Kling Consulting Group - FY2016-006 RECEIVED
AUG 212015
CITY OF RANCHO PALOS VERDES Kling Consulting Group
ON-CALL PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 18th day of
August 2015, by and between the City of Rancho Palos Verdes (hereinafter referred to
as the "CITY") and Kling Consulting Group, a California corporation (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 is described as on-call services as follows: Geotechnical
Services.
1.2 Description of Services
CONSULTANT shall provide such on-call geotechnical services as may be
requested by CITY. CONSULTANT acknowledges that this Agreement is for on-call
services, and there is no certainty that CONSULTANT will be asked to perform any
services pursuant to this Agreement. CONSULTANT's Statement of Qualifications 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 incorporated documents, the terms
of this Agreement shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from CITY, CONSULTANT shall
perform with due diligence the services requested by 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.
1.4 Term of Agreement
This Agreement shall commence on August 18, 2015 and shall terminate
on June 30, 2021 unless sooner terminated pursuant to Article 4 of this Agreement.
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ARTICLE 2
COMPENSATION
2.1 Rates; Expense Reimbursement
2.1.1 CITY agrees to compensate CONSULTANT in accordance with
CONSULTANT's Schedule of Hourly Rates, which is within Exhibit A and shall meet or
exceed prevailing wage rates, and in any case an amount not to exceed Sixty Thousand
dollars ($60,000) per fiscal year for services as described in Article 1. On-call services
that are reimbursed by a trust deposit shall not count towards the maximum amount
CONSULTANT shall be paid for such services. The rates in Exhibit A shall be in effect
through the end of the term of this Agreement.
2.1.2 CITY will not reimburse CONSULTANT for costs and expenses
unless such costs and expenses are previously approved by CITY.
2.2 Payment of Compensation
CONSULTANT shall submit monthly invoices for the work completed in the
previous month. CITY 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 within ten (10) days of the receipt
of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed
amount shall not be deemed a waiver of CITY's right to challenge such amount.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider the default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnity
3.1.1 Indemnity for Design Professional Services. To the fullest extent
permitted by law, CONSULTANT shall, at its sole cost and expense, protect, indemnify,
and hold harmless CITY and its elected officials, officers, attorneys, agents, employees,
designated volunteers, successors, assigns and those CITY agents serving as
independent contractors in the role of CITY officials (collectively"Indemnitees"), from and
against any and all damages, costs, expenses, liabilities, claims, demands, causes of
action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever,
including fees of accountants, attorneys, or other professionals and all costs associated
therewith, and reimbursement of attorney's fees and costs of defense (collectively
"Liabilities"), whether actual, alleged or threatened, which arise out of, are claimed to arise
out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful
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misconduct of CONSULTANT, its officers, agents, servants, employees, subcontractors,
material men, contractors or their officers, agents, servants or employees (or any entity
or individual that CONSULTANT shall bear the legal liability thereof) in the performance
of design professional services under this Agreement by a "design professional," as the
term is defined under California Civil Code Section 2782.8(c)(2).
3.1.2 Other Indemnities.
(a) Other than in the performance of design professional services, and
to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense,
defend, hold harmless and indemnify the Indemnitees from and against any and all
damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings,
judgments, penalties, liens, and losses of any nature whatsoever, including fees of
accountants, attorneys, or other professionals and all costs associated therewith and the
payment of all consequential damages (collectively "Claims"), in law or equity, whether
actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or
relate to the acts or omissions of CONSULTANT, its officers, agents, servants,
employees, subcontractors, materialmen, contractors or their officers, agents, servants
or employees (or any entity or individual that CONSULTANT shall bear the legal liability
thereof) in the performance of this Agreement, including the Indemnitees' active or
passive negligence, except for Claims arising from the sole negligence or willful
misconduct of the lndemnitees, as determined by final arbitration or court decision or by
the agreement of the Parties. CONSULTANT shall defend the Indemnitees in any action
or actions filed in connection with any Claim with counsel of the Indemnitees' choice, and
shall pay all costs and expenses, including all attorneys' fees and experts' costs actually
incurred in connection with such defense. CONSULTANT shall reimburse the
Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in
connection therewith.
