RPVCCA_CC_SR_2013_03_05_05_San_Ramon_Canyon_Stormwater_Flood_Reduction_ProjectTO:
FROM:
DATE:
SUBJECT:
MEMORANDUM RANCHO PALOS VERDES
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL .~
DIRECTOR OF PUBLIC WORKS'(J ,
MARCH 5,2013
AWARD CONTRACTS -SAN RAMON CANYON STORMWATER FLOOD
REDUCTION PROJECT
REVIEWED:CAROLYN LEHR,CITY MANAGER ~
Project Manager:Ron Dra~
RECOMMENDATIONS
1 Approve the Plans and Specifications for the San Ramon Canyon Stormwater
Flood Reduction Project.
2 Approve Item 1 to Award a Construction Contract to L.H.Woods and Sons Inc.
($15,140,000)for construction of the San Ramon Canyon Stormwater Flood
Reduction Project and authorize a 10 percent construction contingency
($1,500,000).
3 Approve Item 2 to Award a Professional Services Contract to KOA Corporation
for construction management and construction inspection services ($640,840)
for the San Ramon Canyon Stormwater Flood Reduction Project.
4 Approve Item 3 to Award a Professional Services Contract to Ninyo &Moore for
geotechnical services ($246,596)during the construction of the San Ramon
Canyon Stormwater Flood Reduction Project.
5 Approve Item 4 to Award a Professional Services Contract to Harris &
Associates for design related consulting services ($113,000)during the
construction of the San Ramon Canyon Stormwater Flood Reduction Project.
6 Approve Item 5 to Award a Professional Services Contract'to SFC Consulting to
provide environmental monitoring and assistance ($117,300)during the
construction of the San Ramon Canyon Stormwater Flood Reduction Project.
7 Authorize the Mayor and City Clerk to execute the contracts with L.H.Woods
and Sons,Inc.,KOA Corporation,Ninyo &Moore,Harris &Associates,and SFC
Consulting.
8 Adopt Resolution 2013-_,a resolution of the City Council of the City of
Rancho Palos Verdes amending resolution 2012-43,the budget appropriation for
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fiscal year 2012-13,for budget adjustments to the City's Capital Improvement
Projects Fund and Water Quality and Flood Protection Fund for the construction
of the San Ramon Canyon Stormwater Flood Reduction Project.
BACKGROUND
The periodic flooding of 25 th Street,which occasionally closed the access for days at a
time,has been an ongoing issue for the City for many years,but the seemingly
insurmountable obstacles prevented any realistic design proposals from seeing the light
of day.In an attempt to solicit the help of other interested jurisdictions,City Staff
frequently met with the City of Los Angeles and the Los Angeles County over several
years,but were only able to identify the problems,without agreeing on a viable solution.
On November 1,2008 the City Council undertook a field trip up the canyon to see the
issues first hand,which led to the City Council awarding a contract for a Project Study
Report o~March 16,2010.Seven alternative designs were developed and analyzed,
which led to the selection of the preferred alternative.
On May 17,2011 City Council awarded a design contract to Harris &Associated for the
design of the San Ramon Canyon Stormwater Flood Reduction Project.The design of
the City Council's preferred alternative was completed and approval of the project from
all of the regulating agencies was obtained December 3,2012.Prospective bidders
were prequalified and ultimately bids were received January 25,2013.
In December 2011 the City was advised the San Ramon Canyon Stormwater Flood
Reduction Project had been selected for a 50/50 matching grant in the amount of
$9,464,727 (total value $18,929,727).The grant agreement was executed by the State
in October 2012.
This important project will provide much needed protection to the community by
safeguarding the two strategic access routes,Palos Verdes Drive East (PVDE)and
Palos Verdes Drive South (PVDS)as well as the community downstream of 25th Street
in the City of Los Angeles.The project comprises a number of major elements:
•The inlet structure and associated maintenance access road inside the San
Ramon Canyon,adjacent to the upper switchback on PVDE
•The 4,000-foot long 54"steel pipe from the inlet structure to the beach
•The 2,000-foot long 80"diameter tunnel that the first half of the storm drain runs
through between the Inlet Structure to a point below PVDS
•The 325-foot long 80"diameter sloped tunnel to the beach;which has the last
section of the pipe run through it
•The outlet structure on the beach.
•The partial filling of the canyon,which will help to stabilize the canyon
downstream of the inlet structure.
•The re-shaping and re-vegetation of areas within the canyon that are disturbed
by construction as well as areas that have been eroded over years.
The following conditions have been met:
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•Execution of the Grant Agreement between the State of California Department of
Water Resources and the City of Rancho Palos Verdes occurred on October 31,
2012
•Issuance of the permit from The Department of Fish and Game occurred on May
18,2012
•Issuance of the permit from The Los Angeles Regional Water Quality Control
Board occurred on July 2,2012
•Issuance of the permit from The Army Corps of Engineers occurred on
December 3,2012
•Approval of the Council-Adopted Labor Compliance Program by the Department
of Industrial Relations,effective February 12,2013.
Five bids were received and opened on January 25,2013.A sixth contractor was late
submitting his bid and accordingly his bid was not accepted.This contractor has
submitted an objection.The Staff reviewed the objection and found it to be without
merit.Staff advised the contractor of the determination and provided the contractor
approximately 2 weeks to appeal Staff's determination;the contractor submitted an
appeal to the City Manager on February 22,2013.The City Manager reviewed the
appeal and determined that the appeal is without merit.
ANALYSIS
This is a complex project,requiring varied services from different engineering and
scientific disciplines.The following is an explanation of those services.
ITEM 1 Award of the Base Bid Construction Contract to L.H.Woods &Sons Inc.
The San Ramon Canyon Storm Water Flood Reduction Project has been designed to
eliminate the threat of losing PVDE into the canyon,drastically reduce the flooding of
25th Street and stabilize the canyon,while providing flood protection to the downstream
neighborhoods.With a project as large and as complicated as this,the City decided to
prequalify interested bidders,Twelve prospective bidders were ultimately prequalified,
mostly from the West Coast,but as far afield as Wisconsin.A mandatory pre-bid
conference,with an extensive job-walk of the entire project was conducted with the
qualified bidders.A longer than normal bid period was granted to allow for a thorough
evaluation of this complex project by the bidders.Five responsive and responsible bids
were received on 1/25/13
For reference the bid results are as follows:
BIDDER BASE BID
1 L.H.WOODS &SONS,INC.$15,140,000
2 W.A.RAISIC CONSTRUCTION COMPANY,INC $16,335,614
3 COUCH &SONS LP $17,396,638
4 STEVE BUBALO CONSTRUCTION COMPANY $18,233,915
5 GRFCO INC.$18,924,080
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Staff has evaluated the apparent low bidder's proposal,checked all references and is
reporting L.H.Woods &Sons,Inc.'s proposal is a responsive and responsible bid.Staff
is recommending City Council award a construction contract to L.H.Woods &Sons,
Inc.,at the base bid amount of $15,140,000.
The project will include placing fill soil within San Ramon Canyon adjacent to the
Tarapaca Landslide,approximately 2,000 feet of tunneling under the switchbacks,
1,700 feet of traditional cut and cover storm drain installation,the installation of a slant
drain to the beach which will be approximately 300 feet long,and the installation of inlet
and outlet structures.Project work may require field changes which can be
accomplished quickly and require additional funds.Accordingly,Staff is requesting the
City Council authorize a 10 percent ($1,500,000)construction contingency.City
Council "'(ill be advised if contingency funding is needed to resolve construction related
issues.
ITEM 2 Base Construction Management and Inspection Services
Proposals were requested from five consultant firms for construction management and
inspection services for the project.Two proposals were received and evaluated.The
most favorable proposal was from KOA Corporation,which fulfills all of the
requirements of the RFP.Staff has worked with KOA in the past and is comfortable
with the proposed team's ability to provide construction management and inspections
services for the project.
The scope of work specific to construction management provides for the tracking and
management of the schedule and expenses as would be typical on a public works
project such as this.A base line project schedule will be established.The agreed upon
schedule will then be loaded with project material and labor costs.Project monitoring
will track the progress of work performed against the base line,invoices submitted,
work completed and materials used during the progress of the work.Project schedules
will be continuously monitored.A critical path Gantt chart will be used to tract project
progress based on the schedule of values work completed concept.A weekly schedule
with three week look ahead schedules will be used to verify construction progress.
Charts will be modified as required to compare the most significant items of work with
the base line schedule in addition to monitoring project spending compared to time
passed.Normal budget tracking systems will be used and required project reporting
performed.Work associated with each of the bid items will be traCked and assessed on
a weekly basis.Payment will only be made for percentages of work completed at the
time the invoice was submitted for each of the items presented in the invoice.A
retention amount of 5 percent is required to be held on payments made to the
contractor.Release of the 5 percent retention us usually authorized at the end of the
project following filing of the notice of completion.
Staff is recommending City Council award a Professional Services Agreement to KOA
Corporation,Inc.for Construction Management and Inspection services in the not-to-
exceed amount of $640,840.
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ITEM 3 Base Geotechnical Services
A proposal was requested and received from Ninyo &Moore to provide geotechnical
services for the project.Ninyo &Moore is the geotechnical firm of record for this project
and has a complete understanding of the project.Maintaining continuity with the
construction inspection/evaluation aspect of the geotechnical firm of record is especially
important on this project.Significant tunneling,boring of 38 caissons and installing 40
tieback anchors will require there professional expertise.Ninyo &Moore will provide full
time geotechnical related inspection services and mapping of geotechnical conditions
during the construction phase of the project and will additionally provide oversight
reading the ground movement monitors that are currently in place.·A reasonable not-to-
exceed cost was negotiated with Ninyo &Moore for their services in the amount of
$246,596.00.
ITEM 4 Base Design Support Services
A propos?!l was requested and received from Harris &Associates to provide
construction related design support services for the project.Harris &Associates is the
design firm of record for this project and together with their structural engineer and
landscape architect have a total understanding of the design intent of every aspect of
the project.They are the firm best suited to respond to requests for information,
interpretation of the project documents and provide evaluation of technical submittals
along with engineering drawings that may be required when addressing minor changes
in the work.A reasonable not-to-exceed cost was negotiated with Harris &Associates
for the services in the amount of $113,000.00.
ITEM 5 Base Environmental Consulting Services
A proposal was requested and received from SFC Consultants Associates,Inc.to
provide environmental related services for the project.SFC is the firm that provided
assistance to the City during permit acquisition from the resource agencies.There are
extensive requirements relating to those permits and Staff believes SFC is the firm best
suited to responding to those requirements.They have a clear understanding of the
goals of the project and the requirements of the Resource Agencies.SFC will also
provide the environmental monitoring during the construction and provide the mitigation
monitoring required during the post construction phase,which will extend for five years
after the completion of the project.A reasonable not-to-exceed cost was negotiated
with SFC Consulting for the services for the services in the amount of $117,300.00.
The only access for the contractor to get to the beach to construct the outlet structure is
through White Point,which is controlled by The County of Los Angeles Beach and
Harbor Division.Staff met with representatives of the Division at City Hall and in the
field to review the access.The County will enter into an access agreement with the City
to allow access through their facility under certain conditio'ns,which includes insurance
requirements.Also required are an application fee of $250 and paying a refundable
deposit of $10,000.Since the contractor will be using the access route along the coast
and could damage improvements,the contract documents have a clause to provide a
deduction of up to $10,000 from the contractor should the County not refund the
deposit for any reason.
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CONCLUSIONS
Adopting staff's recommendations will cause the following actions:
•Award a construction contract to L.H.Woods &Sons,Inc.in the amount of
$15,140,000 and authorizing staff to use a construction contingency not to
exceed $1,500,000.
•Award a Professional Services Contract to KOA Corporation in the not to exceed
amount of $640,840 for construction management and inspection services.
•Award a Professional Services Contract to Ninyo &Moore in the not to exceed
amount of $246,596 for geotechnical services.
•Award a Professional Services Contract to Harris &Associates in the not to
exceed amount of $113,000 for design related consulting services during the
construction of the San Ramon Canyon Stormwater Flood Reduction Project.
•Award a Professional Services Contract to SFC Consulting in the not to exceed
amount of $117,300 to provide environmental monitoring and assistance during
construction.
•Authorize the Mayor and City Clerk to execute the contracts with L.H.Woods
and Sons,Inc.KOA Corporation,Ninyo &Moore,Harris &Associates,SFC
Consulting.
•Adopt Resolution 2013-_,a resolution of the City Council of the City of
Rancho Palos Verdes amending resolution 2012-43,the budget appropriation for
fiscal year 2012-13,for budget adjustments to the City's Infrastructure
FISCAL IMPACT
The City was awarded a grant from the Disaster Preparedness and Flood Prevention
Bond Act of 2006 to assist in financing the San Ramon Canyon Stormwater Flood
Reduction Project for the Stormwater Flood Management Program.The Grant is
administered by the State Department of Water Resources.The maximum dollar
amount of reimbursement offered through this State grant was se~at $9,464,727;the
total cost of the work eligible for 50/50 cost sharing is $18,929,455.
Costs identified in the grant agreement that are eligible for,the 50/50 cost share include
the reasonable costs of studies,engineering,design,land and easement acquisition,
legal fees,preparation of environmental documentation,environmental mitigations,
monitoring,project construction and associated contingencies.
Costs associated with the recommended actions are eligible for grant reimbursement
and are estimated at $17,757,736 as follows:
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Construction
Contingency
Construction Management/I nspection
Geotechnical Services
Design Support
Environmental Monitoring
$15,140,000
$1,500,000
$640,840
$246,596
$113,000
$117,300
Staff proposes to account for these expenditures in the City's Water Quality and Flood
Protection Fund.Until a financing plan for San Ramon is finalized,Staff proposes a use
of the CIP Reserve for the City's matching contribution.If the City issues debt or
secures another form of financing,the CIP Reserve may be reimbursed.
The proposed budget adjustment will appropriate the entire remaining amount of the
project cqst in the WQFP Fund,budget for the expected grant revenue,and authorize
an operating transfer from the CIP Reserve for the City's matching contribution as
follows:
Grant Revenue (50%of $18.9 million)$9,464,727
Transfer If from CIP Reserve 8,293,009
Requested Appropriation $17,757,736
The actual CIP Reserve balance at June 30,2012 was $10,969,216 (audited fund
balance of $15,406,941,less $4,437,725 to be used for appropriations continued from
FY11-12).The estimated June 30,2013 CIP Reserve (after additional funding from
Terranea TOT)is expected to be $13,996,423 as reported in the Midyear Financial
Report also on this agenda.If the City Council adopts the proposed budget resolution,
the revised estimated June 30,2013 CIP Reserve will be $5,703,414 ($13,996,423 less
the requested City contribution of $8,293,009),which is $2,703,414 in excess of the
reserve policy minimum threshold of $3,000,000.
Attachments:A)
B)
C)
D)
E)
F)
Construction Contract with L.H.Woods &Sons,Inc.
Professional Services Agreement with KOA Corporation
Professional Services Agreement with Ninyo &Moore
Professional Services Agreement with Harris,&Associates
Professional Services Agreement with SFC Consultants
Resolution 2013 -----
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Attachment A
CITY OF RANCHO PALOS VERDES
CONTRACT FOR:
SAN RAMON CANYON STORM DRAIN SYSTEM
THIS AGREEMENT ("Agreement")is made and entered this 51h day of March,2013,by and between the
CITY OF RANCHO PALOS VERDES,a California municipal corporation ("City")and L.H.Woods &
Sons,Inc.("Contractor").Contractor's license number is 213353.
In consideration of the mutual covenants hereinafter set forth,the parties hereto agree as follows:
1.Scope of Services.Contractor shall perform the work and provide all labor,materials,equipment
and services in a good and workmanlike manner for the project identified as SAN RAMON CANYON
STORM DRAIN SYSTEM ("Project"),as described in this Agreement and in the Bid Documents
(including the Notice Inviting Sealed Bids,the Instructions to Bidders,the Proposal,the General
Provisions,the Special Provisions,the Project Special Provisions,Appendices I through V,and all
addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of
any said documents),which are attached hereto as Exhibit "A"and incorporated herein by this reference,
including miscellaneous appurtenant work.All work shall be performed in accordance with the latest
edition of the Standard Specifications for Public Works Construction (commonly known as the
"Green book"),prepared and promulgated by the Southern California Chapter of the American Public
Works Association and the Associated General Contractors of California (collectively "Standard
Specifications"),which is incorporated herein by this reference.In the event of any conflict between the
terms of this Agreement and incorporated documents,the terms of this Agreement shall control.
2.Extra Work.Extra work,when ordered in writing by the Director of Public Works and accepted
by the Contractor,shall be paid for under written work order in accordance with the terms therein
provided.Payment for extra work will be made at the unit price or lump sum previously agreed upon in
writing between the Contractor and the Director of Public Works.All extra work shall be adjusted daily
upon report sheet furnished by the Contractor,prepared by the Director of Public Works,and signed by
both parties,and said daily report shall be considered thereafter the true records of extra work done.
3.Term.This Agreement is effective as of the date listed above,and shall remain in full force and
effect until Contractor has rendered the services required by this Agreement or October 3,2014,
whichever occurs earlier.
4.Time.Time is of the essence in this Agreement.
5.Force Majeure.Neither the City nor Contractor shall be responsible for delays in performance
under this Agreement due to causes beyond its control,including but not limited to acts of God,acts of
the public enemy,acts of the Government,fires,floods or other casualty,epidemics,earthquakes,labor
stoppages or slowdowns,freight embargoes,unusually severe weather,and supplier delays due to such
causes.Neither economic nor market conditions nor the financial condition of either party shall be
considered a cause to excuse delay pursuant to this Section.Each party shall notilY the other promptly in
writing of each such excusable delay,its cause and its expected delay,and shall upon request update such
notice.
6.Compensation.In consideration of the services rendered hereunder,City shall pay Contractor a
not to exceed amount of Fifteen Million One Hundred Forty Thousand dollars ($15,140,000)in
accordance with the prices as submitted in Contractor's Proposal,attached hereto as Exhibit "B"and
ATTACHMENT 5-1
incorporated herein by this reference.This compensation is at least partially paid from a grant from the
California Department of Water Resources ("DWR").
7.Payments.Payment requests must include:the date of the request;time period covered by the
request;and receipts,copies of checks,and timesheets,as appropriate,for all costs incurred.City shall
make payments within thirty (30)days after receipt of an undisputed and properly submitted payment
request from Contractor.City shall return to Contractor any payment request determined not to be a
proper payment request as soon as practicable,but not later than seven (7)days after receipt,and shall
explain in writing the reasons why the payment request is not proper.
A payment shall be made as the City Council of the City prescribes upon estimates approved by the
City Council.However,progress payments shall not be made in excess of ninety-five percent (95%)of
the percentage of actual work completed plus a like percentage of the value of material delivered on the
ground or stored subject to,or under the control of,the City,and unused.The City shall withhold not less
than five percent (5%)of the Agreement price until final completion and acceptance of the Project.
However,at any time after fifty percent (50%)of the work has been completed,if the City Council of the
City finds that satisfactory progress is being made,it may,at its discretion,make any of the remaining
progress payments in full for actual work completed.
Notwithstanding the two prior paragraphs,the City shall not make payments when payroll records are
delinquent or inadequate.The City shall withhold payments equal to the amount of underpayment and
applicable penalties when,after investigation,it is established that underpayment has occurred.
