Goffman, McCormick & Urban Inc (GMU) AGREEMENT
FOR PROFESSIONAL SERVICES
' of
THIS AGREEMENT is made and entered into as of this day March 2005,
by and between the City of Rancho Palos Verdes, a municipal corporation, hereinafter
designated as "City", and Goffman, McCormick & Urban (GMU), Inc., hereinafter
designated "Consultant."
RECITALS
A. City desires to utilize the services of Consultant's employees, Mr. Patrick
Jenks and Mr. Greg Silver, to be members of the Geotechnical Board of Appeals (the
"Board") that will provide City with independent third-party review of certain conflicting
geological and/or geotechnical data that has been prepared in connection with
proposed projects within the City. The stated purpose of the Board is to hear appeals
from the determinations of the City's geotechnical consultant as to whether or not, by
reason of geologic or soils conditions, a building site or proposed grading work is
unsafe, or one or more geologic or soils reports are required before the safety of such
site or work can be determined, and to review the adequacy of geological and soils
reports.
B. Consultant represents that Mr. Jenks and Mr. Silver are qualified to
perform such services by virtue of their experience, training, education and expertise.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
1
1. Services.
1.1 Scope and Level of Services. Subject to the terms and conditions set forth
in this Agreement and the provisions of Chapter 2.40 "Geotechnical Board_of Appeals"
of the Rancho Palos Verdes Municipal Code, which is attached hereto as Exhibit 'A' and
made a part hereof by this reference, Consultant has been requeste-d to provide
independent third-party review of certain conflicting geological and/or geotechnical data
that has been prepared in connection with proposed projects within the City and to
resolve disagreements between geological and geotechnical experts. Mr. Jenks and
Mr. Silver are the individuals who are assigned by Consultant to be its representatives
in connection with this Agreement and the work that Consultant will perform.
1.2 City Representative. For the purposes of this Agreement, the City
Representative shall be the Director of Planning Building and Code Enforcement (the
"Director"), or such other person designated in writing by the Director (the "City
Representative"). The Director shall designate the experts who will serve on the panel
for aparticular project, as set forth in Section 2.40.020 of the Rancho Palos Verdes
Municipal Code.
1.3 Time for Performance. Consultant shall commence the services under this
Agreement immediately upon receipt of a written request for such services from the City
Representative and shall perform all services with reasonable diligence.
1.4 Impartial Review. Consultant hereby acknowledges and agrees that
although Cityhas retained Consultant, Consultant is charged with providing an impartial
analysis of the geological and geotechnical data related to particular projects and to
resolve disagreements between geological and geotechnical experts. Consultant
2
•
further acknowledges and agrees that Consultant shall not, either individually or with
other members of the Board, meet privately with either the City, its geologists or its
geotechnical engineers; the applicant, its geologists or its geotechnical engineers; or
with any other person or entity who has an interest in the particular project. Nothing in
this provision shall be construed to prohibit members of the Board from meeting with
one another privately to discuss the geological and geotechnical data.
2. Term. This Agreement shall commence on March 2005 (the "Effective
Date"), and shall continue in full force and effect until terminated by either of the parties
hereto in accordance with the provisions of Section 11 of this Agreement.
3. Compensation. City shall pay Consultant at the hourly rates that are specified
in Exhibit 'B' to this Agreement, which is attached hereto and incorporated herein by this
reference, for all services provided under this Agreement. Consultant hereby
acknowledges and agrees that City shall pay Consultant's compensation under this
Agreement solely from funds that have been deposited with City and are held in trust for
this purpose. City shall not withhold applicable federal or state payroll or other required
taxes, or other authorized deductions from each payment made to Consultant.
4. Method of Payment.
4.1 Invoices. Consultant shall submit to City invoices for all services performed
pursuant to this Agreement during the preceding month. The invoices shall describe the
services rendered during the period and shall show the number of hours worked, and
the services that were performed.
3
P
4.2 City shall review such invoices and shall notify Consultant in writing of any
disputed amounts. City shall pay all undisputed portions of the invoice within thirty (30)
calendar days after receipt of the invoice.
5. Standard of Performance. Consultant shall perform all services under this
Agreement in accordance with the standard of care generally exercised by like
professionals under similar circumstances.