(b) CONSULTANT shall pay all required taxes on amounts paid to
CONSULTANT under this Agreement, and indemnify and hold CITY harmless from any
and all taxes, assessments, penalties, and interest asserted against CITY by reason of
the independent contractor relationship created by this Agreement. CONSULTANT shall
fully comply with the workers' compensation law regarding CONSULTANT and
CONSULTANT's employees. CONSULTANT shall indemnify and hold CITY harmless
from any failure of CONSULTANT to comply with applicable workers' compensation laws.
CITY may offset against the amount of any fees due to CONSULTANT under this
Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's
failure to promptly pay to CITY any reimbursement or indemnification arising under this
Subparagraph (b).
(c) CONSULTANT shall obtain executed indemnity agreements with
provisions identical to those in this Section 3.1 from each and every subcontractor or any
other person or entity involved by, for, with or on behalf of CONSULTANT in the
performance of this Agreement. If CONSULTANT fails to obtain such indemnities,
CONSULTANT shall be fully responsible and indemnify, hold harmless and defend the
Indemnitees from and against any and all Claims in law or equity, whether actual, alleged
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or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the
acts or omissions of CONSULTANT's subcontractor, its officers, agents, servants,
employees, subcontractors, materialmen, contractors or their officers, agents, servants
or employees (or any entity or individual that CONSULTANT's subcontractor shall bear
the legal liability thereof) in the performance of this Agreement, including the Indemnitees'
active or passive negligence, except for Claims arising from the sole negligence or willful
misconduct of the Indemnitees, as determined by final arbitration or court decision or by
the agreement of the Parties.
3.1.3 Workers' Compensation Acts not Limiting. CONSULTANT's
obligations under this Article 3, or any other provision of this Agreement, shall not be
limited by the provisions of any workers' compensation act or similar act. CONSULTANT
expressly waives its statutory immunity under such statutes or laws as to CITY, its
officers, agents, employees and volunteers.
3.1.4 Insurance Requirements not Limiting. CITY does not, and shall not,
waive any rights that it may possess against CONSULTANT because of the acceptance
by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant
to this Agreement. This hold harmless and indemnification provisions in this Article 3
shall apply regardless of whether or not any insurance policies are determined to be
applicable to the Liabilities, Claims, tax, assessment, penalty or interest asserted against
CITY.
3.1.5 Survival of Terms. The indemnification in this Article 3 shall survive
the expiration or termination of this Agreement.
3.2 Insurance
3.2.1 General Liability Insurance
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. The policy
or policies shall be issued by an insurer admitted or authorized 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.
3.2.2 Professional Liability Insurance
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. The policy or policies shall be issued by an insurer admitted or authorized to
do business in the State of California and rated in Best's Insurance Guide with a rating of
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A:VII 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 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 CITY. Renewal or replacement policies shall not allow for
any advancement of such retroactive date.
3.2.3 Automobile Liability Insurance
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. The policy or policies shall be issued by an insurer admitted or authorized
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.
3.2.4 Worker's Compensation Insurance
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.
3.2.5 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, or ten (10) days notice if cancellation is due to nonpayment of premium.
CONSULTANT shall provide immediate notice to CITY, if CONSULTANT 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 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.
3.2.6 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall maintain
on file with the City Clerk both a copy of the entire policy and a certificate of insurance
showing that the policies are in effect in the required amounts. The commercial general
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liability policy shall contain endorsements naming CITY, its officers, agents and
employees as additional insureds.
3.2.7 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY. 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 CITY upon ten (10) days prior written notice or by CONSULTANT upon ninety
(90) days prior written notice. Notice shall be deemed served if completed in compliance
with Section 6.15.
(b) (b) CONSULTANT shall cease all work under this Agreement on
or before the effective date of termination specified in the notice of termination. 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 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 final 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 CITY without restriction or limitation upon its use, duplication or dissemination
by 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 CITY without restriction or limitation upon their use, duplication or
dissemination by CITY. CONSULTANT shall not obtain or attempt to obtain copyright
protection as to any Written Products.
