RPVCCA_CC_SR_2013_01_15_G_Professional_Services_Contract_Blais_&_AssociatesCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
LES JONES,INTERIM DIRECTOR OF PUBLIC WOR~L2
JANUARY 15,2013 rr--
APPROVE CONTRACT FOR PROFESSIONAL
SERVICES WITH BLAIS &ASSOCIATES,INC.
CAROLYN LEHR,CITY MANAGER 09-
Ron Dragoo,Senior Civil Engineer ~
RECOMMENDATION
1.Award a contract for Professional Services to Blais &Associates,Inc.for an amount
up to $55,180 for Grant Management services for the San Ramon Canyon Storm
Drain Project.
2.Authorize the Mayor and City Clerk to execute a contract for Professional Services
with Blais &Associates,Inc.for an amount not to exceed $55,180.
BACKGROUNDI DISCUSSION
In December 2011,the City of Rancho Palos Verdes received a commitment letter from the
Department of Water Resources (DWR)indicating the City's proposal for a Proposition 1E,
Round 1 Stormwater Flood Management Grant had been selected for funding.City and
DWR staff developed specific conditions and requirements that were incorporated into the
Grant Agreement,which was executed in October 2012 (Attachment A).
Requirements of the Grant Agreement between the DWR and the City mandate the
preparation and submission of specific reports including:Quarterly Progress Reports,
Reimbursement Reports,Project Completion Report and Post-Performance Reports.
Additionally,the City is required to create and retain all forms,contracts and files as
required by the Grant Agreement.
To that end the City's Grant Consultant,Blais &Associates was asked to provide a
proposal to assist City staff with managing the requirements of the grant (Attachment B).
Staff has worked with Blais &Associates most recently on a monthly basis to discuss
current and potential citywide grant activities.Blais &Associates developed,in conjunction
G-1
with staff,and submitted the application for the San Ramon Canyon Stormwater Flood
Reduction Project,which resulted in the award of a grant in the amount of $9,464,727.
The City is required to provide a cost share funding match in the amount of 50%of the total
project cost (estimated to be $18,929,455).Staff is confident that Blais &Associates will
be able to provide the services required to successfully complete the reporting,invoicing
and file management requirement of the grant.
The assistance provided to the City through Blais &Associates Grant Management
services are vital to the successful reporting,record keeping and timely submission of
required documents to the DWR.Current staffing levels in the Public Works Department
cannot accommodate the additional time required to accomplish all the reporting and
specific grant management tasks required through the Grant Agreement.The Grant
Agreement allows the City to include reimbursement costs associated with Project
Administration.
The proposed Professional Services Agreement with Blais &Associates,Inc.is included as
Attachment C.All costs associated with an agreement with Blais &Associates for grant
management will be paid out of the City's General Fund.Funds for this component of the
San Ramon Canyon Storm Drain Storm Drain Project are available in the City's Water
Quality and Flood Protection Program Budget.
Project Schedule Update:
The City has prequalified its bidders and the Project is currently out to bid.Prequalified
bidders'bids will be opened on January 24,2013.Staff anticipates awarding the
construction contract on or around February 19,2013 and the commencement of
construction in March 2013.
CONCLUSIONS
Staff recommends approval of a Professional Services Agreement to Blais &Associates,
Inc.,in the amount not to exceed $55,180,and authorizing the Mayor and City Clerk to
execute that contract,in order to assist staff with the project administration task of grant
management.
FISCAL IMPACT
There is no direct fiscal impact.Funds are available in the Water Quality Flood Protection
Program fund and have been identified in the FY 2012/2013 budget for this purpose.
Attachments:A.
S.
C.
Grant Agreement
Grant Management Proposal
Professional Services Agreement
G-2
Attachment A
..
GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES)AND
CITY OF RANCHO PALOS VERDES,AGREEMENT NUMBER 4600009642
PROPOSITI()N 1E ROUND 1 STORMWATER FLOOD MANAGEMENT GRANTS
CALIFORNIA WATER CODE §83002 and PUBLIC RESOURCES CODE §5096.827 ET SEQ
THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the
State of California,herein referred to as the "state"and the City of Rancho Palos Verdes,a public
agency in the County of Los Angeles,State of California,duly organized,existing,and acting pursuant
to the laws thereof,herein referred to as the "Grantee",which parties do hereby agree as follows:
".
1.PURPOSE.State shall provide a grant from the Disaster Preparedness and Flood Prevention Bond Act
of 2006 (Public Resources Code (PRe)§5096.827 et seq.)to Grantee to assist in financing the project
associated with the San Ramon Canyon Stormwater Flood Reduction Project for the stormwater
FloodManagement rSWFM}Program,collectively referred to as "SWFM Program."
2.TERM OF GRANT AGREEMENT.The term of this Grant Agreement begins on the date this Grant
Agreement Is executed by the state,and terminates on October 3,2014,or when all of the PartieS'
obligations under this Grant Agreement are fuJly,satlsfied,whichever occurs earlier.Execution date
is the date the State signs this Grant Agreement indicated on page 8.
3.GRANT AMOUNT.The maximum amount payable by state under this Grant Agreement shall not
exceed $9,464,727.Reimbursement of grant funds may be claimed after December 21,2011..'
4.GRANTEE COST SHARE.The reasonable costs for this Grant Agreement are estimated to be
$18;929,455.Grantee shall provide a Cost Share (Funding Match)in the amount of at least 50%of
the total project cost.Grantee's Funding Match is estimated to be $9,464,128.Grantee's Funding
Match may include cost share performed after September 30,2008.Funding Match consists of non-
state funds iDeluding in-kind s.ervices.In-kind serviCeS are defined as work performed (i.e"dollar
value of non-cash contributions)by the Grantee (and potentially other parties involved)directly
related to the execution of the scope of work (examples:volunteer services,equipment use,and
.facilities).For Funding Match guidance,see exhibit G.
5.GRANTEE'S RESPONSIBILITY.Grantee shall faithfUlly and expeditiously perform or cause to be
performed all project work as described in exhibit A (Work:Plan)and in accordance with ExhibIt B
(Schedule)and Exhibit C (Budget).Grantee shall comply with all of the terms and conditions of this
Grant Agreement and applicable PRC and CWC requirert:lents.
6.BASIC CONDITIONS.State shall have no obligatio"nfb disburse money for a project under this Grant
Agreement unless and until Grantee has satisfied the folloWing conditions in accordance with the
Disaster Preparedness and Rood Prevention Bond Act of 2006.
a)Grantee demonstrates the availability of sufficient funds-to complete the project.as stated in
the Grant Award/Commitment Letter,by submitting the !;nost recent 3 years of audited financial
statements.
b)For th~term of this Grant Agreement,Grantee submits timely Quarterly Progress Reports as
required by Paragraph 16,"Submission of Reports."
c}Grantee submits all deliverables as specified in Paragraph 16 of this Grant Agreement and in
ExhIbit A.
dJ Prior to the commencement of construction or Implementation activities,Grantee shall submit
the following to the Stafe:
1}Final plans and specifications certified bya Califbrnia Registered Civil Engineer as to
compliance for the approved project as listed in Exhibit A of this Grant Agreement.
2)Work that is subject to the California Environmental Quality Act (CEQA)and or
en'vironmental permitting shall not proceed under this Grant Agreement until the folloWing
actions are performed:-
G-3
Grant Agreement No.4600009642
Page 2 of41
I.Grantee submits all applicable environmental permits as indicated on the
Environmental Information Form to the state,
ii.Documents that satisfy the CEQA process are received by the state,
iii.State has completed its CEQA compliance review as a Responsible Agency,and
iv.Grantee receives written concurrence from the state of Lead Agency's CEQA
document(s)and state notice of verification of environmental permit submittal..
State's concurrence of Lead Agency's CEQA documents is fully discretionary and shall
constitute a condition precedent to any work (i.e.,construction or implementation activities)
for which it is required.Once CEQA docum.entation has been completed,State will consider
the environmental documents and decide whether to continue to fund the project or to
require changes,alterations or other mitigation.Grantee must also demonstrate that it has
complied with all applicable requirements of the National Environmental Policy Act by
submitting copies of any environmental documents,including environmental impact
statements,Finding of No Significant Impact,mitigation monitoring programs,and
environmental permits as may be required prior to beginning construction/implementation.
3)A monitoring plan as requi~ed by Paragraph 21,"Project Monitoring Plan Requirements."
7.DISBURSEMENT OF GRANT FUNDS.FollOWing the review of each invoice,state will disburse to Grantee
the amount approved,SUbject to the availability of funds through normal State processes.
Notwithstanding any other provision of this Grant Agreement,no disbursement shall be required at
any time or in any manner which is in Violation of,or in confllct with,federal or state laws,rules,or
regulations,or which may require any rebates to the federal government,or any loss of tax-free
status on state bonds,pursuant to any federal statute or regulation.Funds will be disbursed by State
in response to each approved invoice in accordance with the Exhibit C.Any and all money
disbursed to Grantee under this Grant Agreement and any and all interest earned by Grantee on
such money shall be used solely to pay Eligible Costs.
8.ELIGIBLE PROJECT COST.Grantee shall apply state funds received only to eligible Project Costs in
accordance with applicable provisions of the low and Exhibit C.Eligible project costs Include the
reasonable costs of studies,engineering,design,land and easement acquisition,legal fees,
.preparation of environmental documentation,environmental mitiga"tions,monitoring:and project
construction.Work performed after the date of grant award,December 21,2011,shall be eligible for
reimbursement.Reasonable administrative expense~may be included as Project Costs and will
depend on the complexity of the project preparatiQn,planning,coordination,construction,
acquisitions,implementation,and maintenance.Reimbursable administrative expenses are the
necessary costs incidentally but directly related to the 'project including tDe portion of overhead and
administrative expenses that are directly related to the project included in this Grant Agreement in .
accordance with the standard accounting practices of the Grantee.
Advanced funds will not be provided.Costs that are not reimbursable with grdnt funds cannot be
counted as cost share.Costs that are not eligible for reimbursemenflnclude but are·not limited to:
a)Costs,other thaJ:)those noted above,incurred prior to the award date of the Grant.
b)Operation and maintenance costs,including post construction performance and monitoring
costs..
c)Purchase of.equipment not an integral part of a project.
d)Establishing a reserve fund.
e)Purchase of water supply.
f)Monitoring and assessment costs for efforts required after project construction is complete.
g)Replacement of existing funding sources for ongoing programs.
h}Travel and per diem costs.
i)Support of existing agency requirements and mandates (e.g.punitive regulatory agency
requirements)..
j)Purchase of land in excess of the minimum required acreage necessary to operate as an
integral part of a project,as set forth and detalled by engineering and feasibility studies,or land
purchased prior to the effective aate of the grant award with the state.
G-4
Grant Agreement No.4600009642
Page30f41
k)Payment of principal or interest of existing'indebtedness or any interest payments unless the debt
is incurred after execution of this Grant Agreement,the state agrees in writing to the eligibility of
the costs for reimbursement before the debt is incurred,and the purposes for which the debt is
incurred are otherwise eligible costs.However,this will only be allowed as Grantee Cost Share
(I.e.Funding Match)
I)Overhead not directly related to project costs.
9.METHOD OF PAYMENT.After the disbursement requirements In Paragraph 6 "Basic Conditions"are
met,State will disburse the whole or portions of the Grant Amount to Grantee,folloWing receipt from
Grantee of an invoice for costs incurred,and timely Quarterly Progress Reports as required by
Paragraph 16,"Submission of Reports."
Invoices submitted by Grantee shall Include the folloWing Information:
a)Costs incurred for work performed in implementing the project during the period identified in the
particular invoice.
b)Costs incurred for any interests in real property (fand or easements)that have been necessarily
acquired for a project during the period identified in the particular invoice for the
implementation of a project.
c)Appropriate receipts and reports for all costs incurred.
d)Invoices shall be submitted on forms provided by state and shall meet the following format
requirements:.
1)Invoices must contain the date of the invoice,the time period covered by the invoice,and
the total amount due.
2)Invoices must be itemized based on the categories (I.e.,tasks)specified In the Exhibit C.Hie
amount Claimed for salariesiwages/consultant fees must include a calculation formula (i.e.,
hours or days worked times the hourly or daily rate:::the total amount claimed).
3)Sufficient evidence (i.~.,receipts,copies of checks,time sheets)must be pr~vided for all
costs included in the invoice.
4)Each invoice shall clearly delineate those costs claimed for reimbursement from the state's
grant amount,as depicted in Paragraph 3,"Grant Amount"and those costs that represent
Grantee's costs,as applicable,in Paragraph 4,"Grantee Cost Share.".
5)Original signature and date (in ink)of Grantee's Project Manager.
Payment will be made no more frequent than monthly,in arrears,upon receipt of an invoice
bearing the Grant Agreement number.Submit one original Invoice form (signature and date in Ink)
to the following address:
Department of Water Resources
Attention:Tanya Meeth
P.O.Box 942836
Sacramento,CA 94236·0001
10.WITHHOLDING OF GRANT DISBURSEMENT BY STATE.If state determines that a project is not being
implemented in accordance with the provisions of this Grant Agreement,or that Grantee has failed
in any other respect to comply with the provisions of this Grant Agreement and if Grantee does not
remedy any such failure to state's satisfaction,state may withhold from Grantee all or any portion of
the Grant Amount and take any other action that it deems necessary to protect its interests.State
may require the Grantee to immediately repay all or any portion of the disbursed grant amount with
interest,consistent with its determination.State may consider Grantee's refusal to ~epay the
requested disbursed grant amount a contract breach subject to the default provisions in Paragraph
12,"Default Provisior)s."
11.CONTINUING ELIGIBILITY.Grantee must meet the following ongoing requirements to remain eligible
to receive state grant funds:
aJ TImely adoption of an IRWM Pla~that meets the requirements contoined in Part 2.2 cif Division 6
of tt)e CWC,commencing with Section 10530.
G-5
Grant Agreement No.4600009642
Page 4 oj41
b)An urban water supplier that receives grant funds governed by this Grant Agreement shall
maintain compliance with the Urban Water Management Planning Act (CWC§10610 et.seq.).
12.DEFAULT PROVISIONS.Grantee will be in default under this Grant Agreement if any of the following
occur:
a)Breach of this Grant Agreement,or any supplement or amendment to it or any other
,agreement between Grantee and State evidencing or securing Grantee's obligations.
b}Making any false warranty,representation,or statement with respect to this Grant Agreement.
c)Failure to operate or maintain project in accordance with this Grant Agreement.
d)Failure to make any remittance required by this Grant Agreement.
e)Failure to comply with Labor Compliance Program (LCP)requirements.
f}Failure to meet any of the requirements set forth in Paragraph 11,"Continuing Eligibility."
Should an event of default occur,State may do any or all of the following:.
g}Declare the Grant be immediately repaid,with interest which shall be equal to state of
California general obligation bond interest rate in effect at the time of the default.
h)Terminate any obligation to make future payments to Grantee.
i}Terminate the Grant Agreement.
j)Take any other action that It deems necessary to protect its interests.
13.PERMITS.LICENSES,APPROVALS,AND LEGAL OBLIGATIONS:Grantee shall be responsible for ensuring
any and all permits,licenses,and approvals required for performing their obligations under this
Grant Agreement are obtained,and shall comply with CEQA (PRC Sectioll21000 et seq.)and other
applicable federal,State and local laws,rules,and regulations,guidelines,and requirements for the
project described in Exhibit A of this Grant Agreement..