6. Status as Independent Contractor. Consultant is, and shall at all times remain
as to City, a wholly independent contractor. 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. Neither City nor any of its agents shall have control over the conduct of
Consultant or any of Consultant's employees, except as set forth in this Agreement.
Consultant shall not, at any time, or in any manner, represent that Consultant or any of
its agents or employees are in any manner the agents or employees of City. Consultant
agrees to pay all required taxes on payments City makes to Consultant for services
provided pursuant to this Agreement. Consultant shall fully comply with the workers'
compensation laws regarding Consultant and Consultant's employees. Consultant
agrees to indemnify and hold City harmless from any failure of Consultant to comply
with applicable workers' compensation laws.
7. Ownership of Work Product. All reports, documents or other material
developed by Consultant in the performance of this Agreement shall be and remain the
property of City without restriction or limitation upon their use. Such material shall not
be the subject of a copyright application by Consultant.
4
8. Hold Harmless. City acknowledges that Consultant is being retained to serve
on a Board to resolve differences between geological/ geotechnical experts, that the
Board is providing impartial analysis and recommendations based on their combined
professional judgment and are not preparing geotechnical designs for any future
structures on properties or insuring that the stability is sufficient to safely support such
structures. Accordingly, City hereby covenants and agrees to hold Consultant harmless
from liability for any advice, opinions, conclusions or recommendations made by
Consultant pursuant to this Agreement.
9. Conflict of Interest. Consultant and its employees will comply with all conflict of
interest statutes of the State of California applicable to Consultant's services under this
agreement, including, but not limited to, the Political Reform Act (Government Code
Sections 81000, et seq.) and Government Code Section 1090. During the term of this
Agreement, Consultant and its employees shall not perform work for another person or
entity for whom Consultant is not currently performing work (including, without limitation,
any person or entity that is affiliated with or related to the applicant or the appellant) that
would require Consultant or one of its employees to abstain from a decision under this
Agreement pursuant to a conflict of interest statute.
10. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall
render any reasonable assistance and cooperation that City might require. The time
required from Consultant to assist City shall be remunerated by City in accordance with
Section 3.
5
11. Termination. City shall have the right to terminate this Agreement for any
reason on fifteen (15) calendar day's written notice to Consultant. Consultant shall have
the right to terminate this Agreement for any reason on thirty (30) calendar day's written
notice to City. Consultant shall be paid for services satisfactorily rendered to the last
working day the Agreement is in effect, and Consultant shall have no other claim
against City by reason of such termination.
12. Notices. Any notices, bills, invoices, or reports 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 and City's regular
business hours or by facsimile before Consultant's regular business hours; or (b) on the
third business day following deposit in the United States mail, postage prepaid, to the
addresses heretofore set forth in the Agreement, or to such other addresses as the
parties may, from time to time, designate in writing pursuant to the provisions of this
section.
If to City: Director of Planning, Building and Code Enforcement
ck Kit Fox, Senior Planner
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
If to Consultant: GMU, Inc.
Patrick J. Jenks
23241 Arroyo Vista
Rancho Santa Margarita, CA 92688
13. Non-Discrimination and Equal Employment Opportunity. In the performance
of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
6
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
14. Non-Assignability; Subcontracting. Consultant shall not assign or.subcontract
all or any portion of this Agreement without the written permission of City. Any
attempted or purported assignment or sub-contracting by Consultant shall-be null, void
and of no effect. However, this Section shall not prevent Consultant from having other
employees at GMU, Inc. perform certain work pursuant to this Agreement under Mr.
Jenks' and Mr. Silver's supervision and direction.
15. Compliance with Laws. Consultant shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations.
16. 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.
17. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including reasonable attorney's fees.
7
18. Insurance. During the term of this Agreement, Consultant shall maintain in
effect automobile insurance in accordance with the requirements of California State law.
19. Entire Agreement. This Agreement, and any other documents incorporated
herein by specific reference, represents the entire and integrated agreement between
Consultant and City. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any
provision or breach hereof waived, except in a writing signed by the parties to this
Agreement.
20. Section Headings. The section and subsection headings used herein are for
reference and convenience only and shall not be used in any manner in the
interpretation hereof.
8
., h
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF RANCHO PALOS VERDES
By: i
City Manager
ATTEST:
By:
---2gh --)City Clerk
Goffman, McCormick & Urban, Inc.
"CONSULTANT'
‘:\ \
i kj?,
By: �� ddr,
(n. ;
.