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CONSULTANT hereby assigns to CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in CITY
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 CITY has full legal title to and the right to reproduce the Written
Products. CONSULTANT shall defend, indemnify and hold 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 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 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 CITY all Written Products and other deliverables related
to the Project without additional cost or expense to CITY. If CONSULTANT prepares a
document on a computer, CONSULTANT shall provide CITY with the document both in
a printed format and in an electronic format that is acceptable to 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
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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 1990 (42 U.S.C. § 11200, et seq.).
6.3 Audit
The CITY or its representative shall have the option of inspecting, auditing
or inspecting and auditing all records and other written materials used by CONSULTANT
in preparing its billings to CITY as a condition precedent to any payment to
CONSULTANT. CONSULTANT will promptly furnish documents requested by CITY.
Additionally, CONSULTANT shall be subject to State Auditor examination and audit at
the request of CITY or as part of any audit of CITY, for a period of three (3) years after
final payment under this Agreement.
6.4 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.
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.
6.5 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.
6.6 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 "financially
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.
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6.7 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 CITY 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.
6.8 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of CITY. Any such purported assignment
without written consent shall be null and void, and CONSULTANT shall hold harmless,
defend and indemnify 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 CITY
provided CONSULTANT notifies CITY in advance.
6.9 Independent Contractor
CONSULTANT is and shall at all times remain, as to CITY, a wholly
independent contractor. Neither 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 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 CITY or otherwise act on behalf of CITY as an agent. CONSULTANT shall
not, at any time or in any manner, represent that it or any of its agents, servants or
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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 CITY harmless from any and all taxes,
assessments, penalties, and interest asserted against 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 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 CITY from CONSULTANT as a result of its failure to
promptly pay to CITY any reimbursement or indemnification arising under this Article.
6.10 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.11 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.
6.12 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.
6.13 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 CITY of any payment to CONSULTANT
constitute or be construed as a waiver by 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 CITY shall in no way impair or prejudice any right or remedy available to CITY with
regard to such breach or default.
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6.14 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.
6.15 Notice
Except as otherwise required by law, any notice, payment 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 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:
To CITY:
Responsible Person: Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Responsible Person: Jim Lancaster
Kling Consulting Group, Inc.
18008 Sky Park Circle, Suite 250
Irving, CA 92614
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: . 7,C 20/S Kling Consulting Group, a California
corporation
("C TANI")
By: •
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Printed Name: P//Mit/f
Title: PiAtA0r14--
By:
Printed Name:
Title:
Dated: CITY OF RANCHO PALOS VERDES
("CITY")
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By: v
ayor wr'
ATTEST: APPROVED AS TO FORM:
By:
City Clerk City Attorney
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: Z 'c( ��'� Kling Consulting Group, a California
corporation
("C LTAN "
By:
Printed Name: 'r/Aifd 4fq
Title: ?feSiCitr+
By: /14 a.
Printed Name: St3i4ft, �- -re
Title: s eCr-&:6 /
Dated: g/3k CITY OF RANCHO PALOS VERDES
CCITY")
By: .ra.
ayor
ATTEST: APPROVED AS TO FORM:
By: 1.A.ArLied BY:
City Clerk City Attorney
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Exhibit A
Consultant's Statement of Qualifications, including Schedule of Hourly Rates
Exhibit A
R6876-0001\1857604v2.doc
. , . KLING
Consulting
amiumni.. Group, Inc.
RECEIVED
June 9, 2015 City of Rancho Palos Verdes PN 00146-00
JUN 152015
Mr. Ron Dragoo
Principal Engineer
City of Rancho Palos Verdes PUBLIC WORKS DEPARTMENT
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Subject: Proposal to Provide On-Call Geotechnical Services for the City of Rancho Palos
Verdes, California. —Statement of Qualifications and Fee Schedule
Dear Mr. Dragoo:
In response to your request of May 28, 2015, Kling Consulting Group is pleased to submit this
Statement of Qualifications and Fee Schedule to provide Engineering Geology and Geotechnical
Engineering Services for the Public Works Department of the City of Rancho Palos Verdes,
California. It is our understanding that these services will be provided on an as-needed basis and a
cost estimate and work authorization will be provided for each separate work task requested. Cost
estimates will be based on the attached Fee Schedule. If called upon, our firm can perform the
following services:
• 2nd and 3"d party review of geotechnical reports and plans,
• Geotechnical soils testing and observation associated with utility and street construction,
• Geotechnical review of field work by others,
• Geologic review of landslide or distress conditions,
• Pavement design,
• Geologic site reviews,
• On call geologic hazard assessments and reviews,
• Geotechnical monitoring and assessment,
• Geologic consultation.
