CC SR 20160405 J - CIMP MOU Approval & AwardRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 04/05/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action to approve a Memorandum of Understanding
between the agencies participating in the Peninsula Watershed Management Group
and award a professional services agreement to implement the Coordinated Integrated
Monitoring Program.
RECOMMENDED COUNCIL ACTION:
(1) Adopt the Coordinated Integrated Monitoring Program (GIMP) recently approved
by the Regional Water Quality Control Board;
(2) Approve the Memorandum of Understanding (MOU) for cost sharing between
agencies in the Peninsula Watershed Management Group (Peninsula WMG) to
implement the CIMP;
(3) Award a Professional Services Agreement to Anchor QEA, LLC, in the amount of
$1,021,350 to implement the CIMP on behalf of the Peninsula WMG; and,
(4) Authorize the Mayor and City Clerk to execute the agreements, subject to
approval as to form by the City Attorney.
FISCAL IMPACT: The total contract cost is shared among several agencies over four
years. Contract year one is the highest, due to set up costs, and the City's net cost in
contract year one will not exceed $195,000. The current FY15-16 budget has allotted
$190,000 towards the implementation of all monitoring including the CIMP. No extra
funding is being requested for this fiscal year because only a portion of the contract will
be expended in this fiscal year. Net expenses of $165,000 to $180,000 will be required
in each of the next three contract years.
Amount Budgeted:
Additional Appropriation:
Account Number(s):
$190,000
None in this fiscal year
101-3007-431-32-00
ORIGINATED BY: Andy Winje, PE, Senior Engineers'
REVIEWED BY: Michael Throne, PE, Public Works Director
APPROVED BY: Doug Willmore, City Manager'
ATTACHED SUPPORTING DOCUMENTS:
A. CIMP MOU (page A-1)
B. Professional Services Agreement with Anchor QEA, LLC (page B-1)
1
BACKGROUND AND DISCUSSION:
With the adoption by the Los Angeles Regional Water Quality Control Board (Regional
Board) of the new Municipal Separate Storm Sewer System Permit (MS4 Permit) in
2012, the City elected to choose a compliance path that requires development of a
Coordinated Integrated Monitoring Program (CIMP). The CIMP is a technical document
that lays out the requirements for collecting samples of urban runoff, analyzing them for
pollutants and reporting back to the Regional Board. The City Council approved an
MOU agreement between the Peninsula Watershed Management Group (WMG)
agencies (the cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills,
Rolling Hills Estates, Los Angeles County and the Los Angeles County Flood Control
District) to work together to develop a CIMP document on August 6, 2013. The City of
Rancho Palos Verdes, being the largest in land area of the group, serves as the chair of
the Peninsula WMG. On June 17, 2014, the City Council directed Staff to submit a
Draft CIMP to the Regional Board for approval. On February 4, 2016, the Regional
Board notified the City that the Draft CIMP, as amended in several rounds of comments,
was approved and finalized.
The Draft CIMP was placed on the City's webpage for interested parties to view shortly
after it was submitted to the Regional Board. The final CIMP has replaced the draft on
the website at the same location for review prior to adoption. (See
http://www.rpvca.gov/347/Stormwater-Quality-Program). Due to its size and the easy
access via the webpage, the CIMP document is not attached to this agenda report.
A new MOU is required to implement the CIMP since the current one exists only to
develop the CIMP document. The costs to implement the CIMP will be shared among
the agencies of the Peninsula WMG primarily in proportion to land area. The City's
share is about half of the total cost. The CIMP is required to be implemented for at least
four years and has been written to expire after five years, which is the longest term
allowed by the County. The cost sharing tables in the CIMP (see page A-16 of
Attachment A) were finalized after proposals for services were received, and describe
the maximum amount each City shall be required to spend within a given year. The
costs include all work to complete the CIMP plus a 10% contingency. There is also a
5% administrative fee collected from each agency that will be retained by the City for
administration of the CIMP. The City's maximum net allocation is $194,956 (less up to
$18,211 in recouped contract administration fees) in year one, which is the most
expensive. The other Peninsula WMG agencies have all approved the CIMP MOU
including the cost sharing table.
The Peninsula WMG has ninety (90) days after notification of CIMP approval to begin
implementation of the CIMP. For that reason, the Peninsula WMG distributed a request
for proposals in August 2015, soliciting proposals from contractors to carry out
implementation of the CIMP. The group has unanimously selected a preferred
contractor from among four (4) competing private firms and a proposal from the
Sanitation Districts of Los Angeles County. The Peninsula WMG unanimously
recommends that Anchor QEA, LLC (Anchor) be awarded the contract as CIMP services
2
provider, after considering their technical abilities, understanding of the project scope
and cost considerations. Staff has negotiated a professional services agreement
(Attachment B) that has been reviewed by the City Attorney's office and the consultant's
legal counsel. Anchor's cost proposal for four years is $1,021,350, with the first year
being the most expensive due to set up costs.
CONCLUSION:
The City is required to implement the approved CIMP to remain in compliance with the
MS4 Permit. The City has joined forces with the other Peninsula WMG agencies to
share costs to develop the CIMP and now proposes to do the same to implement it. To
accomplish this, it is recommended the City enter an MOU with the other agencies,
defining the cost sharing, and award a professional services agreement for
implementation of the CIMP to Anchor QEA, LLC.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
Discuss and take other action related to this item.
9
MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT,
THE COUNTY OF LOS ANGELES, AND
THE CITIES OF RANCHO PALOS VERDES, PALOS VERDES ESTATES, ROLLING
HILLS, AND ROLLING HILLS ESTATES
REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING
THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP)
FOR THE PENINSULA CIMP AGENCIES
This Memorandum of Understanding (MOU), is made and entered into between THE
CITY OF RANCHO PALOS VERDES, a body corporate and politic, THE CITY OF PALOS
VERDES ESTATES, a body corporate and politic, THE CITY OF ROLLING HILLS
ESTATES, a body corporate and politic, THE CITY OF ROLLING HILLS, a body
corporate and politic, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
(LACFCD), a body corporate and politic, and THE COUNTY OF LOS ANGELES
(COUNTY), a political subdivision of the State of California. Collectively, these entities
shall be known herein as "PARTIES" or individually as "PARTY".