14.RELATIONSHIP OF PARTIES.Grantee Is solely responsible for design,construction,and operation and
maintenance of project within this Grant Agreement.Review or approval of plans,specifications,
bid documents,or other construction documents by state is solely for the purpose of proper
administration of grant funds by State 'and shall not be deemed to relieve or restrict responsibilities of
Grantee under this Grant Agreement.
15,GRANTEE REPRESENTATIONS.Grantee accepts and agrees to comply with all terms,provisions,
conditions,and commitments of this Grant Agreement,including all incorporated documents,and
to fulfill all written assurances,declarations,representations,and statements made by Grantee in
the application,documents,amendments,and communications filed in support of Its request for ,
The Disaster Preparedness and Flood Prevention Bond Act of 2006 financing.
16,SUBMISSION OF REPORTS,The submittal,and approval of all reports is a requirement for the successful
completion of this Grant Agreement.Reports shall meet generally accepted professional standards
for tE!chnical reporting and shall be proof read for content numerical accuracy,spelling,and
grammar prior to submittal to State.All reports shall be submitted to the state's Project Manager,
and ~hall be submitted in,electronic form.If requested,Grantee shan promptly provide any
additional information deemed necessary by state for the approval of reports.Reports shall be
presented in the formats described in the applicable portion of Exhibit E.The timely submittal of
reports is a requirement for initial and continued disbursement of State funds.Submittal and
subsequent approval by the State,of a Project Completion Report is a requirement for the release
of any funds retained for such project,
o Quarterly ProgreSS Reports:Grantee shall SUbmit Quarterly Progress Reports to meet the State's
requirement for disbursement of funds.Quarterly Progress Reports shall be submitted in
electronic format,to the State's Project Manager.Quarterly Progress Reports shall,in part,
provide a brief description of the work performed,Grantees activities,milestones achieved,any
accomplishments and any problems encountered in the performance of the work under this
Grant Agreement during the reporting period.The first Quarterly Progress Report shOUld be
submitted to the State no later than October 31 st,2012 with future reports then due on
successive three-month increments based on the invoicing schedule and this date.
G-6
Grant Agreement No.4600009642
PageS 0/41
o Project Completion Reports:Grantee shall prepare and submit to State a separate Project
Completion Report for the project included in ExhIbit A.Grantee shall submit a Project
Completion Report within ninety (90)calendar days of project completion.The Proj~ct
COmpletion Report shall include.in part a description of actual work done,any changes or
amendments to the project and a final schedule showing actual progress versus planned
progress,copies of any final documents or reports generated or utilized during a project,and
how the project will further the goals of the IRWM Plan and identify any changes to the IRWM
Plan,as a result of project implementation.The Project Completion Report shall also include.jf
applicable.certification of final project by a registered civil engineer.consistent with Standard
Condition D-15."Final Inspections and Certification of Registered Civil Engineer."A OWR
"Certification of Project Completion"form will be prOVided by the state.
II Post-Performance Reports:Grantee shall submit Post-Performance Reports.Post-Performance
Reports shall be submitted to State within ninety (90)calendar days after the first operational
year of a project has elapsed.This record keeping and reporting process shall be repeated
annually for a total of 10 years after the completed project begins operation.
17.PROJECT PERFORMANCE AND ASSURANCES.Grantee agrees to faithfully and expeditiously perform
or cause.to be performed all project work as described in the final plans and specifications for the
project under this Grant Agreement and implement the project in accordance With applicable
provisions of the law.In the event State finds it necessary to enforce this prOVision of this Grant
Agreement in the manner provided by law,Grantee agrees to pay all costs incurred by state
including.but not limited to,reasonable attorneys'fees.legal expenses,and costs.
18.LABOR COMPLIANCE.Grantee agrees to comply with all applicable California labor Code
requirements,including prevailing wage provisions.
19.OPERATION AND MAINTENANCE OF PROJECT.For the useful life of construction and implementation
project ~;md in consideration of the Grant made by st~te,Grantee agrees to ensure or cause to be
performed the commencement and continued opera.tion'of the project,and shall ensure or cause
the project to be operated in an efficient and economical manner;shall ensure all repairs,renewals.
and replacements necessary to the efficient operation of the same are provided;and shall ensure
,or cause the same to be maintained in as good and efficient condition as upon its construction.
ordinary and reasonable wear and depreciation excepted.The State shall not be liable for any cost
of such maintenance.management,or operation.Grantee may be excused from operations and
maintenance only upon the written approval of the State.For purposes of this Grant Agreement,
"useful life"means period during which an asset,property,or activity is expected to be usable for
the purpose it was acquired or implemented;"operation costs"include direct costs incurred for
material and labor needed for operations,utilities,insurance.and similar expenses.and
"maintenance costs"include ordinary repairs and replacements of a recurring nature necessary for
capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct
capital assets or basic structures.Refusal of Grantee to 'ensure operation and maintenance of the
project in accordance with this provision may,at the option of state,be considered a breach of this
Grant Agreement and may be treated as default under Paragraph 12,"Default Provisions.II
20.STATEWIDE MONITORING REQUIREMENTS.Grantee shall ensure that all projects that include
groundwater monitoring requirements are consistent with the Groundwater Quality Monitoring Act
of 2001 {Part 2.76 (commencing with Section 10780)of Division 6 of ewC)and,where applicable,
that projects that affect water quality shall include a monitoring component that allows the
integration of data into statewide monitoring efforts,including where applicable.the Surface Water
Ambient Monitoring Program carried out by the State Water Resources Control Board.
21.PROJECT MONITORING PLAN REQUIREMENTS.exhibit A of this Grant Agreement shall contain
activities to develop and submit to State a Project Monitoring Plan.Along with the Attachm~nt6
Project Performance Measures Table requirements outlined on page 19 of the Proposition 1E Round
1 SWFM Proposal Solicitation Package,the'Project Monitoring Plan should also include:
a)Baseline conditions.
G-7
Grant Agreement No.4600009642
Page 60/41
b)Brief discussion of monitoring systems to be utilized.
cJ Methodology of monitoring.
d)Frequency of monitoring.
e)Location of monitoring points.
A Project Monitoring Plan shall be submitted to the state prior to disbursement of grant funds for
construction or monitoring actIvities.See Exhibit F ("Requirements for Data Submittalfl
)for web links
and information regarding other State monitoring and data reporting requirements.
22.NOTIFICATION OF STATE.Grantee shall promptly notify state,in writing,of the following Hems:
aJ Grantee agrees that no substantial change in the scope of a project will be undertaken until
written notice of the proposed change has been provided to State and State has given written
approval for such change.SUbstantial changes generally include changes to the
wording/scope of work,schedule or term,and budget.See ExhibH G for guidance on
Agreement Amendment requirements.
b)Any public or media event pUblicizing the accomplishments and/or results of this Grant
Agreement and provide the opportunity for attendance and participation by State's
representatives.Grantee shall make such notification at least fourteen (14)calendar days prior
to the event..
c)Completion of work shall include final inspection'of project by a Registered Civil Engineer,as
determined and required by State,and in accordance with Standard Condition 0-15 (Final
Inspections and Certification of Registered Civil Engineer).·Furthermore,the Grantee shall
provide the state the opportunity to participate in the inspection.Grantee shall make such
notification at least fourteen (14)calendar days prior to the final inspection.
23.NOTICES.Any notice,demand,request,consent,or approval that either party desires or is required
to give to the other party under this Grant Agreement shall be In writing.Notices may be transmitted
by any of the following means:(i)by delivery in person;(il)by certified U.S.mail,return receipt
requested,postage prepaid;(iii)by "o vernightfl delivery service;provided that next-business-day
delivery is requested by the sender;or (iv)by electronic means.Notices delivered in person wlll be
deemedeffective'immediately on receipt (or refusal of delivery or receipt).Notices sent by certified
mail will be deemed effective given ten (10)calendar days after the date deposited With the U.S.
Postal Service.Notices sent by overnight delivery service will be deemed effective one business day
after the date deposited with the delivery service.Notices sent electronically will be effective on the
date of transmission.Notices shdll be sent to the below addresses.Either party may,by written
notice to the other,designate a different address that shall be substituted for the one below.
24.PERFORMANCE EVALUATION.Upon completion of this Grant Agreement,Grantee's perforllJance
will be evaluated by the State and a copy of the evaluation will be placed in the state file and a
copy sent to the Grantee.
25.PROJECT REPRESENTATIVES.The Project Representatives during the term of this Grant Agreement are
as follows:.
Department of Water Resources
Paula Landis .
Chief,Division of IRWM
P.O.Box 942836
Sacramento,CA 94236-0001
Phone:(916)651-9220
e-mail:plandls@water.ca.goY
City of Rancho Palos Verdes
rom Odom .
Director of Public Works
30940 Hawthome Blvd.
Rancho Palos Verdes,CA 90275
Phone:(310)544-5252
e-mail:tomo@rpv.com
G-8
Grant Agreement No.4600009642
Page8of41
IN WITNESS WHEREOF,the parties hereto have executed this Grant Agreement.
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
po~tX1f:cruef
Division of Integrated Regional Water
Management
Date /&1-3/72.-.-:I
Approved as to Legal Form and Sufficiency
CITY OF RANCHO PALOS VERDES
+el'1'T"&i~F¥'I ..:n ......."""ClII.D~Ci<56N
of Public Works
Date_l_O-_t_2-_t1---_
G-9
Grant Agreement No.4600009642
Page 9 0[41
EXHIBIT A
WORK PLAN
Work Plan
Goals and Objectives:The primary objective of the San Ramon Ca nyon Stormwater Flood Reduction Project is
to manage storm water runoff to reduce flood damage in the area.The selected project will also achieve the
following objectives:
1}Diminish erosion and undercutting in'the canyon to protect Palos Verdes Drive East (PVDE)
switchbacks and adjacent sewer line.'
2)Substantially reduce the amount offlow being delivered to the existing,and overwhelmed,storm
drain at Palos Verdes Drive South {PVDS}!2sth Street.
3}Improve water quality by substantially reducing erosion and minimizing debris transport to allow
"clear water"flows to reach the existing storm drain at 25th Street,which flows into the ocean.
4}Better accommodate flow from the side slopes within the canyon.Restore and protect the existing
streambed and the surrounding ecosystem.'
5}Provide the highest level offlood protection with the lowest amount ofenvironmental impact.
Project Background:The City of Rancho Palos Verdes (RPV)commissioned a Project Study Report (PSR)in
March,2010,to research and report on the geotechnical requIrements,hydrology and environmental issues
affecting the area,and to develop a number of alternative storm drain ~esign scenarios.The conclusion reached
was that Aiternative lA,this project,is the preferred design.
Protect Detail:rhe project consists of the construction of C!mid-canyon inlet structure,located slightly
upstream of t~e upper switchback along PVOE and the highly~erodible section of the canyon.The inlet structure
Is connected to shoreline outfall with an approximate 3,90D-foot long,54-inch pipe in a "tunnel alignment"that
outlets below the oceanfront bluffs (see Figure 1).The entire length of this storm drain (SO)alignment falls
within RPV allOWing RPV sale jurisdiction.Furthermore,the alignment is almost entirely within ~ity-owned land,
requiring only small maintenance and construction easements.The inlet structure will be located in the
"middle"of San Ramon Canyon,which will intetcept flood waters north of t,he Tarapac.a landslide.The storm
drain conveys flows from the inlet structure southwesterly through a tunnel approximately l,900-feet in length
to a point just south of PVOS.From there,the next approximate 1,70D-feet of the pipeline will be constructed,
using the standard open trench (cut and cover)type of construction running parallel to the City boundary
adjacent to Palos Verdes Shores Mobile Home Park in the City of los Angeles.The pipe will be installed within an
existing dedicated lOO-foot-wide utility easement within Palos Verdes Shoreline Park that was specifically set
aside for utilities such as this proposed storm drain.The 100~foot-wide easement has less strict environmental
impact mitigation requirements,serves as a firebreak for the adjacent mobile home parkl and includes an
informal hiking trail to the ocean,which will be further enhanced by this project.The final approximate aDO-feet
of pipe from the bluff top to the beach will run in a 38%sloped "slant drain"tunnel to an outlet structure
located at the base of the bluff.The portion of the canyon downstream of the mid~canyon inlet structure,which
runs through the Tarapaca landslide,will be back~filled up to 3D-feet deep with dirt.This graVity buttress will
restore the streambed to i~s former elevation,and will stabilize both the canyon side slopes.This portion of the
canyon would convey side slope run-off along an engineered,natural,predominantly soft-bottom creek bed.An
access road from PVOE along the westerly side of the canyon would be constructed above and adjacent to the
creek bed to provide access for Il)aintenance of the upstream inlet structure.
Design Status:Design is complete.Environmental work is nearly complete.Construction is anticipated to
begin in Fall 2012.
G-10
Grant Agreement No.4600009642
Page 10 0/41
Project Map:As shown on Figure 2,the San Ramon Canyon Project falls within the jurisdiction of the City of
Rancho Palos Verdes (RPV)and is generally bounded by:
Northwest:Palos Verdes Drive East {PVDE "switchbacks"(RPV).
Southwest:Palos Verdes shoreline park/Open Space (RPV)
South and Southeast:Palos Verdes Shores Mobile Home ParI<(242 homes)&Golf course (City of LA)and
the Pacific Ocean
Northeast:Friendship County Park (LA County-ownedjRPV)&Tarapaca Road,(RPV,residential)
North:Calle Aventura,PVDE and San Ramon Drive (RPV,residential)
Project Timing and Phasing:The San Ramon Canyon Stormwater Flood Reduction Project is a stand-alone
project.No other projects are essential to obtain the full benefits of the project.
G-11
Work Plan Tasks:
Task 1:Administration.
Grant Administration -Receive,review and execute grant agreement;
process grant request for reimbursements;maintain all grant files;
coordinate qllartetly internal all-hands grant meetings to ensure that grant is
being properly executed;responsible for records retention;audit requests;
ensuring local match funds are budgeted for and available;report to City
Council on status of grant funds;attend requested meetings and inquiries by
DWR;ensure that grant agreement requirements are adhered to by all city
staff and contractors.
Project Administration -Responsible for all aspects of project complying
with grant requirements;approve contractor .invoices and submit to grant
administration;oversee all aspects of project;oversee subcontractors;
ensure project stays on schedule and on budget;facilitate review of
submittals to ensure that materials used comply with that specified;
facilitate responses to requests for information from contractor;report to
City Council on progress of project and report any impediments to success;
assist in completing quarterly and final reports;coordinate and lead all
weekly meetings with contractors associated with project;onsite throughout
the life of project;ensure required inspections are performed ~nd reports
reviewed.Provide quality assurance measures are employed;and oversight
of Construction Manager (CM).
Performance Measures and Monitoring Plan/Data Management and
Monitoring Deliverables for Project:-Develop appropriate Performance
Measures and Monitoring Plan in accordance with the Grant Agreement.
Task 2:Labor Compliance Program.CM,or designated person,will
implement actions necessary to ensure compliance with the Compliance
Monitoring Unit (CMU)Program operated by the Department of Industrial
Relations (OIR).
Task 3:Reporting.P.roject Manager (PM)responsible for submitting
quarterly progress reports,final report,and post-performance reports in
accordance with grant agreement;
(Budget Category (b):Land purchaselta~eme;ft,'lSee.fcisk7SifOJ:rJ~tQjlsr;.