COMPANY APPROACH AND METHODOLOGY
Kling consulting Group(KCG)is a full-service consulting firm in the fields of engineering geology
and geotechnical engineering with our office located in Irvine, California. At KCG, our goal is to
provide our clients with excellent customer service as well as with quality technical expertise. As a
service oriented company,our management staff is encouraged to participate in a continuing program
of training seminars and personal development directed at providing the best possible service to our
clients through sound business and project management practices.
18008 Sky Park Circle Suite 250 Irvine California 92614 (949) 797-6241 Fax 797-6260
' City of Rancho Palos Verdes Public Works Department PN 00146-00
June 9,2015
KCG has extensive experience with a variety of project types for both private clients and public
agencies in Southern California and the Palos Verdes Peninsula area. We are currently in our 17 year
as the city's consulting reviewing Engineering Geologist and Geotechnical Engineers. As such we
have an intimate knowledge of the peninsula's geology.Our firm routinely evaluates,monitors,and
provides recommendations for roadway improvements,water,storm drain and sewer infrastructure
improvements, the mitigation of slope instability, landslides, debris flows, expansive soils,
compressible soils, settlement, faulting, seismicity, and liquefaction.
In addition to the capabilities stated above, KCG has the following in-house resources:
• An on-site geotechnical and construction materials laboratory,
• A considerable collection of geotechnical and geologic analysis software,
• An extensive library of engineering geology and geotechnical engineering references and aerial
photographs,
• Monitoring and instrumentation capabilities including slope inclinometers,groundwater pressure
transducers,and other instruments to measure groundwater pressures, settlement,and landslide
and slope deformation.
PROJECT UNDERSTANDING
As with our current on-call contract with the Department of Public Works,we understand that typical
tasks will include evaluation of geotechnical aspects of existing public works infrastructure facilities
and capital improvement projects. Evaluations will include effects of landsliding, settlement,
erosion,seismicity,and other potential geotechnically related impacts on public property within the
jurisdiction of the Department of Public Works. Once placed on the Department of Public Works'
on-call geotechnical consultants list,we would provide a proposal containing a scope of work and
cost estimate to the department for approval for each individual project that we are asked to evaluate.
COMPANY EXPERIENCE
KCG is currently geotechnical consultant to the Cities of Lake Forest,Laguna Beach,Palos Verdes
Estates, Rosemead, Seal Beach, Fountain Valley, Redondo Beach and Rancho Palos Verdes and
provides on call public works geotechnical services to Culver City and the City of Irvine. Our
services to these municipalities has consisted of geotechnical evaluation of geologic hazards, and
geotechnical input to public capital improvement projects on a case by case basis as well as
observation and testing for various infrastructure projects.We pride ourselves in being proactive and
providing straight forward down to earth consulting.
