SFC Communications Inc - FY2013-002CITY OF RANCHO PALOS VERDES
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 5th day of March,
2013 by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY") and SFC Communications, Inc. (hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto
agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The project (hereinafter "Project") is described as follows: CONSULTANT
shall provide environmental related services for the CITY's San Ramon Canyon
Stormwater Flood Reduction Project, in accordance with requirements of the Resource
Agency Permits granted to the City of Rancho Palos Verdes, Permit Numbers SPL -
2011 -01140 -SLP, 7011 2970 0000 0645 0174 and 1600-1600-2011-0379-R5
1.2 Description of Services
CONSULTANT shall: produce and submit all pre -construction
documentation and notifications required for construction commencement approval,
conduct a pre -construction nesting survey and report the findings as required to the
appropriate agencies; review the Contractor's biologist's work plan for compliance
before commencement of work; review all work plans in terms with the permit
requirements; monitor all specific activities required by the permits, such as protective
measures for sensitive vegetation, the planting of the native plants in accordance with
the agreed pallet and Native American monitoring; verify for all compliance
requirements upon completion of the San Ramon Canyon Stormwater Flood Reduction
Project, including landscape mitigation adequacy, beach restoration, restoration of
conservation measures in disturbed areas and the preparation and submittal of reports
to each of the required agencies and the submittal of as -built plans; annual inspections
of the mitigated measures will be conducted and reports submitted for 5 -years after the
completion of the San Ramon Canyon Stormwater Flood Reduction Project; reporting;
and attend meetings and site visits, as described in CONSULTANT's Proposal, which is
attached hereto as Exhibit "A" and incorporated herein by this reference. In the event of
any conflict between the terms of this Agreement and any incorporated documents, the
terms of this Agreement shall control.
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1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSULTANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default
by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish
timely information or to approve or disapprove CONSULTANT's work promptly, or delay
or faulty performance by CITY, other consultants/contractors, or governmental
agencies, or any other delays beyond CONSULTANT's control or without
CONSULTANT's fault.
ARTICLE 2
COMPENSATION
2.1 Fee
CIN agrees to compensate CONSULTANT an amount not to exceed one
hundred and seventeen thousand three hundred dollars and no cents ($117,300.00) for
services as described in Article 1.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
SFC Communications, Inc.
Saundra Jacobs
65 Post, Suite 1000
Irvine, CA 92618
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed in the previous month. CIN agrees to authorize payment for all undisputed
invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use
its best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10) days of the receipt of each invoice. However,
CITY's failure to timely notify CONSULTANT of a disputed amount or claimed
completion percentage shall not be deemed a waiver of CITY's right to challenge such
amount or percentage.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CIN then CIN
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
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2.4 Additional Services
CITY may request additional specified work under this Agreement. All
such work must be authorized in writing by the CITY's Director of Public Works prior to
commencement. CONSULTANT shall perform such services, and CITY shall pay for
such additional services in accordance with CONSULTANT's Schedule of Hourly Rates,
which is within Exhibit "A". The rates in Exhibit `tA" shall be in effect through the end of
this Agreement.
2.5 Term of Agreement
This Agreement shall commence on March 6, 2413 and shall terminate on
April 30, 2015 unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification, Hold Harmless, and Duty to Defend
(a) Indemnity for Design Professional Services. In connection with its
design professional services and to the extent allowed by law, CONSULTANT shall hold
harmless and indemnify CITY, and its officials, officers, employees, agents and
independent contractors serving in the role of CITY officials, and designated volunteers
(collectively, "Indemnitees"), with respect to any and all claims, demands, causes of
action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement
of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but
not limited to Claims relating to death or injury to any person and injury to any property,
which arise out of, pertain to, or relate to in whole or in part to the negligence,
recklessness, or willful misconduct of CONSULTANT or any of its officers, employees,
subcontractors, or agents in the performance of its design professional services under
this Agreement.