Budget Category te}:Plannjng/DeSignIEirgln~erlifglEiivii.onme1JtitP;,
;CJoeumen'tatlon c,':;;;,;'I,C'·;}·"'.'t,"'}\1";;'\
Task 4:Assessment and Evaluation
-Project Study Report (PSR).Completed.Purpose of study was to develop
a detailed topographical survey,geologICal Investigation and report,a
biological review,an environmental study,development of several
alternative storm drainage designs for consideration,and respective
Grant Agreement No.4600009642
Page 11 of41
-Requests for
reimbursements
-Meeting minutes
-City Council staff reports
-All records-retention
required in Appendix Eof
Prop lE Guidelines
-Performance Measures'
and Monitoring Plan
-Data Management and
Monitoring Oeliverables
consistent with IRWM
Plan Standards and
Guidance
-Department of Industrial
Relations annual report
or equivalent
-Quarterly,Final,and
Post-Performance
reports
,;Submission of Project·
Study Report,Hvdrology
Report,and Geotechnical
R.equirements {complete
-documents previously
G-12
Grant Agreement No.4600009642
Page 120/41
,
Activith1ls/iVIiiestones'..Deliverable!;(specific DWR
,i deliverables in Bold)
budgets for review.
-Hydrology Report.Completed.A hydrology and hydraulics analysis was
performed on the eXisting City oHos Angeles storm drain that begins
ImmE:!diately up-stream of 25 th Street and runs to the ocean discharge
point on the bluff.
Task 5:Plans,Specifications and Estimate (PS&E)/Final Design (Track 1-
Sewer Relocation and Track 2-Storm Drain).Two designs will be
developed:Track 1 for sewer relocation construction and Track 2 for Storm
Drain construction.PM for both tracks will develop and issue Request for
Qualifications;review and evaluate proposals;conduct negotiations and
contract awards with design consultants;obtain Council approval;provide
kick-off meeting with design consultant and;develop the design to 90
percent and final.
Status:Design for Track 1-Sewer Relocation and Track 2-Storm Drainage
design is complete.
Easements.Develop storm drain easement withil"\existing dedicated 100-
foot-wide utility easement;record easements to approximately two,or
possibly three,properties located near upper'PVDE switchback on eastern
side of canyon which extends into the canyon to the stream bed.Avery
small area of each of the properties will be required.The City does,riot
foresee any problem with obtaining easements;record temporary
construction easement for private property up-stream of PVDS!25th Street to
provide access to worksite.
Status:Easements to be acqUired once the designs are final.
Task 6:Environmental Documentation.Track 1-Sewer Relocation:Notice
of Exemption (NOE)completed;Track 2-Storm Drain Construction:
Expanded Initial Study (EIS)completed.Required permits identified (see
below in Task 7 _.Permitting);anticipated draft Mitigated Negatiye
Declaration (MND)and Finding of No Significant Impact (FONSI)to be
submitted;Public review of MND or FONSI expected to take 30 days;
response to comments,FinalIS!EA and MND!FONSI,and Mitigation
Monitoring and Reporting Plan (MMRP)to be developed.Per the EIS,there
are no riparian plant species,hydric solis or conducive hydrology to support a
wetlands habitat within the affected project area.However,San Ramon
Canyon is still a jurisdictional drainage course that is under the jurisdiction of
the Army Corp of Engineers (ACOE)as part of the River and Harbors Act.It is
also under the jurisdiction of the California Department of Fish and Game
(CDFG)and the Los Angeles Regional Water Quality Control Board
(LARWQCB).A drainage alternative that puts an outlet structure on the
beach will come under the jurisdiction of the ACOE (again as part of the River
and Harbors Act)and the LARWQCB.Permits from these agencies will likely
be requi{ed for impacts to jurisdictional waters.Impacts to biological species
and habitat will be mitigated through the Natural Community Conservation
Plan (NCCP)
submitted in Grant
Application (Attachment
3,Appendix A)
-Submission of new or
change order proposals
-Executed contracts with
design team
-Final plans and
specifications
-Submission of recorded
Easements,including
Legal Description
-Cost estimates
-NOE (Track 1)
-Approved and adopted
CEQA/NEPA
documentation (Track 2)
-Submission of Mitigated
Negative Declaration per
CEQA and Finding of No
Significant Impact
(FONSI)per NEPA
G-13
Grant Agreement No.4600009642
Page 13 0141
,;,
Activities/Milestones 'Deliverabfes(specific DWR
deliverables in Bold)
Status:Track 1M Sewer Relocation:CEQA complete (NO E);Track 2-Storm
Drain Construction:All environmental documentation has been submitted to
regulating agencies and comments from those agenci~s have been
addressed.Final approval is anticipated by Summer 2012.
Task 7:Permitting.The Jollowing permits will be obtained:Army Corp of
Engineers (ACOE):Section 9 and 10 of Rivers and Harbors Act will likely
require Section 10 permit;California Department Fish and Game (CDFG):a
CDFG 1602 permit will be required along with a 401 permit;Los Angeles
Regional ~ater quality Control Board (LARWQCB):Permanent Best
Management Practices (BMP's)will be required along with a National
Pollutant Discharge Elimination System (NPDES)construction document as
part of the"LARWQCB requirements or as part of LAC Municipal Separate
Storm Sewer System (MS4)Permit;Coastal Resource Management (CRM)
District:construction area lies within the CRM District with a terrestrial
designation CRM-l0.All marine resources are to be protected against
construction impacts;City Natural Community Conservation Plan (NCCP):
anticipated'ioss of habit has already been mitigated (see Task 10 for details).
Status:Permitting is anticipated to be complete by Summer 2012.,
Budget Category (d):Canstruttidn/fmpJementatUm·,,
Task 8:Construction Contracting.(Track 1-Sewer Relocation and Track 2-.,
Storm Drain).Two tracks will be contracted for:Track 1 M sewer relocation
construction and Track 2 M Storm Drain construction.PM to.develop Notice
InViting Bids (NIB);issue NIB,review and evaluate bids,recommend
selection,obtain City Council approval;issue contract authorization and
Notice to Proceed;host kick-off meeting with selected Contractor(s).
Status:Track 1 Sewer Relocation is complete.Track 2 Storm Drain
construction contracting anticipated to begin in Fall 2012.
Task 9:Construction -Track 1:Sewer Relocation (complete).
The existing 8/1 sewer line was located b~tween the canyon and the PVDE
switchbacks and was in danger of being undermined by the eroding canyon
.and could have been lost in the near future.
Subtask 9.1 Award Contract.Complete.
Subtask 9.2 Mobilization and Site Preparation.Complete.Prepared detailed
program for construction activities;secured necessary bonds,licenses and
insurances;converted cost estimate into project budget and established'
system for tracking actual project costs;organized project site with
provisions for temporary buildings and services,access and delivery,storage
areas and site security;obtained materials and equipment for project;
initiated and arranged for labor force;sourced and awarded larger sub-
contractors,specialist sub-contractors and supply contracts;obtained
written confirmations on issues such as commencement date,possession of
site,initial joint survey,receipt of construction drawings,master program,
etc.
-Permits (Section USACOE
404 Permitl CWA 401
,Certificationl DFG 1602,
CRM-10 expected)
M Advertisement for bids;
pre-bid contractors
meeting;ev~lIuation of
bids;award contract
M •Notice to Proceed
-Documentation of sewer
relocation,including
Inspection Logs and Test
Results •
-Final Construction Plans
and Specifications
-Permits clOd CEQA
documentation
G-14
Activities/Milestones
Subtask 9.3 Prepare NPDES-SWPPP.Complete.(National Pollution Discharge
Elimination System -Stormwater Pollution Prevention Plan)AStorm Water
Pollution Prevention Plan (SWPPP)was developed by the contractor prior to
commencement of work in the field.SWPPP identified pollution prevention
best management practices and activities that were appropriate for the
construction activities.
Subtask 9.4 Project Construction.Complete.The first construction task was
to construct an inlet structure and storm water pipeline from the upper
switchback to pipe the storm water flow directly into the canyon.This
allowed the existing drainage course gUlleyabove the lowerswitchback to be
filled with engineered backfill.The next activity was to fill the gully and install
the sewer,using an open excavation with a shield,in the new alignment
across the filled gulley.On completion of the installation,the sewer was
pressure tested before connecting the existing system with the new
alignment.All disturbed areas were re-vegetated following completion of the
pipeline.
Subtask 9.5 Performance Testing and Demobilization.Complete.The sewer
was inspected during installation for conformance to recognized
construction practices.Upon completion of the installation of the pipeline
and before backfilling the excavated trench,the system was pressure tested
to standards prescribed by specifications.Final connections on both ends of
pipeline were made after successful completion of the pressure test.Final
punch list items were addressed and contractor removed all equipment and
waste materials from area.Landscape mitigation was completed at this
time.
Task 10:Construction ~Track 2:Storm Drain.The larger construction eff9rt
will involve the construction of an access road and inlet structure in mid
canyon adjacent to the upper PVDE switchback.A l,900-foot (approx.)
tunnel will be constructed from the inlet structure to a point below PVDS,
within Shoreline Park.A l,700-foot (approx.)conventional pipeline will be
laid from that point to the top of the bluff,running within RPV,adjacent to
the City Boundary.The final portion of the pipeline consists of a 300-foot
(approx.)tunnel that will be constructed to convey the storm water to the
outlet structure on the beach at the toe of the bluff.Negotiations for this
design are currently under way with the designer who produced the PSR.
Subtask 10.1 Award Contract.
Subtask 10.l Mobilization and Site Preparation.Prepare detailed program
for construction activities;secure necessary bonds,licenses and insurances;
convert cost estimate into project budget and establish system for tracking
actual project costs;organize project site with provisions for temporary
buildings and services,access and delivery,storage areas and site security;
obtain materials and equipment for project;initiate and arrange for labor
force;source and award larger sub-contractors,specialist sub-contractors
and supply contracts;obtain written confirmations on issues such as
commencement date,possession of site,initial joint survey,receipt of
construction drawings,master program,etc.
Grant Agreement No.4600009642
Page 14 of41
Deliverables (specific DWR
deliverables in Bold)
-Inspection Logs and Test
Results
-Construction of
approximately 3,000-feet
of new storm drain. .
-Final Project
Construction Plans,
Specifications and
Estimate
-Permits and CEQ,A
documentation
-NPDES-SWPPP
-Certification of Project
Completion (DWR form)
G-15
Activfties/l\llilestones
Subtask 10.3 Prepare NPDES-SWPPP (National Pollution Discharge
Elimination System -Stormwater Pollution Prevention Plan)- ASWPPP will
be developed by contractor prior to commencement of any physical work in
the field.SWPPP will identify pollution prevention best management
practices and activities that contractor must implement.
Subtask 10.4 Project Construction ..The tunnel section of the pipeline will be
constructed up-stream from below PVQSI dug by and using a shield and
reinforced ribs to form a large diameter "sleevell.A pipe will be installed and
the annular space filled with grout.The conventional pipe line will be
installed using the normal cut and cover method for storm drains.The tunnel
section to the beach will be similar to the long tunnel.The outlet structure
will be constructed with reinforced concrete ,built to Withstand the.corrosive
nature of the ocean.An access road will be constructed to the inlet structure
in the canyon to provide both construction and maintenance access.The
canyon down-stream of the inlet structure will be filled to the maximum
depth of about 30-feet and the drainage course treated to eliminate future
erosion from water flows generated from the down-stream side slopes of the
canyon.The filling of the canyon wlU also assist In the stabilization of the
Tarapaca landslide.The filled canyon/stream bed will be vegetated as a
mitigation measure.
Subtask 10.5 Performance Testing and Demobilization.The project will be
inspected throughout the construction and in addition nine monitoring
points will be accurately installed and regularly read before/"during and after
construction to measure any possible land movement.The establishment of
environmental mitigation measures will be closely monitored for the
required time frame to ensure compliance.By its nature,the storm drainage
system cannot be tested until the first major storm after the completion of
the project.Performance criteria will be established and the system will be
monitored at that time to measure the success of the design and
construction.Should remedial action be r~quired,that will be undertaken at
that time..
"Budget Category (e):Environmental Compliance/Mitigation/Eilhantement
Task 11:Environmental Compliance/Mitigation/Enhancement.Mitigation
measures are reqUired to prOVide re-vegetatlon ofthe streambed and
affected canyon slopes (hydro-seed,planting and 5-year maintenance).
BMP's will be implemented for project and are included in Mitigation
Monitoring Program for water quality.No cultural resources were found to
exist in proximity to location;no presence of Native American cultural
resources was found.
Status:Will begin as outlined in CEQA/NEPA documents.
Budget Category (f):Construction Administration
Tas.k 12:Construction Administration.CM to prepare and execute
contracts;maintain project corres ondence and records;process pay
Grant Agreement No.4600009642
Page 15 of41
Deliverables (specific DWR
deliverables In Bold)
Mitigation reporting-
annual report
-Submission of reports,
change orders;
G-16
Grant Agreement No.4600009642
Page 16 of41
Activities/Milestones Deliverables (specific DWR
deUverables in Bold)
requests and change orders;manage inspection staff;document all plan
changesi preparation of status reports;administer Contract Engineering and
Inspection (CEI)contracts.
Status:Will commence upon construction activities.
Budget Category (g):Other Costs
Permit Fees (see Task 7 for details)
The estimated cost of the fees for the permits Is $200,000.Permit fees that
are to be included (as currently known)are the USACOE 404,and Section 10i
CDFG 16q2;LARWQB 401;additional costs will include a License Agreement
and associated costs with project site access through Palos Verdes Shores
Mobile Home Park and Coastal Access Permit through the City of Los
Angeles.
'Budget 'Cafeiioiy"(h):"coilStfiittioii/fifijJ!ifiii,~f1~i:iJiijfj,'~,." ,
Task:Not Applicable.
The construction contingency is 15%(rounded)of the total estimated project
construction cost.
management plans;
status and inspection
reports;and contracts
-Permits
-License Agreement
G-17
PROJECT MAPS
Grant Agreement No.4600009642
Page 170[41
G-18
Grant Agreement No.4600009642
Page 18 0/41
Figure 1-Overview of project design.
Figure 2-San Ramon Canyon Stormwater .Flood Reduction Project
location detail.
G-19
S<:heduleelyorRancho Palos VerdessanRamonCanyonSlormwater Flood Reauction Project
~§....
~;;;
~
l!
~
'"t1!::l
~......