Contacts for selected public works and municipal clients are presented below:
Contact Person: Mr. Greg Pfost
City: Laguna Beach
Address: 505 Forest Ave., Laguna Beach, CA 92651
Telephone: (949) 497-0712
E-mail: gpfost@lagunabeachcity.net
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' City of Rancho Palos Verdes Public Works Department PN 00146-00
June 9,2015
Contact Person: Joel Rojas
City: Rancho Palos Verdes
Address: 30940 Hawthorne Blvd.,Rancho Palos Verdes, CA 90275-5391
Telephone: (310) 544-5228
E-mail: joelr@rpvca.gov
Contact Person: Sheri Repp Loadsman
City: Palos Verdes Estates
Address: 340 Palos Verdes Drive West, Palos Verdes Estates, CA 90274
Telephone: (310)378-0383 ext 2216
E-mail: srepp(a�pvestates.org
Contact Person: Darik Doggett
City: Fountain Valley
Address: 10200 Slater Avenue, Fountain Valley, CA 92708
Telephone: (714) 593-4566
E-mail: darik.doggettna,fountainvalley.org
Contact Person: Tim D'Zmura, PE, CBO,AICP
City: City of Lake Forest—Interwest Consulting Group
Address: 15061 Springdale Street, Suite 205, Huntington Beach, CA 92649
Telephone: (714) 899-9039 ext 311
E-mail: tdzmura 1r,interwestgrp.com
KEY PERSONNEL
The following staff members will be utilized for engineering geology and geotechnical engineering
consulting services for the City of Rancho Palos Verdes. A brief resume for each follows:
KCG—Key Team Members Experience Registration Education
GE 2205, CA
HENRY KLING RCE 42395, CA
President/Principal Geotechnical 40 years CE 14912 NV Civil Engineering
Engineer CE 43724' AZ
JAMES M. LANCASTER, JR. 29ears CEG 1927, CA BS, Geology
Principal Engineering Geologist
DANTE DOMINGO 36ears RCE 57939, CA BS, Civil Engineering
y CE 33920, AZg g
Principal Engineer
STEPHEN GUERRE 29ears CEG 1981, CA BS, Geology
Associate Engineering Geologist
Hans Tolksdorf 9 years RCE 80992, CA BS, Civil Engineering
Senior Engineer
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City of Rancho Palos Verdes Public Works Department PN 00146-00
June 9,2015
RESUMES - KEY PERSONNEL
HENRY F. KLING,P.E., G.E.
PRESIDENT AND PRINCIPAL GEOTECHNICAL ENGINEER
As a Registered Professional Engineer in both Civil and Geotechnical Engineering, Mr. Kling has
extensive experience in California on a wide range of projects including:design and construction of
major residential and commercial development projects, design and construction of major road
alignment projects,landslide and slope stability investigations,and infrastructure projects including
major roadways,pipelines and reservoirs.
Residential projects have included Master Planned Communities such as LaBand Village and
Rolling Ridge Estates in Chino Hills, Hunt Club II in San Juan Capistrano; and Northwood,
Northpark,Turtle Ridge and Quail Hill developments in Irvine. Commercial projects have included
the Irvine Spectrum Center, Display Works in Irvine, and the Pacific City Development project in
Huntington Beach.
Public Improvement projects have included major pipeline and reservoir projects for Irvine Ranch
and Moulton Niguel Water Districts;major road alignment projects including portions of the Eastern
Transportation Corridor,Ramona and Grand Avenues,Chino Hills Parkway,Santiago Canyon Road,
Newport Coast Drive,and portions of Portola Parkway.Public facility buildings include the recently
completed Governor George Deukmejian Courthouse in Long Beach, California.
Mr. Kling has provided geotechnical risk assessment evaluations on a wide range of projects in
eleven states for the construction insurance industry.
Mr. Kling has provided geotechnical review services to many public agencies including San
Clemente, Dana Point, Lake Forest, Fountain Valley and Laguna Beach, and participated in the
coastal bluff study for the City of Encinitas and the geotechnical investigation of the La Ventana
landslide in the Cities of Dana Point and San Clemente.
Mr. Kling has been retained as an expert witness for a wide range of projects within the counties of
San Diego, Orange, San Bernardino, Los Angeles, Ventura, Contra Costa, and Alameda. The
geotechnical issues investigated have included expansive soil reactions, slope stability, settlement,
landslides and groundwater. He has participated and provided testimony in expert depositions,
mediations, arbitrations and trial.
Mr.Kling has served as a technical expert for the Board of Professional Engineers,Land Surveyors
and Geologist for approximately ten years.
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' ' City of Rancho Palos Verdes Public Works Department PN 00146-00
June 9,2015
Mr.Kling has been recognized for his contributions to the geotechnical profession by his election to
the Board of Directors for the California Geotechnical Engineers Association (CalGeo), his
appointment to the Geotechnical Advisory Committee for San Bernardino County, and his
contribution to the Geotechnical Engineer License exam including Standard Setting, Problem
Writing, and Grading. He served as a regular guest speaker on Geotechnical Evaluations for the
overview course on Land Development offered by UCI,and presented a technical paper to the ASCE
3rd Forensic Congress held in San Diego, California in October 2003. Mr. Kling also presented
lectures at the Quality Built Construction Risk Conferences in Denver, CO, 2006, and San Diego,
CA, 2007.