(b) Other Indemnities. In connection with any and all claims, demands,
causes of action, damages, injuries, liabilities, losses, costs or expenses, including
attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered
by Section 3.1(a), and to the extent allowed by law, CONSULTANT shall defend, hold
harmless and indemnify the Indemnitees with respect to any and all Damages, including
but not limited to, Damages relating to death or injury to any person and injury to any
property, which arise out of, pertain to, or relate to the acts or omissions of
CONSULTANT or any of its officers, employees, subcontractors, or agents in the
performance of this Agreement, except for such loss or damage arising from the sole
negligence or willful misconduct of the CITY, as determined by final arbitration or court
decision or by the agreement of the parties. CONSULTANT shall defend Indemnitees
in any action or actions filed in connection with any such Damages with counsel of
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CITY's choice, and shall pay all costs and expenses, including all attorneys' fees and
experts' costs actually incurred in connection with such defense. Consultant's duty to
defend pursuant to this Section 3.1(b) shall apply independent of any prior, concurrent
or subsequent misconduct, negligent acts, errors or omissions of Indemnitees.
(c) All duties of CONSULTANT under Section 3.1 shall survive
termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each
occurrence and two million dollars ($2,000,000) general aggregate for bodily injury,
death, loss or property damage for products or completed operations and any and all
other activities undertaken by CONSULTANT in the performance of this Agreement.
Said policy or policies shall be issued by an insurer admitted to do business in the State
of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000) per claim and
aggregate for errors and/or omissions of CONSULTANT in the performance of this
Agreement. Said policy or policies shall be issued by an insurer admitted to do business
in the State of California and rated in Best's Insurance Guide with a rating of A:V1I or
better. If a "claims made" policy is provided, such policy shall be maintained in effect
from the date of performance of work or services on the CiTY's behalf until three (3)
years after the date of work or services are accepted as completed. Coverage for the
post -completion period may be provided by renewal or replacement of the policy for
each of the three (3) years or by a three-year extended reporting period endorsement,
which reinstates all limits for the extended reporting period. If any such policy and/or
policies have a retroactive date, that date shall be no later than the date of first
performance of work or services on behalf of the CITY. Renewal or replacement
policies shall not allow for any advancement of such retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence
and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one
person and five hundred thousand dollars ($500,000) for property damage arising from
one incident.
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3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as
required by the law. CONSULTANT shall require any subcontractor similarly to provide
such compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage
shall not be cancelled or modified by the insurance carrier without thirty (30) days prior
written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of
premium. Additionally, CONSULTANT shall provide immediate notice to the City if it
receives a cancellation or policy revision notice from the insurer.
(b) CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage. CONSULTANT agrees that if it does not keep the aforesaid
insurance in full force and effect, CITY may either immediately terminate this Agreement
or, if insurance is available at a reasonable cost, CITY may take out the necessary
insurance and pay, at CONSULTANT's expense, the premium thereon.
3.7 Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall
maintain on file with the CITY Clerk a certificate of insurance showing that the aforesaid
policies are in effect in the required amounts. The commercial general liability policy
shall contain endorsements naming the CITY, its officers, agents and employees as
additional insureds.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any
coverage available to CIN. The insurance policies (other than workers compensation
and professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time, with or without
cause, by the CIN upon thirty (30) days prior written notice. This Agreement may be
terminated by CONSULTANT only for cause upon ninety (90) days prior written notice.
Notice shall be deemed served if completed in compliance with Section 6.14.