Exhibit 'A'
RPVMC Chapter 2.40
GEOTECHNICAL BOARD OF APPEALS
Sections:
2.40.010 Created.
2.40.020 Members.
2.40.030 Meetings.
2.40.040 Record of Board Actions.
2.40.050 Compensation.
2.40.060 Quorum.
2.40.070 Procedure.
2.40.010 Created.
A geotechnical board of appeals is created and established to hear appeals from
the determinations of the city engineer or the city geologist as to whether or not, by
reason of geologic or soils conditions, a building site or proposed grading work is safe
or unsafe; a geologic or soils report is required before the safety of such site or work
can be determined, or to resolve a dispute between two or more geotechnical engineers
or geologists about the geologic conditions that are present on a particular site or the
actions that a project applicant must take to address the site conditions as part of the
development of the proposed project. Such geotechnical board of appeals is
hereinafter in this chapter referred to as the board. The board shall serve as a board of
review of the adequacy of geological and soils reports and shall provide for
interpretations of data, opinions, conclusions or any one or more thereof contained in
such reports. As an alternative to the process established by this chapter, the City
Council may appoint a panel of geotechnical experts to address significant and ongoing
geologic issues that affect just a particular property.
2.40.020 Members.
The board shall consist of three members and two alternates who shall be
appointed by a majority of the entire city council and who shall serve at the pleasure of
the city council. Two of the members and one alternate shall be qualified by education,
state registration, training, experience and prominence in the field of engineering
geology, and one regular member and one alternate shall be qualified by education and
state registration as civil engineers, and by training, experience and prominence in the
field of soils engineering. The term of office for each board member and alternate is
four years, and shall continue thereafter until a qualified successor has been appointed
by the city council. Should any vacancy exist on the board, an appointment shall be
made in like manner for the unexpired portion of the term. The director of planning,
building and code enforcement, in consultation with the city attorney, shall designate the
three members of the panel that will address a particular appeal as follows: at least one
of the panel members shall be qualified by education, state registration, training,
experience and prominence in the field of engineering geology, and at least one panel
10
•
member shall be qualified by education and state registration as a civil engineer, and by
training, experience and prominence in the field of soils engineering. After consulting
with the two members of the panel from each of the aforementioned disciplines and the
city attorney, the director shall designate the third member of the panel from the
discipline that is most relevant to the issues that were raised by the appeal. No two
members of any panel shall be affiliated with each other, and no panel member shall be
affiliated with any of the parties to the appeal or any of their experts. The director's
decision regarding the members of each panel shall be final.
2.40.030 Meetings.
The board shall hold at least one regular meeting during each calendar year at
such time and place as is designated in the rules and regulations of the board. Special
meetings may be called by the chairperson or by a majority of the board. If any regular
member is absent from any meeting or, by reason of disqualification or otherwise, does
not participate in a particular case, the alternate member shall serve in his or her place
at such meeting and in such case shall be deemed a regular member.
2.40.040 Record of Board Actions.
The director of planning, building, and code enforcement, or his or her designee,
shall act as the secretary of the board. The board may adopt rules and regulations for
the transaction of its business and shall keep a record of all its resolutions, actions,
findings and determinations. Minutes, resolutions, and official records shall be filed with
the city clerk.
2.40.050 Compensation.
Each member of the board shall receive compensation to review reports that
have been prepared regarding particular projects and to attend meetings of the board at
the hourly rate that said member typically charges to perform similar work for its clients,
which shall be set forth as an exhibit to the board member's agreement with the city.
The rates to perform work as a board member shall be within a reasonable range of
rates that are typically charged by other experts in the particular discipline. Board
members shall be reimbursed for transportation and meals pursuant to the same policy
guidelines that are applicable to city employees. Invoices for work performed and
allowable expenditures shall be submitted monthly for the preceding month and shall be
supported by adequate documentation, as determined by the director of finance or his
or her designee. Undisputed invoices shall be paid within thirty calendar days of
receipt.
2.40.060 Quorum.
A quorum shall consist of three members of the board. A majority vote of the
members of the board shall be required for board action.