JAMES M. LANCASTER,JR.,P.G., C.E.G.
PRINCIPAL ENGINEERING GEOLOGIST
Mr.James M.Lancaster,Principal Engineering Geologist,is a Professional Geologist and a Certified
Engineering Geologist. He has over 29 years of experience in the geologic and geotechnical fields.
Mr. Lancaster has conducted and overseen geologic, engineering geologic, forensic and
hydrogeologic studies for all phases of projects from planning to construction, for residential,
commercial and public works projects. Projects have included feasibility investigations, due
diligence investigations,Environmental Impact Report investigations,seismic hazard investigations,
fault investigations,landslide investigations,preliminary geotechnical investigations,mass grading,
second and third party review,City review,technical review,and forensic investigations. As part of
these projects,Mr.Lancaster has developed work proposals,schedules and cost estimates,set-up and
managed both field and office phases of the projects and prepared and reviewed technical reports.
He has been the primary City Engineering Geologist for Rancho Palos Verdes since 1998 and the
primary City Engineering Geologist for Palos Verdes Estates since 2001 for all phases of the city's
geologic needs including report review. In addition, he is the primary reviewer for the cities of
Laguna Beach,Seal Beach,Lake Forest,Redondo Beach,Rosemead and Fountain Valley.As part of
his duties at these cities he has reviewed well over a thousand projects and reports for completeness
and code compliance.
His field experience has included field mapping,surface logging of rotary,bucket auger,hollow stem
and core borings, downhole geologic logging of bucket auger borings, downhole geophysical
logging, geologic logging of exploratory trenches, installation of dewatering wells, installation of
inclinometers and the installation of ground water monitoring wells. He has been the project
manager for numerous large scale grading projects with grading in excess of 60 million cubic yards.
His office experience includes background literature reviews, aerial photographic review, data
analysis, report preparation, report review, and training of staff as well as office management
including company budget review and preparation, staff and project management oversight, staff
technical review, and new hire reviews. He is an active member of ICC Orange Empire Chapter.
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• City of Rancho Palos Verdes Public Works Department PN 00146-00
June 9,2015
DANTE P. DOMINGO, P.E.
PRINCIPAL ENGINEER
Mr. Domingo is a Licensed Civil Engineer in the State of California with more than 36 years of
experience in geotechnical engineering. He has been responsible for planning field exploration and
assigning laboratory tests. He both performs and supervises geotechnical engineering design and
analysis including pile foundations, drilled piers, shallow foundation, liquefaction analysis, slope
stability analysis, buttress designs, pavement, settlement analysis, and earth pressure analysis for
retaining walls. He has been involved in designing major reinforced slope,reinforced earth-retaining
structures,subgrade stabilization,and base material reinforcement by incorporating the utilization of
geogrid.
Mr. Domingo has been involved successfully in the project management, technical review, and
project-level report writing of numerous projects including geotechnical work for large hillside and
flat land residential, commercial, and industrial development projects; transportation corridors;
public facilities; and individual residences.His recent projects include: California State University
Long Beach Parking Structure, MacArthur Boulevard Widening Overcrossing 405 Freeway,
Barranca Parkway Extension,Lower Peters Canyon Flood Control Channel,Hicks Canyon Channel
and Oak Creek, Santa Clara; and Baypointe Apartments in Newport Beach.
STEPHEN A. GUERRE, P.G., C.E.G.
ASSOCIATE ENGINEERING GEOLOGIST
Mr. Guerre is a Professional Geologist and a Certified Engineering Geologist in the State of
California.He has more than 29 years experience in the geologic and soils-related field. Mr.Guerre
has managed and been involved in the technical review and analysis aspects for various hillside and
flatland residential and commercial developments, from the preliminary investigative phases to
completion. He has performed feasibility investigations,environmental impact evaluations,grading
plan reviews,field mapping, subsurface logging,landslide and slope stability investigations,large-
scale fault investigations,forensic investigations,and second-and third-party geotechnical reviews
for governing agencies. Mr. Guerre has been actively involved recently in the Brea Redevelopment
Agency Downtown Projects,the Foothill Marketplace commercial center in Rancho Cucamonga,the
Irvine Entertainment Center,the Lakeview Office Building Expansion within Spectrum 3 in the City
of Irvine, the Mossimo Headquarters within Spectrum 4 in the City of Irvine, the San Paulo
Apartment complex in Irvine,Crawford Canyon Road and associated residential developments in the
City of Orange, and the Rivage residential development located in Newport.