8.Substitute Security.
a.At the written request and expense of Contractor,securities equivalent to any moneys
withheld by the City to ensure performance under this Agreement shall be deposited with the City,or
with a state or federally chartered bank in the State of California as the escrow agent,that shall then pay
those moneys to Contractor.Upon satisfactory completion of the Agreement,the securities shall be
returned to Contractor.
b.Alternatively,Contractor may request that the City shall make payment of retentions
earned directly to the escrow agent at the expense of Contractor.At the expense of Contractor,Contractor
may direct the investment of the payments into securities,and Contractor shall receive the interest earned
on the investments upon the same terms provided for securities deposited by Contractor.Upon
satisfactory completion of the Agreement,Contractor shall receive from the escrow agent all securities,
interest,and payments received by the escrow agent from the City,pursuant to the terms of this Section.
c.Securities eligible for investment shall include those listed in California Government
Code Section 16430,bank or savings and loan certificates of deposit,interest-bearing demand deposit
accounts,standby letters of credit,or any other security to which Contractor and the City mutually agree
in writing.Contractor shall be the beneficial owner of any securities substituted for moneys withheld and
shall receive any interest thereon.
d.If Contractor elects to receive interest on moneys withheld in retention by the City,it
shall,at the request of any subcontractor performing more than five percent (5%)of Contractor's total
bid,make that option available to the subcontractor regarding any moneys withheld in retention by
Contractor from the subcontractor.Further mandatory details are provided in Public Contract Code
Section 22300(d),which is incorporated herein by this reference.
ATTACHMENT 5-2
e.The escrow agreement for security deposits in lieu of retention shall be substantially
similar to the form provided in Public Contract Code Section 22300(1),which is incorporated herein by
this reference.
9.Taxes.Contractor shall calculate payment for all sales,unemployment,old age pension and other
taxes imposed by local,State of California and federal law.These payments are included in the total
amounts in Exhibit "B.I'
1O.Audit.The City or its representative shall have the option of inspecting and/or auditing all records
and other written materials used by Contractor in preparing its billings to the City as a condition
precedent to any payment to Contractor.Second,Contractor shall be subject to State Auditor examination
and audit at the request of the City or as part of any audit of the City throughout the term of this
Agreement and for a period of three (3)years after final payment under this Agreement.Third,the City or
its representative shall have access to documents and availability of Contractor's staff to answer questions
in preparing reports required by the DWR under the terms of its grant throughout the term of this
Agreement and for a period often (10)years after final payment under this Agreement.Contractor shall
maintain books,records and other documents related to the Project in accordance with generally accepted
accounting principles and practices.Contractor will promptly furnish documents and make staff available
upon request by the City.
11.Inspections.DWR,the City,or either of their representatives shall have the right to inspect the
work being performed at any and all reasonable times,providing a minimum of a 24-hour notice.
Contractor shall ensure access to all work sites and shall include provisions ensuring such access in all its
contracts with subcontractors.Among other activities,the inspectors may photograph the site or any part
thereof,including workers present.
12.Unresolved Disputes.In the event that a dispute arises between the City and Contractor regarding
whether the conditions materially differ,involve hazardous waste,or cause a decrease or increase in
Contractor's cost of or time required for performance of any part of the work,Contractor shall not be
excused from any scheduled completion date provided for by the Agreement,but shall proceed with all
work to be performed under the Agreement.Contractor shall retain any and all rights provided that
pertain to the resolution of disputes and protests between the parties.In the event of any dispute or
controversy with the City over any matter whatsoever,Contractor shall not cause any delay or cessation
in or of work,but shall proceed with the performance of the work in dispute.This includes disputed time
extension requests and prices for changes.The disputed work will be categorized as an "unresolved
dispute"and payment,if any,shall be as later determined by mutual agreement or a court of law.
Contractor shall keep accurate,detailed records of all disputed work,claims and other disputed matters.
Public Contract Code Sections 20104 et seq.and Rancho Palos Verdes Municipal Code chapter 3.24
("Claims Against the City")shall govern the procedures of the claim process,and these provisions are
incorporated herein by this reference.
13.Termination.This Agreement may be canceled by the City at any time with or without cause
without penalty upon thirty (30)days'written notice.Additionally,upon notice by DWR of termination of
its agreement with the City or any reduction or delay in disbursing grant funds,the City may cancel this
Agreement without penalty upon any written notice.In the event of termination without fault of
Contractor,City shall pay Contractor for all services satisfactorily rendered prior to date of termination,
and such payment shall be in full satisfaction of all services rendered hereunder.
14.Incorporation by Reference.All of the following documents are attached hereto and incorporated
herein by this reference:City of Rancho Palos Verdes Instructions for Execution of Instruments;
Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract;Workers'
Compensation Certificate of Insurance;Indemnification and Hold Harmless Agreement and Waiver of
ATTACHMENT 5-3
Subrogation and Contribution;Additional Insured Endorsement (Comprehensive General Liability);
Additional Insured Endorsement (Automobile Liability);Additional Insured Endorsement (Excess
Liability);the Drug-Free Workplace Certification;and the Child Support Compliance Acknowledgement.
15.Antitrust Claims.In entering into this Agreement,Contractor offers and agrees to assign to the
City all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.c.Sec.15)or under the Cartwright Act (Chapter 2 (commencing with Section 16700)of Part
2 of Division 7 of the California Business and Professions Code)arising from purchases of goods,
services,or materials pursuant to the Agreement.This assignment shall be made and become effective at
the time the City tenders final payment to Contractor without further acknowledgment by the parties.
16.Trenching and Excavations.If the project involves trenching more than four (4)feet deep,
Contractor shall promptly and before the following conditions are disturbed notify the City in writing of
any:material that Contractor believes may be material that is hazardous waste,as defined in California
Health and Safety Code Section 251 J 7,that is required to be removed to a Class 1,Class 11,or Class III
disposal site in accordance with provisions of existing law;subsurface or latent physical conditions at the
site differing from those indicated;or unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in work of the
character provided for in the Agreement.The City shall promptly investigate the conditions,and if the
City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or
increase in Contractor's cost of or the time required for performance of any part of the work,the City
shall issue a change order.
17.Plans.In advance of excavation,Contractor shall submit to the City for its acceptance a detailed
plan showing the design of shoring,bracing, sloping,or other provisions to be made for worker protection
from the hazard of caving ground during the excavation of such trench or trenches.If such plan varies
from the shoring system standards,the plan shall be prepared by a registered civil or structural engineer.
Nothing in this section shall be deemed to allow the use of a shoring,sloping,or protective system less
effective than that required by the Construction Safety Orders.
18.Utilities.The City acknowledges its responsibilities under Government Code section 4215 and
incorporates that section herein by this reference.
19.Location of Existing Elements.The methods used and costs involved to locate existing elements,
points of connection and all construction methods are Contractor's sole responsibility.Accuracy of
information furnished,as to existing conditions,is not guaranteed by the City.Contractor,at its sole
expense,must make all investigations necessary to determine locations of existing elements,which may
include,without limitation,contacting U.S.A.Alert and other private underground locating firm(s),
utilizing specialized locating equipment and/or hand trenching.
20.Statewide Monitoring Requirements.Contractor shall ensure that,if the Project includes
groundwater monitoring requirements,the Project is consistent with the Groundwater Quality Monitoring
Act of2001 (Water Code section 10780 et seq.).
21.Ownership of Documents and Work Product.
a.All documents,plans,specifications,reports,information,data,exhibits,photographs,
drawings,computer programs,operating manuals,notes,images,and all other video files,media,and
written or graphic work produced,created or developed by Contractor 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,
ATTACHMENT 5-4
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.
Contractor shall not obtain or attempt to obtain copyright protection as to any Written Products.
b.Contractor 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.
c.Contractor 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.Contractor shall defend,indemnify and hold the City,and its elected
officials,officers,employees,servants,attorneys,designated volunteers,and agents serving as
independent contractors in the role of City officials,harmless from any loss,claim or liability in any way
related to a claim that City's use of any of the Written Products is violating federal,state or local laws,or
any contractual provisions,or any laws relating to trade names,licenses,franchises,copyrights,patents or
other means of protecting intellectual property rights and/or interests in products or inventions.
Contractor 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,Contractor,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.
d.Upon termination,abandonment or suspension of the Project,the Contractor shall deliver
to the City all Written Products and other deliverables related to the Project without additional cost or
expense to the City.If Contractor prepares a document on a computer,Contractor shall provide City with
said document both in a printed format and in an electronic format that is acceptable to the City.
22.Independent Contractor.Contractor 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
Contractor or any of the Contractor's employees,except as herein set forth,and Contractor 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 at the Contractor wishes except as expressly provided
in this Agreement.Contractor shall have no power to incur any debt,obligation,or liability on behalf of
the City,bind the City in any manner,or otherwise act on behalf of the City as an agent.Contractor 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.Contractor agrees to pay all required taxes on amounts paid
to Contractor 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.Contractor shall fully comply with the workers'compensation
law regarding Contractor and its employees.Contractor further agrees to indemnify and hold the City
harmless from any failure of Contractor to comply with applicable workers'compensation laws.The City
shall have the right to offset against the amount of any compensation due to Contractor under this
Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the
City any reimbursement or indemnification arising under this Section.
ATTACHMENT 5-5
23.Prevailing Wages.City and Contractor acknowledge that this project is a public work to which
prevailing wages apply.The Agreement to Comply with California Labor Law Requirements is attached
hereto and incorporated herein by this reference.Eight hours of labor constitutes a legal day's work.
24.Workers'Compensation.California Labor Code Sections 1860 and 3700 provide that every
contractor will be required to secure the payment of compensation to its employees.In accordance with
the provisions of California Labor Code Section 1861,the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers'compensation or to under take self
insurance in accordance with the provisions of that code,and I will comply with such
provisions before commencing the performance of the work of this contract."
25.Subcontracting.Contractor shall adhere to all provisions of the Subletting and Subcontracting
Fair Practices Act,Public Contract Code Section 4100 et seq.,which is incorporated herein by this
reference.
26.Nondiscrimination.Contractor shall not unlawfully discriminate,harass,or allow harassment
against any employee or applicant for employment based on race,color,ancestry,religion,national
origin,gender,sex,sexual orientation,physical disability (including HIV and AIDS),mental disability,
medical condition,age,marital status and denial of family care leave.Contractor shall comply with the
provisions of the Fair Employment and Housing Act (Government Code section 12990 (a-f)et seq.)and
the applicable regulations promulgated thereunder (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 California
Code of Regulations,are incorporated into this Agreement by reference and made part hereof as if set
forth in full.Contractor understands and agrees that it is bound by and will comply with the
nondiscrimination mandates of all statutes and local ordinances and regulations.
27.Debarred,Suspended or Ineligible Contractors.Contractor shall not be debarred throughout the
duration of this Agreement.Contractor shall not perform work with debarred subcontractor pursuant to
California Labor Code Section 1777.1 or 1777.7.
28.Compliance with Laws.Contractor shall comply with all applicable federal,state and local laws,
ordinances,codes,rules and regulations in force at the time Contractor performs pursuant to this
Agreement,including but not limited to the Americans with Disabilities Act of 1990 (42 U.S.C.
section 12101 et seq.)("ADA")as well as applicable regulations and guidelines issued pursuant to the
ADA,any environmental law (including,without regulation,the Federal Comprehensive Environmental
Response,Compensation and Liability Act,the Resource Conservation and Recovery Act,the California
Hazardous Substance Account Act,the Federal Water Pollution Control Act,the Clean Air Act,the
California Hazardous Waste Control Law and California Water Code section 13304,and any successors
to said laws)or the release of any toxic substance on or near the natural water system.In addition to any
other indemnity,Contractor shall indemnity,defend and hold harmless the City and its officials,
employees and agents regarding any negligent,reckless or intentional violation of any applicable law,
ordinance,code,rule or regulation by Contractor or any of its employees or subcontractors.
29.Bonds.Contractor shall obtain faithful performance and payment bonds,each in an amount that is
not less than the total compensation amount of this Agreement,and nothing in this Agreement shall be
read to excuse this requirement.The required forms entitled Payment Bond (Labor and Materials)and
Performance Bond are attached hereto and incorporated herein by this reference.Additionally,before the
Notice of Completion and acceptance of the work by the Director of Public Works,Contractor shall
ATTACHMENT 5-6
deliver a warranty bond to the City or extend the existing Performance Bond by two (2)years,as further
explained in the Bid Documents.
30.Contractor's Representations.Contractor represents,covenants and agrees that:a)Contractor 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 its full performance
under this Agreement;c)there is no litigation pending against Contractor,and Contractor is not the
subject of any criminal investigation or proceeding;and d)to Contractor's actual knowledge,neither
Contractor nor its personnel have been convicted of a felony.
3 J.Conflicts ofInterest.Contractor 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 Contractor "financially interested,"as provided in Government Code Section
1090 and 87100,in any decisions made by City on any matter in connection with which Contractor has
been retained pursuant to this Agreement.Contractor is subject to State and federal conflict of interest
laws.
32.Third Partv Claims.City shall have full authority to compromise or otherwise settle any claim
relating to the Agreement at any time.City shall timely notify Contractor of the receipt of any third party
claim relating to the Agreement.City shall be entitled to recover its reasonable costs incurred in providing
this notice.
33.No Third Party Rights.Except as expressly provided herein or in any incorporated documents,no
third party shall be deemed to have any rights hereunder against either party as a result of this
Agreement.
34.Successors.This Agreement and all of its provisions shall apply to and bind Contractor's
successors in interest.
35.Non-Assi!!nability:Subcontractin!!.Contractor shall not assign or transfer any interest in this
Agreement nor any part thereof,whether by assignment or novation,without the City's prior written
consent.Any purported assignment without written consent shall be null,void,and of no effect,and
Contractor 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 or relating to any
unauthorized assignment.
36.Aoolicable Law.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 oflaw
rules.Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior
Court.
37.Attorneys'Fees.Ifany legal action or other proceeding,including action for declaratory relief,is
brought for the enforcement of this Agreement or because of an alleged dispute,breach,default or
misrepresentation in connection with this Agreement,the prevailing party shall be entitled to recover
reasonable attorneys'fees,experts'fees,and other costs,in addition to any other relief to which the party
may be entitled.
38.Titles.The titles used in this Agreement are for convenience only and shall in no way define,
limit or describe the scope or intent of this Agreement or any part of it.
ATTACHMENT 5-7
39.Authority.The person executing this Agreement on behalf of Contractor warrants and represents
that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to
bind Contractor to the performance of its obligations hereunder.
40.Entire Agreement.This Agreement,including any other documents incorporated herein by
specific reference,represents the entire and integrated agreement between City and Contractor.This
Agreement supersedes all ptior oral or written negotiations,representations or agreements.This
Agreement may not be modified or amended,nor any provision or breach waived,except in a writing
signed by both parties which expressly refers to this Agreement.
41.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.
42.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 Contractor
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 Contractor,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.
43.Notice.Except as otherwise required by law,any notice or other communication authorized or
required by this Agreement shall be in writing and shall be deemed received on (a)the day of delivery if
delivered by hand or overnight courier service during Contractor'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:
Mr.Les Jones,Interim Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONTRACTOR:
Teresa A.Woods
2115 La Mirada Drive
Vista,CA 92082
44.Counterparts.This Agreement may be executed in counterpart originals,duplicate originals,or
both,each of which is deemed to be an original for all purposes.
45.Severability.Ifany 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.
[Continued]
ATTACHMENT 5-8
IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first
above written.
CITY OF RANCHO PALOS VERDES
By:_
Mayor
ATTEST:
By:_
City Clerk
Dated:_
APPROVED AS TO FORM:
By:,_
City Attorney
("CONTRACTOR")
By:_
Printed Name:_
Title:_
By:_
Printed Name:_
Title:_
ATTACHMENT 5-9
Attachment B
CITY OF RANCHO PALOS VERDES
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement")is made and entered into this 5th day of March,
2013 by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY")and KOA Corporation (hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto
agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The project (hereinafter "Project")is described as follows:CONSULTANT
shall provide construction management and inspection services for the CITY's San
Ramon Canyon Stormwater Flood Reduction Project.The CONSULTANT will represent
the City in the management of the San Ramon Canyon Stormwater Flood Reduction
Project and provide inspection of the work to ensure conformance with the plans and
specifications and in compliance with the California Water Boards (Los Angeles
Regional Water Quality Control Board),the Department of Fish and Game,the
California Coastal Commission,the Department of the Army (Los Angeles District,
Corps of Engineers),the Department of Water Resources and all other requirements
during the construction of the San Ramon Canyon Stormwater Flood Reduction Project.
1.2 Description of Services
CONSULTANT shall:provide general management and oversight of the
San Ramon Canyon Stormwater Flood Reduction Project,including the management of
the budget,negotiating the cost of changes to the scope,reviewing and approving the
payment applications and producing the final invoice;schedule management,the
compilation of progress reports and all reporting to the various agencies,processing
and reviewing submittals and requests for information;provide technical assistance to
solve problems; conducting regular meetings;and all other management functions.The
inspection will include ensuring conformance with all plans and specifications,
maintaining an accurate,detailed log of the work performed,oversight to ensure
compliance with safety practices and SWPPP requirements.CONSULTANT is
responsible for accurate and effective communication and record-keeping.These
services are more fully described in CONSULTANT's Proposal,which is attached
hereto as Exhibit "A"and incorporated herein by this reference.In the event of any
conflict between the terms of this Agreement and any incorporated documents,the
terms of this Agreement shall control.
1.3 Schedule of Work
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ATTACHMENT 5-10
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
2.1 Fee
CITY agrees to compensate CONSULTANT an amount not to exceed six
hundred and forty thousand eight hundred and forty dollars and no cents ($640,840.00)
for services as described in Article 1.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
KOA Corporation,
1411 W.190 th Street,Suite 525
Gardena,CA 90248
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.
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ATTACHMENT 5-11
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 rates in Exhibit "An shall be in effect through the end of
this Agreement.
2.5 Term of Agreement
This Agreement shall commence on March 6,2013 and shall terminate
either thirty (30)days after filing of the Notice of Completion for San Ramon Canyon
Stormwater Flood Reduction Project,or on October 14,2014 whichever occurs soonest,
unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification,Hold Harmless,and Duty to Defend
(a)Indemnity for Design Professional Services.In connection with its
design professional services and to the extent allowed by law,CONSULTANT shall hold
harmless and indemnify CITY,and its officials,officers,employees,agents and
independent contractors serving in the role of CITY officials,and designated volunteers
(collectively,"Indemnitees"),with respect to any and all claims,demands,causes of
action,damages,injuries,liabilities,losses,costs or expenses,including reimbursement
of attorneys'fees and costs of defense (collectively,"Claims"hereinafter),including but
not limited to Claims relating to death or injury to any person and injury to any property,
which arise out of,pertain to,or relate to in whole or in part to the negligence,
recklessness,or willful misconduct of CONSULTANT or any of its officers,employees,
subcontractors,or agents in the performance of its design professional services under
this Agreement.
(b)Other Indemnities.In connection with any and all claims,demands,
causes of action,damages,injuries,liabilities,losses,costs or expenses,including
attorneys'fees and costs of defense (collectively,"Damages"hereinafter)not covered
by Section 3.1(a),and to the extent allowed by law,CONSULTANT shall defend,hold
harmless and indemnify the Indemnitees with respect to any and all Damages,including
but not limited to,Damages relating to death or injury to any person and injury to any
property,which arise out of,pertain to,or relate to the acts or omissions of
CONSULTANT or any of its officers,employees,subcontractors,or agents in the
performance of this Agreement,except for such loss or damage arising from the sole
negligence or willful misconduct of the CITY,as determined by final arbitration or court
decision or by the agreement of the parties.CONSULTANT shall defend Indemnitees
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ATTACHMENT 5-12
in any action or actions filed in connection with any such Damages with counsel of
CITY's choice,and shall pay all costs and expenses,including all attorneys'fees and
experts'costs actually incurred in connection with such defense.Consultant's duty to
defend pursuant to this Section 3.1(b)shall apply independent of any prior,concurrent
or subsequent misconduct,negligent acts,errors or omissions of Indemnitees.
(c)All duties of CONSULTANT under Section 3.1 shall survive
termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain,and keep in full force and effect,a policy or policies of Commercial General
Liability Insurance,with minimum limits of one million dollars ($1,000,000)for each
occurrence and two million dollars ($2,000,000)general aggregate for bodily injury,
death,loss or property damage for products or completed operations and any and all
other activities undertaken by CONSULTANT in the performance of this Agreement.
