Willdan Engineering (April 2011) t
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LtCrTY OF RANCHO PALOS VERDES
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
THIS AGREEMENT is executed this 17th day of April 2011, by and between the
City of Rancho Palos Verdes (hereinafter called "CITY"), and Willdan Engineering
(hereinafter called ("CONSULTANT").
RECITALS
WHEREAS, the CITY proposes improvement and development projects for
Grandview Park (APN 7546-026-901 & -902) and Lower Hesse Park (APN 7583-022-
908), which are City-owned parks. Said proposal will require compliance with the
California Environmental Quality Act (CEQA). The projects are described in detail in the
City's Request for Proposal (RFP) dated February 21, 2011; and,
WHEREAS, the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and CITY'S Local Guidelines require the preparation of Mitigated Negative
Declarations (MNDs)for the proposed projects; and,
WHEREAS, CONSULTANT represents that it is professionally qualified and able
to prepare the necessary Environmental Documentation in compliance with the
applicable state laws and state, local guidelines, and in a format consistent with CEQA
requirements.
NOW, THEREFORE, the parties agree as follows:
Section 1. CONSULTANT'S Services. Consultant shall perform professional
services by preparing Environmental Documentation for the Grandview Park and Lower
Hesse Park Improvement Projects, as set forth in the "Scope of Work" in the
CONSULTANT'S proposal dated as received on March 16, 2011, attached hereto as
Exhibit 'A' and made part hereof by reference, including the following services:
(a) CONSULTANT, shall prepare, under consultation with the CITY, the
following for each of the proposed projects; (1) data collection and project description,
ti
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(2) Draft Initial Study (IS)/Mitigated Negative Declaration (MND) and Supporting
Documentation (3) Revise IS/MND and Circulate Draft IS/MND, (4) a Response to
Comments on the Draft IS/MND, (5) a Final IS/MND, (6) a Mitigation Monitoring and
Reporting Program, and (7) a Notice of Determination as specified in Exhibit 'A'.
Each IS/MND shall be prepared in compliance with the "Scope of Services"
attached in Exhibit 'A' and shall contain all items and Notices required by CEQA (as
amended), the State Guidelines, and CITY'S Local CEQA Guidelines.
(b) When requested, CONSULTANT shall attend and participate in meetings
with CITY staff as well as Public Hearings, which are necessary for the preparation and
completion of the environmental documentation. Any meeting for which CONSULTANT
is requested to attend by CITY beyond the number of meetings identified in the "Scope
of Services", CONSULTANT shall be compensated on a time and materials basis at the
rates set forth in Exhibit 'A', which is attached hereto and incorporated herein by
reference.
(c) CONSULTANT shall supply CITY with the deliverables described in the
"Scope of Services" attached as Exhibit 'A', including the following documents for each
of the proposed projects:
(1) Administrative Draft Initial Study/Mitigated Negative Declaration
(IS/MND)
(2) Final Initial Study/Mitigated Negative Declaration (IS/MND)
(3) Draft and Final Responses to Comments
(4) Mitigation Monitoring and Reporting Program
(5) Notice of Determination
(6) Computer files for all documentation, with processing documents in
a format useable for the City's Website.
(d) All reports, information, data and exhibits prepared or assembled by
CONSULTANT or any subconsultants in connection with the performance of its services
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pursuant to this Agreement are confidential until released by CITY to the public, and
CONSULTANT agrees that they shall not be made available to any individual or
organization without prior written consent of the CITY prior to such release. All such
reports, information, data and exhibits shall be delivered to CITY upon demand without
additional cost or expense to CITY. All charts, tables, figures, and maps, which are
prepared with computer-based mapping or spreadsheet programs, shall be provided to
CITY in their original formats.
(e) CONSULTANT shall respond to those comments raised by CITY staffs
review of the documents in order to facilitate completion thereof. Consultant shall also
respond to all comments from the public, responsible agencies, and/or other interested
parties regarding each IS/MND. Letters identifying the response shall be sent to each
commenting party.
(f) This agreement and the scope of work to be performed by CONSULTANT
may only be amended in a written document executed by both of the parties to this
agreement.
Section 2. Time of Performance. CONSULTANT shall timely perform the
services described above as described in the attached Exhibit 'A'.