WITNESSETH
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region
(Regional Board) adopted the National Pollutant Discharge Elimination System Municipal
Separate Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit); and
WHEREAS, the MS4 Permit became effective on December 28, 2012, and
requires that the LACFCD, the COUNTY, and 84 of the 88 cities (excluding Avalon, Long
Beach, Palmdale, and Lancaster) within Los Angeles County comply with the prescribed
terms of the MS4 Permit; and
WHEREAS, the MS4 Permit identified the PARTIES as permittees that are
responsible for compliance with the MS4 Permit requirements pertaining to the Los
Angeles Region's Watershed Management Area(s); and
WHEREAS, the PARTIES entered into a Memorandum of Understanding on
August 6, 2013 to collaborate in the development of a Coordinated Integrated Monitoring
Program (CIMP) for the Santa Monica Bay and Dominguez Channel Watershed(s) within
the Palos Verdes Peninsula Enhanced Watershed Management Program Area; and
WHEREAS, the CIMP was submitted to the Regional Board by the PARTIES on
June 27, 2014 and was approved by the Regional Board on February 4, 2016; and
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WHEREAS, the PARTIES collaboratively selected contractors (CONTRACTORS)
to assist the PARTIES with implementation of the CIMP, which is incorporated into this
MOU by reference; and
WHEREAS, the PARTIES propose to hire CONTRACTORS as set forth in Section
6(a) below, to implement the CIMP, prepare CIMP Annual Reports, and prepare any
necessary revisions to the CIMP in compliance with the MS4 Permit; and
WHEREAS, the PARTIES have determined that hiring CONTRACTORS to
implement the CIMP will be beneficial to the PARTIES, and they have agreed to contribute
funds to the CITY OF RANCHO PALOS VERDES, who will act on behalf of the PARTIES
to contract with the CONTRACTORS for the implementation of the CIMP; and
WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the
actual costs of implementing the CIMP, as estimated in Table 1 of Exhibit A, based on
the cost allocation formula contained in Table 2 of Exhibit A; and
WHEREAS, the PARTIES have agreed that the total annual cost for implementing
the CIMP shall not exceed $382,432 which includes a five percent (5%) contract
administration cost and a ten percent (10%) contingency; and
WHEREAS, the PARTIES agree that each shall assume full and independent
responsibility for ensuring its own compliance with the MS4 Permit despite the
collaborative approach of the MOU.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the
PARTIES, and of the promises contained in this MOU, the PARTIES agree as follows:
Section 1. Recitals. The recitals set forth above are true and correct and incorporated
into this MOU.
Section 2. Purpose. The purpose of this MOU is to cooperatively fund the
implementation of the CIMP and to coordinate the payment and performance of the
monitoring and reporting services.
Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain
the purposes of this MOU.
Section 4. Voluntary. This MOU is voluntarily entered into for the implementation of the
CIMP.
Section 5. Term. This MOU shall become effective on the last date of execution by a
PARTY (EFFECTIVE DATE), and shall remain in effect for five (5) years from the
EFFECTIVE DATE.
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Section 6. The CITY OF RANCHO PALOS VERDES agrees:
a. Consultant Services. To select CONTRACTORS for implementation of the CIMP,
and any subsequent changes to the CIMP as agreed upon by the PARTIES and
approved by the Regional Board. The CITY OF RANCHO PALOS VERDES will
be compensated for the administration of the consultant services contracts at a
rate of five percent (5%) of each PARTY's contract cost as described in Table 2 of
Exhibit A. The CITY OF RANCHO PALOS VERDES will comply with all of its
procurement requirements applicable to said selection.
b. LACFCD Facilities. To obtain any necessary permits from LACFCD for access to
and construction within LACFCD storm drains, channels, catch basins, and similar
properties (FACILITIES) and provide written notice seventy-two (72) hours in
advance of entry to LACFCD's FACILITIES.
c. Report. To submit reports to the Regional Board as described in the CIMP and
distribute copies of the reports to the PARTIES for review and comment prior to
submittal to the Regional Board. The CITY OF RANCHO PALOS VERDES will
provide the PARTIES with an electronic copy of the draft CIMP Annual Report and
completed CIMP Annual Report within seven (7) business days after receipt from
the CONTRACTORS. In addition, the CITY OF RANCHO PALOS VERDES will
submit to the PARTIES the data used to prepare the reports. This data will be
transmitted electronically in a Microsoft Excel format that contains the table
structure and syntax agreed upon by the PARTIES.
d. Invoice. To invoice the PARTIES in amounts not exceeding the invoice amounts
shown in Table 2 of Exhibit A. The annual payments for the period of July 1 through
June 30 will be invoiced in July of that year, except for the first invoice, which will
be issued within thirty (30) days of the EFFECTIVE DATE. At the end of each fiscal
year, any unused funds will be rolled over and used towards future years of CIMP
implementation.
e. Expenditure. To utilize the funds deposited by the PARTIES only for the
administration of the consultant services contracts and the implementation of the
CIMP. The CITY OF RANCHO PALOS VERDES will provide an accounting of
funds expended and remaining at the end of each fiscal year.
f. Termination. To provide an accounting upon termination of this MOU. At the
completion of the accounting, the CITY OF RANCHO PALOS VERDES shall return
any unused portion of all funds deposited with the CITY OF RANCHO PALOS
VERDES in accordance with the cost allocation formula set forth in Table 2 of
Exhibit A.
g. Permits. To make a full -faith effort to work with the CONTRACTORS to obtain all
necessary permits for installation of permanent infrastructure or modifications to
A-3
monitoring sites, and subsequent access during monitoring events and
maintenance.
Section 7. The LACFCD agrees:
a. Access to LACFCD Facilities. To grant access to the CITY OF RANCHO PALOS
VERDES and its CONTRACTORS to LACFCD FACILITIES to achieve the
purposes of this MOU, provided the CITY OF RANCHO PALOS VERDES and its
CONTRACTORS obtain a permit and provide written notice seventy-two (72)
hours in advance of entry to LACFCD's FACILITIES.
Section 8. The PARTIES further agree:
a. Payment. To fund the cost of the implementation of the CIMP and to pay the CITY
OF RANCHO PALOS VERDES for their proportional share of the estimated cost
for the implementation of the CIMP and contract administration not exceeding the
invoice amounts as shown in Table 2 of Exhibit A, within sixty (60) days of receipt
of the invoice from the CITY OF RANCHO PALOS VERDES. The cost estimates
presented in Exhibit A have been agreed upon by the PARTIES and are subject to
changes in the CIMP pursuant to new Regional Board requirements and/or
unforeseen challenges in the field. Any such changes proposed to the PARTIES'
proportional share are subject to funding appropriation and will require written
approval of the PARTIES.
b. Documentation. To make a full -faith effort to cooperate with one another to achieve
the purposes of this MOU by providing all requested information and
documentation in their possession and available for release to the
CONTRACTORS that is deemed necessary by the PARTIES to implement the
CIMP.
c. Access. Each PARTY will allow reasonable access and entry to the CITY OF
RANCHO PALOS VERDES and its CONTRACTORS, on an as needed basis
during the term of this MOU, to each PARTY's FACILITIES to achieve the
purposes of this MOU, provided, however, that prior to entering any of the PARTY's
FACILITIES, the CONTRACTORS shall obtain a permit (if required by PARTY) or
other approval from such PARTY and provide written notice in advance of entry to
the applicable PARTY (in accordance with LACFCD or the applicable agency's
notification policy).
d. Permit. Each PARTY will make a full -faith effort to work with the CONTRACTORS
to obtain all necessary permits for installation of permanent infrastructure or
modifications to stormwater monitoring sites within each PARTY's jurisdiction.