Said policy or policies shall be issued by an insurer admitted to do business in the State
of California and rated in A.M.Best's Insurance Guide with a rating of AVII 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 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
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ATTACHMENT 5-13
one incident.
3.5 Worker's Compensation
CONSUL TANT 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. Additionally,CONSULTANT shall provide immediate notice to the City if it
receives a cancellation or policy revision notice from the insurer.
(b )CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage.CONSULTANT agrees that if it does not keep the 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
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.This Agreement may be
terminated by CONSULTANT only for cause upon ninety (90)days prior written notice.
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ATTACHMENT 5-14
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
foregoing provisions of this paragraph exceed the amount which would have been paid
to CONSULTANT for the full performance of the services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents,plans,specifications,reports,information,data,exhibits,
photographs,images,video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products")shall be and remain the property of the
CITY without restriction or limitation upon its use,duplication or dissemination by the
CITY.All Written Products shall be considered "works made for hire,"and all Written
Products and any and all intellectual property rights arising from their creation,
including,but not limited to,all copyrights and other proprietary rights,shall be and
remain the property of the CITY without restriction or limitation upon their use,
duplication or dissemination by the CITY.CONSULTANT shall not obtain or attempt to
obtain copyright protection as to any Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the
CITY pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses,consents or approvals to use any instrumentality,thing or component as to
which any intellectual property right exists,including computer software,used in the
rendering of the services and the production of all Written Products produced under this
Agreement,and that the CITY has full legal title to and the right to reproduce the Written
Products.CONSULTANT shall defend,indemnify and hold the CITY,and its elected
officials,officers,employees,servants,attorneys,designated volunteers,and agents
serving as independent contractors in the role of CITY officials,harmless from any loss,
claim or liability in any way related to a claim that CITY's use of any of the Written
Products is violating federal,state or local laws,or any contractual provisions,or any
laws relating to trade names,licenses,franchises,copyrights,patents or other means of
protecting intellectual property rights and/or interests in products or inventions.
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ATTACHMENT 5-15
CONSULTANT shall bear all costs arising from the use of patented,copyrighted,trade
secret or trademarked documents,materials,equipment,devices or processes in
connection with its provision of the services and Written Products produced under this
Agreement.In the event the use of any of the Written Products or other deliverables
hereunder by the CITY is held to constitute an infringement and the use of any of the
same is enjoined,CONSULTANT,at its expense,shall:(a)secure for CITY the right to
continue using the Written Products and other deliverables by suspension of any
injunction,or by procuring a license or licenses for CITY;or (b)modify the Written
Products and other deliverables so that they become non-infringing while remaining in
compliance with the requirements of this Agreement.This covenant shall survive the
termination of this Agreement.
Upon termination,abandonment or suspension of the Project,the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables
related to the Project without additional cost or expense to the CITY.If CONSULTANT
prepares a document on a computer,CONSULTANT shall provide CITY with said
document both in a printed format and in an electronic format that is acceptable to the
CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee,and CONSULTANT shall notify CITY of CONSULTANT's designated
representative.These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48),the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C.200e-217),and the Americans with Disabilities
Act of 1992 (42 U.S.C.§11200,et seq.).
6.3 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,
all personnel required to perform CONSULTANT's services under this Agreement.Any
person who performs engineering services pursuant to this Agreement shall be licensed
as a Civil Engineer by the State of California and in good standing.CONSULTANT
shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who
are assigned to perform the services hereunder and shall obtain the approval of the
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ATTACHMENT 5-16
Director of Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement,but at all times shall CONSULTANT
be responsible for its associates and subcontractors'services.
6.4 CONSULTANT's Representations
CONSULTANT represents,covenants and agrees that:a)CONSULTANT
is licensed,qualified,and capable of furnishing the labor,materials,and expertise
necessary to perform the services in accordance with the terms and conditions set forth
in this Agreement;b)there are no obligations,commitments,or impediments of any kind
that will limit or prevent CONSULTANT's full performance under this Agreement;c)to
the extent required by the standard of practice,CONSULTANT has investigated and
considered the scope of services performed,has carefully considered how the services
should be performed,and understands the facilities,difficulties and restrictions
attending performance of the services under this Agreement.
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12)months after completion of the
work under this Agreement which is or may likely make CONSULTANT "financially
interested"(as provided in California Government Code Sections 1090 and 87100)in
any decisions made by CITY on any matter in connection with which CONSULTANT
has been retained pursuant to this Agreement.
6.6 Legal Action
(a)Should either party to this Agreement bring legal action against the
other,the validity,interpretation,and performance of this Agreement shall be controlled
by and construed under the laws of the State of California,excluding California's choice
of law rules.Venue for any such action relating to this Agreement shall be in the Los
Angeles County Superior Court.
(b)If any legal action or other proceeding,including action for
declaratory relief,is brought for the enforcement of this Agreement or because of an
alleged dispute,breach,default or misrepresentation in connection with this Agreement,
the prevailing party shall be entitled to recover reasonable attorneys'fees,experts'fees,
and other costs,in addition to any other relief to which the party may be entitled.
(c)Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent,CITY shall compensate CONSULTANT
for its testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
Page 8 of 12
R6876-0001 \1535197v2.doc Agreement for Professional Services
ATTACHMENT 5-17
6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY.Any such purported
assignment without written consent shall be null and void,and CONSULTANT shall hold
harmless,defend and indemnify the CITY and its officers,officials,employees,agents
and representatives with respect to any claim,demand or action arising from any
unauthorized assignment.
Notwithstanding the above,CONSULTANT may use the services of
persons and entities not in CONSULTANT's direct employ,when it is appropriate and
customary to do so.Such persons and entities include,but are not necessarily limited
to,surveyors,specialized consultants,and testing laboratories.CONSULTANT's use of
subcontractors for additional services shall not be unreasonably restricted by the CITY
provided CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain,as to the CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall have control over
the conduct of CONSULTANT or any of the CONSULTANT's employees,except as
herein set forth,and CONSULTANT is free to dispose of all portions of its time and
activities which it is not obligated to devote to the CITY in such a manner and to such
persons,firms,or corporations as the CONSULTANT wishes except as expressly
provided in this Agreement.CONSULTANT shall have no power to incur any debt,
obligation,or liability on behalf of the CITY or otherwise act on behalf of the CITY as an
agent.CONSULTANT shall not,at any time or in any manner,represent that it or any of
its agents,servants or employees,are in any manner agents,servants or employees of
CITY.CONSULTANT agrees to pay all required taxes on amounts paid to
CONSULTANT under this Agreement,and to indemnify and hold the CITY harmless
from any and all taxes,assessments,penalties,and interest asserted against the CITY
by reason of the independent contractor relationship created by this Agreement.
CONSULTANT shall fully comply with the workers'compensation law regarding
CONSULTANT and its employees.CONSULTANT further agrees to indemnify and
hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws.The CITY shall have the right to offset against the amount
of any fees due to CONSULTANT under this Agreement any amount due to the CITY
from CONSULTANT as a result of its failure to promptly pay to the CITY any
reimbursement or indemnification arising under this Article.
6.9 Titles
The titles used in this Agreement are for general reference only and are
not part of the Agreement.
Page g of 12
R6876-0001 \1535197v2.doc Agreement for Professional Services
ATTACHMENT 5-18
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
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 CONSULTANTs 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:
Page 10 of 12
R6876-0001\1535197v2.doc Agreement for Professional Services
ATTACHMENT 5-19
To CITY:
Les Jones,Interim Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Chuck Stephan
KOA Corporation,
1411 W.190th Street,Suite 525
Gardena,CA 90248
[Signatures on next page]
Page 11 of 12
R6876-0001\1535197v2.doc Agreement for Professional Services
ATTACHMENT 5-20
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:_
Dated:_
ATIEST:
By:__--,-_
City Clerk
KOA CORPORATION
("CONSULTANT")
By:_
Printed Name:_
Title:_
By:_
Printed Name:_
Title:_
CITY OF RANCHO PALOS VERDES
("CITY")
By:_:-:-_
Mayor
APPROVED AS TO FORM:
By:_-=---,-_
City Attorney
R6876·0001\1535197v2.doc
Page12of12
Agreement for Professional Services
ATTACHMENT 5-21
Exhibit "A":
Consultant's Proposal,including Schedule of Hourly Rates
Exhibit "A"
R6876-0001\1535197v2.doc
ATTACHMENT 5-22
1411 W.190ch St.,Suice 525
Gardena.CA 90248
d 10.329.0102 f:J 10.329.1021
www.koacorpora[ion.com
January 17.2013
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes.CA 90275
Attention:Ron Dragoo
RE:Proposal for Construction Management Services for Sam Ramon Canyon Storm
Drain Installation
Dear Mr.Dragoo:
KOA Corporation ("KOA").doing business as CBM Consulting,Inc.("CBM"),appreciates the
opportunity to submit this proposal to the City of Rancho Palos Verdes ("RPV")for Construction
Management and Inspection services for the San Ramon Canyon Storm Drainage Project.CBM has the
expertise and resources required to effectively manage the project and deliver it for the City of Rancho
Palos Verdes in a timely and efficient manner.We are committed to working seamlessly with your staff
and project team to ensure the successful delivery of this project.
The CBM team,our project systems,and our entire management structure are geared to providing
flexible services to agencies such as yours.Descriptions of similar projects and respective references for
these projects are included in our proposal.We assure that our key personnel will be assigned to the
project for its duration and will not be removed or replaced by us without concurrence from the RPV.
Every member of our proposed team is available to be committed to the projects assigned to us
beginning the start date.
Alan Braatvedt will be the Management Contact and Project Manager for this contract.The contract
would be managed though the South Bay office at 1411 W.190"Street,Suite 525,Gardena,CA,90248;
Phone:310.329.0 I02;Fax:310.329.1021;Email:alanb@koacorporation.com.Thank you for this
opportunity to offer our services to the RPV.Should you have questions during the selection process,
please contact me at 310.329.0 I02.
KOA maintains and will provide insurance meeting the City of Rancho Palos Verdes required insurance
provisions.KOA has reviewed and accepted all terms and conditions set fourth in the RFP.
Per the RFP.a Cost Proposal has been provided in a separately sealed envelope.
Sincerely,
KOA Corporation
Alan Braatvedt
Vice President
LOS ANGELES ONTARIO ORANGE SAN DIEGO SOUTH BAY
ATTACHMENT 5-23
City of Rancho Palos Verdes
San Ramon Canyon Storm Drain Installation
Proposal for
Construction Management Services
Table of Contents
SAN RAMON CANYON STORM DRAIN INSTALLATION
CITY OF RANCHO PALOS VERDES
I.COMPANY OVERViEW 3
2.FIRM EXPERIENCE ....................•.........•..•...•...........•.4
3.CLIENT REFERENCES ...........................••......•......•...8
4.ORGANIZATION CHART ....................•.....•...........9
STAFFING PLAN ••••.•••••.•••.•••••.•••••••.•••••••.••••••••••••••.•9
5.INDIVIDUAL EXPERIENCE ...•...•.......•...•.•...•.......••10
6.PROJECT APPROACH •.........•..........•...•...••...........•22
7.SCOPE OF WORK ................•..•...••.••.•..•..•...•.........24
8.PROJECT SCHEDULE .•.••......•...•.....•..•..•................30
Page 2
ATTACHMENT 5-24
City of Rancho Palos Verdes
San Ramon Canyon Storm Drain Installation
6.Project Approach
SectIon 6
Project Approach
KOA is intimately familiar with the conditions in the project area,the project design and access limiting
issues.We fully understand that this is a complex project with the potential for conflict and,therefore,
have put together the best team with the right knowledge and ability to address all of the issues that
could potentially arise.
Our particular strengths lie in knowledge of all aspects of the project Understanding the intent of all
aspects of the design,extensive scheduling,and documentation skills and experience in similar projects.
The nature of the project is such that there is a fairly high probability of claims for one or another
reason.The Assistant Construction manager that we are proposing for the project is a claims expert,
who clearly understands the value of documentation,but more importantly what and how to proactively
document for the most effective defense.KOA's firmly believes that the best approach on this complex
project is to work as a team with contractor,with clear boundaries and to always be ready to ensure
that the City's best interests are always paramount.
With our knowledge of all aspects of the project.insight of the many logistical issues and knowledge of
the conditions on the peninsular.we are fully prepared to manage the project in such a way that we
persuade the contractor to make the correct and timely decisions in the best interest of the projeer.
The logistic issues include:Timely delivery of pipe;Movement of materials:Access to the beach;Craning
into Shoreline Park from 25'"Street;Transporting materials and equipment from 25'"Street
embankment to the bluff-top;Access through PV Shores;Access to the inlet Structure;Placing material
in the canyon and Accessing the inlet structure inside the canyon.
With the large number of component parts of the project we expect to find numerous unforeseen
conditions,but are confident that our knowledge the project and conditions,we will be ready for all
challenges,what ever they may be.Our big-picture view will enable us to keep a tight rein on the
contractor during the designed construction activities and any changes to the scope as a result of
unforeseen conditions.
We are fully aware of the numerous Permitting Agencies and their conditions and will maintain concise
records to satisfy all aspects of their reqUirements.In addition we will provide all information required
for the funding agency and comply with their reporting schedule.We understand that a Funding
Consultant will monitor the project and generate reports,so will work closely with them to prOVide all
information that they need.
As this is the largest Civil Engineering project that the City has ever undertaken and is a high profile
project.our project team will provide all the support and information to equip City Staff with the most
up-to-date and accurate information to enable them to communicate progress on the projeer to all
stakeholders and interested parties.In addition,our team would be happy to make presentations to City
Councilor other bodies if Staff calls on us to do so.
The other jurisdictions and affected bodies associated with the project include the City of Los Angeles,
The Los Angeles County,Harbors and Beaches,PV Shores Mobile Home Park and private home
Page 22
ATTACHMENT 5-25
City or Rancho Palos Verdes
San Ramon Canyon Storm Drain Installation
Sea/on 6
Project Approacl1
owners.We are fully prepared to engage these parties and provide conduct any form of outreach that
the City believes to be appropriate.
KOA has worked on numerous projects in the City and Alan Braatvedt has worked extensively on
major Rancho Palos Verdes projects since 2004 and is very familiar with the way that the City operates
and would welcome the opportunity to continue to do so by working on the construction of this
exciting project.
Page 23
ATTACHMENT 5-26
City of Rancho Palos Verdes
San Ramon Canyon Srorm Drain Installation
7.Scope of Work
Section 7
Scope o(Wo,k
KOA will represent the City by overseeing the contractor's work to ensure that the project is
constructed as intended in compliance with the plans and specification.We will manage the contract
budget and schedule in the best interest of the City,maintain complete and accurate records,comply
with all permitting agencies and stakeholders requirements and constantly supply the City's Project
Manager with up to date information.
In addition to the oversight and guidance that that <he CM/lnspection team will provide <he project,
KOA will manage the contractor using systems that are tried and tested,but which will be modified to
suit the San Ramon Project.The management functions that KOA will perform will include the
following:
~San Ramon is a project that has a higher than normal risk in most of the numerous operations
and so an added emphasis will be placed on safety.KOA always considers safety the most important
issue on any construction project and will reqUire the contractor to have competent safety personnel
and site specific safety programs employed on the projects at all times.KOA will monitor the
contractor's operations for compliance with the project safety requirements.
Pre-construction Conference:KOA will coordinate and conduct the PreMConstruetion Meeting including
notification to contractor,utility agencies,and other stakeholders.and prepare the meeting agenda and
minutes.
The meeting will include the normal contractual items such as:Confirmation of fully~executed Contract
Documents and Notice to Proceed;Establishment of Contract nme and Completion Dates;Review of
Working Day definition and holiday schedule:Chain or communication &key contactS and will also
specifically address:
•City responSibilities
•Sarety
•Public Relations
•The scope will be discussed and clearly defined
•Critical design elements,schedule and cost factors will be discussed
•Experience of individuals in key roles in the project will be discussed
•Past project experiences will be discussed to identify potential pitfalls
•Jurisdictional agencies and the Contractor
•Discussion of Master Schedule
•Sub~contraets
•Documentation and tracking controls
•Change order procedures
•Scope,schedule and cost change administration,notification reqUirements &controls
•Submittal and RFI Process
•Identify long lead and any substitution and or-equal items
•Testing -review cal 1M out requirements and deputy/special &testing reqUirements
Page 24
ATTACHMENT 5-27
City of Rancho Palos Verdes
San Ramon Canyon Storm Drain Installation
•Progress payment procedures
•Labor compliance
•T raffle controls,staging of trucks and material handling
•Easements and special access considerations
•Placement of signs
Scdion 7
Scope of Work
KOA considers the pre-construction meeting as progress meeting #I.All items discussed are designated
as "open"or "closed".All open items are carried forward to subsequent progress meetings until
resolved and closed.Action items are assigned a specific responsible party and a deadline for resolution.
KOA will also conduct all site meetings.Pre-construction meeting and site meedng minutes will be
distributed to meeting participants and to courtesy recipients identified by the City.
Daily Construgion Observation Reports:KOA will compile daily observation reports documenting the
contractor's workforce,material and equipment,a summary of construction activities,field problems,
disputes or claims,resolutions of issues and directions given to the contractor.
Periodic Progress Reports:KOA will cooperatively develop,with the Project Stakeholders,the format
and information reqUired for reports from time to time during the construction phase.It is anticipated
that the reports will include the following information:
•Summarized report of construction activities including significant events and accomplished goals
•Description of progress with photos to enhance the descriptions
•Description of equipment used
•Comparison of Actual vs.Planned Progress,in narrative form and bar graph form
•The latest detailed 4 Week Look Ahead Schedule submitted by the Contractor and reviewed by
KOA
•Identification and discussion of current problems or pending change orders and actions taken or
planned to resolve such issues
• A discussion of new short and long term goals for the project
• A comparison of Actual vs.Planned budget expenditures
• A Master Trend Log detailing potential and approved changes
•Report of progress payments made to date and invoices in process
•Labor Compliance Reports for Contractor and Subcontractor employees
• A QNQC section prepared by the Team addressing testing and regulatory compliance issues
•An analysis of change order impacts or potential probiems on schedule and budget
Submittal Processing:KOA will track all correspondence and submittals on this project KOA will
receive all Contractor submittals and review them for completeness and general conformance with the
contract documents.All shop drawings,samples and other submittals received from the Contractor will
be logged in and routed to the City and the Architect.Responses will be logged in and transmitted to
the Contractor.Submittals will be tracked throughout the project to ensure timely response and avoid
delaying progress.KOA will recommend key contractual reqUirements for the Contractor to clearly
indicate submittal processing requirements in the project schedule.Submittal comments will be
monitored to identify potential impacts to quality,cost or schedule,with recommended alternatives
and/or solutions.
Page 2S
ATTACHMENT 5-28
City of Ril.ncho Palos Verdes
San Ramon Canyon Storm Drain Installation
Sea'ion 7
Scope of Work
RFI's:Upon receipt,KOA will log,distribute and respond to each Request for Information (RFI)as
required.It is anticipated that most will be handled upon receip~However.in the event that the design
engineer or the City staff are required to answer questions,the project manager will coordinate a timely
resolution.KOA will identify potential impacts to cost or time that may result due to issues identified in
RFls,with recommended alternatives or solutions to mitigate the potential impacts.
Weekly Statemem of Working Days:KOA will prepare a weekly statement of working days
documenting the construction progress,time of completion,delays and time extensions,and submit to
Contractor and the City on a weekly basis.The weekly statement of working days is typically discussed
and agreed upon at each progress meeting and transmitted as an attachment to the minutes.