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{b} In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by
CONSULTANT, in an amount to be determined as follows: for work satisfactorily done
in accordance with all of the terms and provisions of this Agreement as determined by
the CITY, CONSULTANT shall be paid an amount equal to the percentage of services
performed prior to the effective date of termination or cancellation in accordance with
the work items; provided, in no event shall the amount of money paid under the
foregoing provisions of this paragraph exceed the amount which would have been paid
to CONSULTANT for the full performance of the services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents, plans, specifications, reports, information, data, exhibits,
photographs, images, video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products") shall be and remain the property of the
CITY without restriction or limitation upon its use, duplication or dissemination by the
CITY. All Written Products shall be considered "works made for hire," and all Written
Products and any and all intellectual property rights arising from their creation,
including, but not limited to, all copyrights and other proprietary rights, shall be and
remain the property of the CITY without restriction or limitation upon their use,
duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to
obtain copyright protection as to any Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the
CIN pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to
which any intellectual property right exists, including computer software, used in the
rendering of the services and the production of all Written Products produced under this
Agreement, and that the CITY has full legal title to and the right to reproduce the Written
Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected
officials, officers, employees, servants, attorneys, designated volunteers, and agents
serving as independent contractors in the role of CITY officials, harmless from any loss,
claim or liability in any way related to a claim that CITY's use of any of the Written
Products is violating federal, state or local laws, or any contractual provisions, or any
laws relating to trade names, licenses, franchises, copyrights, patents or other means of
protecting intellectual property rights and/or interests in products or inventions.
CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade
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secret or trademarked documents, materials, equipment, devices or processes in
connection with its provision of the services and Written Products produced under this
Agreement. In the event the use of any of the Written Products or other deliverables
hereunder by the CITY is held to constitute an infringement and the use of any of the
same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to
continue using the Written Products and other deliverables by suspension of any
injunction, or by procuring a license or licenses for CITY; or (b) modify the Written
Products and other deliverables so that they become non -infringing while remaining in
compliance with the requirements of this Agreement. This covenant shall survive the
termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables
related to the Project without additional cost or expense to the CITY. If CONSULTANT
prepares a document on a computer, CONSULTANT shall provide CITY with said
document both in a printed format and in an electronic format that is acceptable to the
CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee, and CONSULTANT shall notify CITY of CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal OpportunitY� Acts
In the performance of this Agreement, CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48), the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C. 200e--217), and the Americans with Disabilities
Act of 1992 (42 U.S.C. § 11200, et sem.).
6.3 Personnel
CONSULTANT represents that it has, or shall secure at its own expense,
all personnel required to perform CONSULTANT's services under this Agreement. Any
person who performs engineering services .pursuant to this Agreement shall be licensed
as a Civil Engineer by the State of California and in good standing. CONSULTANT
shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who
are assigned to perform the services hereunder and shall obtain the approval of the
Director of Public Works of all proposed staff members who will perform such services.
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CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement, but at all times shall CONSULTANT
be responsible for its associates and subcontractors' services.
6.4 CONSULTANT's Representations
CONSULTANT represents, covenants and agrees that: a) CONSULTANT
is licensed, qualified, and capable of furnishing the labor, materials, and expertise
necessary to perform the services in accordance with the terms and conditions set forth
in this Agreement; b) there are no obligations, commitments, or impediments of any kind
that will limit or prevent CONSULTANT 's full performance under this Agreement; c) to
the extent required by the standard of practice, CONSULTANT has investigated and
considered the scope of services performed, has carefully considered how the services
should be performed, and understands the facilities, difficulties and restrictions
attending performance of the services under this Agreement.
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12) months after completion of the
work under this Agreement which is or may likely make CONSULTANT 'Tinancially
interested" (as provided in California Government Code Sections 1090 and 87100) in
any decisions made by CITY on any matter in connection with which CONSULTANT
has been retained pursuant to this Agreement.
6.6 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled
by and construed under the laws of the State of California, excluding California's choice
of law rules. Venue for any such action relating to this Agreement shall be in the Los
Angeles County Superior Court.
(b) If any legal action or other proceeding, including action for
declaratory relief, is brought for the enforcement of this Agreement or because of an
alleged dispute, breach, default or misrepresentation in connection with this Agreement,
the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees,
and other costs, in addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CIN and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT
for its testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
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6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY. Any such purported
assignment without written consent shall be null and void, and CONSULTANT shall hold
harmless, defend and indemnify the CITY and its officers, officials, employees, agents
and representatives with respect to any claim, demand or action arising from any
unauthorized assignment.