Section 9. Indemnification.
i
a. Each PARTY shall indemnify, defend, and hold harmless every other PARTY,
including its special districts, elected and appointed officers, employees, agents,
attorneys, and designated volunteers from and against any and all liability,
including, but not limited to demands, claims, actions, fees, costs, and expenses
(including reasonable attorney's and expert witness fees), arising from or
connected with the respective acts of that PARTY arising from or related to this
MOU; provided, however, that no PARTY shall indemnify another PARTY for that
PARTY's own negligence or willful misconduct.
b. In light of the provisions of Section 895.2 of the Government Code of the State of
California imposing certain tort liability jointly upon public entities solely by reason
of such entities being parties to an agreement (as defined in Section 895 of said
Code), each of the PARTIES hereto, pursuant to the authorization contained in
Government Code Sections 895.4 and 895.6, shall assume the full liability imposed
upon it or any of its officers, agents, or employees, by law for injury caused by any
act or omission occurring in the performance of this MOU to the same extent such
liability would be imposed in the absence of Section 895.2 of the Government
Code. To achieve the above stated purpose, each PARTY indemnifies, defends,
and holds harmless every other PARTY for any liability, cost, or expense that may
be imposed upon such other PARTY solely by virtue of said Section 895.2. The
provisions of Section 2778 of the California Civil Code are made a part hereof as
if incorporated herein.
Section 10. Termination and Withdrawal.
a. This MOU may be terminated upon the express written agreement of all PARTIES.
If this MOU is terminated, then all PARTIES must agree on the equitable
redistribution of remaining funds deposited, if there are any, or payment of invoices
due at the time of termination. Completed work shall be owned by the PARTY or
PARTIES who fund the completion of such work. Rights to uncompleted work by
the CONTRACTORS still under contract will be held by the PARTY or PARTIES
who fund the completion of such work.
b. If a PARTY wishes to withdraw from this MOU for any reason, that PARTY's
governing body must adopt a resolution approving the PARTY's withdrawal, and
that PARTY must give the other PARTIES and the Regional Board prior written
notice of the withdrawal. The withdrawing PARTY shall be responsible for its share
of the CIMP implementation cost through the end of the then current monitoring
year (July 1 through June 30), including costs for reporting of data and results
during the monitoring year which said PARTY withdraws. Moreover, unless the
withdrawing PARTY provides written notice of withdrawal to the other PARTIES by
March 1, the withdrawing PARTY shall also be responsible for its share of the
CIMP implementation costs through the end of the following monitoring year (e.g.,
If a PARTY withdraws on or after March 2, 2016, said PARTY is responsible for its
share of costs for both monitoring year 2015-2016 and monitoring year 2016-2017.
A-5
If the same PARTY withdraws on or before March 1, 2016, said PARTY is
responsible for costs only for monitoring year 2015-2016, not for monitoring year
2016-2017.). Such CIMP implementation costs shall include the remaining fees of
any CONTRACTORS retained by the City of Rancho Palos Verdes through the
end of the applicable monitoring year(s). The effective date of withdrawal shall be
the sixtieth (60th) day after the City of Rancho Palos Verdes receives written notice
of a PARTY's intent to withdraw. Should any PARTY withdraw from this MOU, the
remaining PARTIES' cost share allocation shall be adjusted in accordance with the
cost allocation formula in Table 2 of Exhibit A. Each PARTY shall be responsible
for its proportional share of the CIMP implementation costs incurred through the
completion of all requirements of the monitoring year (e.g., completion of the
annual report due December 15, 2016, covering the monitoring period from July 1,
2015 to June 30, 2016). Each PARTY shall also be responsible for the payment of
its own fines, penalties and costs incurred as a result of the non-performance of
the CIMP.
c. If a PARTY fails to substantially comply with any of the terms or conditions of this
MOU, then that PARTY shall forfeit its rights to work completed through this MOU,
but no such forfeiture shall occur unless and until the defaulting PARTY has first
been given notice of its default and a reasonable opportunity to cure the alleged
default. As used in this MOU, a "reasonable opportunity to cure" means within
fourteen (14) days after receipt of notice of a default, or under circumstances
where the default cannot reasonably be cured within a fourteen (14) day period,
the PARTY fails to begin curing such default within the fourteen (14) day period,
or fails to continue to diligently correct such default until finally cured.
d. The CITY OF RANCHO PALOS VERDES shall notify in writing all PARTIES, and
may notify the Regional Board, within fourteen (14) days of any PARTY failing to
cure an alleged default in compliance with the terms or conditions of this MOU.
The non -delinquent PARTIES will determine the next course of action. The
remaining cost will be distributed based on the existing cost allocation formula in
Table 2 of Exhibit A, subject to annual funding availability. If the increase is more
than the ten percent (10%) contingency, an amendment to this MOU must be
executed to reflect the change in PARTIES and cost share.
Section 11. General Provisions.
a. Notices. Any notices, bills, invoices, or reports relating to this MOU, and any
request, demand, statement, or other communication required or permitted
hereunder shall be in writing and shall be delivered to the representatives of the
PARTIES at the addresses set forth in Exhibit B attached hereto and incorporated
herein by reference. The PARTIES shall promptly notify each other of any change
of contact information, including personnel changes, provided in
Exhibit B. Written notice shall include notice delivered via e-mail. A notice shall be
deemed to have been received on (a) the date of delivery, if delivered by hand
ME
during regular business hours, or by e-mail; or
(b) on the third (3rd) business day following mailing by registered or certified mail
(return receipt requested) to the addresses set forth in Exhibit B.
b. Administration. For the purposes of this MOU, the PARTIES hereby designate as
their respective PARTY representatives the persons named in Exhibit B. The
designated PARTY representatives, or their respective designees, shall administer
the terms and conditions of this MOU on behalf of their respective PARTY. Each
of the persons signing below on behalf of a PARTY represents and warrants that
he or she is authorized to sign this MOU on behalf of such PARTY.
c. Relationship of the PARTIES. The PARTIES are, and shall at all times remain as
to each other, wholly independent entities. No PARTY to this MOU shall have
power to incur any debt, obligation, or liability on behalf of any other PARTY unless
expressly provided to the contrary by this MOU. No employee, agent, or officer of
a PARTY shall be deemed for any purpose whatsoever to be an agent, employee,
or officer of another PARTY.
d. Binding Effect. This MOU shall be binding upon, and shall be to the benefit of the
respective successors, heirs, and assigns of each PARTY; provided, however, no
PARTY may assign its respective rights or obligations under this MOU without prior
written consent of the other PARTIES.
e. Amendment. The terms and provisions of this MOU may not be amended,
modified, or waived, except by an instrument in writing signed by all non -delinquent
PARTIES. A PARTY shall be considered delinquent if that PARTY fails to timely
pay an invoice as required by Section 8(a), withdraws pursuant to Section 10(b),
or fails to substantially comply with the terms and/or conditions of this MOU
pursuant to Section 10(c).
f. Law to Govern. This MOU is governed by, interpreted under, and construed and
enforced in accordance with the laws of the State of California.
g. Severability. If any provision of this MOU shall be determined by any court to be
invalid, illegal, or unenforceable to any extent, then the remainder of this MOU
shall not be affected, and this MOU shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained in this MOU.
h. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES
with respect to the subject matter hereof.
i. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of
this MOU must be express and in writing, and shall not constitute a waiver of any
other term, condition, or covenant. Waiver by any PARTY to any breach of the
provisions of this MOU must be express and in writing, and shall not constitute a
A-7
waiver of any other provision, nor a waiver of any subsequent breach or violation
of any provision of this MOU.
j. Counterparts. This MOU may be executed in any number of counterparts, each of
which shall be an original, but all of which taken together shall constitute one and
the same instrument, provided, however, that such counterparts shall have been
delivered to all PARTIES to this MOU.
k. No Presumption in Drafting. All PARTIES have been represented by legal counsel
in the preparation and negotiation of this MOU. Accordingly, this MOU shall be
construed according to its fair language. Any ambiguities shall be resolved in a
collaborative manner by the PARTIES and shall be rectified by amending this MOU
as described in Section 11(e).
IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be
executed by their duly authorized representatives and affixed as of the date of signature
of the PARTIES:
•
COUNTY OF LOS ANGELES
LIM
GAIL FARBER, Director of Public Works Date
APPROVED AS TO FORM:
MARY C. WICKHAM
Interim County Counsel
Deputy
Date
Me
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
GAIL FARBER, Chief Engineer Date
APPROVED AS TO FORM:
MARY C. WICKHAM
Interim County Counsel
Deputy
Date
A-10
CITY OF RANCHO PALOS VERDES
Date:
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
A-11
CITY OF PALOS VERDES ESTATES
Date:
ATTEST:
Vickie Kroneberger
City Clerk
APPROVED AS TO FORM:
....................
City Attorney
Christi Hogan
By:
James F. Goodhart, Mayor
A-12
CITY OF ROLLING HILLS ESTATES
Date:
ATTEST:
Doug Prichard
City Clerk
APPROVED AS TO FORM:
....................
City Attorney
Donald M. Davis
Steve Zuckerman,
Mayor
A-13
CITY OF ROLLING HILLS
Date:
Mayor
ATTEST:
By:
Heidi Luce
City Clerk
APPROVED AS TO FORM:
City Attorney
By:
Michael Jenkins
Page 14 of 14
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EXHIBIT A
Peninsula Watershed Management Group
Funding Contributions for CIMP Implementation
Table 1. Total CIMP Annual' Implementation Costs
Description
Labor
Analytical
Equipment
and ODC
Total Cost
Hours
Hourly
Rate
Cost
Cost
Cost
Nonstormwater Screening
Non -SW Screening/Source ID/Reporting
$24,810
$24,810
Nonstormwater Screening Total
$24,810
Receiving Water Monitoring
Sampling Plan and Integrated Health and Safety Plan
$7,600
Receiving Water Sampling
$20,200
Sample Analysis and QA/QC
$50,300
Electronic Data Management and Reporting
$11,700
Receiving Water Monitoring Total
$89,800
Outfall Monitoring
Sampling Plan and Integrated Health and Safety Plan
$13,900
Outfall Sampling
$119,750
2 Flowmeters (Optional)
$18,450
Sample Analysis and QA/QC
$24,200
Electronic Data Management and Reporting
$6,200
Outfall Monitoring Total (with optional costs)
$182,500
Remaining Tasks
Project Initiation and Planning
20 $125
$2,500
$2,500
MOU/RFP Development
52 $125
$6,500
$6,500
Integrated Monitoring Compliance Report
200 $125
$25,000
$25,000
Remaining Tasks Total
$34,000
SubTotal Cost (without Contingency or Admin.)
$331,110
Contingency Factor
10%
Contingency
$33,111
Administration Cost (5%)Z
$18,211
Total Cost
$382,432
LACFCD Allocation (5%)3
$19,122
Total Remaining Cost for Participation and Area Based
Allocation (Total Cost Less LACFCD 5%)
$363,310
I The annual costs for subsequent years are not to exceed this amount plus CPI.
z Administration costs are estimated to be 5% of the estimated total cost plus contingency.
3 The Los Angeles County Flood Control District (LACFCD) has committed to contributing 5% of the Total Cost for their share in the implementation
of the CIMP. LACFCD's cost share equals 5% of (total cost + contingency + administrative costs).
A-15
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EXHIBIT B
Peninsula Watershed Management Group
CIMP MOU - Responsible Agencies Representatives
1. County of Los Angeles
Department of Public Works, Watershed Management Division, 11th Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Party Representative: Angela George
E-mail: AGEORGE@dpw.lacounty.gov
Phone: (626) 458-4325
Fax: (626) 457-1526
2. Los Angeles County Flood Control District
Department of Public Works, Watershed Management Division, 11th Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Party Representative: Terri Grant
E-mail: TGRANT@dpw.lacounty.gov
Phone: (626) 458-4309
Fax: (626) 457-1526
3. City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Party Representative: Andy Winje, Senior Engineer
E-mail: andyw@rpv.com
Phone: (310) 544-5249
Fax: (310) 544-5292
4. City of Palos Verdes Estates
340 Palos Verdes Drive West
Palos Verdes Estates, CA 90274
Party Representative: Anton Dahlerbruch, City Manager
E-mail: adahlerbruch@pvestates.org
Phone: (310) 378-0383
Fax: (310) 375-5918
A-17
5. City of Rolling Hills Estates
4045 Palos Verdes Drive North Rolling Hills Estates,
CA 90274
Party Representative: Greg Grammer, Assistant City Manager
E-mail: gregg@ci.rolling-hills-estates.ca.us
Phone: 310-377-1577 x-107
Fax: (310) 377-4468
6. City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
Party Representative: Raymond R. Cruz, City Manager
E-mail: rcruz@cityofrh.net
Phone: (310) 377-1521
Fax: (310) 377-7288
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
ANCHOR QEA, LLC
01203.0022/287800.4 -1-
B-1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
ANCHOR QEA, LLC
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 5th day of April, 2016 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and Anchor QEA, LLC, ("Consultant"). City and
Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter
collectively referred to as the "Parties".
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which may be referred to herein as the "services" or
"work" hereunder. As a material inducement to the City entering into this Agreement,
Consultant represents and warrants that it has the qualifications, experience, and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose
intended. For purposes of this Agreement, the phrase "highest professional standards" shall
01203.0022/287800.4 -2-
B-2
mean those standards of practice recognized by one or more first-class firms performing similar
work under similar circumstances.
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and
any Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
01203.0022/287800.4 -3- B-3
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services
to be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other
contractors. No claims for an increase in the Contract Sum or time for performance shall be
valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any
other provisions of this Agreement, the provisions of Exhibit `B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed One Million Twenty -One Thousand Three Hundred Fifty
Dollars ($1,021,350.00) (the "Contract Sum"), unless additional compensation is approved
pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
01203.0022/287800.4 -4- B-4
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City's Director of
Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying
compliance with all provisions of the Agreement. The invoice shall detail charges for all
necessary and actual expenses by the following categories: labor (by sub -category), travel,
materials, equipment, supplies, and sub -contractor contracts. Sub -contractor charges shall also
be detailed by such categories. Consultant shall not invoice City for any duplicate services
performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
01203.0022/287800.4 -5- B-5
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant's sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit "D" ).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
01203.0022/287800.4 -6-
B-6
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall
utilize only competent personnel to perform services pursuant to this Agreement. Consultant
shall make every reasonable effort to maintain the stability and continuity of Consultant's staff
and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be such person as may be designated by the City Manager. It
shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the
progress of the performance of the services and the Consultant shall refer any decisions which
must be made by City to the Contract Officer. Unless otherwise specified herein, any approval
of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer
shall have authority, if specified in writing by the City Manager, to sign all documents on behalf
of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant's employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
01203.0022/287800.4 -7-
B-7
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage. The policy of insurance shall be in
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then
the general aggregate limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including `any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and
any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a "claims made" basis, and must
include coverage for contractual liability. The professional liability insurance required by this
01203.0022/287800.4 -8- "'
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Consultant's services or the termination of this
Agreement. During this additional 5 -year period, Consultant shall annually and upon request of
the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit `B".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not
contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. Moreover, the insurance policy must specify that where the primary
insured does not satisfy the self-insured retention, any additional insured may satisfy the self-
insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written
notice by certified mail return receipt requested to the City. In the event any of said policies of
insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence
of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete,
certified copies of and endorsements to all required insurance policies at any time. Any failure
to comply with the reporting or other provisions of the policies including breaches or warranties
shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY
SHALL MAIL THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO
CERTIFICATE HOLDER NAMED HEREIN.