Problems and Solutions:KOA'S proactive approach serves to anticipate and expeditiously resolve field
problems.Our team is well trained in problem solVing.All issues are processed with a sense of urgency
and presented to the City with suggested alternatives,cost and schedule impacts and recommended
solutions.KOA will qUickly implemem the alternative,which suits the best interests of the project and
the City.KOA will effectively and expeditiously communicate with City staff,Design Consultants and the
Contractor to identify conmcts construction problems,coordination issues,and will obtain the needed
action and response to submittals and RFI's.
Document Tracking System'Item Method Frequency
Complete and current project Mastor ProjectSchedulo MS Projael or Primllvera Monthly
4 Woek Look Ahead Schedule MS Project or Primavera Weokly
files shall be kept at the job site,Correspondence Expedition Daily
or at a location agreeable to the Corrospondanee Backup &Rotrioval ElCpodition loggod &Scannod Daily
City,and shall be available to SubmrrtarslRFI'slRFQ'e ElCpedlllon Daily
Moeling Minutes Ellpedilioo Each me9tlng
the City at all times.These files Masler Project Budget MSExce{Logs and/or Expedition Monthly
will consist of the contract.Progress P.tyment Expedition Monthly
correspondence relating to or Change Order Processing MSExcel.and Expedition Monthly
Time &Material Work Mlcf05o!t ExclIl T&M logs Daily
modifying the contract.Daily Di.aty Freid forms and Expedition Daily
Contnl.et Time IWeekly Slatement of MSExcel Form &Expeditionproposalrequests.clarifications,Wotklng Days Meeting Minutes Weekly
permits,logs.reports,RFI's,SWPP f 8MP Compliance MSExcel Form or EXJ)Odltion Weekly
field orders.change orders,Pubtlc Relations Inquilie5 ElCpediUon Punchlisl ~=I~:dousty until
As·buih Drawings Expedition Logged Monthly
claims inspection reporcs,test Pholo &Video ImageXS Dally I As.noeded
reports,etc.KOA has a Progress Reports MS Publisher Or Websile Monthly I periodIc asnellded
detailed file indexing system for Project Contacts Expedition Dally
"'p"ro"'·.""I"C"'!!I.,,od"'''-'J>C'''o'''m'''m''''"'-''.....'''-'O''"'''i'..."C",lio'-__J>0,.,,,,ililV'-Jallprojecthardfiles,and a -
contract administration database that will be customized for the San Ramon Project.KOA has
developed customized forms,reports database structure,and work breakdown structure,well suited
for this project.We will adapt our system to the specific needs of the project,to monitor,track and
control the project.This detailed tracking system will enable us to provide an accurate assessment of
the progress to the City with recommendations to maintain or improve adherence to the approved
project schedule.The table to the right details the systems available to the project and the frequency of
updates for the related processes &documents.
•Schedule Review:KOA is intimately familiar with all mainstream scheduling software utilized by
the public works contracting industry.KOA will review the baseline construction schedule,
including activity sequences and duration,schedule of submittals and schedule of delivery for
Page 26
ATTACHMENT 5-29
City of Rancho Palos Verdes
San Ramon Canyon Storm Drain Installation
Scaion 7
Scope of Work
products with long lead-times.The KOA team
will evaluate the baseline projecc schedule for
detail showing fiag dates,delivery schedules for
key mat.erials.Logical sequence and activity
durations.accuracy.consistency and the
identification of the critical path and project fioat
untilTheschedulewillnotbeapprovedasthebaseline
we are satisfied that all issues are addressed.
Schedule Control:During the progress of construction,
KOA will compare the contractor's monthly schedule
updates to the baseline schedule and any approved time
extensions,note any shortcomings and monitor and track corrections by the Contractor to keep the
Project Schedule on track.A 4-week look ahead will be reqUired from the contractor.updated weekly
and presented at the weekly construccion progress meetings.This tool will keep the entire team
looking one-month ahead of the project and will facilitate proactive handling of project activities and
issues.If necessary.KOA will negotiate time extensions due to change orders or other delays.
Photographs:Prepare and maintain an electronic photo journal documenting the construction progress.
Photos shall be taken before construction begins.during construction and upon completion of the
project.
Contract Conformance:KOA's full-time Construction Inspector will be present on site whenever the
contractor is working.no matter what time of day to watch all construction activities and to verify that
all work conforms to contract requirements.Deputy and special inspection,materials sampling and
testing,which will be undertaken by Ninyo &Moore,will be coordinated by KOA and provided as
required.KOA will reject all non-conforming work and will see that remedial action is taken.Rejected
work will be thoroughly documented.photographed,and tracked until repaired or replaced to the
satisfaction of the City,
Safe Conditions:KOA will monitor project work and adjacent areas for unsafe conditions,promptly
require corrective measures to be addressed by the Contractor in compliance with the contract
documents and report such issues and corrective measures taken to the City.
SWPPP:KOA will enforce all provisions of the Storm Water Pollution Prevention Plan.At a minimum
SWPPP requirements will be monitored and a specific SWPPP Checklist will be compiled.Any
deficiencies noted will be addressed with the contractor for immediate remedy.The project could be
particularly vulnerable in the event of a storm.so weather reports will be closely monitored and if rain
is anticipated the whole site will be closely scrutinized and ensure that SWPPP measures are in place and
well maintained.
Materials and Workmanship:KOA will approve work that meets all material and workmanship
requirements.
Page 27
ATTACHMENT 5-30
City of Rancho Palos Verdes
San Ramon Canyon Storm Drain Insta.llation
Section 7
Scope of WOlk
Documentation Interpretation &Technical Assistance:KOA will petiorm the coordination and
expediting between the contractor and design team when necessary and keep City Staff in the loop.
Timely.firm and fair determinations will be processed to minimize cost and time impacts to the project.
Change Orders:KOA will establish.implement and coordinate systems for processing all contract
change orders.Each issue,which is identified as a potential change to the design,scope,cost or contract
time will generate change notice.KOA will determine whether or not a change notice should be
considered.The plans and specifications will be reviewed against the change notice.If the issue does
not appear to be included in the plans or specifications.a Request for Quotation (RFQ)will be sent to
the Contractor.Any credits for work deleted as a result of the change will be required at this time as
well.The contractor's response to the RFQ will be evaluated for reasonableness and completeness.
KOA will maintain a Trend Log,listing potential changes as identified,either formally or informally.This
Trend Log shall be used such that potential change items are not overlooked or deferred until the end
of the job.KOA will prepare independent cost estimates as reqUired for contract change orders.
Upon approval by the City,KOA will prepare,log and process change orders for full execution,and
administer their implementation.Once fully executed.KOA will review the timely completion of the
work and coordinate inclusion of the change order in the appropriate payment application.
Change ManafementlClalms resolution:KOA will implement its time tested claims management process
to minimize changes to the project and avoid claims such that the project can be quickly and successfully
closed out.KOA has done so on over $1 billion worth of public projects with no unresolved claims.
The basis for KOA procedures is a well organized documentation system,a keen understanding of the
construction process,exceptionally qualified staff and fair and firm negotiations.KOA will not defer
difficult issues and will process only change issues that have been analyzed and determined to have
merit.Those items will only be recommended for consideration when the most reasonable cost and
time has been negotiated and all alternatives to avoid the impact have been resolved.
Daily Extra Work Reports:KOA will verify and sign contractor's daily extra work reports documenting
force account (time &materials)work.in particular,KOA will monitor that only appropriate worker
classifications necessary for approved time and materials work is included on extra work reports.Any
inappropriate workforce and/or equipment charges will be promptly rejected and removed from extra
work reports.
Progress Payment Processing:A cost control system,based on the Contractor's schedule of values,
approved change orders and the contract amount shall be developed and implemented to monitor
progress costs.Monthly cost reports will be submitted to the City as a component of the Monthly
Progress Report.
KOA will review the payment applications submitted by the contractor and determine whether the
amount requested reflects the progress of the contractor's work.Appropriate adjustments to each
payment application will be required by the contractor.When the payment application is acceptable and
all backup documentation is verified (certified payrolls.lien releases.etc.),KOA will prepare and
forward to the City a Progress Payment Report.The Report shall state the total contract price,
payments to date.current payment requested,retainage and actual amounts owed for the current
period.The KOA team is experienced evaluating complex pay applications.It is critical to the City's
Page 28
ATTACHMENT 5-31
City of Rancho Palos Verdes
San Ramon Canyon Storm Drain Installation
Seaion 7
Scope o(Work
best interest that payment application review be performed accurately and prudently to maintain the
prime and subcontractor incentives to periorm on the projects.
•Field Meetings:
Weekly Progress Meetings will be mandatory for the Contractor and staff,and optional for City
staff.Discussions will focus on the following items:
•Contractor's detailed 4 week look-ahead schedule
•Progress and major decisions during the last week
•Update of unresolved items from previous meetings
•Status of submittals,RFls and change orders
Special Meetings will be scheduled as needed to discuss important issues or which require detailed
discussion or review of plans and specifications.These meetings will follow the weekly meeting to
reduce trips.if issues are not urgent.
Written Instruction:KOA will Issue written instructions to contractor regarding routine matters and/or
follow-up of verbal instructions as necessary to properly document project issues.
Plans,Specs and As-Builts:At a minimum,KOA will periodically review the Contractor's as-built updates
on the approved job plan set,identify missing items and require the Contractor to keep as·built records
up to date throughout the project.At the end of the project the final as-built plans will be submitted
the City within thirty days of construction completion.
Pre-F;nal Inspection:The nature of this project is such,that portions of work will be completed prior to
the completion of the whole project,so portions of the project will be inspected and released for
operation once deficiencies have been addressed.Construction Manager and Construction Observer
will perform the final job walk and prepare the punchlist (deficiency list)for the overall completion of
the project and take action to ensure that the deficiencies are addressed.
Final Inspection:All corrections must be made before KOA recommends processing of the "Notice of
Completion".Upon completion of the punch list and final sign off by all project stakeholders,KOA will
make recommendation to City regarding Contractors final progress payment request and prepare final
progress payment report for submission to City.
Deliyery of As-Builts and dose-out documents;KOA will review "as-constructed"plans and prepare
"as-constructed"reports.KOA will assist the Contractor in maintaining a field set of "as-constructed"
plans to be updated daily and delivered to the City upon project completion.KOA will continually
document changed field conditions and not rely on the Contractor to document "as-constructed"
conditions.The will report and photograph field condition changes.The CM will document and keep
lhese "as-constructed"conditions on plans in his office.KOA will review the Contractor's submittal of
"as·construeted"conditions and compare this submittal to KONs own documentation.Discrepancies
will be discussed,resolved and recorded.Completed "as-constructed"plans will be submitted to the
City.
KOA will perform closeout duties including final organization of project files and submit to the City for
final approval,and assist with the filing of the notice of completion and release of retention.
Page 29
ATTACHMENT 5-32
City of Rancho Palos Verdes
San Ramon Canyon Storm Drain Installation
8.Project Schedule
Section 8
Plo/ecz Schedule
The bid documents call for a 250-working day schedule for the project.KOA anticipates involvement
from the Construction Manager and assistant eM for a week prior to the commencement of the project
to set up systems,prepare for the pre-construction meeting and start the ball rolling for other pre-
construction activities.The nature of the project is such that the biggest components of the project,
which is the tunneling:complete pipeline;inlet structure and outlet structure,need to be i 00%
complete before the filling of the canyon can proceed.Because of that,those portions of the contract
will be buttoned up and handed over to the City long before the end of the project,leaving a relatively
small remaining component,which will continue for some time.This means that the final wrap of the
project should be easier than on typical projects,which will require the CM and assistant eM oniy for
one week beyond the construction completion to finalize the project.The construction inspector will
oniy be required for the duration of construction.KOA believes that the project will require full-time
effort from both a CM and assistant CM for the start-up of the project.lasting a couple of months,
before being able to cut back the CM roll to 3-days a week.If the project requires more time from both
people.it wili definitely be provided.The final document hand-over package should hopefully be
completed one week after the completion of construction,
Page 30
ATTACHMENT 5-33
City of Rancho Palos Verdes
San Ramon Canyon Storm Drain Installation
Fee Estimate
KOA will perform the work specified as shown in the enclosed fee table.
Fee Proposal
DURATION Direct
TASK PROJECT TEAM (HOURS)OTY UNIT RATE Costs ($)SUBTOTAL
Project Construction Manager 28 52 Weeks $140.00 $203,840
Duration Assistant eM/Office Engineer 40 52 Weeks $125.00 $260.000
Project Inspector 40 50 Weeks $85.00 $170.000
Clerical Support 2 50 Weeks $70.00 $7,000
Grand Total $640,640
Project expenses are included in the hourly rate.
These rates are dependent on Prevailing Wage rates as determined by the Director of the Department
of Industrial Relations.Interim changes will negate these rates and an adjusted fee schedule will be
issued,and shall apply should this occur.
Any work In excess of eight hours in one workday and any work in excess of 40 hours in one
workweek and the first eight hours worked on the seventh day of work in anyone workweek shall be at
the rate of one and one-half times the regular rate of pay.Any work In excess of 12 hours in one day
and any work in excess of eight hours on any seventh day of a workweek shall be paid no less than
twice the regular rate of pay.
Rates are subject to an annual 5%adjustment.
Work Scope Assumptions
January I.2014
•The level of effort and fee estimate detailed above is based on KOA's proposed scope of
services delivered over the contract time set forth in the construction bid documents.
•The fee assumes that construction phase services begin and end within the contract completion
time.
•The fee estimate assumes KOA will perform activities from the South Bay office in Gardena.CA
with requisite site visits.No onsite facilities,furniture,utilities or equipment are included in the
fee.
•Soils inspection and testing,deputy and special inspection and testing,andlor QNcontrol
surveying are excluded from the fee proposal.KOA will coordinate these services performed
by others unless otherwise desired by the City.
Page I
1/17/2013
ATTACHMENT 5-34
Attachment C
CITY OF RANCHO PALOS VERDES
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement")is made and entered into this 5th day of March,2013
by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY")
and Ninyo &Moore (hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto
agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The project (hereinafter "Project")is described as follows:CONSULTANT
shall provide Geotechnical Observation and Materials Resting services for the CITY's
San Ramon Canyon Stormwater Flood Reduction Project.
1.2 Description of Services
CONSULTANT shall provide:geotechnical support and oversight of all
land movement monitoring instrumentation,including installation and reading when
required and interpreting and reporting the data collected;geotechnical consulting
services,including the review of submittals and responding to RFls,mapping geological
exposures,evaluating and documenting tunnel conditions,providing geological
oversight during the installation of caissons and tie-back anchors and providing testing
of compacted fills and concrete work;the preparation of geotechnical reports and
extensive regular documentation;and submission of a final as-built geotechnical report
upon completion of the Project.These services are more fully described in
CONSULTANT's Proposal,which is attached hereto as Exhibit "A"and incorporated
herein by this reference.In the event of any conflict between the terms of this
Agreement and any incorporated documents,the terms of this Agreement shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY,CONSULTANT
shall perform with due diligence the services requested by the CITY.Time is of the
essence in this Agreement.CONSULTANT shall not be responsible for delay,nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default
by reason of strikes,lockouts,accidents,or acts of God,or the failure of CITY to furnish
timely information or to approve or disapprove CONSULTANT's work promptly,or delay
or faulty performance by CITY,other consultants/contractors,or governmental
agencies,or any other delays beyond CONSULTANT's control or without
CONSULTANT's fault.
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ATTACHMENT 5-35
ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT an amount not to exceed two
hundred and forty six thousand dollars,five hundred and ninety six dollars and no cents
($246,596.00)for services as described in Article 1.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Ninyo &Moore
475 Goddard,Suite 200
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
CONSUL TANT 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 rates in Exhibit "A"shall be in effect through the end of
this Agreement.
2.5 Term of Agreement
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ATTACHMENT 5-36
This Agreement shall commence on March 6,2013 and shall terminate
either thirty (30)days after filing of the Notice of Completion for Project,or on October
14,2014 whichever occurs soonest,unless sooner terminated pursuant to Article 4 of
this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification,Hold Harmless,and Duty to Defend
(a)Indemnity for Design Professional Services.In connection with its
design professional services and to the extent allowed by law,CONSULTANT shall hold
harmless and indemnify CITY,and its officials,officers,employees,agents and
independent contractors serving in the role of CITY officials,and designated volunteers
(collectively,"Indemnitees"),with respect to any and all claims,demands,causes of
action,damages,injuries,liabilities,losses,costs or expenses,including reimbursement
of attorneys'fees and costs of defense (collectively,"Claims"hereinafter),including but
not limited to Claims relating to death or injury to any person and injury to any property,
which arise out of,pertain to,or relate to in whole or in part to the negligence,
recklessness,or willful misconduct of CONSULTANT or any of its officers,employees,
subcontractors,or agents in the performance of its design professional services under
this Agreement.
(b)Other Indemnities.In connection with any and all claims,demands,
causes of action,damages,injuries,liabilities,losses,costs or expenses,including
attorneys'fees and costs of defense (collectively,"Damages"hereinafter)not covered
by Section 3.1 (a),and to the extent allowed by law,CONSULTANT shall defend,hold
harmless and indemnify the Indemnitees with respect to any and all Damages,including
but not limited to,Damages relating to death or injury to any person and injury to any
property,which arise out of,pertain to,or relate to the acts or omissions of
CONSULTANT or any of its officers,employees,subcontractors,or agents in the
performance of this Agreement,except for such loss or damage arising from the sole
negligence or willful misconduct of the CITY,as determined by final arbitration or court
decision or by the agreement of the parties.CONSULTANT shall defend Indemnitees
in any action or actions filed in connection with any such Damages with counsel of
CITY's choice,and shall pay all costs and expenses,including all attorneys'fees and
experts'costs actually incurred in connection with such defense.Consultant's duty to
defend pursuant to this Section 3.1 (b)shall apply independent of any prior,concurrent
or subsequent misconduct,negligent acts,errors or omissions of Indemnitees.
(c)All duties of CONSULTANT under Section 3.1 shall survive
termination of this Agreement.
3.2 General Liability
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ATTACHMENT 5-37
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 AVII or
better.If a "claims made"policy is provided,such policy shall be maintained in effect
from the date of performance of work or services on the CITY's behalf until three (3)
years after the date of work or services are accepted as completed.Coverage for the
post-completion period may be provided by renewal or replacement of the policy for
each of the three (3)years or by a three-year extended reporting period endorsement,
which reinstates all limits for the extended reporting period.If any such policy and/or
policies have a retroactive date,that date shall be no later than the date of first
performance of work or services on behalf of the CITY.Renewal or replacement
policies shall not allow for any advancement of such retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain,and keep in full force and effect,a policy or policies of Automobile Liability
Insurance,with minimum of one million dollars ($1,000,000)per claim and occurrence
and two million dollars ($2,000,000)in the aggregate for bodily injuries or death of one
person and five hundred thousand dollars ($500,000)for property damage arising from
one incident.
3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as
required by the law.CONSULTANT shall require any subcontractor similarly to provide
such compensation insurance for their respective employees.
3.6 Notice of Cancellation
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ATTACHMENT 5-38
(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.Additionally,CONSULTANT shall provide immediate notice to the City if it
receives a cancellation or policy revision notice from the insurer.
(b)CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage.CONSULTANT agrees that if it does not keep the 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
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.This Agreement may be
terminated by CONSULTANT only for cause 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
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ATTACHMENT 5-39
foregoing provisions of this paragraph exceed the amount which would have been paid
to CONSULTANT for the full performance of the services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents,plans,specifications,reports,information,data,exhibits,
photographs,images,video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products")shall be and remain the property of the
CITY without restriction or limitation upon its use,duplication or dissemination by the
CITY.All Written Products shall be considered "works made for hire,"and all Written
Products and any and all intellectual property rights arising from their creation,
including, but not limited to,all copyrights and other proprietary rights,shall be and
remain the property of the CITY without restriction or limitation upon their use,
duplication or dissemination by the CITY.CONSULTANT shall not obtain or attempt to
obtain copyright protection as to any Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the
CITY pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses,consents or approvals to use any instrumentality,thing or component as to
which any intellectual property right exists,including computer software,used in the
rendering of the services and the production of all Written Products produced under this
Agreement,and that the CITY has full legal title to and the right to reproduce the Written
Products.CONSULTANT shall defend,indemnify and hold the CITY,and its elected
officials,officers,employees,servants,attorneys,designated volunteers,and agents
serving as independent contractors in the role of CITY officials,harmless from any loss,
claim or liability in any way related to a claim that CITY's use of any of the Written
Products is violating federal,state or local laws,or any contractual provisions,or any
laws relating to trade names,licenses,franchises,copyrights,patents or other means of
protecting intellectual property rights and/or interests in products or inventions.
