John M Cruikshank Consultants (2012) i •
PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
This Agreement is made and entered into this 1st day of May, 2012 by and between
the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and John M.
Cruikshank Consultants, Inc., (hereafter referred to as "CONSULTANT").
WHEREAS, the City has awarded a construction contract to Sancon Engineering
Inc. for the purpose of rehabilitating existing storm drains; and
WHEREAS, the City requires services of a consultant to provide GPS mapping and
documentation services of the construction work.
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto
mutually agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as follows:
2012 Storm Drain Rehabilitation and Lining Project.
1.2 Description of Services
CONSULTANT shall provide construction inspection services as described
in CITY's Request For Proposals, which is attached hereto as Exhibit "A" and
incorporated herein by this reference, excluding inspection tasks, and in
CONSULTANT's Proposal, which is attached hereto as Exhibit "B" and incorporated
herein by this reference, excluding Exhibit 1.
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.
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ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT an amount not to exceed twenty-
four thousand seven hundred and seventy-eight dollars($24,778)for services provided as
described in Article 1.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
John M. Cruikshank Consultants, Inc.
411 N. Harbor Boulevard, Suite 201
San Pedro, CA 90731
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of 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 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 CITY then CITY
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.
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 "B." The rates in Exhibit "B" shall be in effect through the end of this
Agreement or December 31, 2012, whichever occurs first.
2.5 Term of Agreement
This Agreement shall commence on May 1, 2012 and shall terminate on
December 31, 2012, unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
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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, 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), 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 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.
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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: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 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.
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 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.
CONSULTANT agrees that it will not cancel or reduce said insurance coverage.
(b) 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.
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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 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 the CITY upon thirty(30)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 6.14.
(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, 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
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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 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 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 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.
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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 seq.).
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. 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 "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.
6.6 Legal Action
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(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.
6.7 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
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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
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
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
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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:
To CITY:
Tom Odom, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
John M. Cruikshank, Principle Civil Engineer
Address: 411 N. Harbor Boulevard, Suite 201
San Pedro, CA 90731
[Signatures on next page.]
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the
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date and year first above written.
Dated: 5F4 [(V JOHN M. CRUIKSHANK CONSULTANTS, INC.
By:
Printed Nam
Title: CtO
By:
Printed Name:
Title:
Dated: s//S//D_— CITY OF RANCHO PALOS VERDES
A Municipal orporation
BY:
MAYOR
ATTEST:
CITY CLERK
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Exhibit "A":
City's Request For Proposals
Exhibit"A"
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2012 STORM DRAIN REHABILITATION AND LINING PROJECT
CONSTRUCTION INSPECTION AND MAPPING SERVICES
Project Description
Installation of lining in approximately 6,000 linear feet of storm drain pipe,point
repairs, invert rehabilitation, cleaning, video inspection,potential for installation of
ancillary drainage structures such catch basins and manholes,providing signage and
traffic control. Actual lengths and quantities are to be confirmed by Contractor and
approved by Engineer prior to ordering any materials.
Project Schedule
Project is scheduled to begin in May 2012 and conclude in July 2012. There are 90
calendar days in the construction contract.
Scope of Work:
Inspection
• Understand the scope of work, construction documents and permitting
requirements;
• Provide daily report of weather conditions, construction activities, personnel
and equipment(see project specifications);
• Log and collect data generated by CCTV inspections, installation and curing
procedures;
• Provide inspection of cleaning, CCTV Inspections, invert repairs, installation
and curing of concrete invert paving and cured-in-place pipe lining,point
repairs and installation of ancillary structures as required;
• Record material types, method of construction, diameter and lengths of pipe
sections receiving cleaning and lining for payment purposes;
• Ensure compliance of construction activities with specifications and
encroachment permits (including traffic control and NPDES requirements);
• Effectively communicate with City and Contractor(written and orally).
Mapping
• Develop asset mapping program for storm drains and ancillary structures
identified as part of this project;
• Provide GPS handheld mapping device and software (see hardware
specifications);
• Provide field laptop (see hardware specification);
• Perform asset map data collection(map points) of storm drain system inlets,
outlets and other ancillary structures identified in the project;
• Geo-reference project data(video, dailies, inspection reports, etc)to asset map
data;
• Provide QA/QC and post-processing of mapping data and prepare export files.
Deliverables
• Log of daily activity, inspector's report, material tickets, etc;
• Mapping hardware (laptop and handheld) and software (single user license to
City);
• Geo-referenced asset dataset in a format compatible with the City's GIS database
and LA County GIS standards.