[to be initialed]
01203.0022/287800.4 -9- "'
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of
activities Consultant performs; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by
Consultant. The coverage shall contain no special limitations on the scope of protection afforded
to City, and their respective elected and appointed officers, officials, employees or volunteers.
Consultant's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that
the requirement to provide insurance shall not be construed as limiting in any way the extent to
which the Consultant may be held responsible for the payment of damages to any persons or
property resulting from the Consultant's activities or the activities of any person or persons for
which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification
liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is
required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be
provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or
indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
01203.0022/287800.4 -10- B_10
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best
Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more
than 3 years duration, or in the event the risk manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Consultant agrees that the minimum limits of the insurance policies may be changed accordingly
upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at
all times during normal business hours of City, including the right to inspect, copy, audit and
make records and transcripts from such records. Such records shall be maintained for a period of
three (3) years following completion of the services hereunder, and the City shall have access to
01203.0022/287800.4 -11- B-11
such records in the event any audit is required. In the event of dissolution of Consultant's
business, custody of the books and records may be given to City, and access shall be provided by
Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant
in performance of this Agreement shall be considered confidential, unless such information is in
the public domain or already known to Consultant. Consultant shall not release or disclose any
such information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors,
shall not, without prior written authorization from the Contract Officer or unless requested by the
01203.0022/287800.4 -12- B_12
City Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorneys' fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its
officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under. City retains the right, but has no obligation, to represent Consultant
or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate
fully with City and to provide City with the opportunity to review any response to discovery
requests provided by Consultant. However, this right to review any such response does not
imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under this Article. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a
waiver of the City's legal rights or any rights arising out of any provision of this Agreement.
01203.0022/287800.4 - 13 - B-13
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the
amount or validity of which is disputed by Consultant, or any indebtedness shall exist which
shall appear to be the basis for a claim of lien, City may withhold from any payment due, without
liability for interest because of such withholding, an amount sufficient to cover such claim. The
failure of City to exercise such right to deduct or to withhold shall not, however, affect the
obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision or a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any
right or remedy by a non -defaulting party on any default shall impair such right or remedy or be
construed as a waiver. Any waiver by either party of any default must be in writing and shall not
be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
01203.0022/287800.4 -14- B-14
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Consultant may determine. Upon receipt of any
notice of termination, Consultant shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non -terminating party with the
opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability, of Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
- 15- B-15
01203.0022/287800.4
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys' fees,
incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the
Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated at the time personally delivered or in seventy-
two (72) hours from the time of mailing if mailed as provided in this Section.
01203.0022/287800.4 -16- B-16
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the
Consultant and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non -Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
01203.0022/287800.4
-17- B-17
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant's Authorized Initials
9.7 Corporate AuthoritX.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement
shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
-18- B_18
01203.0022/287800.4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Mayor
CONSULTANT:
By:
Name:
Title:
Lo
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01203.0022/287800.4 _19- B-19
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2015 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2015 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0022/287800.4
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
B-21
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
Services are required for two related but distinct scopes of work: A) Receiving Water
Monitoring; and B) Outfall Monitoring. Whenever technically and logistically feasible,
service items for each scope of work may be conducted conjunctively for project
efficiencies.
A. Services required for Receiving Water Monitoring include:
i. Sampling and Analysis Plan with Integrated Health and Safety Plan
A Sampling and Analysis Plan (SAP) and Health and Safety Plan (HASP) will
be developed that include all elements of program design (i.e., study objectives,
sampling locations, and sample numbers), sample collection and handling,
analytical methods and target detection limits, data evaluation, and quality
assurance/quality control (QA/QC). The SAP will include a project map
illustrating proposed sample locations. A program -specific HASP will be
attached to the SAP and will include specific elements such as site emergency
procedures, directions to the nearest hospital and urgent care facilities, personal
protection requirements, risk analysis and job safety analysis, site control,
decontamination procedures, and health and safety procedures.
ii. Receiving Water Sampling
01203.0022/287800.4
Receiving water sampling will be conducted five (5) times per year, consisting of
three (3) wet weather events at two (2) stations and two (2) dry weather events at
two (2) stations. When possible, events are to be performed concurrently with
the Greater Harbor Toxics Water Compliance Monitoring Program for cost
saving opportunities. Specific elements include:
• Review weather forecasts to select qualifying storm events and dry
weather periods to monitor. The first large storm of the season (after
October 1) will be monitored and is defined as a storm to have a predicted
rainfall of at least one-quarter (0.25) inch with a seventy percent (70%)
probability of occurrence at least twenty-four (24) hours prior to the event
start time (as defined by the 2012 MS4 Permit). At least one of the dry
weather events will occur in June.
• Coordinate field sampling activities with subcontracted analytical
laboratories.
• Mobilize and operate a suitable vessel with qualified field staff in
accordance with methods established by the City of Los Angeles
Environmental Monitoring Division for the monitoring of two (2)
off -shore receiving water stations. For the health and safety of the field
B-22
team, receiving water monitoring will not be conducted off -shore under a
small craft advisory.
• Measure in situ water quality and collect receiving water samples using
methods consistent with the Greater Harbor Waters Toxics Total
Maximum Daily Load (TMDL) Compliance Monitoring Program, the
Southern California Coastal Water Research Project Regional Bight
Monitoring Program, and California State Surface Water Ambient
Monitoring Programs. In situ water quality measurements include
temperature, dissolved oxygen, pH, and conductivity.
iii. Sample Analyses and Quality Assurance/Quality Control
For the first wet weather and dry weather monitoring events, receiving water
samples will be collected and submitted for the analysis of all parameters
identified in Table E-2 of the 2012 Los Angeles County Municipal Separate
Storm Sewer System (MS4) Permit and polychlorinated biphenyl (PCB)
individual congeners. For all subsequent wet and dry weather monitoring events,
samples will be collected and submitted for the analysis of the following
parameters:
• Total suspended sediment (TSS)
• Total Hardness
• Total and fecal coliform, enterococcus
• PCB congeners
• DDT and its derivatives
• Aquatic marine toxicity (collected three (3) times per year, including the
first large storm of the wet season, one (1) other storm, and the June dry
weather monitoring event)
• Any additional parameters from Table E-2 observed to have an
exceedance of applicable water quality criteria during the first wet and dry
weather events
All analytical data will undergo data validation (i.e., QA/QC) in accordance with
Regional Water Quality Control Board (RWQCB)-approved QA/QC methods
developed to support the Greater Harbor Waters Toxics TMDL Compliance
Monitoring Program. Data validation will be consistent with U.S.