CONSULTANT shall bear all costs arising from the use of patented,copyrighted,trade
secret or trademarked documents,materials,equipment,devices or processes in
connection with its provision of the services and Written Products produced under this
Agreement.In the event the use of any of the Written Products or other deliverables
hereunder by the CITY is held to constitute an infringement and the use of any of the
same is enjoined,CONSULTANT,at its expense,shall:(a)secure for CITY the right to
continue using the Written Products and other deliverables by suspension of any
injunction,or by procuring a license or licenses for CITY;or (b)modify the Written
Products and other deliverables so that they become non-infringing while remaining in
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ATTACHMENT 5-40
compliance with the requirements of this Agreement.This covenant shall survive the
termination of this Agreement.
Upon termination,abandonment or suspension of the Project,the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables
related to the Project without additional cost or expense to the CITY.If CONSULTANT
prepares a document on a computer,CONSULTANT shall provide CITY with said
document both in a printed format and in an electronic format that is acceptable to the
CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee,and CONSULTANT shall notify CITY of CONSULTANT's designated
representative.These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48),the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C.200e-217),and the Americans with Disabilities
Act of 1992 (42 U.S.C.§11200,et seq.).
6.3 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,
all personnel required to perform CONSULTANT's services under this Agreement.Any
person who performs engineering services pursuant to this Agreement shall be licensed
as a Civil Engineer by the State of California and in good standing.CONSULTANT
shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who
are assigned to perform the services hereunder and shall obtain the approval of the
Director of Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement,but at all times shall CONSULTANT
be responsible for its associates and subcontractors'services.
6.4 CONSULTANT's Representations
CONSULTANT represents,covenants and agrees that:a)CONSULTANT
is licensed,qualified,and capable of furnishing the labor,materials,and expertise
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ATTACHMENT 5-41
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 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.
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Notwithstanding the above,CONSULTANT may use the services of
persons and entities not in CONSULTANT's direct employ,when it is appropriate and
customary to do so.Such persons and entities include,but are not necessarily limited
to,surveyors,specialized consultants,and testing laboratories.CONSULTANT's use of
subcontractors for additional services shall not be unreasonably restricted by the CITY
provided CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain,as to the CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall have control over
the conduct of CONSULTANT or any of the CONSULTANT's employees,except as
herein set forth,and CONSULTANT is free to dispose of all portions of its time and
activities which it is not obligated to devote to the CITY in such a manner and to such
persons,firms,or corporations as the CONSULTANT wishes except as expressly
provided in this Agreement.CONSULTANT shall have no power to incur any debt,
obligation,or liability on behalf of the CITY or otherwise act on behalf of the CITY as an
agent.CONSULTANT shall not,at any time or in any manner,represent that it or any of
its agents,servants or employees,are in any manner agents,servants or employees of
CITY.CONSULTANT agrees to pay all reqUired taxes on amounts paid to
CONSULTANT under this Agreement,and to indemnify and hold the CITY harmless
from any and all taxes,assessments,penalties,and interest asserted against the CITY
by reason of the independent contractor relationship created by this Agreement.
CONSULTANT shall fully comply with the workers'compensation law regarding
CONSULTANT and its employees.CONSULTANT further agrees to indemnify and
hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws.The CITY shall have the right to offset against the amount
of any fees due to CONSULTANT under this Agreement any amount due to the CITY
from CONSULTANT as a result of its failure to promptly pay to the CITY any
reimbursement or indemnification arising under this Article.
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
CONSUL TANT 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.
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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
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:
Les Jones,Interim Public Works Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
James Barton,
Ninyo &Moore
475 Goddard,Suite 200
Irvine,CA 92618
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ATTACHMENT 5-44
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:_
Dated:_
ATTEST:
City Clerk
NINYO &MOORE ("CONSULTANT")
By:_
Printed Name:_
Title:_
By:_
Printed Name:_
Title:_
CITY OF RANCHO PALOS VERDES
("CITY")
By:_
Mayor
APPROVED AS TO FORM:
By:_
City Attorney
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Agreement for Professional Services
ATTACHMENT 5-45
Exhibit "A":
Consultant's Proposal,including Schedule of Hourly Rates
Exhibit "A"
R6876-0001\1347726v1.doc
ATTACHMENT 5-46
October 3,2012
Proposal No.208342001
Mr.Ron Dragoo
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
Subject:
Reference:
Proposal for Geotechnical Observation and Materials Testing Services
San Ramon Canyon Storm Drain System
Rancho Palos Verdes,California
Ninyo &Moore,2012,Geotechnical Evaluation,San Ramon Canyon,Storm
Drain System,Palos Verdes,California,dated June 28.
Dear Mr.Dragoo:
In accordance with the request of Mr.Alan Braadvedt of KOA Corporation,Ninyo &Moore is
pieased to submit this proposal for geotechnical and materiais testing services during the con-
struction of the San Ramon Canyon Storm Drain project located adjacent to Palos Verdes Drive
South (PVDS)and 25 th Street in Rancho Palos Verdes,California.We previously performed a
geotechnical evaluation for the project the results of which were presented in our referenced
report dated June 28,2012.The purposes of our geotechnical and material testing services are
to aid in evaluating the site conditions during construction and to evaluate the contractor's work
relative to the conformance to the project plans and specifications.
PROJECT PERSONNEL
We have attached resumes of key personnel who will be involved in the project.Jim Barton will
be the project manager and will coordinate with the Contractor,representatives of the City of
Rancho Palos Verdes and in-house personnel regarding monitoring and testing services as well
as provide geological consulting during the project.Mr.Evan Price,registered geologist,will be
the field geologist and will provide geologic mapping and monitoring the geotechnical instrumen-
tation during the tunneling operations and wall construction.During the tunneling operations,
Mr.Price will be on site full-time.Messrs.Michael Pearce and Daniel Chu will provide technical
support for the project and periodically visit the site as appropriate.In addition to the key per-
sonnel,we have several qualified professionals and field technicians who will assist in the
project as appropriate.
475 GOddard.Sull:e 200 •IMTlC,C>31Jtomi.l92618 •Phone /<.1491753-7070 •Fax /949/753-7071
SMlDlt';P •Irv.ne •~N1IJe~~•~YJClX".4l1l(t1\lJ •QalJarI(l ~Ff~'5.:laamffi:O
lllSVl'gas •Phoer1I.o:•TlJc\otl •ff\"s(oov*,.Dl..,.....,.8PJ:,I)•HOV:WXl
ATTACHMENT 5-47
San Ramon Canyon Storm Drain System
Rancho Palos Verdes,Califomia
PROJECT UNDERSTANDING
October 3,2012
Project No.208342001
The project involves improving the drainage conditions within the existing the San Ramon Can-
yon and along 25 th Street as well as improving the stability of the slopes east of Palos Verdes
Drive East (PVDE).The drainage improvements for the project will generally include the follow-
ing:1)a mid-canyon storm drain inlet with a 54-inch-diameter,steel pipe that extends
approximately 4,050 lineal feet in the southwesterly direction to the sea bluff,2)an inlet access
road and drainage improvements extending from the upper switchback PVDE to the inlet,3)
grading a portion of the canyon with a subsurface drainage system,and 4)a maintenance ac-
cess road traversing the hillside below PVDS.
The steel pipe (storm drain)will be installed with a tunneling operation utilizing "rib and lagging"
supports placed behind a fully shielded excavator for approximately 1,783 feet,jack and bore for
approximately 279 feet and by conventional cut and cover method for approximately 1,965 feet
with cuts ranging from approximately 11 feet to approximately 20 feet deep.Launching pits for
the tunneling and jack and bore operation will be constructed with plan dimensions ranging from
approximately 50 to 85 feet in length by 15 feet wide and up to approximately 22 feet deep.The
inlet and outlet structures will involve reinforced concrete headwalls and warped wing walls
supported on cast-in-drilled-hole piles with tie-back anchors.Fill soils up to approximately 40
feet will be placed behind the spillway of the inlet structure and above the canyon floor.A sub-
drain system will be placed below the fill materials within the canyon.
The project site is located within the South Shores Landslide.The South Shores landslide has
been characterized as a relatively large block glide type failure and is currently considered
dormant.The bedrock exposed within the landslide generally consists of large remnant blocks
of highly fractured,sheared and discontinuous siltstone and siliceous siltstone of the Monterey
Formation.Bedding is generally oriented to the west and south with the exception of the area
near the inlet structure where folding has occurred.A separate landslide (Tarapaca Landslide)
has been mapped below the inlet structure along the east side of the canyon.This landslide is
considered active.
In order to monitor potential slope movement and potential ground subsidence above the tunnel
portion of the alignment,four slope inclinometers and four extensometers will be installed.In
addition,an array of survey points will be established to evaluate shallow ground movement.
The slope inclinometers will be installed above the sea bluff,adjacent to the launching pit for the
tunnel operation,adjacent to the sewer easement east of the upper switchback PVDE and at
206342001 PJ·rev 2.doc 2
ATTACHMENT 5-48
San Ramon Canyon storm Drain System
Rancho Palos Verdes,Califomia
October 3,2012
Project No.208342001
the south end of Tarapaca Road along a sewer easement.The extensometers will be installed
at the south side of PVDS,south side of the lower switchback PVDE,north side of the lower
switchback PVDE and above the existing sewer line east of the upper switchback PVDE.We
understand that the selected contractor will install the instrumentation.Monitoring of the instru-
mentation will be performed by the geotechnical consultant.
SCOPE OF SERVICES
Based on our review of the project specifications,and our understanding of the proposed con-
struction,we propose to provide the following scope of services:
Geotechnical Monitoring
•Project coordination,technical support,and management,including review of the contractor
scheduling and submittals for survey data and instrumentation.
•Observation of the installation of the inclinometers and extensometers.
•Initial readings of the inclinometers and extensometers will be obtained by our representa-
tive and then two readings of the inclinometers prior to the start of construction.
Subsequently,weekly readings of the inclinometers will be obtained during the grading and
construction of the structures.Readings of the extensometers will generally be on a weekly
basis with the exception of when the tunnel face is within 100 feet of an extensometer.At
that point,daily readings will be obtained.
•Data compilation and analysis of the monitoring data.
Geotechnical and Materials Testing Services
•Engineering consultations,including assistance during project bid phase,review of contrac-
tor submittals and Requests for Information (RFl's).
•Field engineer/geologist services for mapping geologic exposures,evaluation and docu-
mentation of tunnel conditions,observation of overexcavation bottoms,foundation
excavations,and subsurface drainage conditions,and to provide written recommendations
as appropriate.
•Field engineer/geologist services for observation of tie back anchor installations and testing
of the anchors and to provide written recommendations as appropriate.
•Field soils technician services for observation,sampling,and density testing during the
placement of the canyon fill and trench backfill.
•Field technician services sampling and testing during concrete placement,including check-
ing slump and temperature,and casting of concrete cylinders.
208342001 P3·rev 2 doc 3
ATTACHMENT 5-49
San Ramon Canyon Storm Drain System
Rancho Palos Verdes,Califomia
October 3,2012
Project No.208342001
•Preparation of daily reports,test data sheets,and field memoranda to document the items
inspected.
•Pick-up and transportation of construction material sam pies for testing at our laboratory.
•Laboratory testing services including proctor density,sieve analysis,sand equivalent and
concrete compressive strength testing.
•Preparation of an as-built geotechnical report.
ASSUMPTIONS
Based on our experience with similar projects,the following assumptions have been made in
the preparation of our scope of services:
•Our services are sUbject to prevailing wage requirements.
•Our services do not include the drilling and installation of the instrumentation of the exlen-
someters and inclinometers.We understand the contractor will be installing the
instrumentation.
•Inspection of reinforcing steel (rebar)will be performed by others.
•Our services do not include sampling and testing grout associated with the tunneling.We
understand the contractor will have an independent Concrete and Cement Reference La-
boratory perform the appropriate sampling and testing.
•Our services do not include a pre-construction survey of the structures and existing im-
provements in the vicinity of the project.
•The estimated costs are based on assumed time estimates for the various construction
phases.A construction schedule was not available at the time of this proposal.Accordingly,
the estimated costs should be reviewed when a construction schedule is available and re-
vised as appropriate.
•Our estimated fee does not include stand-by time or costs associated with retesting or rein-
specting materiais that were found not to be in compliance with the project plans or
specifications.Our services will depend on the construction schedule and the contractor's
operations.Hours spent that exceed those in the attached table will be billed on a time-and-
materials basis.
ESTIMATED FEE
We propose to provide our services on a time-and-materiais basis in accordance with the at-
tached Schedule of Fees and Schedule of Fees for Laboratory Testing.We estimate that our
fees for the above scope of work will be approximately $246,600 (two hundred forty-six thou-
sand and six hundred dollars).
208342001 P3·rev 2,doc 4
ATTACHMENT 5-50
San Ramon Canyon Storm Drain System
Rancho Palos Verdes,Califomia
October 3,2012
Pr~ectNo.208342001
Our estimate is partly based on the preliminary estimated schedule for the project of 250 calen-
dar days,including five months of full time monitoring and inspection during the tunneling
operations.Based on the estimated project schedule,a review of our referenced report and the
project specifications,we have prepared the attached Table 1 including our estimated hours and
fees for the scope of work described above.
Ninyo &Moore appreciates the opportunity to provide seIVices on this project,and we look for-
ward to working with you.
Respectfully submitted,
NINYO &MOORE
James Barton,PG,CEG
Senior Geologist
JJB/LTJ/ir
Attachments:Resumes
Table 1-Breakdown of Estimated Fee
Scheduie of Fees
Scheduie of Fees for Laboratory Testing
Distribution:(1)Addressee (via e-mail)
Lawrence Jansen,PG,CEG
Principal Geoiogist
208342001 P3·rev 2.doc 5
ATTACHMENT 5-51
EDUCATION
B.A.,Geology,1977,LaSalle College
Post Graduate Studies,Geology,1978,
San Diego Slate University
REGISTRATIONS AND
CERTIFICATIONS
PG 3952 (California)
CEG 1301 (California)
Special Inspector of Deep Foundations,
City of San Diego,No.276
Radiological Safety and Gauge Use
Certificalion,No.3288-59
EXPERIENCE HIGHLIGHTS
Groundwater Recovery Plant Project for
South Coast Water District
Rehabilitation of the East Aliso Creek
Emergency Sewer for Soulh Orange
County Waler District
Evaluation of Rose Canyon faull for
Residenlial Developers
Asilomar Landslide Evaluation for the City
of Los Angeles Public Works Department
Multiple large business and residential
developments for private developers
PROFESSIONAL
AFFILIATIONS
Association of Engineering Geologists
South Coast Geological Society
JAMES BARTON,PG,CEG
PROJECT MANAGER/SENIOR GEOLOGIST
Mr.Barton has extensive experience in engineering geology in southern California
involving public work improvements,pipelines,business park developments,large
commercial structures,major retail centers,education facilities,hospitals,highways and
bridges.His experience includes exploration of varied geologic environments to evaluate
geologic and seismic hazards.He is well versed in exploration techniques including
aerial photo inlerprelation,downhole logging,hollow stem and mud rotary drilling,air
percussion,cone penetrometer,moniloring wells,fault trenching,and geophysical
surveys.He has field conslruction experience wilh grading,blasting,landslide
buttresses,subsurface drainage systems,ground modification techniques,shoring
systems,tie-back anchors,drilled foundations,and as-graded geologic
evaluation/mapping.As Senior Geologist for Ninyo &Moore,Mr.Barton manages
projects including design investigations,construction observation and testing,and
forensic evaluations.
REPRESENTATIVE PROJECT EXPERIENCE
San Ramon Canyon Storm Drain System,Rancho Palos Verdes,California:
Project Manager and Senior Geologist for the evaluation of a proposed drainage
system along and near the San Ramon Canyon in Rancho Palos Verdes.The
proposed drainage improvemenls include construction of canyon subdrain systems,
partial canyon filling and buliressing of the Tarapaca Landslide,conslruclion of 4,000
feet of 54-inch storm drain,nearly 2,000 feet of tunneling,construction of a mid-canyon
iniet structure,construction of a sea-bluff outlet struclure and construction of access
roads in the relatively steep landslide and canyon terrain.Mr.Barton was responsible
for coordinating with the City of Rancho Palos Verdes representatives and the design
team and managing the geotechnical evaluation which included field geologic
mapping,exploratory borings to depths up to 131 feet,continuous core sampting,
optical televiewer and suspension logging of boreholes,backhoe test pits,laboratory
testing and engineering analysis.Multiple geologic cross sections were prepared to
evaluate the planned construction activities and slope stability.Mr.Barton co-authored
the geolechnical report which included design recommendations for the canyon
grading,tunneling,material engineering properties,trenching,and inlet and outlet
foundation systems.Inlet and outlet structures involved temporary excavations utilizing
soldier piles and tie-back anchors.Soldier piles were also designed to stabitize
planned access road slopes.
Asilomar Boulevard Landslide,Pacific Pafisades,California:Senior Geologist for
the evaluation of an active landslide complex beneath Asilomar Boulevard in Pacific
Palisades,California.The landslide extends from Asilomar Boulevard down a 200-foot-
high slope 10 Pacific Coast Highway.The active movement of the landslide threalened
to undermine the City-owned Asilomar Boulevard and impact lower properties
occupied by two mobile home parks.The hillside terrain facing the ocean is underlain
by tilted siltstone and shale beds of the Modelo Formation.The hillside includes
several landslides and periodic slope movement has been documented since 1958.
Mr.Barton coordinated with the design team and developed an exploration program to
evaluate the slope slability and subsurface conditions for the repair of the landslide.
The exploration Included geologic mapping,large and small diameter borings up to 90
feet,slope inclinometers and groundwater monitoring wells.Mr.Barton prepared
geologic cross sections for stability analysis.Mr.Barton co-authored the geotechnical
report that included geologic interpretation of the landstide complex,slope stability
analysis and recommendations to mitigate the potential for additional movement of the
slope benealh Asilomar Boulevard.
Experience I Qual1ty I Commitment
ATTACHMENT 5-52
JAMES BARTON,PG,CEG
PAGE20F2
REPRESENTATIVE PROJECT EXPERIENCE (continued)
Ellis Avenue Pump Station,Fountain Valley,California:As Senior Geologist,Mr.Barton was responsible for managing the
design of the project.The project was part of a significant groundwater replenishment program in Orange County.The
project consisted of a new pump station that extended to depths of approximately 75 feet.A 66-inch-diamter gravity trunk
sewer was also installed with a Tunnel Boring Machine (TBM)along Elis Avenue for a distance of approximately one mile.
Mr.Barton coordinated with the project design team 10 evaluate the subsurface conditions.Twenty-two boring and two cone
penetrometer tests (CPT)were drilled up to depths of approximately 75 feet.Piezometer and monitoring wells were installed
along several localions along the alignment to evaluate the groundwater conditions.Mr.Barton and his team provided the
interpretation of the underlying soil stratigraphy to aid in the design of the means and methods for the TBM.Geotechnical
design parameters were also provided for the construction of the new pump station.Mr.Barton also provided consultations
during construction regarding the as-built conditions of the project.