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Exhibit "B":
Consultant's Proposal and Schedule of Hourly Rates
Exhibit"B"
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JIMC2
16
April 18, 2012
City of Rancho Palos Verdes
Attn: Mr. Andy Winje, PE
Associate Engineer
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
P: 310.544.5249
F:310.544.5292
E: andywarov.com
Re: Proposal for Civil Engineering Services for the 2012 Storm Drain Rehabilitation
Inspection and Mapping Project- Rancho Palos Verdes, Los Angeles County, CA
John M. Cruikshank Consultants, Inc. (JMC2) is pleased to be providing the City of Rancho Palos
Verdes (client) with civil engineering services for the subject project. JMC2 looks forward to
providing you with timely, professional, and cost-effective services for this critical project. The
following proposal contains our scope of services and fee.
Project Needs
As discussed by phone, the City of Rancho Palos Verdes (City) is preparing to award a storm drain
lining project soon for approximately 6,000 linear feet of storm drain pipe, point repairs, invert
rehabilitation, cleaning, video inspection, ancillary drainage structures, signage, and traffic control.
Work will begin in early to mid-May and last about three months (90 calendar days). The City is
looking for project mapping and documentation services.
References:
• Client email dated 3/30/12 and 4/17/12 with attachments.
• Phone discussion with client 4/15/12.
• Isaiah Mack (California surveying & drafting supply) (CSDSINC) email to Client dated 2/29/2012
with attachments.
Scope of Services
Mapping
JMC 's Construction Observer, Van Nguyen, under the guidance of our Project Manager, Lee
Johnson, PE, will provide the following mapping services:
• Develop asset mapping program for storm drains and ancillary structures identified as part
of this project;
• Perform asset map data collection (map points) of storm drain system inlets, outlets and
other ancillary structures identified in the project;
• Geo-reference project data (video, dailies, inspection reports, etc) to asset map data;
• Provide QA/QC and post-processing of mapping data and prepare export files.
John M. Cruikshank Consultants, Inc.
Tel:310-241-6550 Fax:310-320-8871 411 N.Harbor Boulevard,Suite 201,San Pedro,CA 90731 www.jmc-2.coni
JINAG2 2012 Storm Drain Rehabilitation Inspection
City of Rancho Palos Verdes
• Provide GPS handheld mapping device and software (per hardware specifications);
• Provide field laptop—(per hardware specifications).
Hardware&Software Provide by JMC2:
• GeoExplorer XH Handheld 6000 Series with Floodlight and GLONASS(Per CSDSINC email)
• TerraSync(TS)and Pathfinder Office(PFO)Software bundle(Per CSDS INC email)
• Field laptop Per client specifications(Per client email)
• ESRI-ArcGIS 10 desktop basic software(single user)
Assumptions/conditions:
1. JMC2 provide Client with a GPS handheld mapping device, GIS software,and field laptop per
hardware specifications.
2. Prices quoted below are for the work as stated in the"Scope of Services"portion of this
proposal. Any project scope modifications may require additional fees as outlined in the
attached fee schedule.
3. JMC2 will be pleased to also provide the following services,which are not presently included in
this proposal:hydrology/hydraulics report,site demolition plans, grading and drainage plans,
utility plans, horizontal control plans, retaining wall plans, surveying,tentative or final tract
mapping,sewer and/or storm water pump designs,standard urban storm water mitigation plan
(SUSMP),storm water pollution prevention plan (SW PPP), erosion control plans,building sub-
drain connections,street improvement/lighting plans,traffic plans,signing and striping plans,
specifications,cost estimates, construction administration services,or any other surveying and/or
civil engineering services.
4. After a 60 day period from the date of this proposal,JMC2 reserves the right to review and revise
the fees shown in the investment portion and Exhibit 2—3.
SATISFACTION SQUARED
JMC2 is completely dedicated to client satisfaction from the initial contact through and beyond project
completion. From the outset we listen to clients' needs and create custom solutions specifically for
optimum, cost-effective design. During the project design stage we keep clients informed with
diligent communication of status and issues that affect the project. At completion, we survey clients'
input regarding our performance on many different project elements. All of this ensures each client a
project that is on-time and in-budget.