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' City of Rancho Palos Verdes Public Works Department PN 00146-00
June 9,2015
HANS TOLKSDORF, P.E.
SENIOR ENGINEER
Mr. Tolksdorf is a Registered Civil Engineer in the State of California with over 8 years of
experience in geotechnical and civil engineering. His technical background in geotechnical
engineering design and analysis includes conventional shallow foundations, pile foundations,
liquefaction analysis, slope stability analysis, settlement analysis, and lateral earth pressure.
Attention to detail and hands-on field experience contribute to his flexibility in developing safe and
economical solutions in design. He applies construction experience toward a practical approach in
developing solutions for complex civil engineering and infrastructure related issues.
Hans is a senior engineer with Kling Consulting Group. As part of the team, he excels in project
management, technical review, and report development. His projects have included residential,
commercial, and public works development. He is a team leader with a positive attitude producing
quality results.Hans has also worked on large scale projects for earth dams across the United States
with the Army Corps of Engineers. Additionally, he worked overseas in Afghanistan during
Operation Enduring Freedom to establish geotechnical soil laboratories and provide training to lab
technicians throughout the southern half of the country. He authored the first certification for a
concrete batch plant and rock quarry in Southern Afghanistan.
CAPABILITY TO PERFORM REQUIRED TASKS
We at KCG are always looking for new opportunities to expand our services that we can offer and
new experience in areas. Our licensed and staff engineers and geologists are ready to respond to new
project challenges. The City of Rancho Palos Verdes,with its complex geological and geotechnical
environment, offers several challenges and unique opportunities to solve complicated engineering
problems facing the City of Rancho Palos Verdes' infrastructure.
With the number of licensed experienced professionals on staff, KCG will have a qualified
professional available to participate in the geotechnical evaluation and design process, attend and
give presentations to city meetings, and act as the City geologic and geotechnical engineering
representative.
INSURANCE AND INDEMIFICATIONS
Our firm will provide all necessary insurance and indemnifications as is currently constituted in our
existing contract with the City of Rancho Palos Verdes.
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' City of Rancho Palos Verdes Public Works Department PN 00146-00
June 9, 2015
CLOSURE
We appreciate this opportunity to submit our proposal for Engineering Geology and Geotechnical
Engineering Services for the City of Rancho Palos Verdes Public Works Department. If you have
any questions regarding this Statement of Qualifications,please do not hesitate to contact our office.
Respectfully submitted,
KLING CONSULTING GROUP
i
-.-4-e-ie ir,/
.1,, es M. Lancaster, C.E.G.
Principal Engineerin:rologist
JML:dmj
Enclosures: 2014/2015 Fee Schedule
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City of Rancho Palos Verdes Public Works Department PN 00146-00
June 9, 2015
«A99
SCHEDULE OF FEES
2014/2015
Professional Service Fees:
Executive Principal Engineer or Geologist $200.00/hr.
Principal Engineer or Geologist $185.00/hr.
Associate Engineer or Geologist $165.00/hr.
Senior Project Engineer or Geologist $145.00/hr.
Project Engineer or Geologist $135.00/hr.
Senior Engineer or Geologist $125.00/hr.
Senior Staff Engineer or Geologist $110.00/hr.
Staff Engineer or Geologist $100.00/hr.
*Supervisory Engineering Technician $105.00/hr.
*Senior Engineering Technician $95.00/hr.
*Engineering Technician $82.00/hr.
*Technician Assistant $65.00/hr.
*Special Inspection $55.00/hr.
CADD Technician $85.00/hr.
Word Processing $55.00/hr.
Administrative Support $50.00/hr.
*Does not include projects subject to prevailing wage. Prevailing wage rates
will be determined on a project by project basis.
Litigation Fees:
Expert witness testimony is charged at$400.00/Hr.
Other Expenses:
(a) Normal field equipment such as nuclear gauge,sand cone,compaction check point and sampling equipment are
included in the hourly rates above.