!Ii ~
.....<:::>
'0<:::>o~~~.....l-.j
tnrnOx%%
m -0'"c::=ihillO·
Exl.amal Milfiton,,.~
Inactive Task
Progress
OeadIfAe ~
I
lw
1
I
I
I
efi#ijfut§;bfj#jij@#RoBed Up SpII:IIIntntlJlIUUClIUUlIUUl1Inl1
lIuitilillUltlllfl!tli'"UHlUliUl RcUed Up MiJettone <>
Ii>Relied Up Progress
~4'E"xlemel Tasks \!
h',,;,=•.,e'·""~c,:1i""i'-J Preject summary c;;;r==--====-Q
Pege1
Tll$k
SIllII
Mllestelie
summary
Rolled Ull Task
Prcjed:Schedule 8-06-12 -2007vers1l
Date:Wed 6f13/12
asltN1ITIO -FiJiIIl 2014
'2 3
1 Task:1 (ar!*.iieCiAdinliils!r&t1on ~.._:.._~~.:_·~1/J8I11L.":"TI!!~(
._ht __S.~~~JES~~.~~L__.._..__..,,_._..Frl4I1~.1L ..__f.ll "'15[!1 ~4115
1.2 .GranIAwaFdNolificalion Thu 911111:Thu9t1/11 ...P/1
:::I?=::=:-':'D~~~~§'ff:!J!8i~~D~:=.::::=~:.::::=~::::=:=:::=:~::::·=::=:l~ej!~JI~.-'::!~ilW!r!1_..1A_.__~n.t~!J..IllI11~9!1 __..'_..':._.~W~1~-1tt1.L ._~<!l!..?ml~
...1.5_._....B~~l!~.J!SI3...m!~_1 __.._.__.__._~..~_._r:!!~}1l114l3l11
J:~.""_~!l9!~~or.~Illl?~.~{~~.YL...__. .F!!.~~~T\!I1@'1~
Tlll!k.2 .L!!b~.~lIJ'!i~1;1'P.r!1~_~»...._........_.,..F.ri.21811~L.Th\!~.H
Tll!!!S~~~!!!.Q._._.__"__..__.""_.__..__~...1!31J12;-._Wed ~141
:::~=:.:.::=~f~~l~i:::=~:~::=::::::_..::~::.::::::::::::::=w.~:~~t:::~ef1~-..,
___...._g~~y.~S!!B~~___.___.__J~~A~1~!-T~.1@'j~
_._......__~.YJ?!'9.9~R~!4._._.~._..:_...._.,__.__..J'~!f:l7~~!~~_~.!!1.?~1/13
.•...,GItJ!U'Ier!Y..~.REP..Ofl f#5 Thll "!!JfJ1!13;J.bu ~1/1~
__.._.__Q!mr!!l!1Y~~~!H/~•.__._.._._..,.E~j~m~l._f!L1!!1f~
..._.._._....£i.'l.B!B!P.!!!!.~ll!!LIll!I!i£I:1o ~~~~.!t._.__.__.---.~!li.4!!<!'J~_.W~~!1
Task 4 AssessmenlandEvttualIon (ProjectSludy RsporlCOmpleted Tue 1/1Bf11:Tue 1118111
.'~11J1~;_~!.~_'!~1l!!.~!,!p.~~....._.__._..~..__..__._".__.."_...._..•__
_..._.J!1L~~~~~L._._._..__.__._......__..._..._.~J!?i(~?l_.._..r~_9[1L~~
Task 5 te)PI annlnjJ1DesignlEngineerJngl EnvIronmenld DocQl1Ientallon Thu 5I26f11;Fri
:~5.~.-Fin.ii;o.es!g~j~.Tf8c~.1}...,M~n-0.5l1~;.::·.rtie~j
.5.1.1 CllDll1ele all lid documenlalion Mon 4I25f11;MOn 4/25111
)~f~:·=:.._t;:@ron~n!!~ID~~~~:·=:~=:=:::.:=-=:":'::=:::~~::=::}~~-~j~[::=!!e.~p..._~g _'='.!J~_~J.g.'!.IT~~~~te]r!!!.~)_._.~..".._",,_,....~fc.t~~1l __._..l!L.._~,
_5:2.,.1 __~veI---!!'_8!',~l~~~~l!Sl.fQt~l!q~~_._ _..__..._.E~..:¥~~11L_..£!l.~11,
_5:.2.:L._~~~~~J!~~~_~!.I!.~!....__._..__._.!1~'!..~~.1_1J .~.on'!!4!!1:
..~.~:3.....__.._N!'.So.~!~~~~!'!t!!.~~.n.~~!I!~~qs)......__. ._...,....1:~41511~1 ,._.M~.'L4!~.8!!1..?~,!..__.J~~l1!!£t~B1YPl_~.:;.CPl1~£!.~!!!~g.!!!!!...._..__.,..I~.l!~:llI.1:tL_...I!l.!.!?J!!U
5.2.5 Kick off meeting with cleslan conalilanl .Wed 51251111 Wed !i125111
G
-
2
0
Schedule
Cily of Rancho Palos Verdes
San RamoA Canyon StormNater Flood Reducllon Project
G!.§-~
!ll
i
~"1:1'~~~<::>",<::><:;:,<::><::>.sa,~
~t
f-'mOx:C:cme;;0_c:-l
Iii'"
~!'-I
iH 1\~;,;~.;~:rt.M,;,:I••'....;':':.,·t\i~~.:.:.·:~·~....:·.J",'•
mr r"._.._.~...1~"CI!r!,",'lC1!r'
I
I
I·
I
I
I
I
il1Mur I III • I
I
I
i
I
!
I
I I
I IrI
I II,I
Exlemlll Mneslone Q
lnaetlw TlI5k
Progress
Dlllldline -lj-
Page 2
(~'-'.4 ••;r J.ii;;j;~~;''ijG Rolled Up Split Ulut'llillIihllnIUIIUIU,U1'U
lIUlitl'lttlllllllfUnIlUUl1ullff Rolled Up Milestone <>
•Rolled Up Progress
If ~Elderlllli TlIsks \..I
[;"""""~':"~W'·'';=--MJ Prclfecl SUmmary 0='4ll1
Task
Spilt
Mileslme
summary
Relied Up Task
ID I Taok IT.askNlIllG
:.-;~:~..•DeSgne~a;~~~~~~On·.•..•--..:.Tr:~~HI·p~on;ri~~~
.""".~....._..........~_...............,.,'.....·1···················....
31 .!~-!Jn!l!..a_~~~.~~~~J!!!I.~1BI ~.!~~~t~.l~.~vil!~_~._..~~'!.~~t--..~.?I.1?!J~
~~···~:i·····,······-6~~~~!d~:;~::~~~·()rnOSlgDffiCiinC····:·~:;~Hi-.-..~~~i~f~'
I ct :'--"'._-.•_~--_•••~_._••_-,•__•__._••--_..._._•••_•.__..._••__.j---_..••...__..•-•.
~.~{~_..-..~~=~~~-:.~~~·1~~;~NiiiFONSI~arid··-···\-·-.T~!~~····"-F~~2J~~
'--6:5'-·~W:~~~~~·~~r:~&c~~~:~l.,.~_...":'"We<i1"1iPi11t''''itiu'12mi11_~-i=._~§p.~~jj~e.~s;p~.~el~..__..._.Fri1~.t!I~_._Mon~~
Jas~L~~~~!!!nld Pe!!!!ltInlLpta.!~.W:I·AQQ~,R'I{~Jl~~)L_~ed !Y.!t'1'!1-._I~6/2§I.!~1
..I~.!<.8 ..(d).~IJ!~gJ!!lnlJJ!1l!!!!!!J8IlI!l~~!L._.._..,..__..__.....__....~.....r[I1.~\._....J·"m ~j~
_~:.L._..._T!:!llK1-~~~~L.._..__..'-_..__,.._._T!!,,!~jlL_..RL~j1
·-tH·-············~1id:'~i:~=7~·cf.!ll~;.I~~~{T~ri·~;H~
,.:~~J~~(2_:S~=~..~._~··~:·:~...~.~..._..~::~~:...w.!if~(j~~..:..:~~_~f
._~b1 ..__._._~~9Ili~.biq.!!Vi~8:.I!g!..et~~d ~~ofbi~_..._._..•~....JVed ~£1~L.....-"~~~!.
J.J~~~~~~[\!~~T~~~~~~·~~~:I~!.~~:=.~~~=~~~..~~=,:~.~::.r~~.·~...;~l
9.1 Award conlracl .Fd Bl17/11,Fri 6/171111
S:-f---MobilZallOniin'dSiie-prepaF8ifOit··'-'"....•..__.-_...__.:-··"Mon mi1r"'-Fij'&24iH
...9,3 ..NPDES:SWPPP (National'Pcllutian DIscharge 81n1ination .MOii"6i'2<Y111 Tue 7/1911 t
_.._..§;'!tem-.§!~!~J.£4I.!!on ~HtlQ'!.Pla1)L ..__..__.~.'_'_'"L _.__.._
__~:.4 _•.._~ject~J!l!U.E.~~L_..__......__:~.!l~.6!2ll''!JL._..~_8f1!j.!1
...~,p__EerfO£nlll!1C!..l~lJJ !m.P..Qe~~ti.on __:...•1 ,_T~JI?2J111._.._~sro!1t
Task 10 Construcllon Track 2-storm Dtain :Thu 9llII12i Thu 413114'-10.f·----Aweudconlraei·-·-··-·-····----··---·.....-··----,·..--··ihu911i'121·--Thu 916112
"10:2-""MobDiza6on'anifSiielirermauon "-'....---;iif9iW121'".Thii'1Oi4ifil
Prqecl:SChedule 6-06-12·:ZOO7Versi.
Dale:Wild 6113/12
G
-
2
1
Schedule
City of Rancho Palos Verdes
San Ramon Canyon storlTIINaler Flood Reduction Project
41--.1013 14'-JlIIIlIll'..
3 1 4 3 1r4 Qlr4 IQIr?:IQIt.3-"'_.,......_~-"'''''..1Io ...-bi
I ~
10 Talk ask Nano start '"'-'.........
55 10.3 NPOES-SWPPP (Natiomf Palution DischalgeSlmlnation !Fri 'lVlal"!I RU 11/1tl;l
.....,.._SY.sJ~~~~.~~~~o~.~~Jl!lE~.~!!L._j "L ,.._.
li6 ..10,'1 Proj~t.~~~clion .........•....L M.~10127J12:.._..Jh,~.~/1~
57 10.5 ..pertonnance Testing and Demobl1izafton ..':Fri :wet14,ThO 4/3/141
58 Y!!.nlJe(E!iVl~niii.!i!t ..~~IIBii~!q~~~.I;riJi~~~L~.....~:-.-·~~·~1i3.1ffl~~.~:!~!~!13
59 Task 12 en COnslruction Admlntsfrallon __',Man 1omi12,ThO 4/3/1~
~~:c :C'
m -all!!
C'";:;;01
Project:Schedule 6-06-12 ..2007versit
Dale:Wed 611M2
Task
Split
Milestone
Summary
Rolled Up Task
[~~Lh.:lLri-i.u:1J.J..!:-£iI
..mUflIlIlUllllflllrJII,UIIiIHt...
UJ :;:
[..i~1';1~::.u::-~~~t:;:~::J
Retied Up Spilt IlllnllllfhlUmUlUttltlltltltn
Rolled Up MIlestone <>
Rolled UpPFOgllSS
~emm~.s I I
!"r<8eet Summary c;r '=Q
PlIge3
Exlemal Milestone 0-
InaCUvo Task
Progress'
Qeadllne ~
i
l:b.~(l)
~
~.....
~~.
~4:\.
t1l ~
~~c~~~....l\.:i
G
-
2
2
·Grant Agreement No.4600009642
Page 22 0141
EXHIBITC
BUDGET
Project Title:~an Ramon canyon Stormwater Flood Reduction Project
This table presents the budget for the San Ramon Canyon Stormwatei'Flood Reduction Project The following pages
rovide more details for each Bud et Cate 0 .
Budget Category
(a)Direct Project Administration Costs
(b)
(e)
(d)
(e)
Land Purchase/Easement
Planning/Design/Engineering!
Environmental Documentation
Construction/Implementation
Environmental Compliance!
Miti ation Enhancement
(a)(b)(c)(d)
Non-State other
Share*DWRGrant State Totill ProjectFunds(Funding Funding B!!lng Cost
Match)Used
$475,000 $475,000 $950,000
$53,300 ·$121,700 $175,000
$1,358,400 $0 $1,358,400
$6,590,528 $6,590,527 $13,181,055
$300,000 $300,000
(e)
%
Funding
Match
50%
30%
100%
50%
0%
(f)
(g)
(h)
Cons truction Administration
Other Costs
Construction/Implementation
Contin enc
$987,500
$790,000
$200,000
$987.500
$790,000
$200,000
$1,975,000
0%
0%
50%
(I)Grand Total (Sum rows (a)through (h)$9,464}728 $9}464}727
for each column
$18,929,455 50%
*List sources offunding:RPV has a very strong local match!financial plan inclUding fee-based programs (e.g.
storm drain fees),city reserves,and cash!in-kind contributions from Los Angeles City and the County ofLos Angeles.
The City has already expended $600,000 in local funds for the Project Study Report/Preliminary Engineering ·and h.as
budgeted an additional $758,400 for Final Design and CEQA Compliance (line c above totaling $1,358,400).
Note:The Method of Grant FundsDisbursement is Concurrent Drawdown.In tliis method,DWR Grant Funds and the
Grantee's Required Funding Match will be spent simultaneously and is calculated based on the ratio of DWR Grant
Funds and the Grantee's ReqUired Funding Match (which rnay vary by budget category).
G-23
Grant Agreement No.4600009642
Page2S 0141
BUdget Category (a)-Direct Project Administration
Total line Item Cost:$950,000 (5%oftotal project cost)
Work Plan:Tasks 1,2,and 3
BUdget Category (b)-Land Purchase/Easement
Total line Item Cost:$175,000
Work Plan:Task 5
A budget line item for the potential need to purchase up to four easements for use of land within the
project site area is included.
The estimated cost of $175,000 is based upon the City's experience with land values on other projects.The
estimated cost per acre of land in this particular project area is $500,000.The City estimates that all four
land easements will account for approximately 0.35 acres of land for a total estimated cost of $175,000
(0.35 x $500,000 =$175,000).
Budget Category (e)-Planning/Design/EngineeririgfEnvironmental Documentation
Total Line Item Cost:
Work Plan:
$1,358,400
Tasks 4,5,and6
Budget Category (d)-Construction/Implementation
Total Line Item Cost:$13,181,055
Local Match:$6,590,528
Grant Funding:'$6,590,527
Work Plan:Tasks 8,9,and 10
The following table provides a detailed construction costs estimate.The costs were developed by Harris &
Associates as part of the.Project Study Report and Include factoring for the appropriate prevailing wage
rates.
G-24
Detailed Construction Cost Estimate
(PRELIMINARY Opinion of Probable Construction Costs,January 11,2011)
Grant Agreement No.4600009642
Page 24 of41
~_.·1Wili _~'VBmlliillL':,..%~\"MW"Whh..",,•.....,.'......m~,·,.'*"'kt,~@:::::%~,,:h~,;;k:::::slteml";}\$~1!J.escri tion~tt :.::::",:,&1:::::..\,";:::.:.:.':::::::,,~:x":,:,,x ,w.",, "'*,.x."JI an M ,nJ ~."lac .,::@:,':':,:~"3,*,:..:~"~~;tmofa,,m1%:'n:'''::::::
1 Mobilization (5%)1 ,LS $620,000 $620,000
2 Clearing &Grubbing (includes ALL removals)1 LS $65,000 $65,000
3 Ooen Trench ShoriM &P[atinQ 1 LS $65,000 $65.000
4 Traffic Control 1 LS $30,000 $30,000
5 SWPPP 1 LS $85,000 $85,000
6 Construction Survey 1 LS $55,000 $55,000
7 Sewer Relocation (construction)1 LS $200,000 $200,000
8 Canyon Improvements -FiliI Grading Operations 44,770 CY $65 $2,910,050
9 Canyon Improvements -12 inch Perforated Sub-drain 1,100 LF $155 $170,500
10 RC In[et Structure 54"Pipe (includes RC.wing wall structure,medium debris basin)1 LS $125,000 $125,000U/S Tarapaca
11 Outlet Structure and apron onto beach (inclUding decorative wall rock pattern I rock 1 LS $250,000 $250,000in.invert I railing )
12 80"Diameter "Slant Drain"Tunnel Installation -At Beach 295 LF $3,670 $1,082,650
13 80"Diameter Tunnel -Steel Rib With Wood lagging 4'to 5'increments -north of 1,900 LF $2,170 $4,123,000SouthRanchoPalosVerdesDrive.