FEES
The fees to provide the above scope of services are:
Mapping $ 12,565.00
Hardware&Software $ 12,213.00 (Estimate)
Total Fees $24,778.00
2
3]� 2012 Storm Drain Rehabilitation Inspection
City of Rancho Palos Verdes
This total fee for the scope of work described in this proposal, does not include reimbursable
expenses, any applicable governmental fees, title company charges, well monuments, any sales or
use tax, or other services requested by you or governmental agencies. Professional fees shall be
billed monthly as they are incurred. Invoices shall be considered due and payable thirty-(30) days
from invoice date. All zoning information, proof of ownership, and project communications will be
provided to JMC2.
Please indicate that you have read this proposal, as well as Exhibits 1 -3, by signing this letter where
indicated below and initializing in the spaces provided in Exhibit 1. By doing so,you indicate that you
fully accept the scope of work as well as all sections of the Exhibits.
John M. Cruikshank Consultants, Inc. (JMC2) looks forward to providing the City of Rancho Palos
Verdes with the engineering services required. Should you have any questions regarding this
proposal, please contact John Cruikshank, Principal Civil Engineer,at 310.241.6550 x228.
Regards,
John M.Cruikshank Consultants, Inc.
John M. Cruikshank, PE (RCE C50792)
Principal Civil Engineer
Attachments: Exhibit 1 --Conditions, Exhibit 2&3 - Fee Schedules
Date:
Signature:
Client Name:
Company Name:
Billing Address:
City,State, Zipcode:
Contact Telephone:
Email:
T
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JN cY 2012 Storm Drain Rehabilitation Inspection
City of Rancho Palos Verdes
Exhibit 1
CONDITIONS
Limitation of Liability(LOL)
The Client agrees to limit the liability of JMC2, its principals and employees, to client and to all
contractors and subcontractors on the project,for any claim or action arising in tort or contract,to the
sum of $50,000 or consultant's fee, whichever is greater. However, if consultant's fee exceeds
$250,000, liability to client and to all contractors and subcontractors shall not exceed$250,000.
Permit of Entry
On private property, the client will provide for right-of-entry for JMC2 and an other personnel and
equipment necessary to complete the work. On public right-of-ways, JMC will obtain necessary
permits for right-of-entry permits. On private property, the client agrees to indemnify and hold JMC
harmless from any damages so caused by the performance of any work on the property unless
caused by the gross negligence or willful misconduct of JMC2or its personnel.
Indemnification
The Client agrees to indemnify, hold harmless and defend the Consultant from and against any and
all claims, liabilities, suits,demands, losses,costs and expenses, including but not limited to, attorney
fees accruing or resulting from any and all persons, including but not limited to death, arising out of
the performance or non-performance of obligations under this agreement, except that portion of the
total of such loss or liability for the loss or damage found by a court or forum of competent jurisdiction
to be attributable to the sole negligent or willful errors or omissions of the Consultant.
Invoices(Please insert initials here )
JMC2 will submit invoices as stated in the proposal, or periodically. A final invoice will be submitted at
the submittal of the final plans. Invoice terms are NET 30 days. A compounded service charge of
1.5% per month will be added to all accounts after 30 days and will increase to 2.5%per month after
90 days. Any Collection Agency and legal fees associated with the project will be paid for by the
Client.
Insurance
JMC2 represents and warrants that it shall maintain in force during that period services are under this
Agreement are provided,Workers Compensation insurance as required by Law and Comprehensive
General Liability insurance with aggregate limits of $1,000,000. Costs of special insurance, if
available, requested by the client, including, but not limited to, an increase in policy limits and naming
of additional insured parties on policies of JMC2 will be charged at cost plus 15%. Evidence of the
existence of the above-named insurance, on forms acceptable to the insurer, will be provided to
Client upon request in writing.
Standard of Care
Services rendered by JMC2 under this agreement will be performed in a manner similar with the level
and care exercised by members of the same profession performing the same services at the same
time and under the same working conditions.
Oral Contracts
All contracts or agreements shall be in writing. There shall be no oral agreements or contracts. In
the event any agreement or contract is in dispute, this contract shall supersede any other oral
contract or agreement.
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2012 Storm Drain Rehabilitation Inspection
City of Rancho Palos Verdes
Underground Utilities
Client is aware that subsurface and surface conditions may vary from those encountered where
JMC22 perfoms their investigations and that conclusions are based solely upon the data obtained by
JMC2. JMC2will not be responsible for interpretations by others from the data obtained. All data
obtained during the investigation are subject to confirmation during construction. Client warrants that
allinformatio , plans, location ofunderground utilities, studies, or other materials supplied by the
Client to JMC2for use in completing JMC2's services are accurate, complete, and sufficient for use
by JMC2.