(b) Digital Imaging handling,processing and storage fee charged at$20.00 for first 50 images and$20.00 for each
50 images thereafter. Digital image reproduction charged at$2.00 per page for plain paper and cost plus 20
percent for photo quality color images.
(c) In-house reproduction expenses are charged at$0.15 per B/W sheet and$0.25 per color sheet.
(d) Gas/Oxygen Meter is charged at$80.00/day.
(e) Inclinometer and asphalt/concrete coring equipment is charged at$80.00/day. Asphalt/Concrete cores will also
be subject to a$2.00 per core charge for cores up to 12 inches in length.
(0 Laboratory samples will be held for 30 days from date of report. A storage fee will be assessed if longer storage
is requested by the client in writing.
(g) Special Inspection,including Deputy Inspection of concrete,welding,structural steel,roofing,fire proofing,etc.
are charged at a 4 hour minimum. All observations based on a minimum of 4 hours and over 4 hours-8 hour
minimum.
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' • City of Rancho Palos Verdes Public Works Department PN 00146-00
June 9,2015
Outside Expenses:
Outside services performed by others and direct costs incurred on the Client's behalf are invoiced at cost plus 15 percent.
These expenses include rental of heavy equipment(i.e.,drill rigs,bulldozers,backhoes,cranes,etc.),travel and subsistence,
permits,photographs,reproduction costs,expendable items,etc.
Other Charges:
The minimum charge for field inspection will be two hours. Overtime for technical and clerical staff will be charged at 1.4
times the hourly rate for work in excess of 8 hours on weekdays,work before 7 a.m.or after 5 p.m.,and all Saturdays.
Work performed on Sundays and holidays will be charged at 1.75 times the hourly rate.
Travel Time:
Travel time required to provide professional or technical services will be charged at the appropriate rates.
Terms of Payment:
Invoices rendered for professional services are due upon presentation. A service charge of 0.5 percent per month may be
charged on accounts not paid within 30 days to cover additional processing and carrying costs. In the event Client fails to
pay any invoice to Kling Consulting Group, Inc. when due, KCG may immediately cease work hereunder until said
payment,together with a service charge at the rate of six percent(6%)per annum(but not exceeding the maximum allowed
by law)from the due date,has been received. Further,KCG may at its sole option and discretion refuse to perform any
further work irrespective of payment from Client in the event Client fails to pay KCG for services rendered when said
payments are due. Any attorney's fees or other costs incurred in collecting any delinquent account will be paid by the
Client.
Prepayments:
A retainer of 50 percent of the total fee is required for projects with a total of$2,500.00 or less. The balance of the fee must
be paid at the time the report is released to the Client.
For all field studies,30 percent of the authorized fee will be invoiced immediately upon authorization to cover mobilization
and heavy equipment costs.
Invoices:
Invoices will be provided periodically and will be formatted according to the fee categories set forth above.
Professional Limitations:
We intend to perform our services within industry standards;however,the total liability of Kling Consulting Group,Inc.,its
officers,agents,employees,or successors to the client,arising out of or in connection with services provided,shall not
exceed the invoiced amount for the services provided. This limit of Liability shall supersede all clauses to the contrary,
implied or otherwise,in any client purchase order or contract,unless different terms are authorized in advance,in writing,
by an officer of the company. This agreement shall not create any rights or benefits to parties other than the Client and the
Consultant,except such other rights as may be specifically called for herein.
Client and Kling Consulting Group,Inc.agree to allocate certain of the risks so that,to the fullest extent permitted by law,
Kling Consulting Group, Inc.'s total liability to Client is limited to$50,000.00 or Kling Consulting Group, Inc.'s fee,
whichever is greater,for any and all injuries,damages,claims,losses,expenses,or claim expenses(including attorney's
fees) arising out of this Agreement from any cause or causes. Such causes included, but are not limited to, Kling
Consulting Group,Inc.'s negligence,errors,omissions,strict liability,breach of contract,or breach of warranty. Client
understands that dollar limits higher than that indicated above are available. If client wishes to discuss these other limits
and their impact on Kling Consulting Group,Inc.'s fee,client should contact Kling Consulting Group,Inc.
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