14 54"HOPE for Tunnel Installation (OR15.5)2,195 LF $249 $546,555
15 54"Pipe -Open Trench Installation (in open space flat plain)(DR-17)1,900 LF $340 $646.000
Annular Space backfill (light weight cellular grout between 54"HDPE and 80"
$162,500
16 1,300 CY $125Tunnel)
17 Manhole Structures 5 EA $25,000 $125,000
18 Lean Concrete Seepage Dam (with 8"PVC·Outlet System at each MH)5 EA $10,000 $50,000
19 Catch Basin Inlets 4 EA $9,500 $38,000
20 Tunneling Spoil Haulage and Disposal 3,000 CY $30 $90,000
21 Launch Pits 1 LS $250,000 $250,000
22 Deep Vertical Ground Movement Monitoring Systems (Geokon MP8X Model #A3 1 LS $20,000 $20,000Extensometer,etc.)
G
-
2
5
Grant Agreement No.4600009642
Page 25 0141
1 I LS $50,000 $50,000
100 VF $990 $99,000
1 LS .$140,000 $140,000
14,500 SF $25 $362,500
910 LF $220 $200,200
200,000 SF $2.50 $500,000
910 LF $110 $100,1.00
Construction Total =.$13,181,055
PCC Interceptor Drain adjacent to back of retaining wall
landscape Planting and Establishment (for Mitigation Measures)
Upper Inlet Access Road from Tarapaca Road (Flexible Pavement)
Upper Inlet Access Road Ret~iining Wall
Beach Access Road I Trail
Temporary I permanent Bluff shoring and soldier pile system for Outlet Structure
construction
Temporary Bluff Rock Fall Barrier System (such as "Geobrugg")for Bluff Outlet
Construction .
27
28
30
29
26
24
25
23 Deep Horizontal Ground Movement Monitoring Systems (Geokon Inclinometer
__~Casing,etc.)
W%~¥§;l~%.:w:::m&.'q,~':,'$fuW®:'mmm~1f~\11~~~%1
G
-
2
6
Grant Agreement No,4600009612
Page 26 0/4]
Budget Category (e)-Environmental Compliance/Mitigation/Enhancement
Total Line Item Cost:$300,000
Work Plan:Task 11
1
2
3
4
Audit Services
Monitoring and Reporting
Temporary Irrigation (operational)
Weed Abatement and Plant Replacement
(pperational)
Total'
Years
Months
Months
Months
[f,l!1!Iif~~<i;~fu]crfir.f];~1;!f
$6,000 $30,000
$500 $30,000
$1,000 $60,000
$3,000 $180,000
$300,000
Budget Category (f)-Construction Administration
Total Line Item Cost:$790,000
Work Plan:Task 12
The construction administration is 6 percent of the total construction cost (.06 x $13,181,055 =$790,000,rounded).
This percentage is based upon the City of RPV's experience with similar projects in size and scope.
Budget Category (g)"Other Costs (Permitting Fees)
Total Line Item Cost:$200,000
Work Plan:Task 7
Based upon the size and scope of other projects the City of RPV has completed,the cost for permitting fees,
including a License Agreement and associated costs with site access through Palos Verdes Shores Mobile Home Park
and Coastal Access Permit through the City of Los Angeles,is estimated to be $200,000.
Budget Category (h)-Construction/Implementation Contingency
Total Line Item Cost:'$1,975,000
Work Plan:Not applicable
The construction contingency is 15 percent of the total construction cost (.15 x $13,181,055 =$1,977,158,rounded
to $1.9 million).This is based upqn the City of RPV's experience With simJlarproJects in size and scope.
G-27
c)
b).
0.1
aJ
Grant Agreement No.4600009642
Page 27 of41
EXHIBIT 0
STANDARD CONDITIONS
ACCOUNTING AND DEPOSIT Of GRANT DISBURSEMENT;
SEPARATE ACCOUNTING OF GRANT DISBURSEMENT AND INTEREST RECORDS:Grantee shall account for
the money disbursed pursuant to this Grant Agreement separately from all other Grantee funds.
Grantee shaJl maintain audit and accounting procedures that are in accordance with generally
accepted accounting principles and practices,consistently applied.Grantee shall keep complete
and accurate records of all receipts,disbursements,and interest eamed on expenditures of such
funds.,Grantee shall require its contractors or subcontractors to maintain books,records,and other
documents pertinent to their work in aCGordance with generally accepted accounting principles and
practices.Records are subject to inspection by State at any and all reasonable times..
FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS:The Grantee agrees that,at a
minimum,its fiscal control and accounting procedures wi.!1 be sufficient to permit tracing of grant funds
to a level of expenditure adequate to establish that such funds have not been used in violation of
state law or this Grant Agreement.
REMITTANCE Of UNEXPENDED FUNDS:Grantee,within a period of sixty (60)calendar days from the final
disbursement from State to Grantee of grant funds,shall remit to state any unexpended funds that
were disbursed to Grantee under this Grant Agreement and were not needed to pay Eligible Project
Costs.
0.2 ACKNOWLEDGEMENT OF CREDIT:Grantee shall include appropriate acknOWledgement of credit,to the
State and to all cost-sharing partners for their support when promoting the project or using any data and/or
information developed under this Grant Agreement.During construction of the project,Grantee shall install
a sign at a prominent location,which shall include a statement that the project is financed under the
Disaster Preparedness and Flood Prevention Bond Act of 2006,administered by State of California,
Department of Water Resources.Grant~e shall notify state that the sign has been erected by providing
them with a site map With the sign location noted and a photograph of the sign.
0.3 AMENDMENT:No amendment or variation of.the terms of this Grant Agreement shall be valid unless
made in writing,signed by the parties and approved as reqUired.No oral understanding or agreement not
incorporated In the Grant Agreement is binding on any of the parties.For guidance on the Am.endment
Requirements see Exhibit H.
0.4 AMERICANS WITH DISABILITIES ACT:By signing this Grant Agreement Grantee assures State that it
complies with the Americans with Disabilities Act (ADA)of 1990,(42 U.S.C.,12101 et seq.),which prohibits
discrimination on the basis of disability,as well as all applicable regUlations and guidelines issued pursuant
to the ADA.
0.5 AUDITS;state reserves the right to conduct an audit at any time between the execution of this Grant
Agreement and the cOllJpletion of the project,with the costs of such audit borne by state.After
completion of the project,State may require Grantee to conduct a final audit at Grantee's expense,such
audit to be conducted by and a report prepared by an independent Certified Public Accountant.Failure
or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement,
and State may take any ~ctjon it deems necessary to protect its interests.
Pursuant to Government Code Section 8546.7,the parties shall be SUbject to the examination and audit of
State for a period of three years after final payment under this Grant Agreement with respect of all matters
connected with this Grant Agreement,inclUding but not limited to,the cost of administering this Grant
Agreement.All records of Grantee or subcontractors shall be preserved for this purpose for at least three (3)
years after project completion.See Exhibit H for a listing of documents/records that state Auditors would
need to review in the event of a grant being audited.
D.6 BUDGET CONTINGENCY:LIMIT ON STATE FUNDS.The Disaster Preparedness and Flood Prevention Bond
Act of 2006,is SUbject to the availability of funds inclUding any mandates from the Department of Finance,
G-28
0.10
oj
Grant Agreement No.4600009642
Page28of41
the Pooled Money Investment Board or any other state authority.The State will not make payments of any
kind,including advances or reimbursements,until funding is made available by the state Treasurer.
D.7 CHILO SUPPORT COMPLIANCE ACT:For any Grant Agreement in excess of $100,000,the Grantee
acknowledges in accordance with Public Contract Code 7110,that:
a)The Grante.e recognizes the importance of child and family support obligations and shall fully comply
with all applicable state and federal laws relating to child and family support enforcement,including,
but not limited to,disclosure of information and compliance with earnings assignment orders,as
provided in Chapter 8 (commencing with section 5200)of Part 5 of Division 9 of the Family Code;and
b)The Grantee,to the best of its knowledge ,is fully complying with the earnings assignment orders of all
employees and is providing the names of all new employees to the New Hire Registry maintained by the
California Employment Development Department.
D.8 COMPETITIVE BIDDING AND PROCUREMENTS:Grantee shall comply with all applicable laws and '
regulations regarding se'curing competitive bids ~::md undertaking competitive negotiations in Grantee's
contracts with other entities for acquisition of goods and services and construction of public works with
funds p'rovided by state under this Grant Agreement.'
0.9 COMPUTER SOfTWARE:The Grantee certifies that it has appropriate systems and 'controls in place to
ensure that state funds will not be used in the performance of this Grant Agreement for the acquisition,
operation,or maintenance of computer software in violation of copyright laws.
CONFLICT Of INTEREST
Current State Employees:No State officer or empioyee shall engage in any employment.activity,or
enterprise from which the officer or employee receives compensation or has a finanCial interest and
which is sponsored or funded by any state agency,unless the employment,activity,or enterprise is
required as a condition of regular State employment.No state officer or employee shall contract on his '
or her own behalf as an independent contractor with any state agency to provide goods or services.
b)Former .State Employee:For the two-year period from the date he or she left State employment.no
former state officer or employee may enter into a contract in which he or she engaged in any of the
negotiations,transactions,planning,arrangements,or any part of the decision-making process relevant
to the contract while employed in any capacity by any State agency.For the twelve-mon~hperiod
from the date he or she left State employment,no former State officer or employee may enter Into a
contract with any State agency if he or she was employed by that State agen'cy in a policy-making
position in the same general subject area as the proposed contract Within the twelve~monthperiod
prior to his or her leaving state service..
D.ll DELIVERY OF INFORMATION,REPORTS;AND DATA:The Grantee agrees to expeditiously provide,during
work on the project and throughout the term of this Grant Agreement,such reports,data,information,and'
certifications as may be reasonably reqUired by the State.
0.12 DISPOSITION OF EQUIPMENT:Grantee shall provide to State.not less than 30 days prior to submission of
the·final project invoice,a final inventory list of equipment purchased with grant funds provided by State.
Grantee shall consult with State on the scope of the inventory not less than 60 dqys prior to the submission of
the final project invoice.The Inventory shall include all Items with a current estimated fair market value of
more than $5,000 per Item.Within 60 days of receipt of such inventory,state shall prOVide Grantee with a list
of the items on the inventory that State will take title to.All other items shaJl become the property of
Grantee.State shall arrange for delivery from Grantee of items that it takes title to.Cost of transportation,if
any,shall be borne by State.
D.13 DISPUTES:In the event of an invoice dispute,payment will not be made until the dispute is resolved and
. a corrected invoice submitted.Failure to use the address exactly as provided may result in retum of the
invoice to the Grantee.Payment shall be deemed complete upon deposit of the payment.properly
addressed,postage prepaid,in the United States mail.'Any claim that Grantee may have regarding the
performance of this Grant Agreement including.but not limited to claims for additional compensation or
extension of time,shall be submitted to the Director,Department of Water Resources,within thirty (30)
G-29
Grant Agreement No.4600009642
Page290f41
calendar days of Grantee's knowledge of the claim.state and Grantee shall then attempt to negotiate a
resolution of such claim and process an amendment to the Grant Agreement to implement the terms of
any such resolution.
D.14 DRUG·FREE WORKPLACE CERTIFICATION
CertificatIon of Compliance:By signing this Grant Agreement.Grantee,its contractors or subcontractors
hereby certify,under penalty of perjury under the laws of State of California,compliance with the
requirements of the Drug-Free Workplace Act of 1990 (Government Code 8350 et seq.)and have or will"
provide a drug-free workplace by taking the following actions:'.
a)Publish a statement notifying employees,contractors,and subcontractors that unlawful manufacture,
distribution,dispensation,possession,or use of a controlled substance is prohibited and specifying
actions to be taken against employees,contractors,or subcontractors for violations,as required by
Govemment Code Section 8355(a).
b)Establish a Drug-Free Awareness Program,as required by Government Code Section 8355(b)to inform
employees,contractors,or subcontractors about all of the following:
1.The dangers of drug abuse In the workplace,
2•.Grantee's policy of maintaining a drug-free workplace,
3.Any available counseling,rehabilitation,and employee assistance programs,and
4.Penalties that may be imposed upon employees,contractors,and sUbcqntractors for drug
abuse violations.
c)Provide as required by Government Code Sections 8355(c),that every employee,contractor,and/or
subcontractor who works under this Grant Agreement:
1.Will receive a copy of Grantee's drug-free policy statement,and
2.Will a~ree tQ abide by terms of Grantee's condition of employm~nt,contract or subcontract.
0.15 FINAL"INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER:Upon completion of a
construction project and as determined by state,Grantee shall provide for a final inspection and
certification by a California Registered Civil Engineer that the project has been completed In accordance
with submitted final plans and specifications and any modifications thereto and in accordance with this
Grant Agreement and to the State's satisfaction.
D.16 GOVERNING LAW:This Grant Agreement is governed by and shaJl be interpreted in accordance with
the laws of the State of California.
D.17 GRANTEE COMMITMENTS:Grantee accepts and agrees to comply with all terms,provisions,conditions,
and commitments of this Funding Agreement.inclUding all incorporated documents,and to fulfill all
assurances,declarations,representations,and statements made by Funding Recipient in the application,
documents,amendments,and communications filed in support of its request for California Safe Drinking
Water;Water Quality and Supply,Flood Control,River and Coastal Protection Act of 2006 finanCing.
0.18 INCOME RESTRICTIONS:The Grantee agrees that any refunds,rebates,credits,or other amounts
(inclUding any interest thereon,accruing to or receiv~d by the Grantee under this Grant AgreE?ment shall
be paid by the Grantee to the State,to the extent that they are properly allocable to costs for which the
Grantee has been reimbursed by the State under this Grant Agreement.
D.19 INDEPENDENT CAPACITY:Grantee,and the agents and employees of Grantee,if any,in the
performance of the Grant Agreement,shall act in an independent capaclty and not as officers,
employees,or agents of the State.
D.20 INSPECTIONS:State shall have the right to inspect the work being performed at any and all reasonable
times,providing a minimum of a 24-hour notice,during the term of the Grant Agreement.This right shall
extend to any sUbagreements,and Grantee shall include provisions ensuring such access in all its contracts
or sub-contractors entered into pursuant to its Grant Agreement with State.Grantee acknowledges that
project documents may be subject to the Public Records Act (California Government Code Section 6250
et.seq.).State shall have the right to inspect these documents at any and all reasonable times affer
completion of the project to ensure compllance with the terms and conditions of this Grant Agreement.
G-30
Grant Agreement No.4600009642
Page 30 of41
During regular office hours,state shall have the right to'inspect and to make copies of any books,records,
or reports of the Grantee relating to this Grant Agreement.Grantee shall maintain and shall make available
at all times for such inspection accurate records of its costs,disbursements,and receipts with respect to its
activities under this Grant Agreement.Failure or refusal by Grantee to comply with this provision shall be
considered a breach of this Grant Agreement,and state may withhold disbursements to Grantee or take
any other action it deems necessary to protect its interests.