Disputes(Please insert initials here )
In the event a dispute arises relating to the performance of the services provided under this
Agreement, and should that dispute result in litigation, it is agreed the prevailing party will be entitled
to recover all costs incurred in connection with such dispute, including time consistent with the rate in
the prevailing party's Fee Schedule in effect at the time.
Corporate Protection
The Client agrees to limit any action against the Consultant to the Consultant's entity and not to
initiate any legal action against the individual principals, partners, officers, directors or employees of
the Consulting Entity.
Full Services
All Consultants whether hired by the Client or the Consultant, shall perform full services for this
project, including full Construction Administration and shall specify the building materials and details
to be used in the project construction.Any element to be procured in a"design-build"fashion through
the General Contractor, such as curtain wall, are to be reviewed and approved by the Consultant
and/or other appropriate consultants.
Experienced Contractor
A contractor with demonstrated experience in completing this type,size and height of project shall be
hired to construct the Project.
Substitutions
The Consultant shall have the authority to reject any substitution proposed by the Contractor which is
inconsistent with the design intent of the Construction Documents.
Additional Insurance Expenses
If a Specific Project Professional Liability Insurance Policy is not or cannot be provided for this project
by the Client, an additional one-time Risk Management fee shall be paid to the Consultant to cover
the increase in the Consultants Professional Liability Policy premium.
WRAP Insurance Deductible Obligation
The Consultant will not be required to participate in any deductible payments that may be incurred
due to claims made against the General Liability WRAP policy.
Incremental Billing
JMC2 bills in one-half (1/2 ) increments so any time up to 30 minutes shall be billed as a full 30
minutes(i.e.,45 minutes of labor shall be billed as one (1)full hour).
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2012 Storm Drain Rehabilitation Inspection
City of Rancho Palos Verdes
Exhibit 2
AVIC2 ENGINEERING
FEE SCHEDULE
Effective January 2012
Classification-Engineers Hourly Rate
Expert Witness $ 310.00
Principal $ 235.00
Officer/Vice President $ 205.00
Director of Operations
Project Manager `
Project Engineer $ 145.00
Engineer III(Sr.Design Engineer) • $ 130.00
Engineer II(Designer/Design Engineer) $ 120.00
Engineer I(Designer/Design Engineer) $ 105.00
Construction Observer 85:D
Classification--Miscellaneous Hourly Rate
Accountant $ 80.00
Bookkeeper $ 70.00
Clerical $ 60.00
Reimbursable Expenses Per Unit Charge
In-house large format copy service $3.50/print
In-house black and white plots $25/plot
In-house color plots $50/plot
Color Copies $0.50/page
Black&White Copies $0.10/page
Outside printing/media services Cost+15%
Travel:Air Fare,Car Rental,Meals,Lodging Cost+15%
Company Vehicle Maximum allowed by IRS
Long Distance Telephone Calls Cost+15%
FAX $0.50/page
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JIB 2012 Storm Drain Rehabilitation Inspection
City of Rancho Palos Verdes
Exhibit 3
SMC2 SURVEYING
FEE SCHEDULE
Effective January 2012
Field Survey Party(4 hrs.Minimum Charge) Hourly Rate
One Person Party $ 130.00
Two Person Party $ 200.00
Three Person Party $ 275.00
Scanning HDS Field Survey Party(4 hrs.Minimum Charge) Hourly Rate
One Person Party $ 145.00
Two Person Party $ 230.00
Three Person Party $ 305.00
Office/Field Management&Engineering Services Hourly Rate
Principal $ 235.00
Director of Operations $ 175.00
Surveyor Manager $ 165.00
Chief of Parties Field Supervisor $ 130.00
Project Surveyor $ 105.00
Assistant Project Surveyor $ 85.00
Office CADD&Administration Services Hourly Rate
CADD Technician $ 105.00
Project Assistant/Researcher $ 85.00
Administration $ 60.00
Expert Witness Testimony,Depositions,Field Inspection $ 310.00
Field Party Overtime Rates and Travel Time Rates: The above schedule is for straight time only. Overtime
will be charge at 145 percent of the standard hourly rate. Weekends, holidays, and overtime hours after 12
hours in one shift will be charged at 180 percent of the standard hourly rate.
Reimbursable Costs: Reimbursable (plots, reproductions, messenger, consultants and next day service)
charged at cost plus 15 percent.
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