Environmental Protection Agency (USEPA) Stage 2A requirements.
At a minimum, one (1) Phase I toxicity identification evaluation (TIE) will be
conducted per year when toxicity is observed.
iv. Electronic Data Management and Reporting
01203.0022/287800.4
Maintain an electronic database of all field observations and measurements and
analytical laboratory -generated results. Semiannually, export electronic data into
a customized format that meets the California Environmental Data Exchange
B-23
Network (CEDEN) database requirements. Review all elements of the
Receiving Water Monitoring Program and provide recommendations for
adaptive management on an annual basis.
B. Services required for Outfall Monitoring include:
i. Sampling and Analysis Plan with Integrated Health and Safety Plan
A SAP and HASP will be developed that include all elements of program design
(i.e., study objectives, sampling locations, and sample numbers), sample
collection and handling, analytical methods and target detection limits, data
evaluation, and QA/QC. The SAP will include a project map illustrating
proposed sample locations. A program -specific HASP will be attached to the
SAP and will include specific elements such as site emergency procedures,
directions to the nearest hospital and urgent care facilities, personal protection
requirements, risk analysis and job safety analysis, site control, decontamination
procedures, and health and safety procedures, as well as elements related to
confined space entry and traffic control.
ii. Outfall Sampling
01203.0022/287800.4
Outfall sampling consists of wet weather monitoring, significant outfall non-
stormwater dry weather monitoring, and Machado Lake Nutrients TMDL
monitoring. General elements include:
• Sampling will only be conducted during business hours. Business hours
are defined as 07:30 to 17:30 (Monday to Thursday) and 07:30 to 16:30
(Friday), and holidays are not included. Storm events occurring during
non -business hours will not be sampled.
• Review weather forecasts to select qualifying storm events and dry
weather periods to monitor. The first large storm of the season (after
October 1) will be monitored and is defined as a storm to have a predicted
rainfall of at least one-quarter (0.25) inch with a seventy percent (70%)
probability of occurrence at least twenty-four (24) hours prior to the event
start time (as defined by the 2012 MS4 Permit).
• Coordinate field sampling activities with field team members and
subcontracted analytical laboratories.
• Coordination between specific monitoring activities should be considered
to gain project efficiencies.
• Maintain and calibrate all necessary sampling equipment (e.g., flow
meters, multiparameter sondes, portable samplers, water levelers, etc.)
according to manufacturer specifications.
Wet weather monitoring will be conducted three (3) times per year. Specific
elements include:
I
• Six (6) sites (Peninsula -SDI, Peninsula-SD2, Rolling Hills Estates City
Hall [RHECH], Valmonte, Solano, and Lariat).
• Obtain a single time -weighted composite sample per site consisting of a
manual grab sample collected once every twenty (20) minutes over a three
(3) -hour period (or at a frequency equivalent to ten (10) aliquots over the
expected duration of stormwater discharge).
Significant non-stormwater outfall dry weather monitoring will be conducted
four (4) times per year during dry weather, but only if significant non-stormwater
discharges remain unaddressed after the completion of source identification
investigation. Significant non-stormwater outfall monitoring will be conducted
after source identification is completed for each outfall. Twenty-five percent
(25%) of outfall source identifications was completed by December 28, 2015,
and one hundred percent (100%) of outfall source identifications is to be
completed by the end of 2017. Therefore, up to two (2) significant non-
stormwater outfalls will be monitored in Year 1. In Years 2 to 4, a maximum of
four (4) significant non-stormwater outfalls will be monitored. Specific elements
include:
• One (1) site (Outfall ID 100) in Year 1
• Three (3) sites (Outfall ID 100 and two (2) additional outfalls [e.g., Outfall
ID 50 or 53 and Outfall ID 48]) in subsequent years for the duration of the
contract
• Obtain a single grab sample
• Collect flow measurements with handheld flow meters
Machado Lake Nutrients TMDL monitoring will be conducted monthly.
Specific elements include:
• Four (4) sites (RHECH, Valmonte, Solano, and Lariat)
• Obtain a single grab sample
• Collect flow measurements with handheld flow meters
Continuous flow measurements will be conducted at two (2) sites. Specific
elements include:
• Two (2) sites (RHECH and Valmonte)
• Install flow meters in Year 1 and maintain them for the duration of the
contract
The benefits of installing fully automated samplers and flow meters for wet
weather monitoring will be evaluated in Year 1 with considerations relative to
the representativeness of automated samples, as well as cost of installation and
maintenance of automated sampling equipment compared to continuing to
perform manual grab samples.
iii. Sample Analyses and Quality Assurance/Quality Control
01203.0022/287800.4
B-25
01203.0022/287800.4
Deliver samples and coordinate analytical laboratory services, as necessary.
For wet weather MS4 stormwater outfalls monitoring, composite samples will be
collected and submitted for the analysis of the following parameters:
• TSS
• Hardness
• Total and fecal coliform, enterococcus
• E. coli (only for the RHECH station)
• PCB congeners in suspended sediment
• DDT and its derivatives in suspended sediment
• Copper, lead, mercury, and zinc (only for the RHECH station)
• Dieldrin and chlordane in suspended sediment (only for the RHECH
station)
• Polycyclic aromatic hydrocarbons (PAHs) and benzo(a)pyrene (only for
the RHECH station)
• Any additional parameters from Table E-2 observed to have an
exceedance of applicable water quality criteria during the first wet and dry
weather events from the receiving water monitoring stations
• Aquatic toxicity if TIE in receiving water downstream to an outfall is
inconclusive
For Machado Lake Nutrients TMDL outfalls, dry weather samples will be
collected and submitted for the following parameters:
• TSS
• Hardness
• Total nitrogen
• Total phosphorus
For Machado Lake Nutrients TMDL outfalls, wet weather samples will be
collected and submitted for the following parameters:
• TSS
• Hardness
• PCB congeners in suspended sediment
• DDT and its derivatives in suspended sediment
• Dieldrin and chlordane in suspended sediment
For significant non-stormwater outfalls, samples will be collected and submitted
for the following parameters:
• TSS (RHECH, Santa Monica Bay Watershed, Los Angeles Harbor
Watershed, and Machado Lake Watershed)
• Hardness (RHECH, Santa Monica Bay Watershed, Los Angeles Harbor
Watershed, and Machado Lake Watershed)
• Total and fecal coliform, enterococcus (RHECH and Santa Monica Bay
Watershed)
i
• E. coli (RHECH)
• Copper, lead, mercury, and zinc (RHECH and Los Angeles Harbor
Watershed)
• PAHs (RHECH and Los Angeles Harbor Watershed)
• Benzo(a)pyrene (RHECH and Los Angeles Harbor Watershed)
• Total nitrogen (Machado Lake Watershed)
• Total phosphorus (Machado Lake Watershed)
• Any additional parameters from Table E-2 observed to have an
exceedance of applicable water quality criteria during the first wet and dry
weather events from the receiving water monitoring stations
• Aquatic toxicity if TIE in receiving water downstream to an outfall is
inconclusive
All analytical data will undergo data validation (i.e., QA/QC) in accordance with
RWQCB-approved QA/QC methods developed to support the Greater Harbor
Waters Toxics TMDL Compliance Monitoring Program. Data validation will be
consistent with USEPA Stage 2A requirements.