0.21 NONDISCRIMINATION:During the performance of this Grant Agreement,Grantee and its contractors
shall not unlawfully discriminate,harass,or allow harassment against any employee or applicant for
employment because of sex,race,color,ancestry,religious creed,national origin,physical disability
(inclUding HIV and AIDS),mental disability,medical condition (cancer),age (over 40),marital status,and
denial of family care leave.Grantee and contractors shall ensure that the evaluqtion and treatment of their
employees and applicants for employment are free from such discrimination and harassment.Grantee and
contractors shall comply With the provisions of the Fair Employment and Housing Act (Government Code
Section 12990 (a-f)etseq.)and the applicable regulations promulgated there under (California Code of
RegUlations,TItle 2,Section 7285 et seq.).The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12990 (a-f),set forth in Chapter 5 of Division 4 of Title
2 of the Califomia'Code of Regulations,are incorporated into this Grant Agreement by reference and
made a part hereof as if set forth in full.Grantee and its contractors shall give written notice of their
obligations under this clause to labor organizations with.which they have a collective bargaining or other
agreement.Grantee shall Include the nondiscrimination and compliance provisions of this clause in all
contracts to perform work under the Grant Agreement.
0.22 NO THIRD PARTY RIGHTS:The parties to this Grant Agreement do not intend to create rights in,or grant
remedies to,any third party as a beneficiary of this Grant Agreement,or of any duty,covenant,obligation
or undertaking established herein.
0.23,OPINIONS AND DETERMINATIONS:The parties agree that review or approval of any IRWM Program
applications,documents,permits,plans and specifications or other program information by the State is for
administrative purposes only and does not relieve the Grantee of its responsibility to properly plan,design,
construct,operate,maintain,implement,or otherwise carry out the IRWM Program.
0.24 PERMITS,LICENSES,APPROVALS,AND LEGAL OBLIGATIONS.Grantee shall be responsible for obtaining
any and all permits,licenses,and approvals required for performing its obligations under this Grant
Agreement.Grantee shaJl comply with the California Environmental Quality Ad (PRC Section 21 000 et seq.)
and other applicable federal,State,and local laws,rules,and regulations,guidelines,and requirements
prior to disbursement of funds under this Grant Agreement.
Grantee shall keep informed of and take all measures necessary to ensure compliance with California
Labor Code requirements.
0.25 PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION:Grantee shall not sell,
abandon,lease,transfer,exchc::mge,mortgage,hypothecate,or encumber in any manner whatsoever all
or any portion of any real or other property necessarily connected or used in conjunction with the IRWM
Program without prior permission of State.Grantee and shall not take any action concerning the
performance of this Grant Agreement,including but not limited to actions relating to user fees,charges,
and assessments that could adversely affect the ability of Grantee to meet its obligations under this Grant
Agreement,without prior written permission of State.State may require that the proceeds from the
disposition of any real or personal property acquired with funds disbursed under this Grant Agreement be
remitted to State.'
0.26 REMEDIES,COSTS,AND ATTORNEY FEES:The Grantee agrees that any remedy provided in this Grant
Agreement is in addition to and not in derogation of any other legal or eqUitable remedy available to the
state as a result of breach of this Grant Agreement by the Grantee,whether such breach occurs before or
after completion of the project,and exercise of any remedy provided by this Grant Agreement by the
State shall not preclude the State from pursuing any legal remedy or right which would otherwise be
G-31
Grant Agreement No.4600009642
Page 31 0/41
available.In the event of litigation between the parties hereto arising from this Grant Agreement,it is
agreed that the prevailing party shall be entitled to such reasonable costs and/or attomey fees as may be
ordered by "the court entertaining such litigation...
0.27 RETENTION:Notwithstanding any other provision of this Grant Agreement,State shall,for the project,
withhold five percent (5.0%)until January 1,2016 and ten percent (1O.0%),thereafter,of the funds
requested by Grantee for reimbursement of Eligible Costs.The project in this Grant Agreement will be
eligible to release its retention when that project is completed and Grantee has met requirements'of
Paragraph 16,"Submissions of Reports."
0.28 RIGHTS IN DATA:To the extent permitted by law,the Grantee agrees that all data,plans,drawings,
specifications,reports,computer programs,operating manuals,notes,and other written or graphic work
produced in the performance of this Grant Agreement shall be in the pUblic domain.The Grantee may
disclose,disseminate and use in whole or in part,any final form data and information received,collected,
and developed under this Grant Agreement,SUbject to appropriate acknowledgement of credit to the
State for financial support.The Grantee shall not utilize the materials for any profit-making venture or sell or
grant rights to a third party who intends to do so.
0.29 SEVERABILITY OF UNENfORCEABLE PROVISION:If any provision of this Grant Agreement is held invalid or
unenforceable by a court of final jurisdiction,all other provisions of this Grant Agreement shall be construed
fo remain fully valid,enforceable,and binding on the parties.
0.30 STATE REVIEWS AND INDEMNIFICATION:The parties agree that review or approvpl of project
applications,documents,permits,plans and specifications or other project informatio'n by the state is for
administrative purposes only and does not relieve the Grantee of their responsibility to properly plan,
design,construct,operate,maintain,Implement,or otherwise carry out the project.To the extent permitted
by law,the Grantee agrees to indemnify,defend and hold harmless the state and the State againsf any
loss or liability arising out of any claim or action brought against the State from and against any and all
losses,claims,damages,liabilities or expenses,of every conceivable kind,character and nature
whatsoever arising out of,resulting from,or in any way connected with:
a}The project or the conditions,occupancy,use,possession,conduct or management of,work done in or
about,or the planning,design,acquisition,installation,or construction,of the project or any part
thereof;
b}Performing any of tt)e terms contained in this Grant Agreement or any related document;
c}Any violation of any applicable law,rule or regUlation,any environmental law (inclUding,without
limitation,the Federal Comprehensive Environmental Response,Compensation and Liability Act,the
Resource Conservation and Recovery Act,the Califomia Hazardous Substance Account Act,the
Federal Water Pollution Control Act,the Clean Air Act,the Califomia Hazardous Waste Control Law and
cwe Section 13304,and any successors to said laws),rule or regulation or the release of any toxic
substance on or near the natural water system;or
d)Any untrue statement or alleged untrue statement of any material fact or omission or alleged omission
to state a material fact necessary to make the statements required to be stated therein,in light of the
circumstances under which theywere made,not misleading with respect to any information provided
by the Grantee for use in any disclosure document utilized in connection with any of the transactions
contemplated by this Grant Agreement.Grantee agrees to pay and discharge any judgment or award
entered or made against the State with respect to any such claim or action,and any settlement,
compromise or other voluntary resolution.The provisions of this section shall survive the term of the Grant
Agreement.
0.31 SUCCESSORS AND ASSIGNS:This Grant Agreement and all of its provisions shall apply to and bind the
successors and assigns of the parties.No assignment or transfer of this Grant Agreement or any part thereof,
rights hereunder,or interest herein by the Grantee shall be valid unless and until it is approved by State and
made subject to such reasonable terms and conditions as State may impose.
0.32 TIMELINESS:Time is of the essence in this Grant Agreement.
G-32
Grant Agreement No.4600009642
Page32of41
0.33 TRAVEL:Grantee agrees that travel and per diem costs shall NOT be eligible for reimbursement with
state funds,and shall NOT be eligible for computing Grantee cost match.Travel includes the costs of
transportation,subsistence,and other associated costs incurred by personnel during-the term of this Grant
Agreement.
0.34 WAIVER OF RIGHTS:None of the provisions of this Grant Agreement shall be deemed waived unless
expressly waived in writing.It is the intention of the parties here to that from time to time either party may
waive any of its rights urider this Grant Agreement unless contrary to law.Any waiver by either party of rights
arising in connection with the Grant Agreement shall not be deemed to be a waiver with respect to any
other rights or matters,and such provisions shall continue in full force and effect.
G-33
Grant Agreement No.4600009642
Page 33 of41
EXHIBIT E
REPORT FORMAT AND REQUIREMENTS
The following reporting formats should be utilized.Please obtain State approval prior to submitting a report in an
alternative format.
QUARTERLY PROGRESS REPORT
Grantee shall submit Quarterly Progress Reports on a consistent basis to meet the state's requirement for
disbursement of funds.The Quarterly Progress Report should describe the work performed during the reporting
period.For the project,describe the work performed inclUding:
CONTINUING ELIGIBILITY
.II A brief summary of the status of adoption of an IRWM Plan that complies with Part 2.2 of Division 6 of
the ewe commencing with ,Section 10530.
PROJECT INFORMATION (INCLUDE ANY Of THE BELOW THAT WERE APPLICABLE DURING THE REPORTING PERIOD)
II Legal matters.
o Engineering matters.
•Environmental matters.
•Status of permits,easements,rights-of-way,and approvals as may be required by other State,
federal,and/or local agencies..
•Major accomplishments during the quarter (i.e.,tasks ,completed,milestones met,meetings held or
affended,press releases,etc).
o Discussion of data submittal effort(s}for the previous quarter,including a description of the data
sub miffed and daters)of submittal.
•Issues/concerns that have,will,or could affect the schedule 'or budget,with a recommendation on
how to correct the matter.'
•Description of any qifferences between the work performed and the work outlined in this Grant
AQreement's Work Plan.
COST INFORMATION
II Provide a list showing all costs incurred during the quarter by the Grantee and each contractor
working on the project.The list should include for all non-construction,or implementation costs,(Le.,
design,and admin charges)the hours per task worked on during the quarter for above personnel.
a A discussion on how the actual budget is progressing in comparison to Exhibit C.
SCHEDULEINFORMATlON
• A discussion on how the actual schedule is progressing in comparison to the schedule in Exhibit B.
II A revised schedule,by task,if changed from the schedule in Exhibit B.Note:a revised schedule
may require an official amendment to the Grant Agreement before it is accepted as final.'
ANTICIPATED ACTIVITIES NEXT QUARTER
II Provide a description of anticipated activities for the next quarterly reporting period.
G-34
Grant Agreement No.4600009642
Page 34 0/41
PROJECT COMPLETION REPORT
A Project Completion Report is required for the project identified in Exhibit A.This report will include the
following Sections:
EXECUTIVE SUMMARY
The Executive Summary consists of a maximum of ten (10)pages summarizing project information (see
report status section below for topics).The Executive Summary should include the following:
"Brief description of work proposed to be done in the original Grant application.
o Description of actual work completed and any deviations from Exhibit A.List any official
amendments to this Grant'Agreement with a short description of the'amendment.
G Describe how the implemented project will meet the program preferences identified in the original
Grant Application.
•Describe the mechanism or process that allows for continued performance monitoring of the
project in meeting the objectives of the IRWM Plan.'
"~dentify any changes to the IRWM Plan as a result of implementation of the project.
REPORTS AND/OR PRODUCTS
•Provide a copy of any final technical report or study.produced for the project as described in the
.Work Plan,if applicable.
•Provide a map and shapefile{s)showing the location of the completed project.A description of the
geographic projection and datum used for the shapefile must be submitted with the shapefile (a
NAD '83 datum and either a UTM 10 or UTM 11 projection,dependent on the project's location in
.the state,shoUld be utilized).
•If any wells were constructed as part of the project,provide the following information:well logs;
borehole geophysical 'logs;state well number;site information to It:lclude horizontal (NAD 183)and
vertical (NAVD 188)datum to be determined within 0.5 feet.
•Provide an electronic copy of any as-built plans (media:CD-ROM;PDF format).
•Provide copies of any data collected along with location maps.
•If applicable,describe the findings of any study and whether the study determined the engineering,
hydrologic,hydrogeologic.environmental,economic and financial fe,asibiJity of the project.
~OST &DISPOSITION OF FUNDS INFORMATION
• A list of invoices showing:
»The date each invoice was submitted to state.
»The amount of the invoice.
»The date.the check was received.
»The amount of the check (If a check has not been received for the fined invoice,then state this
in this section).
"A spreadsheet summary of the original budget costs by task versus the final project costs.
"A summary of final funds disbursement including:
»Labor cost of personnel of agency/major consultant Isub-consultants (Indicate personnel,
hours,rates,type of profession and reason for consultant Le.,design.CEQA work,etc).
»Construction cost information,shown by material,equipment,labor costs,and change orders.
»Any other incurred ~ost detail.
»A statement verifying separate accounting of grant disbursements.
I)Summary of project cost including:
»Accounting of the cost of project expenditure.
»Include all internal and external costs not preViously disclosed.
G-35
Grant Agreement No.4600009642
Page 35 of41
);>A discussion of factors that positively or negatively affected the project cost and any ·deviation
from the original project cost estimate.
ADDITIONAL INFORMATION
Il Benefits derived from the project,with quantification of such benefits provldecl,i!applicable.
o A final project schedule showing actual progress verse planned progress as shown In Exhibit B.
o Certification from a California Registered Civil Engineer that the project was conducted in
accordance with the approved work plan and any approved modifications thereto..
o Submittal schedule for the Post Performance Report and an outline of the proposed reporting
format.
POST-PERFORMANCE REPORT
Post Performance Reports are required annually for the project for a period of 10 years beginning after the first
year of operation,and includes the following:
~EPORTS AND/OR PRODUCTS
I)TIme period of the annual report..
I)Short project description and benefits.
•An assessment of any explanations for any differences betWeen the expected versus actual project
benefits.Where applicable,the reporting should inc/tide quantitative metrics,i.e.,.new acre-feet of
water recharged that year,acres of wildlife habitat added,etc.
•Summary of any additional costs and/or benefits deriving from the project since its completion,if
applicable.
•Continued reporting on meeting the Output Indicators and Targets discussed in the Project
Monitoring Plan discussed in Paragraph 21 of this Grant Agreement.
•Any additional information relevant to or generated by the continued operation of the project.
ELECTRONIC REPORT FORMATTING
Grantee agrees that work funded under this Grant Agreement will be provided in an electronic format to state.
Electronic submittal of final reports,plans,studies,data,and other work performed under this grant shall be as
follows:...
o Text preferably in MS WORD or text PDF format.
•Files generally less than i 0 MB in size.
til Files named so that the pUblic can determine their content.For example,file naming of reports must"'
have the title and,if SUbdivided into smaller sized files,the chapter number/letter and names in the
report Table of Content (TOC);Wes of maps,figures,and tables by number/letter as referenced in
the TOC;well logs files with DWR-required naming convention;and Appendix number/letter and
named in the TOC.
o For a project involving a modeling component,Grantee shall provide the major input data files,
parameters,calibration statistics,output files,and other information requested by State's Project
Manager.
G-36
Grant Agreement No.4600009642
Page 36 of41
EXHIBIT F
REQUIREMENTS FOR DATA SUBMITTAL
SURFACE AND .GROUNDWATER QUALITY DATA:.
Groundwater quality and ambient surface water quality monitoring data that include chemical,physical,or
biological data shall be submitted to the state as described below,with a narrative description of data
submittal activities included in Quarterly Progress and Post Performance Reports.
Surface water quality monitoring data shall be prepared for submission to the California Environmental Data
Exchange Network (CEDEN).The CEDEN data templates are available on the CEDEN website.Inclusion"of
additional data elements described on the data templates is desirable.Data ready for submission should be
uploaded to your CEDEN Regional Data"Center via the CEDEN website.CEDEN website:
http://www.ceden.org.