Stone Canyon Pumping and Filtration Plant,Stone Canyon Reservoir,Los Angeles,California:Project Manager and
Senior Geologist during the construction phase of the pumping and fillration plant at the DWP Stone Canyon Reservoir in Los
Angeles,California.The project consisted of a partially below grade facility with structural floor slabs situated in an
environmentally sensitive canyon area surrounded by mature oak and magnzolia trees within the Santa Monica Mountains.
The construction included temporary cuts and shored excavations up to approximately 28 feet deep.The structure was
supported on ninety-five,30 to 60-inch diameter,cast-in-drill-hole (CIDH)piles bearing on Santa Monica Slate bedrock.
During construction,Mr.Barton managed and supervised our personnel involved in the testing and inspection services which
included mapping geologic features,inspection of temporary excavations and tie-backs,and the inspection of the CIDH piles.
Mr.Barton was involved in the geologic evaluation of foundation test piles,including the pile dynamic load testing.Mr.Barton
also interacled with Department representatives,attended construction meetings,and reviewed compaction data provided by
City's representatives.Mr.Barton supervised the collection of field data throughout the project including observation and
documentation of contractor perfonmance,evaluation of suitable bedrock bearing material,and evaluation of groundwater,
caving or other non-conforming issues.Documentation of the as-built conditions of the foundation construction and earthwork
was authored by Mr.Barton in an as-built geotechnical report.
Rehabilitation of the East Atiso Creek Emergency Sewer,Laguna Niguel,California:As Senior Geologist,Mr.Barton
coordinated and planned a geologic study of the existing underground sewer line adjacent to one of the largest active creeks
in Orange County,California.Mr.Barton led a team of geologists to map the geology and features of concern along the creek
embankment for approXimately 2 miles.The purpose of the study was to evaluate slope stability and erosion as well as the
fulure impact to the alignment from geologic hazards.The mapping also included analyzing an extensive amount of low-
angle infrared and stereographic aerial photographs of the creek and adjacent hillsides.Mr.Barton prepared a geotechnical
report highlighting areas of concern to the future perfonmance of the existing sewer system.
Replacement of the Rocky Point Pump Station,Orange County Sanitation District,Newport Beach,California:Project
Manager and Senior Geologist for the evaluation of the geotechnical and environmental conditions for the replacement of an
existing pump station along the Coast Highway in Newport Beach,California.The project consists of a new pump station at the
base of a relatively steep natural hillside up to approximately 73 feet in height bordering the Lower Newport Bay.Expensive
residential structures are present along the top of the slope.The pump station will have an underground we~dry well extending
to depth up to 28 feet deep,The site geology includes terrace deposits overlying interbedded sandstone,siltstone and claystone
of the Niguel and Capistrano Fonmations with some natural decaying hydrocarbons.Mr.Barton coordinated with the design team
and environmental consultants and developed an exploration program to evaluate slope stability,subsurface conditions for
foundations and contamination.The exploration included manual test pits and continuous coring up to 80 feet within the slope
area to evaluate the geologic structure and slope stability.Hollow stem auger drilling and installation of groundwater moniloring
wells was perfonmed at the pump station site to evaluate the geologic and groundwater conditions for foundations,excavation
and dewatering.In-situ penmeability testing was perfonmed to evaluate construction dewalering and to aid in selection of shoring
systems.Mr.Barton prepared geologic cross sections for stability analysis.Mr.Barton co-authored the geotechnical report that
included slope stability analysis and recommendations to mitigate the potential for surficial instability.
experience I Quality I Comm[tm~llt
ATTACHMENT 5-53
EDUCATION
Ph.D.,Geotechnical Engineering,2006,
University of California,Los Angeles
M.S.,Geotechnical Engineering,1981,
Utah State University
B.S.,Civil Engineering,1978,National
Central University,Chungli,Taiwan
REGISTRATIONS
RCE 37991 (California)
GE 2096 (California)
EXPERIENCE HIGHLIGHTS
Slope Stabilityllandslides
Pavement Design
Tunnels &Underground Structures
Seismic Hazards
PROFESSIONAL
AFFILIATIONS
American Society of Civil Engineers
California Geotechnical Engineers
Association
PUBLICATIONS
Cyclic So~ening of Low·Plasticity Clay
and its Effect on Seismic Foundation
Performance
DANIEL CHU,PhD,GE,PE
CHIEF GEOTECHNICAL ENGINEER
As Chief Geotechnical Engineer for Ninyo &Moore,Dr.Chu is responsible for the quality
of engineering,technical approach,training of staff,and engineering assignments for the
Irvine office.Dr.Chu has extensive experience providing geotechnical engineering for
reservoirs,water treatment plants,pump stations,pipelines,tunnels,bridge structures,
highways,and commercial developments.Dr.Chu has expertise in soil mechanics,
dynamic soil behavior,seismic hazard risk assessment,static and dynamic earth
loading,liquefaction,design of deep and shallow foundations,shoring systems,slope
stability,erosion control,and pavement design.Dr.Chu has direct project involvement
including evaluation of exploration/sampling protocol,analysis of laboratory test results,
direction of engineering tasks,review of calculations,and report preparation.
REPRESENTATIVE PROJECT EXPERIENCE
San Ramon Canyon Storm Drain System,Rancho Palos Verdes,California:Chief
Geotechnical Engineer for the evaluation of a proposed drainage system along and
near the San Ramon Canyon in Rancho Palos Verdes.The proposed drainage
improvements include construction of canyon subdrain systems,partial canyon filling
and buttressing of the Tarapaca Landslide,construction of 4,000 feet of 54·inch storm
drain,nearly 2,000 feet of tunneling,construction of a mid-canyon inlet structure,
construclion of a sea·bluff outlet slructure and construction of access roads in the
relatively steep landslide and canyon terrain.Dr.Barton was responsible for the
geotechnical evaluation which included field geologic mapping,exploratory borings to
depths up to 131 feet,continuous core sampling,optical televiewer and suspension
logging of boreholes,backhoe test pits,laboratory testing and engineering analysis.
Multiple geologic cross sections were prepared to evaluate the planned construction
activities and slope stability.Dr.Chu co-authored the geotechnical report which
included design recommendations for the canyon grading,tunneling,material
engineering properties,trenching,and inlet and outlet foundation systems.Inlet and
outlet structures involved temporary excavations utilizing soldier piles and tie-back
anchors.Soldier piles were also designed to stabilize planned access road slopes.
Asilomar Boulevard Landslide,Pacific Palisades,California:Chief Geotechnical
Engineer for the evaluation of an active landslide complex beneath Asilomar Boulevard
in Pacific Palisades,Califomia.The landslide extends from Asilomar Boulevard down a
200·foot·high slope to Pacific Coast Highway.The active movement of the landslide
threatened to undemnine the City-owned Asilomar Boulevard and impact lower
properties occupied by two mobile home parks.The hillside terrain facing the ocean is
underlain by tilled silts lone and shale beds of the Modelo Formation.The hillside
includes several landslides and periodic slope movement has been documented since
1958.Dr.Chu was responsible for the overall geotechnical engineering design
including laboratory testing,slope slability modeling,foundation engineering,tie-back
anchors and earthwork specifications.
Experienc.e I Quality 1 Commitment
ATTACHMENT 5-54
DANIEL CHU,PhD,GE,PE
PAGE 2 OF 2
REPRESENTATIVE PROJECT EXPERIENCE (continued)
Ocean Trails Golf Course Landslide Evaluation,Rancho Palos Verdes,California:Chief Geotechnical Engineer responsible for
conducting a forensic evaiuation of landsliding at the Ocean Trails golf course in Rancho Palos Verdes,California.An approximately
16-acre ancient landslide on the coastal bluff was reactivated,sliding approximately 50 feet toward the ocean.The ancient landslide
destroyed much of the 18th fairway and green along with adjacent improvements,including an active County sewer line.The forensic
evaluation included muitiple geotechnical firms in a group investigation.The geoiogic setting included gently to moderately tilted beds
of the Monterey Formation.The Monterey Formation at this locality included interbedded sequences of fine silty sandstone,
siltstones,shales,dolomitic shaies,siliceous zones,and bentonitic ash beds.The basal rupture surface was formed along a relatively
continuous bentonite layer at a depth of approXimately 90 feet.The geologic evaluation included detailed geologic mapping,26 large
diameter borings,2 rotary wash continuous core borings,12 inclinometers,and the excavation and evaluation of buried sewer lines
and artificial lakes.The analysis included preparation of multiple geologic cross sections,slope stability analysis,and evaiuation of
potential reactivation causes including seismic activity,precipitation,wave erosion,irrigation,construction activities,iake leakage,and
sewer line leakage.
North Outfall Sewer·East Central Interceptor Sewer Project,Los Angeles,Catifornia:Technical Reviewer for geotechnical
instrumentation and monitoring during construction of the North Outfall Sewer -East central Interceptor Sewer (NOS-ECIS)in the City of
Los Angeles,Califomia.The project included an 18.5 kilometer tunnel,5 meters in diameter,constructed at depths of 30 meters with a
TBM.Mr.Chu worked on the design and planning of the instrumentation system and supervised engineering slaft during collection and
inlerpretation of monitoring data.
City of Los Angeles,Echo Park Lake Rehabilitation Project City of Los Angeles,California:Principal-in-Charge during the
geotechnical consulting services for the Echo Lake Rehabilitation project located in Los Angeles,California.The 13-acre Echo Park Lake
is part of the existing storm drain system and provides hydraulic relief during storms.The water quality of the lake is impaired and the
overall objective of the project is to improve water quality in both the lake and the Los Angeles River Watershed.Another objective is to
reduce the use of municipal water to maintain the water level in the lake.
LADWP/Stone Canyon Pumping and Filtration Plant,Stone Canyon Reservoir,Los Angeles,Catifornia:Project Engineer during
the geotechnical and seismic hazards evaluation and construction for planned improvements at the LADWP Stone Canyon Reservoir in
Los Angeles,California.The site is situated in a canyon area in-filled by deep alluvium and surrounded by steep slopes of the Santa
Monica Mountains.The major geotechnical consideration is the differential settlement caused by earthquake-induced dynamic
settlement.Drilled piers up to 60-inclh in diameter were recommended over the driven piles due to the environmental noise concerns.
Non-destructive pile load tests using the "APPLE"drop weigh device were performed by GRL Engineers Inc,to evaluate the end bearing
capacity of the drilled piers.Because shallow groundwater seepage was encountered during construction,some drilled piers were
installed by !remie concrete method and followed by a cross-hole sonic logging test to check the integrity of the pier.Construction defects
such as concrete necking,exposure of rebars to soil and cold joint were detected in few drilled piers and those were repaired
accordingly.
LADWP/Owens Lake Dust Control Project,Owens Lake,Inyo County,California:Technical Reviewer during the geotechnical
evaluation for the design of a 13.5-square-mile shallow flooding irrigation system in the northeasterly part of the dry lakebed of Owens
Lake for dust control.Dr.Chu reviewed exploration and sampling plans,provided technical input regarding in-situ testing hydraulic
conductivity,and reviewed design recommendations.
Efftuent Pump Station Annex -Job No.J·n,Orange County Sanitation District Plant No.2,Brookhurst Stree~Huntington
Beach,Catifornia:Chief Geotechnical Engineer during the geotechnical evaluation for the planned Effluent Pump Station Annex and
New Power Building at the existing OCSD Plant No.2 in Huntington Beach,Califomia.Dr.Chu collaborated on the design of exploration
and sampling and supervised the engineering for the project.The analysis included evaluation of liquefaction and dynamic settlement for
various design seismic events,evaluation of axial and lateral capacities for driven piles,mat foundation design,lateral earth pressures,
and shoring parameters.
Peters Canyon Channel Facility,Orange County,Catifornia:Project Engineer during the design and construction of the Peters
Canyon Channel Facility F06.The project involved the improvement of the existing Peters Canyon Wash for the Orange County Flood
Control District.Improvements included construction of a concrete trapezoidal channel,subsurface drainage systems,retaining walls,
and levees.
Experience I Quality I Commitm~nt
ATTACHMENT 5-55
25
EDUCATION
MS,Civil Engineering,1994,University of
California at Berkeley
BS,Geology,1993,University of California al
Santa Barbara
REGISTRATIONS
GE 2730 (California)
RCE 60085 (California)
Permit-Required Conlined Space
Certification
Tunnel Safety and Underground Safety
Certification,2001
Railroad Safety Trained,2003
Self RescuerfTunnel Evacuation Training
30 Hour OSHA Construction Site Training
CPN Nuclear Gauge Operator Certification
Radialion Safety Officer Certification
EXPERIENCE HIGHLIGHT
LA Metro Gold Line Eastside Extension Twin
Bore Subway Tunnel Project.
Various LA Metro Mainlenance Facililies and
Parking Structures
City of Los Angeles Sewer Replacement
Tunnel Projects (ECIS,NElS,&NElS 2).
Pacific Gas &Electric Penstock Evaluations.
Los Angels Department of Water and Power
Wind Farm Transmission Line Project.
Southern California Edison's Tehachapi
Renewable Energy Project.
FEMA Levee Certificalion for the Irvine
Ranch Water District.
PROFESSIONAL
AFFILIATIONS
American Society for Civil Engineers
Society for Mining and Exploration
TUNNEL PUBLICATIONS
Moniloring Earth Pressure Balance Tunnels
in Los Angeles -Proceedings 7th
International Symposium on Field
Measurements in Geomechanics,ASCE,
Boston,Massachusetts,September 2007
MICHAEL T.PEARCE,PE,GE
TECHNICAL ADVISOR
As a Principal Engineer for Ninyo &Moore,Mr.Pearce has provided full time
projecVconstruction management for on-call material testing and inspection contracts,
coordinates and conducts geotechnical evaluations for tunnels,transmission lines,
highways,tunnel,railroads,pipe-lines,pUblic and private buildings,and bridges.He
supervises the installation,data collection,and analysis of geotechnical monitoring
systems;performs slope stability analyses,flexible and rigid pavement design,shoring
design and underground pipeline design;prepares and reviews geotechnical reports;
provides geo-technical design parameters and recommendations for shallow and deep
foundations,retaining structures,in-situ ground remediation and earthwork;reviews
laboratory results,project plans and specifications;provides supervision and technical
support to staff-level engineers,geologists,inspectors,and technicians;and performs
project administration and management.
REPRESENTATIVE PROJECT EXPERIENCE
Metro Gold Line Eastside Extension,Los Angeles,California:Project Manager and
Project Engineer providing full-time geotechnical support as a part 01 the Metropolitan
Transportation Authority's integrated project management team.The $600 million
construction project included,the construction of two 25-feet diameter subway tunnels,
utiliZing two EPB TBMs,and three underground stations.Working direcUy under Metro's
Director of Construction Management,Mr.Pearce collaborated daily with the Chief
Resident Engineer (RE)and Tunnel RE while implementing and managing geotechnical
monitoring,survey data,and TBM data collection and analysis through underground
construction to evaluate the contractors conformance to project specifications,In addition
his responsibility included participating in weekly progress meetings,review and approve
contractor submittals,review and respond to project RFl's,review portions of Contractor
invoices,co-author and co-presenter of the owner's position paper to the Dispute
Resolution Board in response to a contractor claim,prepared project documents for the
FTA,provided weekly reports to the Technical Advisory Panel,provided geotechnical
support for grouting,station construction,dewatering,mitigation of ground loss,and as-
needed engineering consultation.
East Central Interceptor Sewer Project,Los Angeles,California:Project Manager
assigned to the integrated project management team providing full time geotechnical
support supervising the instrumentation monitoring during construction of the North
Outfall Sewer -East Central Interceptor Sewer (NOS-ECIS),for the City of Los Angeles,
Califomia,Tunnel construction included 4 EPB TBMs working simultaneously through
residential and urban Los Angeles.The tunnel was constructed under several buildings,
freeways,utilities,and the Los Angeles River in alluvial soils above and below the water
table.Responsibilities included coordinating survey crews and inslrumentation
technicians to implement geotechnical monitoring program along the tunnel alignment,
provide detailed analysis and data compilation for construction team.Other
responsibilities included investigation and supervision of compaction grouting for
mitigation of ground loss,and engineering consultation.
Tunnel Rehabilitation,White Sands Missile Range,New Mexico:Geotechnical
Engineer for the repair of a damaged tunnel in remote mountainous terrain in the New
Mexico desert,Ninyo &Moore provided geologic mapping and geotechnical engineering
analysis of the damaged portal area of a 600 foot long rock tunnel,The scope of services
included design and oversight during repairs to the tunnel walls and ceiling using rock
dowels and sholcrete.
ATTACHMENT 5-56
MICHAEL T.PEARCE,PE,GE
PAGE 2 OF 2
REPRESENTATIVE PROJECT EXPERIENCE (continued)
Northeast Interceptor Sewer Project,Los Angeles,Califomia:Project Engineer retained to perform geotechnical
inslrumenlation monitoring during construction of lhe Northeast Interceptor Sewer (NElS)in the City of Los Angeles,California.
Tunnel conslruction included 3 EPB TBMs working simultaneously through residential and urban Los Angeles.
Responsibilities included coordinating survey crews and instrumenlation technicians to implement geotechnical monitoring
program along lhe tunnel alignment,provide detailed analysis and dala compilalion for conslruction team.Other
responsibililies included review and respond to project submittals and RFl's and engineering consultation.
Northeast Interceptor Sewer II &Glendale Burbank Interceptor Sewer,Los Angeles,California:Project Engineer
relained to provide geotechnical support for the preliminary design of the Northeasl Interceptor Sewer II (NElS 2)and the
Glendale Burbank Interceptor Sewer (GBIS)in the City of Los Angeles,California.The NElS 2 and GBIS projecl is the
extension of the NElS project previously construcled.This phase includes the preliminary design of 11.5 miles of g5-inch
diameter tunnel through soft ground and rock up to depths of 180 feet.Responsibilities included managing field personnel,
reviewing logs,reviewing cost estimates,and as-requested engineering support during the preliminary design for geotechnical
and instrumentation design parameters.
Colorado Ocean Relief Sewer,Santa Monica,California:Project Engineer retained to supervise construction support
services provided during construction of the Colorado Ocean Relief Sewer Project located in lhe City of Santa Monica,
California.The projecl consisted of 1000 feet of new pipeline that included 250 feel of an 8.5 feet diameter lunnel.The tunnel
was excavated with an open shield in soft ground conditions beneath Pacific Coast Highway.Responsibilities included
supervising and review of face logging provided by our Certified Engineering Geologist,material testing and sample collection
along the cut and cover portions of Ihe alignment,reviewing inspectors daily reports,and providing environmental testing of
collected samples.
Armstrong Avenue and McGaw Trunk Sewer,(IRWD)Irvine,California:Project Manger providing geotechnical consulting
services for the general contractor to evaluate a differing site condition claim for the completed micro-tunnel project.Originally
design as a cut and cover sewer project the Contractor proVided a micro-tunnel alternative for the approximately 10,500 feet of
new 28-inch and 48-inch diameter sewer.Significant delays in schedule concluded with a differing site condition claim by the
tunneling subcontractor against the general contractor.Responsibilities included reviewing contract documents,inspector's
daily reports,project schedule,geotechnical reports and the plans and specifications.Using the available data a detailed
analysis was provided illustrating tunnel rates,soil types,and construction delays.
Ellis Ave Tunnel -Pump Station (OCSD)Fountain Valley,California:Project Engineer supervising the district wide On-
Call geotechnical services contract.Services included material testing and inspection during micro tunneling and pump station
excavalion.Responsibilities included coordinating inspeclion,review and report laboratory testing results and consultation with
OCSD slaff.
Los Angeles Metropolitan Transportation Authority (Metro),Hollywood,California:Project Engineer providing
geolechnical consulting services for the documentation and evaluation of lunnel induced settlement along lhe historic Walk of
Fame corridor during construction of lhe Red Une.Mr.Pearce provided bUilding inspections,surveying,subsurface
invesligation,monitoring of instrumentation and detailed evaluation regarding the settlement.