At a minimum, one (1) Phase I TIE will be conducted per year when toxicity is
present as demonstrated by test results.
iv. Electronic Data Management and Reporting
Maintain an electronic database of all field observations and measurements and
analytical laboratory -generated results. Semiannually, export electronic data into
a customized format that meets the California Environmental Data Exchange
Network (CEDEN) database requirements. Review all elements of the
Receiving Water Monitoring Program and provide recommendations for
adaptive management on an annual basis
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. For the Receiving Water Monitoring Program, the following deliverables will be
provided to the City:
i. One (1) Draft SAP with an integrated HASP.
ii. One (1) Final SAP with an integrated HASP.
iii. Five (5) Receiving Water Monitoring Field Reports per year (one (1) each
for three (3) separate wet weather monitoring events and two (2) separate
dry weather monitoring events). Each report will include copies of field
logs, summary results tables, and analytical laboratory data packages.
iv. Electronic data package in the CEDEN format semiannually.
01203.0022/287800.4
B-27
V. One (1) technical memorandum per year, identifying recommendations for
adaptive management.
B. For the Outfall Monitoring Program, the following deliverables will be provided
to the City:
i. One (1) Draft SAP with an integrated HASP.
ii. One (1) Final SAP with an integrated HASP.
iii. Five (5) Receiving Water Monitoring Field Reports per year (one (1) each
for three (3) separate wet weather monitoring events and two (2) separate
dry weather monitoring events). Each report will include copies of field
logs, summary results tables, and analytical laboratory data packages.
iv. Electronic data package in the CEDEN format semiannually.
V. One (1) technical memorandum per year, identifying recommendations for
adaptive management.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Monthly invoices will be provided with a cover letter summarizing services
completed during the prior billing cycle and a forecast of anticipated services to
be completed in the next billing cycle.
B. During the wet weather monitoring season, email correspondence summarizing
forecasts and the potential for wet weather event monitoring will be provided, as
necessary. Go/No-Go decisions for wet weather monitoring events will be
included with appropriate documentation.
C. During dry weather, email correspondence identifying proposed monitoring dates
will be provided at a minimum of once per month.
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Receiving Water Monitoring will be conducted using Anchor QEA personnel and
subcontracted analytical laboratories. Key staff and their primary roles and
responsibilities include the following:
• Andrew Martin, Project Manager (Anchor QEA)
• Shelly Anghera, Ph.D., Principal in Charge (Anchor QEA)
• Wendy Hovel, Ph.D., Quality Assurance/Quality Control Lead (Anchor QEA)
• Vada Yoon, D. Env., Compliance and Technical Support Lead (Anchor QEA)
• Chris Osuch, Field Operations and Health and Safety Lead (Anchor QEA)
01203.0022/287800.4
• Additional Anchor QEA field support, data management, and reporting personnel,
as needed
• Eurofins Calscience, Inc. — Analytical Chemistry
• Applied Microbiological Services — Analytical Microbiology
• Nautilus Environmental — Toxicity Testing
B. Outfall Monitoring will be conducted using personnel from Anchor QEA and our
teaming partner, Alta Environmental, and subcontracted analytical laboratories. Key
staff and their primary roles and responsibilities include the following:
• Andrew Martin, Project Manager (Anchor QEA)
• Shelly Anghera, Ph.D., Principal in Charge (Anchor QEA)
• Wendy Hovel, Ph.D., Quality Assurance/Quality Control Lead (Anchor QEA)
• Vada Yoon, D. Env., Compliance and Technical Support Lead (Anchor QEA)
• Garth Englehorn, Field Operations and Health and Safety Lead (Alta
Environmental)
• Additional Anchor QEA and Alta Environmental field support, data management,
and reporting personnel, as needed
• Eurofins Calscience, Inc. — Analytical Chemistry
• Applied Microbiological Services — Analytical Microbiology
• Nautilus Environmental — Toxicity Testing
01203.0022/287800.4
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
• Section 1.5 "Familiarity with Work" is hereby revised to read as follows:
"By executing this Agreement, Consultant represents that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant represents that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer."
• Section 4.5 "Prohibition Against Subcontracting or Assignment" is hereby revised to read
as follows:
"The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity, except those identified in Exhibit A, to
perform in whole or in part the services required hereunder without the express written approval
of the City. In addition, neither this Agreement nor any interest herein may be transferred,
assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for
the benefit of creditors or otherwise, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in concert
of more than twenty five percent (25%) of the present ownership and/or control of Consultant,
taking all transfers into account on a cumulative basis. In the event of any such unapproved
transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved
transfer shall release the Consultant or any surety of Consultant of any liability hereunder
without the express consent of City."
• Section 5.2 "General Insurance Requirements" is hereby revised so the first and second
paragraphs read as follows:
"All of the above policies of insurance, except for Professional Liability and Worker's
Compensation, shall be primary insurance and shall name the City, its elected and appointed
officers, employees and agents as additional insureds and any insurance maintained by City or
its officers, employees or agents may apply in excess of, and not contribute with Consultant's
insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it
may have against the City, its officers, employees and agents and their respective insurers.
01203.0022/287800.4
Moreover, the insurance policy must specify that where the primary insured does not satisfy the
self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written
notice by certified mail return receipt requested to the City except ten (10) days for premium
non-payment. In the event any of said policies of insurance are cancelled, the Consultant shall,
prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1
to the Contract Officer."
• Section 5.2 "General Insurance Requirements" is hereby revised so the fourth and fifth
paragraphs read as follows:
"All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY
SHALL MAIL THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO
CERTIFICATE HOLDER NAMED HEREIN EXCEPT TEN (10) DAYS FOR
PREMIUM NON-PAYMENT.
[to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds (except on Professional Liability and
Worker's Compensation) as respects: liability arising out of activities Consultant performs;
products and completed operations of Consultant; premises owned, occupied or used by
Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. Consultant's
insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability."
• Section 5.3 "Indemnification", sub -section (a), is hereby revised to read as follows:
"Consultant will defend any action or actions filed in connection with any of said claims
or liabilities and will pay all costs and expenses, including legal costs and reasonable attorneys'
fees incurred in connection therewith;"
• Section 5.3 "Indemnification", sub -section (c), is hereby revised so the first paragraph
reads as follows:
01203.0022/287800.4
B-31
"In the event the City, its officers, agents or employees is made a party to any action or
proceeding filed or prosecuted against Consultant for such damages or other claims arising out of
or in connection with the negligent performance of or failure to perform the work, operation or
activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or
employees, any and all costs and expenses incurred by the City, its officers, agents or employees
in such action or proceeding, including but not limited to, legal costs and reasonable attorneys'
fees."