Section 3. Compensation. CITY agrees to compensate CONSULTANT, and
CONSULTANT agrees to accept in full satisfaction for the services provided for
hereunder, a fixed fee not to exceed $132,779.00 for the IS/MNDs related to the
Grandview Park and Lower Hesse Park Improvement Projects, which includes all labor
and subconsultant costs, as described in each "Fee Schedule" contained within the
attached Exhibit 'A'. In addition, this fixed fee shall include all expenses for printing,
word processing, delivery, fax, phones, mileage, etc. Prior to printing of any
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documents, CONSULTANT shall verify with CITY the total number of documents to
reproduce.
Not included in this fixed fee are expenses incurred for attending meetings
beyond those specified in Section 1(b) of this contract; analysis of key issues in addition
to those identified within the attached "Scope of Work", changes in the project
description, plans, or scope of work requiring additional work; and printing additional
copies of any document beyond the number of copies specified in the attached Exhibit
'A'.
The actual costs of CONSULTANT'S services and expenses shall be itemized on
the Invoice form, and CITY shall pay CONSULTANT for said undisputed services and
expenses. Payments shall be made based upon Consultant's monthly invoices up to
the maximum amounts set forth in the following schedules:
Grandview Park IS/MND
Benchmark Item Maximum Amount of Payments'
Data Collection, Draft IS/MND and Supporting $47,621.00 + expenses
Documents (Technical Studies)
Revisions to IS/MND and Public Circulation $65,486.00 + expenses
Response to Comments/MMRP $71,131.00 (including all expenses)
Receipt of Notice of Determination Release of 5% Retention and final
'The maximum amount of each payment serves as a cap on the payments until the correlated
benchmark item is completed to the satisfaction of City Staff. Therefore completion of one benchmark
item allows for billing up to the maximum identified for the following benchmark item. All amounts of
payments shall be less the 5% retention, unless sixty (60)consecutive days of delays occur as the result
of event(s), which the CITY determines were beyond CONSULTANT'S control. In such case, CITY shall
release to CONSULTANT the full amount of the payment for the benchmark item(s) that have been
completed to the satisfaction of City Staff.
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Grandview Park IS/MND
Benchmark Item Maximum Amount of Payments'
invoice ($72,181.00)
Lower Hesse Park IS/MND
Benchmark Item Maximum Amount of Payments2
Data Collection, Draft IS/MND and Supporting $36,038.00 + expenses
Documents (Technical Studies)
Revisions to IS/MND and Public Circulation $53,903.00 + expenses
Response to Comments/MMRP $58,507.00 (including all expenses)
Release of 5% Retention and final
Receipt of Notice of Determination
invoice ($60,598.00)
Any work approved pursuant to Section 1(f) of this agreement shall be included
in the appropriate segment of the foregoing schedules, as determined by the City, and
the maximum billing amounts shall be adjusted accordingly.
Five percent (5%) of each bill submitted by CONSULTANT shall be held by CITY
in a retention account. The retained funds will be released to CONSULTANT when the
environmental documentation for each project is successfully completed by the
submittal of the final Notice of Determinations.
2The maximum amount of each payment serves as a cap on the payments until the correlated
benchmark item is completed to the satisfaction of City Staff. Therefore completion of one benchmark
item allows for billing up to the maximum identified for the following benchmark item. All amounts of
payments shall be less the 5% retention, unless sixty (60)consecutive days of delays occur as the result
of event(s), which the CITY determines were beyond CONSULTANT'S control. In such case, CITY shall
release to CONSULTANT the full amount of the payment for the benchmark item(s) that have been
completed to the satisfaction of City Staff.
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If CONSULTANT is requested by CITY to revise or supplement the
environmental documentation for each project with additional data, information or
analysis solely as a result of the CONSULTANT'S failure to comply with the
requirements of CEQA, or the State or local CEQA Guidelines (hereafter referred to
collectively as "CEQA"), CONSULTANT shall provide such revision or supplement at no
additional cost to the CITY. For purposes of this Section, CONSULTANT'S "failure to
comply" shall be based upon a written communication from CITY to CONSULTANT
advising CONSULTANT of the particular items of CONSULTANT'S work that do not
comply with the provisions of CEQA, and which shall not be based on unwritten
interpretations of CEQA that were not delivered to CONSULTANT upon
commencement of this Agreement.
If changes to existing laws, rules, regulations or policies of any state, federal or
local governmental authority having jurisdiction over the project occur, new, unforeseen
issues arise, or comments on the documents are received from attorneys other than the
City Attorney during or following the circulation of the draft environmental document,
during the term of this Agreement that require modification to each projects'
environmental documentation, CONSULTANT will perform such additional services on a
time-and-materials basis, at the rates set forth within Attachment of Exhibit 'A'.