Notwithstanding the above, CONSULTANT may use the services of
persons and entities not in CONSULTANT's direct employ, when it is appropriate and
customary to do so. Such persons and entities include, but are not necessarily limited
to, surveyors, specialized consultants, and testing laboratories. CONSULTANT's use of
subcontractors for additional services shall not be unreasonably restricted by the CITY
provided CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
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 CONSULTANT or any of the CONSULTANT's employees, except as
herein set forth, and CONSULTANT is free to dispose of all portions of its time and
activities which it is not obligated to devote to the CITY in such a manner and to such
persons, firms, or corporations as the CONSULTANT wishes except as expressly
provided in this Agreement. CONSULTANT shall have no power to incur any debt,
obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an
agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of
its agents, servants or employees, are in any manner agents, servants or employees of
CITY. CONSULTANT agrees to pay all required taxes on amounts paid to
CONSULTANT under this Agreement, and to indemnify and hold the CITY harmless
from any and all taxes, assessments, penalties, and interest asserted against the CITY
by reason of the independent contractor relationship created by this Agreement.
CONSULTANT shall fully comply with the workers' compensation law regarding
CONSULTANT and its employees. CONSULTANT further agrees to indemnify and
hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers' compensation laws. The CITY shall have the right to offset against the amount
of any fees due to CONSULTANT under this Agreement any amount due to the CITY
from CONSULTANT as a result of its failure to promptly pay to the CITY any
reimbursement or indemnification arising under this Article.
6.9 Titles
i
The titles used in this Agreement are for general reference only and are
not part of the Agreement.
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6.10 Entire Agreement
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified or amended, or provisions or
breach may be waived, only by subsequent written agreement signed by both parties.
6.11 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.12 Non -Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance under
this Agreement shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by the CITY of any payment to
CONSULTANT constitute or be construed as a waiver by the CITY of any breach of
covenant, or any default which may then exist on the part of CONSULTANT, and the
making of any such payment by the CITY shall in no way impair or prejudice any right or
remedy available to the CITY with regard to such breach or default.
6.13 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
6.14 Notice
Except as otherwise required by law, any notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed
received on (a) the day of delivery if delivered by hand or overnight courier service
during CONSULTANT's or CITY's regular business hours or (b) on the third business
day following deposit in the United States mail, postage prepaid, to the addresses listed
below, or at such other address as one party may notify the other:
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���3
Les Jones, Interim Public Works Director
City of Rancho Palos Verdes
30949 Hawthorne Blvd.
Rancho Palos Verdes, CA 99275
To CONSULTANT:
Saundra Jacobs s"XG
65 Post, Suite 1900
Irvine, CA 92618
err vn iCe�7w�J' rn �
[Signatures on next page.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:,�Gl'�
Dated: /'0
3
ATTEST:
M1,City Clerk
SFC
("CONSULTA
B.
Printed Name -
Title: Ple-esl'
am
Printed Name:
Title:
CITY OF RANCHO PALOS VERDES
("C ITY"}
By:(* - ' �
v
Mayor
APPROVED AS TO FORM:
in
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City Attorney
86876-0001 t9 535235v2.doc Agreement for Professional Services
0
0
Exhibit "A":
Consultant's Proposal, including Schedule of Hourly Rates
Exhibit "A"
R6876 -000111347726v 1.doc
C1
Introduction
0
The City of Rancho Palos Verdes, as Lead Agency for the San Ramon Storm Drain Tunnel
Project (Project) CEQA documentation has adopted a mitigation monitoring and reporting
program pursuant to Section 21081.6 of the Public Resources Code, California Environmental
Quality Statutes. The purpose of the program is to ensure compliance with the required
mitigation measures or project revisions during project implementation. Under Section 21081.6,
the City has adopted as conditions of approval, the approved mitigation measures.