Aliso Creek Emergency Sewer (ACES)Laguna Niguel,California:Projecl Engineer for the Aliso Creek Emergency Sewer
(ACES).The project involved the design of new sewer and reclaimed water pipelines along IIJiso Creek Wilderness Park.
Pipeline construction trends along an alluviated valley and crosses alluvial fan deposits,slope wash,Topanga Formation,and
several large ancient landslides.Portions of the alignment wilt include micro-tunneling.Mr.Pearce reviewed and evaluated
laboratory test data,performed geotechnical engineering for shoring and lateral earth pressures and provided consultations
regarding micro-tunneling techniques.
Los Angeles Metropolitan Transportation Authority (Metro),Division 13 (Union Division Bus Maintenance and Pariking
Facility project,Los Angeles,California:Project Manager for the geotechnical design services for 4-story bus maintenance,
parking facility with an underground level.Responsibilities included supervision of a multi-phase field evaluation,engineering
analysis for geologic and seismic hazards,and project geotechnical recommendations.Site challenges included for remediation
of liquefiable soils and foundation options.Our findings and recommendations were provided in a geotechnical report and
presented during a project design charrelle.
25
ATTACHMENT 5-57
EDUCATION
B.S.,Geology,2005
University of California,Santa Barbara
REGISTRATIONS AND
CERTIFICATIONS
Professional Geologist,PG 8861
40-Hour HazardOUS Waste Operation
Certification,2008
Radiation Safely and Use of Nuclear
Gauges Certification,2005
Railroad Safety Trained,2006
EXPERIENCE HIGHLIGHTS
Asilomar Landslide Evaluation for the
City of Los Angeles Public Works
Department
Soulhern California Edison's
Tehachapi Renewable Energy Project.
Transmission Project,Environmental
Impact Report
Multiple large business and residential
developments for private developers
PROFESSIONAL AFFILIATIONS
Member,Association of Engineering
Geologists
Member,South Coast Geological
Society
EVAN PRICE,PG
FIELD GEOLOGIST
As A Senior Staff Geologist for Ninyo &Moore,Mr.Price researches and compiles
geologic data for investigations.He coordinates and supervises subsurface drilling
activities,and performs geologic mapping and logging of exploratory borings and test
pits.Mr.Price coordinates with support staff including technical illustrators and field
and laboratory technicians,and prepares correspondence,permit requests,and
geotechnical reports.He has experience wilh downhole logging,hollow stem and mud
rotary drilling,coring,air percussion,cone penetrometer,monitoring wells,inclinometers,
piezometers,fault lrenching,and geophysical surveys.He has field construction
experience with grading,landslide buttresses,subsurface drainage systems,ground
modification techniques,shoring systems,tie-back anchors,soil nail walls,drilled
foundations,driven pile foundations,stone column soil improvements,micropile
foundations,compaction testing,and as-graded geologic evaluation/mapping
REPRESENTATIVE PROJECT EXPERIENCE
San Ramon Canyon Storm Drain,Rancho Palos Verdes,California:Senior Staff
Geologist for City of Rancho Palos Verdes project that would improve drainage
conditions along the San Ramon Canyon,which traverses the South Shores Landslide
to the ocean.The drainage improvements include construction of canyon subdrain
systems,partial canyon filling and buttressing of the Tarapaca Landslide,construction
of 4,000 feet of 54-inch storm drain,nearly 2,000 feet of tunneling,construction of a
mid-canyon inlet structure,construction of a sea-bluff outlet structure and construction
of access roads in the relatively steep landslide and canyon terrain.The project is
intended 10 improve drainage along lhe canyon and reduce the potential for future
landslide movement.Mr.Price was the lead field geologist for the project.He
coordinated with subcontractors and directed field exploration activities.He was
responsible or geologic mapping and logging continuous core borings and exploratory
test pils.He prepared geologic cross-sections,assisted with slope stability analysis,
and prepared technical data.
North East Interceptor Sewer and Glendale Burbank Interceptor Sewer (NElS
21GBIS),Los Angeles,California:Field Geologist during the geolechnical evaluation
for the design and construction of two new 96-inch-diameter sewer pipelines to be
installed using tunnel boring machines (TBMs)180 feet below grade.Performed nine
exploratory borings to depths of up to 195 feel to collect preliminary data regarding the
geologic and geotechnical conditions,geologic slructure,and rock strength
characteristics of quartz diorite and Modelo Formation along the alignments.The
borings were advanced using continuous rock coring methods and rock cores were
collected,logged,sampled,and prepared for storage.Services also included packer
testing to evaluate strength and hydrogeologic conditions of the bedrock at the
proposed pipeline invert elevations and installation of groundwater monitoring wells in
the borings.
North East Interceptor Sewer Project Phase II (NElS 2),Los Angeles,California:
As Staff Geologist assisted in a subsurface exploration program for the preliminary
design of the Northeast Interceptor Sewer II (NElS 2)in the City of Los Angeles,
California.The NElS 2 project phase includes the preliminary design of 11.5 miles of
96-inch diameter tunnel through soft ground and rock up to depths of 180 feet.
Responsibilities included field logging of soils and rock cores,reviewing logs and field
data,and project coordination.
Experlellce I Quality I Commitment
ATTACHMENT 5-58
EVAN PRICE
PAGE20F2
REPRESENTATIVE PROJECT EXPERIENCE (CONTINUED)
Five Coves and Lincoln Basins Bypass Pipeline Project,Anaheim,California:As Senior Staff Geologist assisted in the
geotechnical consulting services for the design of the Orange County Water Dislrict Five Coves and Uncoln Basins Bypass
Pipeline project in Anaheim,California.Mr.Price look part in the subsurface exploration which included small diameter
borings and test pits to evaluate the geologic conditions at the site.Helped prepare geologic models to evaluate the slope
stability and design recommendations.
Mira Loma Recharge Basin,Anaheim,California:Staff Geologist retained to perform a geotechnical study to evaluate the
geologic conditions at the Orange County Water District's planned Mira Loma Recharge Basin in Anaheim,California.Our
study was perfonned in support of planning and environmental documents for the project.
MRCAIWestridge Overlook,Los Angeles,Santa Monica Mountains:Ninyo &Moore performed a geologic evaluation at
the Westridge Overlook site in the Santa Monica Mountains for the planned nature park facility.The project was located in
steep mountainous terrain in the southeast portions of the Santa Monica Mountains.The park development included an
overtook area with graded parking areas,a paved access road,retaining walls and restoration of vegetated slopes and
construction of trails.Our services included geologic mapping on site,including evaluation of a previously mapped landslide
on slopes flanking the ridge line for Ihe overtook park.Our geologic evaluation included research and review of published
geologic maps,review of previous geotechnical reports,geologic interpretation topographic maps and aerial photographs,
and subsurface exploration.Laboratory testing was perfonned to classify materials and evaluate strength characteristics of
geologic units for stability analysis.Stability analysis was perfonned for proposed cut slopes in Santa Monica Slate bedrock.
The results of our geologic evaluation were presented in an illustrated report presenting our conclusions and
recommendations.Our recommendations included geolechnical criteria for earthwork and slope stability,retaining wall
construction and pavements.Our report included logs of exploratory borings,laboratory test resulls,geologic map and
geologic cross sections.
LADWP Barren Ridge Renewable Transmission Project,Los Angeles and Kern Counties,California:As Staff
Geologist took part in a geotechnical study to be included in the Environmental Impact Report for a proposed new 230kV
transmission line from the Barren Ridge substation in the Mojave Desert area to the new Haskell s~tching station in the
Santa Clarita area.Mr.Price perfonned extensive data inventory of the geologic resources and potential geologic and
seismic hazards affecting more than 200 miles of altemative route alignments for the transmission project.Extensive GIS-
based analysis was conducted to evaluate and present the potential projecl impacts.He took part in the assessment of the
potential impacts of Ihe project and developed mitigation measures to reduce the impacts.Significant geologic fealures of
the study included potential surface fault ruplure due to the San Andreas and other active faults,potential liquefaction hazard
zones,and the steep,landslide-prone terrain of the Angeles National Forest and Sierra Pelona.
bperience I Quality I CommItment
ATTACHMENT 5-59
San Ramon Canyon Storm Drain System
Rancho Palos Verdes,California
TABLE 1 -BREAKDOWN OF ESTIMATED FEE
PROJECT COORDINATION AND MANAGEMENT
October 3,2012
Pr~ectNo.208342001
Principal Engineer/GeologisVEnvironmental Scientist 40 hours @ $154.00
Senior Engineer/GeologisVEnvironmental Scientist 72 hours @ $148.00
Senior Staff Engineer/GeologisVEnvironmental Scientist 40 hours @ $128.00
Subtotal
INSTRUMENTATION AND TUNNELING MONITORING
/hour $6,160.00
Ihour $10,656.00
Ihour $5,120.00
--'$'--2-"1'"',9'::'3S=-'-.0;:':0'
Principal Engineer/GeologisVEnvironmental Scientist 30 hours @ $154.00 Ihour
Senior Engineer/GeologisVEnvironmental Scientist 60 hours @ $148.00 Ihour
Inclinometer Usage 400 hours @ $32.00 Ihour
Senior Staff Engineer/GeologisVEnvironmental Scientist 800 hours @ $128.00 Ihour
Subtotal
$4,620.00
$8,880.00
$12,800.00
$102,400.00
$128,700.00
FIELD SERVICES (EARTHWORK)
Principal Engineer/GeologisVEnvironmental Scientist 12 hours @ $154.00 Ihour $1,848.00
Senior Engineer/GeologisVEnvironmental Scientist 40 hours @ $148.00 Ihour $5,920.00
Geologic Mapping
Senior Staff Engineer/GeologisVEnvironmental Scientist 96 hours @ $128.00 Ihour $12,288.00
Earthwork and Trench Backfill
Field/Laboratory Technician 296 hours @ $79.00 Ihour $23,384.00
Field Vehicle Usage 444 hours @ $10.00 /hour $4,440.00
Subtotal $47,880.00
FIELD SERVICES (CIDH AND TIE-BACK ANCHORS)
Principal Engineer/GeologisVEnvironmental Scientist 6 hours @ $154.00 /hour $924.00
Senior Engineer/GeologisVEnvironmental Scientist 12 hours @ $148.00 /hour $1,776.00
Geologic Mapping
Senior Staff Engineer/GeologisVEnvironmental Scientist 80 hours @ $128.00 /hour $10,240.00
Tie-Back Inspections
Field/Laboratory Technician 80 hours @ $79.00 /hour $6,320.00
Field Vehicle Usage 178 hours @ $10.00 /hour $1,780.00
Subtotal $21,040.00
FIELD SERVICES (CONCRETE SAMPLING)
Field/Laboratory Technician
Field Vehicle Usage
208342001 PJ Fce·re....2 xis
C8
Subtotal
1 of2
80 hours @ $79.00
80 hours @ $10.00
/hour $6,320.00
/hour....:$c--8;:.:0~0~.0~0~
$7,120.00
ATTACHMENT 5-60
San Ramon Canyon Storm Drain System
Rancho Palos Verdes,California
TABLE 1·BREAKDOWN OF ESTIMATED FEE
October 3,2012
Project No.208342001
LABORATORY TESTING
Chloride and Sulfate Content,CT 417 &CT 422 8 tests @ $135.00 /test $1,080.00
pH and Resistivity,CT 643 8 tests @ $140.00 /test $1,120.00
Proctor Density - D 1557 & D 698,CT 216 &AASHTO T-8 tests @ $180.00 /test $1,440.00180(Rock corrections add $80)
Sand Equivalent,D 2419,CT 217 4 tests @ $90.00 /test $360.00
Compression Strength Test,C39 80 tests @ $22.00 /test $1,760.00
Subtotal $5,760.00
REPORT PREPARATION
Principal Engineer/Geologist/Environmental Scientist
Senior Engineer/Geologist/Environmental Scientist
Senior Staff Engineer/Geologist/Environmental Scientist
Technical Illustrator/CAD Operator
Data Processing,Technical Editing,or Reproduction
Subtotal
TOTAL ESTIMATED FEE
8 hours @ $154.00 /hour $1,232.00
16 hours @ $148.00 /hour $2,368.00
40 hours @ $128.00 /hour $5,120.00
40 hours @ $78.00 /hour $3,120.00
40 hours @ $58.00 /hour $2,320.00
$14,160.00
$246,596.00 I
208342001 ?3 Fee-rev2 xis
C.20f2
ATTACHMENT 5-61
San Ramon Canyon Storm Drain System
Rancho Palos Verdes,California
SCHEDULE OF FEES
HOURLY CHARGES FOR PERSONNEL
October 3,2012
Project No.208342001
Principal Engineer/Geologist/Environmental Scientist "$154
Senior Engineer/Geologist/Environmental Scientist..$148
Senior Project Engineer/Geologist/Environmental Scientist $145
Project Engineer/Geologist/Environmental Scientist.$142
Senior Slaff Engineer/GeologisUEnvironmental Scientist $128
Staff Engineer/GeologisUEnvironmental Scientist.$120
GIS Analyst $120
Field Operations Manager $95
Supervisory Technician $86
Nondestructive Examination Technician,UT,MT,LP $85
Senior FieldlLaboratory Technician..$79
FieldlLaboratory Technician $79
ACI Concrete Technician $79
Concrele/Asphalt Balch Plant Inspector $79
Special Inspector (Concrete,Masonry,Steel,Welding,and Fireproofing)$79
Technicallllustrator/CAD Operalor $78
GeolechnicaVEnvironmentaVLaboratory Assistant $66
Information Specialist..$66
Data Processing,Technical Editing,or Reproduction $58
OTHER CHARGES
Expert Witness Testimony..............$400 thr
Concrele Coring Equipment (inciudes one technician).$160/hr
PID/FID Usage............................................................................$120/day
Anchor load tesl equipmenl (inciudes technician)$89 thr
Hand Auger Equipmenl..$55 tday
Inclinometer Usage $32 /hr
Vapor Emission Kits $30 /kit
Level D Personal Prolective Equipment (per person per day)$25/p1d
Rebar Locator (Pachomeler)$22 /hr
Nuclear Density Gauge Usage $12/hr
Field Vehicie Usage $10/hr
Direct Project Expenses.......................................................................................................................Cost plus 15 0/0
Laboratory testing.geophysical equipment.and other special equipmenl provided upon request.
NOTES (Field Services)
For field and laboratory technicians and special inspectors,regular hourly rates are charged during normal weekday
construction hours.Overtime rates at 1.5 times the regUlar rates will be charged for work performed outside normal con-
struction hours and all day on Saturdays.Rates at twice the regUlar rates will be charged for all work in excess of 12
hours in one day or on Sundays and holidays.Lead time for any requested service is 24 hours.Field Technician rates
are based on a 4-hour minimum.Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-
hour minimum for hours exceeding 4 hours.Field personnel are charged portal to portal.
INVOICES
Invoices will be submitted monthly and are due upon receipt.A service charge of 1.0 percent per monlh may be charged
on accounts not paid within 30 days.
TERMS AND CONDITIONS
The terms and conditions of proViding our consulting services include our limitation of liability and indemnities as pre-
sented in Ninyo &Moore's Work Aulhorization and Agreement.
208342001 P3·rev 2.doc
ATTACHMENT 5-62
San Ramon Canyon storm Drain System
Rancho Palos Verdes,Califomia
October 3,2012
Project No.208342001
SCHEDULE OF FEES FOR LABORATORY TESTING
Laboratory Test,Test Designation,and Price Per Test
70
55
35
35
100
120
140
130
130
'SO
275
55
390
90
'OS
lOS
160
75
85
55
SO
'20
95
'40
'20
SO
2,200
'SO
2'5
'00
'95
215
120
165
90
. $
. $
Aggregates
Absorption.Coarse,C 127 $
Absorption.Fine,C 128....$
Clay Lumps and Friable Particles,C 142...$
Oeanness Value.CT 227 $
Crushed Particles,CT 205.....$
Durability.Coarse,CT 229........ S
Durability,Fine,CT 229..$
Los Angeles Abrasion,C 131 or C 535....$
Mortar making properties of fine aggregate,C 87 ..$
Organic Impurities,C 40 $
Potential Reactivity of Aggregate (Chemk::al Melhocl),C 289 $
Sand Equivalent,CT 217 .$
Sieve Anatysis.Coarse Aggregate,C 136 $
Sieve Analysis,Fine Aggregate (irduding wash),C 136 .$
Sodium Sulfate Soundness (per size fraction),C 68 $
Specific:Gravity.Coarse,C 127 $
Specific Gravity.FlIle,C 128 $
Asphalt Concrete
Asphalt Mix Design,CalLrans...$
Asphalt Mix Design Review,Job Spec .$
Extraction,%Asphalt.including Gradation,D 2172,CT 310 $
Film Stripping,CT 302............$
Hveem Stability and Unit Weight CTM or ASTM.CT 366.....$
Marshall Stability,Flow and Unit Weight,T-245 $
Maximum Theoretical Unit Weight,D 2041 $
Swell,CT 305..$
UnitWeighl sample or core,0 2726,CT 308 $
Concrete
Cement Analysis Chemical and Physical,C 109........$1.650
Compression Tests,6x12 Cylinder,C 39 $22
Concrete Mix Design Review.Job Spec...............$140
Concrete Mix Design,perTnal Balch,6 cy1illCfer,ACI $750
Concrete Cores,Compression (excludes sampling),C 42 ..$55
Drying Shrinkage,C 157 .•.....$250
Flexural Test,C 78...$50
Flexural Test,C 293 $55
Flexural Test,CT 523...$60
GuniteJSholerete,Panels,3 cut cores per panel and test,ACI $250
Jobsite Testing Laboratory Quote
Lightweight Concrete Fill,Compression,C 495 $40
Petrographic Analysis,C 656 $1,100
Splitting Tensile Strength.C 496 ..$80
Reinforcing and Structural Steel
Fireproofing Density Test,UBC 7-6 $
Hardness Test,Rockwell,A-370......S
High Strength Bolt,Nut &Washer Confonnance,sel,A-325 $
MechanicaUy Spliced Reinforcing Tensile Test,ACI........$
Pre-Stress Strand rr 'Wire),A416 .$
Chemical Analysis,A-36,A-615..........$
Reinforcing Tensile or Bend up to No.11,A 615 & A 706 $
Structural Steel Tensile Test:Up to 200,000 Ibs.
(machining extra),A 370 .
Welded Reinforcing Tensile Test:Up to No.11 bars,ACI ...