The CITY and CONSULTANT hereby acknowledge and agree that the terms of
CONSULTANT'S compensation are not dependent upon the CITY'S final action on
these Projects.
Section 4. Independent Contractor. CONSULTANT will act hereunder as an
independent contractor. This Agreement shall not and is not intended to constitute
CONSULTANT as an agent, servant, or employee of the CITY and shall not and is not
intended to create the relationship of partnership, joint venture or association between
the CITY and CONSULTANT.
Section 5. Assignment. This agreement may not be assigned in whole or in
part, without the prior written consent of CITY.
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Section 6. Consultant. Responsible Project Manager. The CONSULTANT
shall have a Responsible Project Manager who shall be principally responsible for the
CONSULTANT'S obligations under this Agreement and who shall serve as principal
liaison between CITY and CONSULTANT. The name of the Responsible Project
Manager is John Bellas. Designation of another Responsible Project Manager by
CONSULTANT shall not be made without the prior written consent of CITY.
Section 7. Personnel. CONSULTANT represents that it has, or shall secure
at its own expense, all personnel required to perform CONSULTANT'S services under
this Agreement. CONSULTANT may associate with or employ associates or
subconsultants in the performance of its services under this Agreement, but at all times
shall be responsible for their services. CONSULTANT may not employ additional
subconsultants without prior written approval of CITY.
Section 8. City: Liaison. CONSULTANT shall perform under the general
supervision of the Community Development Director of CITY ("Director") or his or her
designee, and all communications, instructions and directions on the part of the CITY
shall be communicated exclusively through the Director or his or her designee.
Section 9. Data and Services to be Furnished by CITY. All information,
data, records, reports and maps as are in possession of CITY and necessary for the
carrying out of this work shall be available to CONSULTANT without charge.
Section 10. Interests of CONSULTANT. The CONSULTANT affirms that it
presently has no interest and shall not have any interest, direct or indirect, which would
conflict in any manner with the performance of the services contemplated by this
Agreement. No person having any such interest shall be employed by or be associated
with the CONSULTANT or any subconsultant.
The parties agree:
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(a) CITY has sole discretion to direct the work and evaluate the performance
of CONSULTANT and CITY retains the right to terminate this Agreement or replace
CONSULTANT at any time, in accordance with the provisions of Section 13 herein.
(b) CITY has sole discretion to determine the amount of compensation paid to
CONSULTANT, in accordance with the provisions of this agreement.
(c) CITY shall pay CONSULTANT from a CITY account under the exclusive
control of CITY.
Section 11. Insurance. CONSULTANT shall submit to CITY certificates
indicating compliance with the following minimum insurance requirements, to be
maintained during the term of this agreement, not less than one (1) day prior to the
beginning of performance under this Agreement.
1. Worker's Compensation Insurance to cover its employees as required by
the California Labor Code.
The CONSULTANT shall require all subcontractors similarly to provide such
compensation insurance for their respective employees.
2. General liability protecting CONSULTANT in an amount no less than
$1,000,000 per occurrence, $1,000,000 in the aggregate, for bodily injury, personal
injury and property damage. Automobile liability protecting CONSULTANT in an
amount not less than $500,000 per accident for bodily injury and property damage.
Employer's liability protecting CONSULTANT in an amount no less than $1,000,000 per
accident, bodily injury or disease. CONSULTANT agrees to maintain in full force and
effect during the term of this Agreement professional errors and omissions insurance in
an amount not less than $1,000,000 per claim, and in the aggregate. Such policies of
insurance shall:
(a) Be issued by an insurance company which is admitted to conduct
business in the State of California and which is rated in Best's Insurance Guide with a
rating of A VII or better.
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(b) Except for Worker's Compensation and Employer's Liability, name
and list as additional insureds the CITY, its officers and employees.
(c) Except for Worker's Compensation and Employer's Liability, such
insurance policies shall be primary to any other similar insurance and shall name the
CITY, its officers, agents and employees, as additional insureds. Each insurance policy
shall contain a provision that prohibits cancellation, without thirty (30) days prior written
notice to the CITY. The insurance certificates evidencing such insurance and
endorsements naming the CITY, its officers, employees, and agents as additional
insureds, shall be submitted to the CITY for review and thereafter the CITY shall have
the right to approve or disapprove any insurance procured by CONSULTANT under the
standards of this section.