The City is also in receipt of approved permits from the following State and Federal Agencies
for the Project.
• Dept. of the Army, Los Angeles District, Corps of Engineers, Nationwide Permit
Verification: SPL -2001 -01140 -SLP, Dec. 3, 2012.
• California Natural Resource Agency, Department of Fish and Came, Final Lake or
Streambed Alteration Agreement Notification No.: 1600-1600-2011-0379-R5, May 18,
2012.
• California Water Boards, Los Angeles Regional Water Quality Control Board, Water
Quality Certification: File # 11 -20 1, July 2, 2012.
Project Location
San Ramon Canyon, north and south of W.254' Street/Palos Verdes Drive East, in the City of
Rancho Palos Verdes, Los Angeles County, California.
Project Description
The project undertaking would include a neva mid -canyon storm drain inlet structure and tunnel
alignment north of W. 25`h Street that would ravity flow through the tunnel to a cut and covered
section of buried pipe located south of W. 25 Street, and transition into a second tunnel to a
new outlet structure at the base of the bluff. Total storm drain alignment is approximately 4,200
lineal feet of 54 -inch diameter pipe from inlet to outlet. Total tributary area draining into the
new storm drain would be 123.7 acres. The existing 48" storm drain below W. 25`h Street that is
within the City of Los Angeles would remain in place and serve as backup as necessary. No
improvements or cleaning are proposed to the existing storm drain system, which is located in
the City of Los Angeles.
Scope of Work
The scope of work listed below has been outlined for the three different phases of the project:
pre -construction, construction and post -construction. The hours listed for each phase as listed in
the attached pricing matrix are time and materials, and should be considered not -to -exceed totals.
General. Contractor (Contractor) will administer regulatory permit requirements not outlined
below.
City of Rancho Palos Verdes
San Ramon Canyon Storm Drain
Mitigation Implementation Plan
PRE -CONSTRUCTION
1) Pre -construction notifications to regulatory agencies.
a. Provide written notification of pending construction start to all regulatory
agencies.
i. Letter report
ii. Permits
iii. Approved drawings
b. Follow up with each regulatory agency for adequacy of project plans and
construction commencement approval.
2) Pre -construction nesting bird survey
a. Conduct initial 2 -day nesting survey. Determine high priority areas. Initiate
weekly visit schedule per CDFG requirement for regular monitoring for 30 -days
prior to disturbance.
b. Final survey no more than 5 -day prior to the start of construction.
c. Report of findings.
d. Pre -construction color photos.
e. Submittal to regulatory agencies.
3) Review Contractors biologists work plan.
a. Review of BMPs in canyon and shore line for compliance.
b. Review of Landscape Establishment Conformance Mitigation Plan for
compliance
c. Review of Surface water Diversion Plan for compliance and submit to
LARwQCB prior to any surface water diversions, if any.
CONSTRUCTION
4 j Third party review of general contractor's biologist, by SFC's biologist during clearing
and grubbing and significant earth moving activity. Activities will include, but are not
limited to:
a. Minimal "over -the -shoulder" review in the field. Summarize adequacy for City
via soft copy report or email.
b. Desk review and comments on adequacy of Contractor's biologists reports.
Summarize adequacy for City via soft copy report or email.
c. Attend Contractor's biologist pre -project briefing. Summarize adequacy for City
via soft copy report or email.
d. Review Contractor's biologists Education Brochure. Summarize adequacy for
City via soft copy report or email.
e. Verify compliance with protective measures by Contractors biologist. Summarize
adequacy for City via soft copy report or email.
f. Verify supplemental watering by Contractors biologist. Summarize adequacy for
City via soft copy report or email.
g. Verify grass seed mix has been approved by DFG. Summarize adequacy for City
via soft copy report or email.
h. 'Verify specialist to retrieve and replant any sensitive plant species that may be
impacted prior to drilling through bluff. Summarize adequacy for City via soft
copy report or email.