If ExhIbit A includes a project that contains a groundwater ambient monitoring element,groundwater quality
monito~ing data shall be submitted to the State for inclusion in the State Water Resources Control Board's
Groundwater Ambient Monitoring and Assessment (GAMA)Program Information on the GAMA Program can
be obtained dt:http://www.waterboards.ca.gov/water issues/programs/garna/.If further information is
required,the Grantee can contact the State Water Resources Control Board (SWRCB)GAMA Program,'A listing
of SWRCB staff involved in the GAMA program can "be foun$:l at:
http://www.swrcb.ca.govIwater issues/programs/gama/contact.shtml
GROUNDWATER lEVEL DATA
For a project that collects groundwater level data,Grantee will need to submit this data to DWR's Water Data
library (WDL),with a narrative description of data submittal activities included in project reports,as described in
exhibit E.Information regarding the WDL and in what format to submit data in can be found ot:
http;//wdl.water.ca,QQv/.
In the near future,DWR's WDL will be replaced by the California Statewide Groundwater Elevation Monitoring
program (CASGEM).Once this Program comes online,Grantee will then submit groundwater level data to
CASGEM.Information regarding the CAS GEM program can be found at:
http://www.water.ca.gov/groundwater/casgem/
G-37
Grant Agreement No.4600009642
Page 37of41
Exhibit G
Guidelines for Grantees
Under DWR F,lnancial Assistance Programs
The following provides a list of documents typically required by State Auditors and general guidelines for
Grantees~list of documents pertains to both Grant funding and Grantee's Funding Match and details the
documents/records that state Auditors would need to review in the event of this Grant Agreement is audited.
Grantees should ensure that such records are maintained for the funded project.
List of Documents for state Audit
Internal Controls:
1.Organization chart (e.g.,Agency's overall organization chart and organization chart for this Grant
Agreement's funded project.
2.Written internal proc:edures and flowcharts'for the following:
a.Receipts, deposits and disbursements .
b.State reimbursement requests
c.Grant expenditure tracking
d ..Guidelines,policy,and procedures on grant funded Programs/Project
3.Audit reports of the Agency !ntemal control structure and/or financial statements within the last two years.
4.Prior al:Jdit reports on grant funded Programs/Project.
Agreements and Contracts:
1.Original signed Grant Agreement any amendment(s)and budget modification documents.
2.A listing of all bond-funded grants received from the State.
3.A listing of all other funding sources for the project.
4.All SUbcontractor and consultant contracts and related or partners documents,if applicable.
5.Contracts between the Agen~y.andmemberagencies as related to this Grant Agreement.
Invoices:
1.Invoices from vendors and subcontractors for expenditures submitted to the state for payments under th!s
Grant Agreement..'.
2.Do.cumentation linking subcontractor invoices to State reimbursement,requests and related bUdget line
items under this Grant Agreement.·
3.Reimbu(sement requests submitted to the State for this Grant Agreement.
Cash Documents:
1.Receipts (copies of warrants)showing payments received from the State:
2.Deposit slips (or bank statements)showing deposit of the payments received from the ~tate.
3.Cancelled chec.ks or disbursement documents showing payments made to vendors,subcontractors,
consultants,and/or agents under this Grant Agreement.
4.Bank statements showing the deposit of the receipts.
Accounting Records:
1.Ledgers showing entries for receipts and cash disbursements.
2.Ledgers showing receipts and cash disbursement entries of other funding sources.
3.Bridging documents that tie the general ledger to requests for grant reimbursement.
Administration Costs:Supporting documents shOWing the calculation of administration costs.
Personnel:
1.List of all contractors and Agency staff that worked on this grant funded Program/Project.
2.Payroll records including timesheets for contractor staff and the Agency personnel who provided services
charged to this Grant Agreement.
G-38
Grant Agreement No.4600009642
Page38of41
Project Files:
1.All supporting documentation maintained in the project files.
2.All correspondence related to this Grant Agreement.
General Grant Agreement Guidelines
Amendment Requirements:
Amendments to the agreement are triggered when the proposed changes are deemed by DWR to be
substantial.Typical amendments include extensions for time,revisions to the l;>udget or schedule,or
modifications to the scope of work or cost sharing arrangement.The Grantee must provide a written request to
amend the agreement.The written request should be in the form a Jetter and should come from the Grantee's
authorized representative.In cases of short timelines,the Grantee may s~bmit the letter via email and send the
hard copy thereafter.The formal request needs to outline the proposed changes and the basis (need)for those
changes.Email may also be used as preliminary correspondence prior to the official request.
Modifications to the scope of work,including eliminating or replacing individual projects,will require a formal
amendment,Which shall include signature by DWR's and the Grantee's authorized representatives.Such
revision may require that the Grantee submit supporting materials to document that the changes/replacement
project(s)are "eqUivalent or better"than the original grant proposal that resulted in a funding award.Some
revisions tq the budget or schedule (interim deadlines/milestones)can be handled without a formal
amendment (signature by the authorized representatives of DWR and the Grantee)to the agreement.
Extending the term of the agreement will require a formal amendment.In general,requests for an extension of
time should be made before the term expires;however,requests after expiration can be considered,provided
that the Grantee explains why the request was n'ot made before the expiration.A formal amendment is also
required when there is a proposed bUdget change to a Task that is greater than 10%of the grant amount for
that particular Task or the Task to be exchanged with.
Funding Match Contribution
Funding Match (often referred to as Grantee Cost Share)is the amount defined in Paragraph 4 of this Grant
Agreement.Provided below is guidance for claiming funding match with and without in-kind services.
,'
1.Adequate documentation supporting value of iri~kind service (or volunteer service)'as fundin'g match
claimed shall be maintained.Although tracked separately,in-kind services shall be documented and,to
the extent feasible,supported by the same methods used by the Grantee for its own employees.Provide
formal (on official letterhead)and substantial documentation of in-kind service by including the following:
o Describe contributed item(s)or service(s),
o Purpose for which contribution was made (tie to scope of work)
o Name of contributing organization and date of contribution
o Real or approximate value of contribution.Who valued the contribution and how was the value
determined?(e.g.,actual,appraisal,fair market value,etc.).Justification of rate.(see item'#4,below)
o Person's name and function of the contributing person
o Hours of contribution
o If multiple sources exist,summarize these on a table with summed charges
o Was contribution provided by,obtained with,orsupported by government funds?If so,indicate source.
2.Funding match contribution (including in kind services)shall be for costs and services directly.attributed to
activities included in this Grant Agreement's Work Plan.These services.furnished by professional and
technical personnel,consultants.and other skilled and unskilled labor may be counted as in-kind if the
activities are an integral and necessary part of this Grant Agreement.Evaluate eligibility with State in
advance of submittal.
G-39
Grant Agreement No.4600009642
Page390j41
3.Do not track cash contributions made to a project as an expenditure as you would for an in-kind service.
When providing funding match,track cash contributions to the project (i.e.revenues)and expenditures
(typically in-kind contribution)separately in an accounting system.
4.Rates for volunteer or in-krnd services shall be consistent with those paid for similar work in the Grantee's
organization..For example,volunteer service of clearing vegetation performed by an attorney shall be
valued at a fair market value for this service,not the rote for professional legal services.In those instances in
which the required skills are not found in the recipient organization,rates shall be consistent with those paid
for similar work In the labor market.In either case,paid fringe benefits that are reasonable,allowable,and
allocable may be included in the valuation.
G-40
Grant Agreement No.4600009642
Page 40 of41
EXHIBIT H'
GRANTEE RESOLUTION
RESOLUreQfiJ NO.2011,,10
¢:::~~~H~~zI::;i~.;~g~~~~JET~;L~~~~~~~~~~~F
WATeR RESOURces STORMWA'rER FLOOD'MANAGEMENT GRANT FUNDING
FOR tHe SAN RAMON CANYON STABIUZATION PROJECT.'
WHEREAS,PubUo Resources Code sections 6096.80()et seq.al,lthQrize 1M
Catlfomia Oepartrrlent or Water REi$OUI'Ce$(OWR).lhrougo it'$lntegralea Water'
Resouroo Management (U\WM)Grant Program,to administer g rants Tn rurtlteraMa of tl'l~
state of Oa6fomia'8 (state)effi;lrts (0 el'l«JUJag~integrated regional management of water
reSOUI'CEl$,Including flOod management;and
WHeReAS,the Integrated Water Reso4lr~Marmgement (IRWM)Grant Program
Is d~s.l9l1E1d to 1iI(l99Ufl!!glil,ln1e~.t~regiQnat mi!na~m~,nt ofW{;l.~~r rQ~~rQ~s,lncludlng
flood Managemerrt,and pnwTdeftmdfngforproJectsthat supportlntegr~ted water
management planning and Implementation,and "
WHeREAS,tile DWR's IRWM Gmnt Progrl3.m Pr9POsai $oUdtaUQn Package for
Propo9l1lon 1ES1OtrnWl!lter Flood Ma:nageM&nt (SWFM)grants work in conjunction with
the 1RWM Grant Program Guldetlnes-10 disburse the firSl round of SWFM grant funding
underthe Disaster Preparedness end ,Flood Prevention Bond ACl of 2006 {F'roposltion
1E),and .
WHEREASf IRWM Grant Program apprlCatlon procedures requIre M appllcanl'$
governtng bodylQdeclare by resolutfon CEldain authorlzaiion-s r.elated tathe
administration of DWR granfS.
BE IT,THEREFORE,RESOL~O BY THE CITY COUNCIL OFTffe CITY Of
RANCHO PAlOS VEROES:.
The City Council atJ'..ho.rizas:
1.The submittal of sppJlcalion($)to OWR for all IRWM stonnwater Flood
Management Grant FUI'lding purSulilnt to th~Oi$aster Preparedness and Flood
Prevl!Jn.lion Bond Act of2006.(Public Resource Code Section 5098.800 (ilt $lfKl.)fot
the San Ramon Canyon PlQjecl
2.Tf1e;OiteQtorof Public WorkS',or his deslgneej Is hereby authorized ami
empowered to exeoute in the name ofthe CiIy of RanchO PalQlil Verdes all grant
rlQauments,fl'lQludifJgbut not tirnited tQ 1 preparallon of necessary data~:eoncIuct
inv(:$tigations,fife applications,agreemenl$,amenamoents.and reque3ts for
payment,nCC(il$$aryto sceuretgrantfurads and fmpJementthe San Ramon Canyon
project'Vlfth tl\&DWR.,
3.ThO abOve authorizations are effeotive tor five (5)yearo from the date of adoption
of this re$orutton..
G-41
Grant Agreement No.4600009642
Page 41 0141
EXHIBITH
G~ANTEE RESOLUTION
PAsseo,APPROVeD,AND ADOPTED THe 1:11 DAY OF MARCH,2011.
ArrEST:
IlllIhoDW o.Long
Mayor
ff;/,Carta Momle
GityCierk
Slale of Callfomla )
County of Los Angeles )SI;>
City of Rancho-Palo-s Verdes )
I.Carla Morreale.City Cf&rk:ofThe City of Rancho Palos Veroes,hereby certify that the
&b01l9 Resolution No.2011·10 Vias duly and regularly passed and ooopted by-the said
City Cotmoll at a regular ~tiI'lg thereof held on March 1.2011.
Reso!'.ttfon N'o.2011-10
paguof2
G-42
Quote Prepared by:
Destin Blais
(949)589-6338
dblais@blaisassoc.com
Blais&Associates
professional grant management
Grant Management Quote
Oty of Rancho Palos Verdes,California
Kit Fox,senior Administrative Analyst
Attachment B
7545 Irvine Center Drive
Irvine Business Center,Suite 200
Irvine,CA 92618
www.blaisassoc.com
Activity Hours N/A N/A Total Cost
Recommend Monthly Grant Conference Call with City Staff and B&A (Finance,PM,and B&A)(estimate 1.5
hrs/mo x 24 months)(this is a general coordination/check in call to ensure open communication and to review
the grant agreement and ensure City is complying with all requirements of the grant agreement;call will be
cancelled on a month-by-month basis if deemed not necessary)(first meeting will be on site for three hours
total plus travel time)42 $3,990.00
Prepare and submit Quarterly Progress Report (required report)(estimate two reports in 2012,four in 2013
and two in 2014)(estimate 8 hours per report x 8 reports =64 hours total)64 $6,080.00
Prepare and submit Project Completion Report (follow prescribed format)(one report)50 $4,750.00
Prepare and submit Requests for Reimbursements (use State forms)(estimate one invoice per month for 16
months x 17 hrs/invoice)(add an additional 15 hours for initial set up/file creation,etc.)287 $27,265.00
Create and retain all forms,contracts,files necessary to meet State Audit Standards (Exhibit G)(estimate 20
hrs/month for months 1 and 2,8 hrs/mo for months 3-6,and 1.5 hrs/mo for remaining 18 months)(144 hrs
total)(ensure Finance Department has duplicate files on site)99 $9,405.00
Post-Performance Reporting for 10 Years (see notes and assumptions below)$
Allowance for three on-site trips to meet with staff in person and/or attend City Council meetings,as
requested (estimate 6 hrs/meeting x 3 mtgs =18 hrs)plus preparation time 30 $2,850.00
SUBTOTAL 572 0 0 $54,340.00
Total Labor Cost Per Application $54,340.00 $$-$54,340.00
Direct Costs (charged at cost,no mark-up)
Four on-site trips (roundtip travel costs from Mission Viejo,California)(108 mi roundtrip x 4 trips x
$0.555/mile)$240.00
Reprographics and postage $600.00
SUBTOTAL Direct Costs Per Application $$840.00
Grand Total $54,340.00 $-$-$55,180.00
Work performed by B&A that is outside of the scope of this estimate will be billed at $95 per hour.
Please see "notes and assumptions."
Notes and Assumptions
Post-Performance Report (required annually for a period of 10 years beginning after the first year of operation)(estimate 10 hours annually x 10 years).This cost is not included in
the above estimate.B&A can rovide this service if desired b the Ci .
Please note that this quote is an estimate for services based on current conditions and understandings.Many factors often change during the development of a grant
application that mayor may not increase the amount of labor and materials necessary to perform the services successfully.If during the course of work,B&A believes
the work is taking longer than originally estimated,B&A will immediately notify the contract point of contact and either mutually agree to a change order or discuss
alternatives.Additionally,B&A only charges for actual work performed.The total cost to perform the tasks may be less than quoted herein.
Signature of Authorized Agent Approving Costs and Authorizing Notice to Proceed
Printed Name of Authorized Agent
Date
1 of 1G-43
Attachment C
CITY OF RANCHO PALOS VERDES
PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement")is made and entered into this 15th day of January,2013
by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY")
and Blais &Associates,Inc.(hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinaftersetforth,the parties hereto agree
as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as follows:
CONSULTANT shall provide grant management services for the CITY's construction
project titled "San Ramon Canyon Stormwater Flood Reduction Project,"in accordance
with requirements of the Grant Agreement between the State of California (Department of
Water Resources)and the City of Rancho Palos Verdes,Agreement Number
46000009642.