11
•
2.40.070 Procedure.
A. Appeal. An appeal may be filed by any person dissatisfied with a decision
or decisions of the city engineer or city geologist as to whether or not, by reason of
geologic or soils conditions, a building site or grading work is safe or unsafe; a geologic
or soils report is required before the safety of such site or work can be determined, or to
resolve a dispute between two or more geotechnical engineers or geologists about the
geologic conditions that are present on a particular site or the actions that a project
applicant must take to address the site conditions as part of the development of the
proposed project. Such appeal shall be filed in writing with the secretary of the board
within thirty days after the date of the city engineer's or city geologist's decision and
must be supported by a written opinion or letter from a geotechnical engineer or an
engineering geologist, which must be submitted to the secretary concurrently with the
appeal. At the time of filing the appeal, the appellant shall pay the filing fee established
by resolution of the city council and shall deposit funds to be held in trust by the city, as
estimated by city staff, to pay for the full cost of having the board review the disputed
decision. Appellant shall deposit such additional amounts to be held in trust, following
written notice from city staff that additional funds are necessary to pay for the full cost of
having the board review the disputed decision.
B. The form and notice of the appeal shall include the name and address of
appellant, the street address or legal description and location of the premises covered
by the appeal, and a statement of the grounds of the appeal or how there is an error in
the decision being appealed.
C. Hearing. Upon accepting a notice of a complete appeal, the secretary of
the board shall set the matter for consideration before the board not more than ninety
days after the acceptance of the notice of appeal. The secretary shall give notice in
writing to the appellant and any affected party not less than ten days prior to the
hearing. At the meeting on appeal, the board shall hear the appellant and any affected
party and shall consider the testimony and any other written evidence; which in its
opinion is material. The city engineer or city geologist or his or her authorized
representative shall attend said meeting to explain the basis for the decision being
appealed.
D. Decision. Based upon the evidence presented at the hearing, the board
shall affirm, reverse or modify the disputed decision. Said decision shall be rendered
within thirty days following the last meeting at which the board considered the appeal.
Within ten days after the decision of the board is rendered, the secretary shall notify the
appellant and any other affected party of the decision.
12
4 08/31/2004 15:49 949888140 GMU INC PAGE 15/15
11 4i
P n.
EXHIBIT 'B '
232.4 I Arroyo Vista
.r
(MIA Rancho Santa Margarita
CA 92 688
Gown. Voice:949.$88,b513 McCormick&Urban,Inc. Fax:9'19,888.138Q
eotchnir_al Consultants
Web:grnugeo.com
SCHEDULE OF CHARGES
+ 2004 +
PROFESSIONAL SERVICES ___ _
Principal Engineer or Geologist $ 180.00/hour
Associate Engineer or Geologist $ 160.00/hour
Senior Engineer. or. Geologist $ 145.00/hour
Project Engineer or Geologist $ 130.00/hour
Staff Engineer. or Geologist $ 115.00/hour
Expert Witness/Deposition $325.00/hour
TECHNICAL SUPPORT SERVICES
Supervising Engineering Technician $ 100.00/hour
Senior Engineering Technician
p � $ 42.00lhour
Staff Engineering Technician $ 85.00/hour
Engineering Seismological Technician $ 100.00/hour
Materials Technician $ 82.00/hour
Special Registered Inspector(4 hour minimum) $ 82.00/hour
Laboratory Testing $ 82.00/hour
Concrete,Grout,or Mortar Compression Test and Report $ 50.00/test
Notes: (1) Overtime for field personnel will be charged at 1.5 times the base rate. Overtime is
defined as the time worked on the project in excess of 8 hours per day and all time on
Saturdays,Sundays,and holidays.
(2) The above rates for field testing services do not apply for prevailing wage projects.
Prevailing wage rates will be determined on a project-specific basis.
SUPPORT SERVICES
Graphic Illustration/Drafting $ 82.00/hour
Word Processing $ 65.00/hour
Office Services $ 60.00/hour
OTHER CHARGES
Twelve-channel Exploration Seismograph $ 75.00/hour
Three-channel Vibration Monitoring Seismograph $ 60.00/hour
Pneumatic Piezometer Indicator $ 50.00/day
Slope Inclinometer Monitoring Equipment S 50.00/day
Groundwater Chemistry Meter $ 100.00/day
Data Acquisition System for Field Studies and Surveys $ 50.00/day
Pressure Transducer $ 45.00/day
Pressure Transducer. Datalogger $ 45.00/day
Mileage S 0.45/mile
Outside Services Cost+ 15%
13