Procurement of insurance by CONSULTANT shall not be construed as a
limitation of CONSULTANT'S liability or as full performance of CONSULTANT'S duties
to indemnify, hold harmless, and defend under this Agreement.
(d) Except for Worker's Compensation and Employer's Liability,
indemnify the CITY from liability from loss, damage or injury to persons or to property
arising from CONSULTANT'S negligent acts in connection with the performance of
services under this Agreement.
(e) Except for Worker's Compensation and Employer's Liability, include
a severability of interests clause substantially similar to the following: "The insurance
afforded by this policy applies separately to each insured against whom a claim or suit
is made or suit it brought, except with respect to the limit of the insurer's liability."
(f) Contain a clause substantially in the following words: "It is hereby
understood and agreed that this policy shall not be canceled except upon thirty (30)
days prior written notice to the CITY of such cancellation, ten (10) days notice if
cancellation is due to nonpayment of premium."
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(g) Cover the operations of CONSULTANT pursuant to the terms of
this Agreement.
(h) Be acceptable to the City Attorney, and failure to comply with these
insurance requirements shall be a material breach of the Agreement.
3. CONSULTANT shall not commence the performance of its services under
this contract until the above insurance has been obtained and appropriate Certificates of
Insurance have been filed with CITY. CONSULTANT further agrees that a clause
substantially similar to this Section 11 will be included in any subcontract executed
under this contract.
Section 12. Indemnification. CONSULTANT will defend, indemnify and hold
harmless CITY and its officials, officers, employees, agents and volunteers free and
harmless from all tort liability, including liability for claims, suits, actions, expenses or
costs of any kind, whether actual, alleged or threatened, actual attorneys' fees, experts'
fees, or court costs incurred by the CITY, arising out of, pertaining to, or in any way
connected with, in whole or in part, the negligent or reckless acts or omissions or willful
misconduct of CONSULTANT or any of CONSULTANT's officers, agents, employees or
contractors in the performance of this Agreement. This includes but is not limited to
claims, suits and liabilities for bodily injury, death or property damage to any individual
or entity, including officers, agents, employees or contractors of the CONSULTANT.
The provisions of this paragraph shall not apply to claims to the extent arising out of the
sole negligence or willful misconduct of the CITY and its officials, officers, employees,
agents and volunteers.
In addition to the foregoing, CONSULTANT shall indemnify, defend and hold free
and harmless the CITY and the CITY's officials, officers, employees, agents and
volunteers from and against any and all losses, liabilities, damages, costs and
expenses, including reasonable attorneys' fees, experts' fees, and costs to the extent
the same are caused by negligence or willful misconduct of the CONSULTANT, or any
of the CONSULTANT's officials, officers, agents, employees or volunteers, in the
performance of professional services pursuant to this Agreement.
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All duties of CONSULTANT under this section shall survive termination of this
Agreement.
Section 13. Termination. The executory provisions of this Agreement may be
terminated by CITY upon five (5) days written notice to the CONSULTANT without
further action by CITY. The executory provisions of this agreement may be terminated
by the CONSULTANT upon thirty (30) days written notice to the CITY. In the event of
such termination by the CITY, the CITY shall pay the CONSULTANT for work
satisfactorily completed to date of such termination, but in no event to exceed the
compensation described in Section 3 of this agreement, based on the percentage of
completion of CONSULTANT'S work on the date of termination, provided such work is
in a form usable by CITY.
Section 14. Notice. Any notice or materials required to be given to the
CONSULTANT shall be deemed duly and properly given upon delivery, if sent to
CONSULTANT postage prepaid to:
John Bellas, Deputy Director of Planning Services
Willdan Engineering
13191 Crossroads Parkway North, Suite 405
Industry, CA 91746
or personally delivered to CONSULTANT at such address or other address specified to
the CITY in writing by CONSULTANT.
Any notice or materials required to be given to the CITY shall be deemed duly
and properly given upon delivery, if sent to the CITY postage prepaid to:
Community Development Director
ck Eduardo Schonborn, AICP, Senior Planner
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
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or personally delivered to CITY at such address or other address specified to the
CONSULTANT in writing by the CITY.
Section 15. Entire Agreement. This agreement represents the entire
integrated agreement between CITY and CONSULTANT, and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement
may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 16. Litigation Costs. Should any dispute under this Agreement lead
to litigation, the prevailing party shall be entitled to reasonable attorneys' fees for the
prosecution of the action.