1.2 Description of Services
CONSULTANT shall:prepare and submit Quarterly Progress Reports;
prepare and submit Project Completion Report;prepare and submit Requests for
Reimbursements;create and retain forms,contracts,and files;provide Post-Performance
Reporting;and attend meetings and site visits,as described in CONSULTANT's Proposal,
which is attached hereto as Exhibit "A"and incorporated herein by this reference.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY,CONSULTANT
shall perform with due diligence the services requested by the CITY.Time is of the
essence in this Agreement.CONSULTANT shall not be responsible for delay,nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default by
reason of strikes,lockouts,accidents,or acts of God,or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly,or delay or faulty
performance by CITY,other consultants/contractors,or governmental agencies,or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
ARTICLE 2
COMPENSATION
Page 1 of 11
R6876-0001\1347726v1.doc Agreement for ProfessionallTechnical Services
G-44
2.1 Fee
CITY agrees to compensate CONSULTANT an amount not to exceed fifty-
five thousand one hundred eighty dollars and no cents ($55,180.00)for services as
described in Article 1.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Blais &Associates,Inc.
7545 Irvine Center Drive
Irvine Business Center,Suite 220
Irvine,CA 92618
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed in the previous month.CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30)days of receipt of each invoice.CITY agrees to use its
best efforts to notify CONSULTANT of any disputed .invoice amounts or claimed
completion percentages within ten (10)days of the receipt of each invoice.However,
CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion
percentage shall not be deemed a waiver of CITY's right to challenge such amount or
percentage.
Additionally,in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45)days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10)working days advance written notice.
2.4 Additional Services
CITY may request additional specified work under this Agreement.All such
work must be authorized in writing by the CITY's Director of Public Works prior to
commencement.CONSULTANT shall perform such services,and CITY shall pay for such
additional services in accordance with CONSULTANT's Schedule of Hourly Rates,which is
within Exhibit "A".The schedule of hourly rates shall be in effect through the end of this
Agreement.
2.5 Term of Agreement
This Agreement shall commence on January 15,2013 and shall terminate on
April 30,2015 unless sooner terminated pursuant to Article 4 of this Agreement.
Page 2 of 11
R6876-0001 \1347726v1.doc Agreement for Professionalrrechnical Services
G-45
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
CONSULTANT shall defend,indemnify,and hold the CITY,its officials,
officers,employees,agents and independent contractors serving in the role of CITY
officials,and volunteers (collectively "Indemnitees")free and harmless from any and all
claims,demands,causes of action,costs,expenses,liabilities,losses,damages or injuries,
in law or equity,to property or persons,including wrongful death (collectively "Claims"),in
any manner arising out of or incident to any acts or omissions of CONSULTANT,its
officials,officers,employees or agents in connection with the performance of this
Agreement,including without limitation the payment of all consequential damages,
attorneys'fees,and other related costs and expenses,except for such Claims arising out
of the sole negligence or willful misconduct of the Indemnitees.With respect to any and all
such Claims,CONSULTANT shall defend Indemnitees at CONSULTANT's own cost,
expense,and risk and shall pay and satisfy any jUdgment,award,or decree that may be
rendered against Indemnitees.CONSULTANT shall reimburse Indemnitees for any and all
legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided.CONSULTANT's obligation to indemnify shall not be
restricted to insurance proceeds,if any,received by CONSULTANT or Indemnitees.All
duties of CONSULTANT under this Section shall survive termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times"during the term of the Agreement carry,
maintain,and keep in full force and effect,a policy or policies of Commercial General
Liability Insurance,with minimum limits of one million dollars ($1,000,000)for each
occurrence and two million dollars ($2,000,000)general aggregate for bodily injury,death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement.Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in A.M.Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement,carry,
maintain,and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000)per claim and aggregate
for errors and/or omissions of CONSULTANT in the performance of this Agreement.Said
policy or policies shall be issued by an insurer admitted to do business in the State of
California and rated in Best's Insurance Guide with a rating of A:VII or better.If a "claims
made"policy is provided,such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3)years after the date of
Page 3 of 11
R6876-0001 \1347726v1.doc Agreement for ProfessionalfTechnical Services
G-46
work or services are accepted as completed.Coverage for the post-completion period may
be provided by renewal or replacement of the policy for each of the three (3)years or by a
three-year extended reporting period endorsement,which reinstates all limits for the
extended reporting period.If any such policy and/or policies have a retroactive date,that
date shall be no later than the date of first performance of work or services on behalf of the
CITY.Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain,and keep in full force and effect,a policy or policies of Automobile Liability
Insurance,with minimum of one million dollars ($1 ,000,000)per claim and occurrence and
two million dollars ($2,000,000)in the aggregate for bodily injuries or death of one person
and five 'hundred thousand dollars ($500,000)for property damage arising from one
incident.
3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law.CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a)All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified by the insurance carrier without thirty (30)days prior written
notice to CITY,or ten (10)days notice if cancellation is due to nonpayment of premium.
CONSULTANT agrees that it will not cancel or reduce said insurance coverage.
(b)CONSULTANT agrees that if it does not keep the aforesaid insurance
in full force and effect,CITY may either immediately terminate this Agreement or,if
insurance is available at a reasonable cost,CITY may take out the necessary insurance
and pay,at CONSULTANT's expense,the premium thereon.
3.7 Certificate of Insurance
At all times during the term of this Agreement,CONSULTANT shall maintain
on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are
in effect in the required amounts.The commercial general liability policy shall contain
endorsements naming the CITY,its officers,agents and employees as additional insureds.
3.8 Primary Coverage
Page 4 of 11
R6876-0001\1347726v1.doc Agreement for ProfessionalfTechnical Services
G-47
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY.The insurance policies (other than workers compensation and
professional liability)shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a)This Agreement may be terminated at any time,with or without cause,
by the CITY upon thirty (30)days prior written notice or by CONSULTANT upon ninety (90)
days prior written notice.Notice shall be deemed served if completed in compliance with
Section 6.14.
(b)In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY,due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
in an amount to be determined as follows:for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement as determined by the CITY,
CONSULTANT shall be paid an amount equal to the percentage of services performed
prior to the effective date of termination or cancellation in accordance with the work items;
provided,in no event shall the amount of money paid under the foreg'oing provisions of this
paragraph exceed the amount which would have been paid to CONSULTANT for the full
performance of the services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents,plans,specifications,reports,information,data,exhibits,
photographs,images,video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products")shall be and remain the property of the
CITY without restriction or limitation upon its use,duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire,"and all Written Products
and any and all intellectual property rights arising from their creation,including,but not
limited to,all copyrights and other proprietary rights,shall be and remain the property of the
CITY without restriction or limitation upon their use,duplication or dissemination by the
CITY.CONSULTANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
Page 5 of 11
R6876-0001\1347726v1.doc Agreement for Professionalrrechnical Services
G-48
CONSULTANT warrants and represents that it has secured all necessary
licenses,consents or approvals to use any instrumentality,thing or component as to which
any intellectual property right exists,including computer software,used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend,indemnify and hold the CITY,and its elected officials,officers,
employees,servants,attorneys,designated volunteers,and agents serving as independent
contractors in the role of CITY officials,harmless from any loss,claim or liability in anyway
related to a claim that CITY's use of any of the Written Products is violating federal,state
or local laws,or any contractual provisions,or any laws relating to trade names,licenses,
franchises,copyrights,patents or other means of protecting intellectual property rights
and/or interests in products or inventions.CONSULTANT shall bear all costs arising from
the use of patented,copyrighted,trade secret or trademarked documents,materials,
equipment,devices or processes in connection with its provision of the services and
Written Products produced under this Agreement.In the event the use of any of the
Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined,CONSULTANT,at its expense,
shall:(a)secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction,or by procuring a license or licenses for CITY;
or (b)modify the Written Products and other deliverables so that they become non-
infringing while remaining in compliance with the requirements of this Agreement.This
covenant shall survive the termination of this Agreement.
Upon termination,abandonment or suspension of the Project,the
CONSULTANT shall deliver to the CITY all Written Products and otherdeliverables related
to the Project without additional cost or expense to the CITY.If CONSULTANT prepares a
document on a computer,CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee,and CONSULTANT shall notify CITY of CONSULTANT's designated
representative.These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48),the applicable equal employment provisions of the
Civil Rights Act of 1964 (42 U.S.C.200e-217),and the Americans with Disabilities Act of
Page 6 of 11
R6876-0001 \1347726v1.doc Agreement for ProfessionalfTechnical Services
G-49
1992 (42 U.S.C.§11200,et seq.).
6.3 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,all
personnel required to perform CONSULTANT's services under this Agreement.Any
person who performs engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer by the State of California and in good standing.CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director of
Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subconsultants in the
performance of its services under this Agreement,but at all times shall CONSULTANT be
responsible for its associates or subconsultants'services.
6.4 CONSULTANT's Representations
CONSULTANT represents,covenants and agrees that:a)CONSULTANT is
licensed,qualified,and capable of furnishing the labor,materials,and expertise necessary
to perform the services in accordance with the terms and conditions set forth in this
Agreement;b)there are no obligations,commitments,or impediments of any kind that will
limit or prevent CONSULTANT's full performance under this Agreement;c)to the extent
required by the standard of practice,CONSULTANT has investigated and considered the
scope of services performed,has carefully considered how the services should be
performed,and understands the facilities,difficulties and restrictions attending
performance of the services under this Agreement.
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12)months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100)in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.6 Legal Action
(a)Should either party to this Agreement bring legal action against the
other,the validity,interpretation,and performance of this Agreement shall be controlled by
and construed under the laws of the State of California,excluding California's choice of law
rules.Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b)If any legal action or other proceeding,including action for declaratory
Page 7 of 11
R6876-0001\1347726v1.doc Agreement for Professionalffechnical Services
G-50
relief,is brought for the enforcement of this Agreement or because of an alleged dispute,
breach,default or misrepresentation in connection with this Agreement,the prevailing party
shall be entitled to recover reasonable attorneys'fees,experts'fees,and other costs,in
addition to any other relief to which the party may be entitled.
(c)Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent,CITY shall compensate CONSULTANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY.Any such purported
assignment without written consent shall be null and void,and CONSULTANT shall hold
harmless,defend and indemnify the CITY and its officers,officials,employees, agents and
representatives with respect to any claim,demand or action arising from any unauthorized
assignment.
Notwithstanding the above,CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ,when it is appropriate and customary to
do so.Such persons and entities include,but are not necessarily limited to,surveyors,
specialized consultants,and testing laboratories.CONSULTANT's use of subconsultants
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain,as to the CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees,except as herein set
forth,and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons,firms,or
corporations as the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation,or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent.CONSULTANT shall not,at any
time or in any manner,represent that it or any of its agents,servants or employees,are in
any manner agents,servants or employees of CITY.CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement,and to indemnify
and hold the CITY harmless from any and all taxes,assessments,penalties,and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement.CONSULTANT shall fully comply with the workers'compensation law
regarding CONSULTANT and its employees.CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
Page 8 of 11
R6876-0001 \1347726v1.doc Agreement for ProfessionalfTechnical Services
G-51
workers'compensation laws.The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.9 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.10 Entire Agreement
This Agreement,including any other documents incorporated herein by
specific reference,represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations,representations or agreements,
either written or oral.This Agreement may be modified or amended,or provisions or
breach may be waived,only by subsequent written agreement signed by both parties.
6.11 Construction
In the event of any asserted ambiguity in,or dispute regarding the
interpretation of any matter herein,the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.12 Non-Waiver of Terms,Rights and Remedies
Waiver by either party of anyone or more of the conditions of performance under
this Agreement shall not be a waiver of any other condition of performance under this
Agreement.In no event shall the making by the CITY of any payment to CONSULTANT
constitute or be construed as a waiver by the CITY of any breach of covenant,or any
default which may then exist on the part of CONSULTANT,and the making of any such
payment by the CITY shall in no way impair or prejudice any right or remedy available to
the CITY with regard to such breach or default.
6.13 Severability
If any term or portion of this Agreement is held to be invalid,illegal,or otherwise
unenforceable by a court of competent jurisdiction,the remaining provisions of this
Agreement shall continue in full force and effect.
6.14 Notice
Page 9 of 11
R6876-0001\1347726v1.doc Agreement for Professionalffechnical Services
G-52
Except as otherwise required by law,any notice or other communication authorized
or required by this Agreement shall be in writing and shall be deemed received on (a)the
day of delivery if delivered by hand or overnight courier service during CONSULTANT's or
CITY's regular business hours or (b)on the third business day following deposit in the
United States mail,postage prepaid,to the addresses listed below,or at such other
address as one party may notify the other:
To CITY:
Ron Dragoo
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Destin Blais
7545 Irvine Center Drive,Irvine Business Center,Suite 200
Irvine,CA 92618
[Signatures on next page.]
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Page 10 of 11
R6876-0001\1347726v1.doc Agreement for Professionalffechnical Services
G-53
Dated:_
Dated:_
ATTEST:
By:_
City Clerk
BLAIS &ASSOCIATES,INC.
("CONSULTANT")
By:_
Printed Name:_
Title:_
By:_
Printed Name:_
Title:_
CITY OF RANCHO PALOS VERDES
("CITY")
Mayor
APPROVED AS TO FORM:
By:_
City Attorney
R6876-0001 \1347726v1.doc
Page 11 of 11
Agreement for ProfessionallTechnical Services
G-54
Exhibit "A":
Consultant's Proposal,including Schedule of Hourly Rates
QulltAO.,ep;ored,W-
oest.in·Blais
{949i ......~.
dblais@lbialsassot:>anrt
7~IO'1_ne c:ertterorivefrijne8l1si~:ee.;5u!te2QO
kYine~CA:92611
\WNi.btilli$us'oci"onl
Grant Management Quote
Cf'.entName
trm'lt,·cDritKt
COfh"th("jafoi'~.Q:lifotrlia
KIt:SeriIOr-Adirii~,APa
_.00
~34D.oo
~_.oo
080.00
$
$
f<tA
a
>l/A
..
oWBTOTA(Ji?2
1l>tliIl4Wcm ....~$,5iI;~
FO!Jr~~:trip5,1r~ip:lfavelco$iJ'~-M~n,Viej~i~i~)(j,o."'t~u~Pilf.4·i{%n:"
Sll..55Imile
$
Wotk]leffo<med by .........(1........oI1lIe SalJlI!oItbisllslim.",wiIlheljilr..!at $l5pe,"'"
.'lRSe:5l!e~:and"~QnS··
Notes and Assumptions
p;~..pe~OrpmlC~Report{reqUired ;,n_nwftyfgr a,~riod oflOYHfS bePMJncilfterthe'.fjr5t:year-ofoperationl(esilmite1DbcuJ:ilnnliaUVXlil~}.·'ThI:s;,cqst.isJlOi:~~-in
os •A •t'•....
PJ~n~te_tb~--~i~q~e'is:iI~'Btjm_a~fOr,sewi~s~~,~_u"'t.a:mdhi~_~-~~,~ncs~'J~~f~mt~ry~~~ilil=.~.~;~~'mrt,~'~~r)tI1Pplicati()n,tbiJt:~yor~~,not_i:~e~e_~D&mtof~~and:m~bn~ryt:C,perJOrmt"'~~~:C:~~,Ity~_t!_~~.~:of_Wort,~~IieY~
the work Is takinr~erthan orlCl~"~V~tm"tedlB&A~"ft ~mediatt~nOtiffthe cOntr.Ktpoint'et~,lIrtd:eltbet:m,litUaltY acreeto,a'Ch;mge orderur di5CO$S
ilhamiiltives.:Additionally..B&AOnlydliitgesfor::aaual wortperfot'ttleCtThetotaicostto perfonn1tle,taSks I1QV be,_t~:quoted herein.
lCof.1
Exhibit "A"
R6876-0001\1347726v1.doc
G-55