• Section 7.3 "Retention of Funds" is hereby revised to read as follows:
"Consultant hereby authorizes City to withhold from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may
reasonably be in dispute hereunder due to the failure of Consultant to perform the disputed
portion of the work in accordance with the standards of this Agreement or which are necessary to
compensate City for any losses, costs, liabilities, or damages suffered by City due to
Consultant's negligence, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's negligent acts or omissions in performing or failing to perform
Consultant's obligation under this Agreement. In the event that any claim related to the
Consultant's negligence is made by a third party, the amount or validity of which is disputed by
Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien,
City may withhold from any payment due, without liability for interest because of such
withholding, an amount sufficient to cover such claim. The failure of City to exercise such right
to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure,
indemnify, and protect City as elsewhere provided herein."
01203.0022/287800.4
B-32
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks according to the costs provided in
Exhibit C-1.
II. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed $1,021,350.00 as provided
in Section 2.1 of this Agreement.
V. Consultant shall be compensated for the Services on a time and materials basis, only
for work actually performed, according to the rate sheet attached as Exhibit C-2.
01203.0022/287800.4
B-33
EXHIBIT C-1
SCHEDULE OF COSTS PER TASK
01203.0022/287800.4
Exhibit C-1
►��I.L�1�1���1*leT•�C�9
Contract Total Per year $ 272,300 $ 238,750 $ 247,900 $ 262,400
Maximum Contract Total (4 years) $ 1,021,350
B-35
Task Description
Year 1
Year 2
Year 3
Year 4
Receiving Water Monitoring
Sampling Plan and Integrated Health and Safety Plan
$
7,600
$
-
$
-
$
-
Receiving Water Sampling
$
20,200
$
20,850
$
21,500
$
22,100
Sample Analysis and QA/QC
$
50,300
$
24,350
$
25,100
$
28,550
Electronic Data Management and Reporting
$
11,700
$
9,500
$
9,800
$
10,100
Receiving Water Monitoring Subtotal
$
89,800
$
54,700
$
56,400
$
60,750
Outfall Monitoring
Sampling Plan and Integrated Health and Safety Plan
$
13,900
$
2,000
$
-
$
-
Outfall Sampling
$ 119,750
$
125,400
$
133,150
$
141,600
2 Flowmeters (Optional)
$
18,450
$
18,200
$
18,750
$
19,300
Sample Analysis and QA/QC
$
24,200
$
31,000
$
31,950
$
32,900
Electronic Data Management and Reporting
$
6,200
$
7,450
$
7,650
$
7,850
Outfall Monitoring Subtotal (with optional costs)
$ 182,500
$
184,050
$
191,500
$
201,650
Contract Total Per year $ 272,300 $ 238,750 $ 247,900 $ 262,400
Maximum Contract Total (4 years) $ 1,021,350
B-35
EXHIBIT C-2
RATE SHEET FOR TIME AND MATERIALS
01203.0022/287800.4
i
Corporation Name: Anchor QEA, LLC
Rates Effective Beginning: January 1, 2016 Ending: December 31, 2016
Base labor rates will have a 4 percent annual escalation rate, starting January 1, 2017.
Principal Engineer/Scientist
Senior Managing Engineer/Scientist
Managing Engineer/Scientist
Senior Engineer/Scientist
Staff 3 Engineer/Scientist
Staff 2 Engineer/Scientist
Staff 1 Engineer/Scientist/Biologist
Senior Design/CAD
Design/CAD
Technical Editor/Project Coordinator
Field Technician
$ 230
$ 203
$ 189
$ 168
$ 148
$ 133
$ 112
$ 117
$ 98
$ 98
$ 95
10 Subconsultants
5 Travel and Other Direct Costs (field equipment and supplies)
CADD
$10/hour
Reproduction—B&W
regular
$0.15/page
Graphic Plots (per plot size)
$3 - $6 /sf
Reproduction—B&W
oversized
$1.00/page
Communications
$20/person
Reproduction—Color
regular
$1.00/page
IRS Mileage
Mileage
Reimbursement
Reproduction—Color
oversized
$1.50/page
Rate
B-37
Anchor QEA Truck
100
day
Autosampler (Portable)
775
event
Autosampler Teflon -lined Tubing
2
foot
Confined Space Equipment
200
day
Digital Camera
5
day
Digital Video Camcorder
25
day
Field Laptop
75
day
Field Sampling Gear (sediment)
20
day
Field Sampling Gear (water quality)
5
day
Flow meter — with Area Velocity Sensor
2,975
year
Flowmeter — handheld
150
day
GPS - Handheld
20
day
Health and Safety Equipment (PPE)
20
day
Individual parameter Water Quality Meters
30
day
Installation Hardware
50
site
Installation Tools
35
day
Laser Range Finder
10
day
Multiparameter Water Quality Sonde
100
day
Portable Flow/Water Level Recorder
225
event
Pump, Peristaltic
75
day
Sample Bottles —Glass, 10L
10
event
Sample Intake Strainer (stainless steel or Teflon)
95
unit
Small Boat Rental
300
day
Swing Sampler Pole/Depth Integrated Sampler
35
event
Traffic Control Equipment
50
day
Water Sampler (Van Dorn) 1
30
day
The attached summary rate sheet and rate tables are business confidential, shall not be disclosed outside Rancho Palos Verdes and shall not
be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this proposal. If a contract is awarded to this offer
or as a result of, or in connection with the submission of this data, Rancho Palos Verdes shall have the right to duplicate, use, or disclose the
data to the extent provided in the contract.
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule to be
developed by Consultant and subject to the written approval of the Contract Officer
and the City Attorney's office.
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. For the Receiving Water Monitoring Program, the following deliverables will be
provided to the City by the following dates:
i. Draft Sampling and Analysis Plan (SAP) with an integrated Health and
Safety Plan (HASP) within thirty (30) days of Notice to Proceed;
ii. Final SAP and HASP within sixty (60) days of Notice to Proceed;
iii. Receiving Water Monitoring Field Reports (one (1) each for three (3)
separate wet weather monitoring events and two (2) separate dry weather
monitoring events) within fourteen (14) days of the sampling event;
iv. Electronic data packages in the California Environmental Data Exchange
Network (CEDEN) format submitted by June 1 and December 1 of each
year; and,
V. Technical memorandum identifying annual recommendations for adaptive
management submitted by September 1 of each year.
B. For the Outfall Monitoring Program, the following deliverables will be provided
to the City by the following dates:
i. Draft SAP with an integrated HASP within thirty (30) days of Notice to
Proceed;
ii. Final SAP with an integrated HASP within sixty (60) days of Notice to
Proceed;
iii. Outfall Monitoring Field Reports (one (1) each for three (3) separate wet
weather monitoring events and two (2) separate dry weather monitoring
events) within fourteen (14) days of the sampling event;
iv. Electronic data packages in the CEDEN format submitted by June 1 and
December 1 of each year; and,
V. Technical memorandum identifying annual recommendations for adaptive
management submitted by September 1 of each year.
III. Certain services are to be performed annually as provided in Exhibit C-1. The term
of this Agreement, unless otherwise terminated in accordance with Article 7, shall
be two (2) years, with the option to continue for two (2) additional one (1) year
terms. The Contract Officer may approve extensions for performance of the
services in accordance with Section 3.2.
01203.0022/287800.4