Section 17. Applicable Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of
California. Venue for any action arising from this Agreement, including but not limited to
matters concerning validity, construction, performance or enforcement shall be
exclusively in the state of federal courts located in Los Angeles County.
Section 18. Business License Required. Consultant shall obtain and
maintain a City Business License prior to commencing preparation of the Environmental
documentation as outlined in this agreement.
Section 19. Merger Clause. This Agreement and its Exhibits are the entire
understanding of the parties, and there are no other terms or conditions, written or oral,
controlling this matter. In the event of any conflict between the provisions of this
Agreement and any of its Exhibits, the provisions of this agreement shall prevail.
Section 20. Provisions Cumulative. The foregoing are cumulative and in
addition to and not in limitation of any other rights or remedies available to the CITY.
Section 21. Anti-Waiver Clause. None of the provisions contained herein shall
be waived because of previous failure to insist upon strict performance, nor shall any
provision be waived because any other provision has been waived in whole or in part.
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EXECUTED the day and year first stated above.
"CITY" � OF RANCHO PALOS VERDES
ATTEST:
By d2/a_A)Mia)ee
Thomas Long, MAYOR city Clerk
"CONSULTANT" W. da Engineering
By
Wi ///afrv) C /'a Jce 171 s�. Vi c e at,5?,/ew--/
(Name/Title)
Exhibits:
'A' Proposal: Scope of Services, Project Schedule, Cost Estimate, Rate Schedule
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Exhibit "A":
CONSULTANT's Proposal and Schedule of Hourly Rates
W I L L DA N expending
your
Engineering reach
May 3, 2011
Mr. Joel Rojas
Community Development Department
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Subject: Proposal to Provide Landscape Plan Check Review for Compliance with
the City's Water Efficient Landscape Ordinance and Supplemental
Regulations
Dear Mr. Rojas:
Willdan Engineering is pleased to submit this proposal to provide landscape plan
checking services for compliance regarding the City's Water Efficient Landscape
Ordinance.
COMPANY INFORMATION
Willdan Engineering
13191 Crossroads Parkway North, Suite 405
City of Industry, CA 91746
Telephone: 562-908-6200
Fax: 562-695-2120
Web Address: www.willdan.com
SCOPE OF SERVICES PROVIDED TO THE CITY
Plan Check Review of Landscape Documentation Package required through Chapter
15.34 of the RPVMC and the "Landscape Regulations for the Implementation of the
RPV Water Efficient Landscape Ordinance" including, but not limited to:
- Landscape Design Plan
- Irrigation Design Plan
- Water Efficient Landscape Worksheet
- Soil Management Report
- Grading Design Plan
Engineering I Geotechnical I Environmemial I Financial I Hornoland Security
562.908.6200 1800.499.4484 I fax:562.695.2120 113191 Crossroads Parkway North,Suite 405,Industry,CA 91746-3443 I www.willdan.com
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KEY PERSONNEL
Willdan proposes to assign the following personnel:
John Hidalgo
Principal Project Manager
Registered Landscape Architect, CA#3551
Bryan Nguyen
Senior Landscape Architect
Registered Landscape Architect, CA#4967
SCHEDULE OF FEES AND REIMBURSABLES EXPENSES
1. For Landscape Areas Totaling 2,500 — 10,000 Square Feet
4 Hours Minimum /6 Hours Maximum
Maximum Fee Amount- $800.00
2. For Landscape Areas Totaling 10,100 Square Feet and Greater
6 Hours Minimum / 11 Hours Maximum
Maximum Fee Amount- $1,400.00
The fees noted above include two plan check submittals.
For plan checks that require a third re-submittal, the fee would be the,base fee plus
the additional time for the third check. The additional time would be based on a time
and materials at $125.00 per hour.
PROJECTED WORK SCHEDULE
The following timeframe details out the number of days for reviews.
1. First Plan Check— 10 Working Days
2. Second Plan Check—6 Working Days
3. Third Plan Check—3 Working Days
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CONCLUSION
Should you have any questions regarding this proposal, please contact Mr. John
Hidalgo at (562) 908-6248 or email address at ihidalgwilldan.com.
Respectfully Submitted,
WILLDAN ENGINEERING
John Hidalgo, RLA William C. Pagett, PE
Principal Project Manager Senior Vice President
Landscape Architectural Services
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