3
City of Rancho Palos Verdes
San Ramon Canyon Storm Drain
Mitigation Implementation Plan
5) Limited third party oversight of restoration planting activity.
a. Summarize adequacy for City via soft copy report or email.
6) Native American monitoring during clearing and grubbing in the canyon and significant
earth moving activity. Estimated 4 to 12 weeks.
a. Provide to the City a monitoring report.
b. Submit monitoring reports to appropriate regulatory agencies.
POST -CONSTRUCTION
7) Post construction review and documentation of restoration activity as outlined in
CDFG permit.
a. Verify compliance with Landscape Establishment Conformance Mitigation Plan
b. Verify conservation easement to new mitigation area.
c. Recommend additional restoration as needed to comply with permits.
d. Verify temporary impact areas for access have been restored and revegetated.
e. Provide report summarizing adequacy of restoration activity.
8) Post construction coordination with regulatory agencies as outlined in permits.
a. Prepare and submit Post -project implementation memorandum to resource
agencies.
i. Dates work within waters of US initiated and completed.
ii. Summary of compliance status with each special condition of permit
(including non-compliance), and/or recommendations to comply.
iii. Color photos (including map of photopoints) of project site before and
after construction of those aspects directly associated with permanent
impact to waters of the US.
iv. Submit "as -built" drawings.
b. Certification of Compliance with Regulatory agencies.
c. Verification of other mitigation measures outlined in Final CEQA MND.
i. Outlet structure.
ii. Trail switch back/passive park.
9) On Call Environmental Services.
a. As needed.
LONG TERM ANNUAL REMEDIATION REVIEW
10) Five-year annual remediation review, documentation and distribution to
regulatory agencies. Annual review to include:
a. Color photo documentation of pre- and post -project and mitigation conditions.
b. GPS coordinate outlining boundary of project and mitigation area.
c. Overall status of project including detailed schedule of work.
d. water quality monitoring results (as required).
e. Certified Statement of "no net loss" of wetlands associated with this project.
f. Discussion of monitoring activities and exotic plant control efforts.
g. Certified Statement from permitee that all conditions of permit Certification have
been met.
City of Rancho Palos Verdes
San Ramon Canyon Storm Drain
Mitigation Implementation Plan
9
COST MATRIX
0
City of Rancho Palos Verdes
San Ramon Canyon Storm Drain
Mitigation Implementation Plan
,.
PRE -CONSTRU9T, 10N
Ratelhotir
unless
1
- --
I
PRE -CONSTRUCTION NOTIFICATION
an
S t 05
4200
"
PRE -CONSTRUCTION BIRD NESTING SURVEY and REGULAR
MONITORING 30 -DAYS PRIOR TO DISTURBANCE.
48
S125
Includes 2 day nest;,ng survey
and once weekly survey for
6000 30 -days prior to disturbance.
3
REVIEW OF WORK PLAN
-101
S105
1050
CONSTRUC'TION
4
THIRD PARTY REVIEW DURING CONSTRUCTION
320
S12C,
Assuming 8 weeks of limited
activity over a 4 month
40000 ocriod.
5
THIRD PARTY OVERSI T E OF RESTORATION PLANTING ACTIVITY
40
SI25
5000
6
NATIVE AMERICAN MONITORING
40 days
S375/day
Assuming 8 weeks of limited
activity over a 4 month
15000 period.
POST -CONSTRUCTION
7
POST CONSTRUCTION REVIEW AND DOCUMENATION
40
5105
4200
8
POST CONSTRUCTION COORDINATION WITH REGULATORY
AGENCIES
20
S 105
2100
9
ON CALL ENVIRONMENTAL SFRIVCES
S150
SI -115
S18.750 As needed.
LONGTERM REVIEW
10
5 -YEAR ANNUAL REVIEW
200
S.105
Includes 1 annual report per
21000 ycar for 5 years.
117300
City of Rancho Palos Verdes
San Ramon Canyon Storm Drain
Mitigation Implementation Plan