250
90
110
90
90
800
390
330
190
'40
100
90
'65
500
'90
190
'45
440
'35
275
70
290
2SO
'SO
165
145
145
165
300
190
110
30
39
230
'40
lSO
Roofing
Built·up Roofing,cut-out samples,0 2829...... $
RooflOQ Materials Analysis.0 2829..............$
RooflllQ Tile Absorplion,(sel of 5),UBC 15-5........$
RooflllQ Tile Strength Test (set of 5),UBC 15-5............$
Soils
Atterbefg Limits,0 4318.CT 204 ...$
Ca~fomia Bearing Ratio (caR),0 1883 $
Chloride and Sulfate Content,CT 417 &CT 422 .$
Consolidation,0 2435.CT 219........................................ S
Consolidation -Tme Rate.0 2435,CT 219 .....$
Direct Shear-Remolded,03080.................................$
Direct Shear -UndistUrbed,0 3080 ..$
Durability Index,CT 229............$
Expansion Index,0 4829,UBC 18-2 .$
Expansion Potential (Melhod A).0 4546 $
Expansive Pressure (Method C).0 4546........................•..$
Geofabric Tensile and Elongation Tes~0 4632 $
Hydraulic Conductivity,0 5084 $
Hydrometer Analysis.0 422,CT 203 ................•...$
Moisture.Ash,&Organic Matter of PeaVOrganic Soils $
Moisture Only.D 2216.CT 226....$
Moisture and Density,D 2937 .$
Penneability.CH,D 2434,CT 220 ..$
pH and Resistivity,CT 643 ......$
Proctor Density D 1557,D 698,CT 216,&...$
AASHTQ T-180 (Rock corrections add S80)
R-value,D 2844,CT 301 .$
Sand Equivalent,D 2419.CT 217.....$
Sieve Analysis,0 422,CT 202.....$
Sieve Analysis,200 Wash,0 1140,CT202 $
Specific Gravity,0 854 $
Thermal Resistivity (ASTM 5334,IEEE 442)$
Triaxial Shear,C.D,0 4767,T 297 $
Triaxial Shear,C.U.,w/pore pressure,04767,T 2297 per pl..S
Triaxial Shear.C.U ..wlo IXlre pressure,04767,T 2297 per pt..$
Triaxial Shear.U.U.,0 2850 ..$
Unconfined Compression,0 2166,T 208....$
Wax Oensity,0 1188 $
Masonry
Brick Absorption,24-hour submersion,C 67 $45
Brick Absorption,5-hour boiling.C 67 .....$55
Brick Absorption,7-day,C 67......$60
Brick Compression Test,C 67 $45
Brick Efflorescence,C 67 .$45
Brick Modulus 0(Rupture.C 67 . S 40
Brick Moisture as received,C 67 $35
Brick Saturaoon Coefficient,C 67 $50
Concrete Block Compression Test,8x8x16,C 140....$60
Concrete Block Conformance Package,C 90 $440
Concrete Block Linear Stvinkage,C 426 S 120
Concrete Bock Unil Weight and Absorption,C 140...$55
Cores,Compression or Shear Bond,CA Code $55
Masonry Grout,3x3x6 prism compression,UBC 21-18 $30
Masonry Mortar,2x4 cylinder compression,UBC 21-16 $30
Masonry Prism,half size,compression,UBC 21·17 $110
Special preparation of standard lest specimens will be charged at the technician's hour1y rate.
Ninyo &Moore is accredited to penonn Ihe AASHTQ equivalent of many ASTM test procedures.
208342001 P3.rev 2 doc:
C.
ATTACHMENT 5-63
Attachment D
CITY OF RANCHO PALOS VERDES
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement")is made and entered into this 5th day of March,
2013 by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY")and Harris &Associates,Inc.(hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto
agree as foliows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as foliows:CONSULTANT shali provide design-
related construction assistance services for the CITY's San Ramon Canyon Stormwater
Flood Reduction Project.
1.2 Description of Services
CONSULTANT shali:review technical submittals and respond to
appropriate requests for information related to the civil,structural and landscape design
and provide general consulting services including document interpretation,clarifications
and participate in the evaluation of change orders if required;prepare final electronic as-
built plans of the San Ramon Canyon Stormwater Flood Reduction Project upon
completion of the Project.These services are more fuliy described in CONSULTANT's
Proposal,which is attached hereto as Exhibit "A"and incorporated herein by this
reference.In the event of any conflict between the terms of this Agreement and any
incorporated documents,the terms of this Agreement shali control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY,CONSULTANT
shali perform with due diligence the services requested by the CITY.Time is of the
essence in this Agreement.CONSULTANT shali not be responsible for delay,nor shali
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
Page 1 of 11
R6876-0001 \153521 Ov2.doc Agreement for Professional Services
ATTACHMENT 5-64
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT an amount not to exceed one
hundred and thirteen thousand dollars and no cents ($113,000.00)for services as
described in Article 1.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Harris &Associates,
34 Executive Park,Suite 150
Irvine,CA 92614
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 rates in Exhibit "A"shall be in effect through the end of
this Agreement.
2.5 Term of Agreement
This Agreement shall commence on March 6,2013 and shall terminate
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thirty (30)days after the completion of the San Ramon Canyon Stormwater Flood
Reduction Project,unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification,Hold Harmless,and Duty to Defend
(a)Indemnity for Design Professional Services.In connection with its
design professional services and to the extent ali owed by law,CONSULTANT shali hold
harmless and indemnify CITY,and its officials,officers,employees,agents and
independent contractors serving in the role of CITY officials,and designated volunteers
(coliectively,"Indemnitees"),with respect to any and ali claims,demands,causes of
action,damages,injuries,liabilities,losses,costs or expenses,including reimbursement
of attorneys'fees and costs of defense (coliectively,"Claims"hereinafter),including but
not limited to Claims relating to death or injury to any person and injury to any property,
which arise out of,pertain to,or relate to in whole or in part to the negligence,
recklessness,or willful misconduct of CONSULTANT or any of its officers,employees,
subcontractors,or agents in the performance of its design professional services under
this Agreement.
(b)Other Indemnities.In connection with any and all ciaims,demands,
causes of action,damages,injuries,liabilities,losses,costs or expenses,including
attorneys'fees and costs of defense (collectively,"Damages"hereinafter)not covered
by Section 3.1(a),and to the extent allowed by iaw,CONSULTANT shall defend,hold
harmless and indemnify the Indemnitees with respect to any and all Damages,including
but not limited to,Damages relating to death or injury to any person and injury to any
property,which arise out of,pertain to,or relate to the acts or omissions of
CONSULTANT or any of its officers,employees,subcontractors,or agents in the
performance of this Agreement,except for such loss or damage arising from the soie
negligence or willful misconduct of the CITY,as determined by final arbitration or court
decision or by the agreement of the parties.CONSULTANT shall defend Indemnitees
in any action or actions filed in connection with any such Damages with counsel of
CITY's choice,and shall pay ali costs and expenses,inciuding all attorneys'fees and
experts'costs actualiy incurred in connection with such defense.Consultant's duty to
defend pursuant to this Section 3.1 (b)shali apply independent of any prior,concurrent
or subsequent misconduct,negligent acts,errors or omissions of Indemnitees.
(c)Ali duties of CONSULTANT under Section 3.1 shall survive
termination of this Agreement.
3.2 General Liability
CONSULTANT shali at ali times during the term of the Agreement carry,
maintain,and keep in full force and effect,a poiicy or policies of Commerciai General
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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 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
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written notice to CITY,or ten (10)days notice if cancellation is due to nonpayment of
premium.Additionally,CONSULTANT shall provide immediate notice to the City if it
receives a cancellation or policy revision notice from the insurer.
(b)CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage.CONSULTANT agrees that if it does not keep the 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
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.This Agreement may be
terminated by CONSULTANT only for cause 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
foregoing provisions of this paragraph exceed the amount which would have been paid
to CONSULTANT for the full performance of the services described in this Agreement.
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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.
CONSULTANT warrants and represents that it has secured all necessary
licenses,consents or approvals to use any instrumentality,thing or component as to
which any intellectual property right exists,including computer software,used in the
rendering of the services and the production of all Written Products produced under this
Agreement,and that the CITY has full legal title to and the right to reproduce the Written
Products.CONSULTANT shall defend,indemnify and hold the CITY,and its elected
officials,officers,employees,servants,attorneys,designated volunteers,and agents
serving as independent contractors in the role of CITY officials,harmless from any loss,
claim or liability in any way related to a claim that CITY's use of any of the Written
Products is violating federal,state or local laws,or any contractual provisions,or any
laws relating to trade names,licenses,franchises,copyrights,patents or other means of
protecting intellectual property rights and/or interests in products or inventions.
CONSULTANT shall bear all costs arising from the use of patented,copyrighted,trade
secret or trademarked documents,materials,equipment,devices or processes in
connection with its provision of the services and Written Products produced under this
Agreement.In the event the use of any of the Written Products or other deliverables
hereunder by the CITY is held to constitute an infringement and the use of any of the
same is enjoined,CONSULTANT,at its expense,shall:(a)secure for CITY the right to
continue using the Written Products and other deliverables by suspension of any
injunction,or by procuring a license or licenses for CITY;or (b)modify the Written
Products and other deliverables so that they become non-infringing while remaining in
compliance with the requirements of this Agreement.This covenant shall survive the
termination of this Agreement.
Upon termination,abandonment or suspension of the Project,the
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CONSULTANT shall deliver to the CITY all Written Products and other deliverables
related to the Project without additional cost or expense to the CITY.If CONSULTANT
prepares a document on a computer,CONSULTANT shall provide CITY with said
document both in a printed format and in an electronic format that is acceptable to the
CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee,and CONSULTANT shall notify CITY of CONSULTANT's designated
representative.These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
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 of1992 (42 U.S.C.§11200,et seq.).
6.3 Personnel
CONSUL TANT represents that it has,or shall secure at its own expense,
all personnel required to perform CONSULTANT's services under this Agreement.Any
person who performs engineering services pursuant to this Agreement shall be licensed
as a Civil Engineer by the State of California and in good standing.CONSULTANT
shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who
are assigned to perform the services hereunder and shall obtain the approval of the
Director of Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement,but at all times shall CONSULTANT
be responsible for its associates and subcontractors'services.
6.4 CONSULTANT's Representations
CONSULTANT represents,covenants and agrees that:a)CONSULTANT
is licensed,qualified,and capable of furnishing the labor,materials,and expertise
necessary to perform the services in accordance with the terms and conditions set forth
in this Agreement;b)there are no obligations,commitments,or impediments of any kind
that will limit or prevent CONSULTANT's full performance under this Agreement;c)to
the extent required by the standard of practice,CONSULTANT has investigated and
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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 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
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to,surveyors,specialized consultants,and testing laboratories.CONSULTANT's use of
subcontractors for additional services shall not be unreasonably restricted by the CITY
provided CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain,as to the CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall have control over
the conduct of CONSULTANT or any of the CONSULTANT's employees,except as
herein set forth,and CONSULTANT is free to dispose of all portions of its time and
activities which it is not obligated to devote to the CITY in such a manner and to such
persons,firms,or corporations as the CONSULTANT wishes except as expressly
provided in this Agreement.CONSULTANT shall have no power to incur any debt,
obligation,or liability on behalf of the CITY or otherwise act on behalf of the CITY as an
agent.CONSULTANT shall not,at any time or in any manner,represent that it or any of
its agents,servants or employees,are in any manner agents,servants or employees of
CITY.CONSULTANT agrees to pay all required taxes on amounts paid to
CONSULTANT under this Agreement,and to indemnify and hold the CITY harmless
from any and all taxes,assessments,penalties,and interest asserted against the CITY
by reason of the independent contractor relationship created by this Agreement.
CONSULTANT shall fully comply with the workers'compensation law regarding
CONSULTANT and its employees.CONSULTANT further agrees to indemnify and
hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws.The CITY shall have the right to offset against the amount
of any fees due to CONSULTANT under this Agreement any amount due to the CITY
from CONSULTANT as a result of its failure to promptly pay to the CITY any
reimbursement or indemnification arising under this Article.
6.9 Titles
The titles used in this Agreement are for general reference only and are
not part of the Agreement.
6.10 Entire Agreement
This Agreement,including any other documents incorporated herein by
specific reference,represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations,representations or agreements,
either written or oral.This Agreement may be modified or amended,or provisions or
breach may be waived,only by subsequent written agreement signed by both parties.
6.11 Construction
In the event of any asserted ambiguity in,or dispute regarding the
interpretation of any matter herein,the interpretation of this Agreement shall not be
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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
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:
Les Jones,Interim Public Works Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Randall Berry
Harris &Associates,
34 Executive Park,Suite 150
Irvine,CA 92614
[Signatures on next page.]
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ATTACHMENT 5-73
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:_
Dated:_
ATTEST:
By:_::-;-:------:::----:-_
City Clerk
HARRIS &ASSOCIATES
("CONSULTANT")
By:_
Printed Name:_
Title:_
By:_
Printed Name:_
Title:_
CITY OF RANCHO PALOS VERDES
("CITY")
By:_,....,-_
Mayor
APPROVED AS TO FORM:
By:_::-;-:-----:-:-:--_
City Attorney
R6876-0001\153521 Ov2.doc
Page 11 of 11
Agreement for Professional Services
ATTACHMENT 5-74
Exhibit "A":
Consultant's Proposal,including Schedule of Hourly Rates
Exhibit "A"
R6876-0001\1347726v1.doc
ATTACHMENT 5-75
DO Harris &Associates",
Shaping the Future.One Project at a Time SM
September 6,2012
Mr.Ron Dragoo,PE
Deputy Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes,CA 90275-5391
Subject:San Ramon Cyn Storm Drain Proposal for Bidding /Construction Assistance
DcarRon,
Harris &Associates is pleased to present this proposal to provide assistance during bidding
and construction for the subject San Ramon Canyon Storm Drain project.The Harris Team
presented herein also designed the San Ramon Canyon Drainage Improvement project so it
makes good sense to maximize continuity by staying with the Harris Design Team during the
bidding and construction phases.
The primary anticipated tasks include the following:
Services during Bidding/Construction:
Services during bidding and construction will generally include,but are not linlited to,the
following:
•Attend the pre-bidding meeting.
•Attend the pre-construction meeting.
•Attend other meetings as required by the construction manager.
•Provide consultation during bidding and construction,including request for information,
construction document interpretation,clarifications,and review of material submittals,
shop drawings and Change Orders,if any,as required.Includes the design disciplines:
•Civil (Harris &Associates)led by Randall Berry,PE
•Structural (Ficcadenti,Waggoner &Castle)led by Mark Schroeder,SE
•Landscape/irrigation (BorthWick,Guy &Bettenhausen)led by Art Guy,ASLA
•Environmental feedback /support (SFC Consulting)led by Saundra Jacobs,REA
•Remain "on-call"to provide field interpretations and reviews as requested
•Perform a final job walk to check for completion of project per the plans and assist in the
preparation of a "punch list"of remaining items of work for the contractor.
•Prepare electronic "As-Built"record drawings of plans using city's provided construction
plans that document any revisions made during construction.
34 Executive Park.Suite ISO Irvine.CA 92614-4705 949.655.3900 f.9~9.65S.3995 irvine~harris·assoc.com
ATTACHMENT 5-76
Mr.Ron Dragoo,PE
San Ramon Cyn SO Proposal Assist During Bid/Canst
Assumptions:
Page2 of2
September 6,2012
The proposed fees are based on the following assumptions:
•San Ramon Cyn Storm Drain Engineer's opinion ofprobabJe Cost =$16 million +/-
•Number of Working days =250 working days (equates to approximatcly I-year)
•City staff (or their representative)will organize pre-bid and pre-construction meetings,
advertise for bids,print and issue bid documents for bidding,collect and evaluate bids
(all with as-needed assistance from the Harris Team).
•City staff (or their representative)will provide the construction management and
inspection required for the projcct (with as-needed assistance from the Harris Team).
•Our services do not include a pre-construction survey of the structures and existing
improvements in the vicinity of the project,since this is required of the contractor who
will be responsible for repairing any related damage claims.
•Our services do not include geotechnical assistance and testing during bidding and
construction.
•Our services do not include a construction survey /staking,since the since this is
required of the contractor
Harris proposes Lo provide the services as dctailed above for the hourly not-to-exceed "time
and materials"fee presented below.Our services will be completed per our existing contract
with the City with all of the same terms and conditions therein.
Harris &Associates -Civil Assistance (hours =500 +/-)S
Ficcadenti,Waggoner &Castle -Structural Assistance (+10%mark up)$
BGB Landscaping and Irrigation Assistance (+10%mark up)$
SI'C Consulting EnvilOlllnenLal Assistance ("!"16'7&llI<nk up)$
80,000
17,600
15,400
5,566
HOURLY NOT-TO-EXCEED TOTAL =$118,566
113 0ot>J
Harris &Associates'effort during this bidding and construction phase is limited to the
number of hours estimated in this proposal.
We appreciate opportunity to be of continued service to the City of Rancho Palos Verdes.
Should you have any questions or wish to discuss any part of this proposal,pleasc feel free to
call me at 949-655-3900,extension 2314.
Sincerely,
Harris &Associates
~~&
Randall G.Berry,PE ~
Design Manager /Associate
t::.n::iJHarris &ASSOr1:thu;
ATTACHMENT 5-77
Attachment E
CITY OF RANCHO PALOS VERDES
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement")is made and entered into this 5th day of March,
2013 by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY")and SFC Consultants Associates,Inc.(hereafter referred to as
"CONSULTANT'').
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto
agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The project (hereinafter "Project")is described as follows:CONSULTANT
shall provide environmental related services for the CITY's San Ramon Canyon
Stormwater Flood Reduction Project,in accordance with requirements of the Resource
Agency Permits granted to the City of Rancho Palos Verdes,Permit Numbers SPL-
2011-01140-SLP,7011 2970 0000 0645 0174 and 1600-1600-2011-0379-R5
1.2 Description of Services
CONSULTANT shall:produce and submit all pre-construction
documentation and notifications required for construction commencement approval,
conduct a pre-construction nesting survey and report the findings as required to the
appropriate agencies;review the Contractor's biologist's work plan for compliance
before commencement of work;review all work plans in terms with the permit
requirements;monitor all specific activities required by the permits,such as protective
measures for sensitive vegetation,the planting of the native plants in accordance with
the agreed pallet and Native American monitoring;verify for all compliance
requirements upon completion of the San Ramon Canyon Stormwater Flood Reduction
Project,including landscape mitigation adequacy,beach restoration,restoration of
conservation measures in disturbed areas and the preparation and submittal of reports
to each of the required agencies and the submittal of as-built plans;annual inspections
of the mitigated measures will be conducted and reports submitted for 5-years after the
completion of the San Ramon Canyon Stormwater Flood Reduction Project;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.In the event of
any conflict between the terms of this Agreement and any incorporated documents,the
terms of this Agreement shall control.
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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
2.1 Fee
CITY agrees to compensate CONSULTANT an amount not to exceed one
hundred and seventeen thousand three hundred dollars and no cents ($117,300.00)for
services as described in Article 1.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Saundra Jacobs
65 Post,Suite 1000
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.
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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 rates in Exhibit "A"shall be in effect through the end of
this Agreement.
2.5 Term of Agreement
This Agreement shall commence on March 6,2013 and shall terminate on
April 30,2015 unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification,Hold Harmless.and Duty to Defend
(a)Indemnity for Design Professional Services.In connection with its
design professional services and to the extent allowed by law,CONSULTANT shall hold
harmless and indemnify CITY,and its officials,officers,employees,agents and
independent contractors serving in the role of CITY officials,and designated volunteers
(collectively,"Indemnitees"),with respect to any and all claims,demands,causes of
action,damages,injuries,liabilities,losses,costs or expenses,including reimbursement
of attorneys'fees and costs of defense (collectively,"Claims"hereinafter),including but
not limited to Claims relating to death or injury to any person and injury to any property,
which arise out of,pertain to,or relate to in whole or in part to the negligence,
recklessness,or willful misconduct of CONSULTANT or any of its officers,employees,
subcontractors,or agents in the performance of its design professional services under
this Agreement.
(b)Other Indemnities.In connection with any and all claims,demands,
causes of action,damages,injuries,liabilities,losses,costs or expenses,including
attorneys'fees and costs of defense (collectively,"Damages"hereinafter)not covered
by Section 3.1(a),and to the extent allowed by law,CONSULTANT shall defend,hold
harmless and indemnify the Indemnitees with respect to any and all Damages,including
but not limited to,Damages relating to death or injury to any person and injury to any
property,which arise out of,pertain to,or relate to the acts or omissions of
CONSULTANT or any of its officers,employees,subcontractors,or agents in the
performance of this Agreement,except for such loss or damage arising from the sole
negligence or willful misconduct of the CITY,as determined by final arbitration or court
decision or by the agreement of the parties.CONSULTANT shall defend Indemnitees
in any action or actions filed in connection with any such Damages with counsel of
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ATTACHMENT 5-80
CITY's choice,and shall pay all costs and expenses,including all attorneys'fees and
experts'costs actually incurred in connection with such defense.Consultant's duty to
defend pursuant to this Section 3.1 (b)shall apply independent of any prior,concurrent
or subsequent misconduct,negligent acts,errors or omissions of Indemnitees.
(c)All duties of CONSULTANT under Section 3.1 shall survive
termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain,and keep in full force and effect,a policy or policies of Commercial General
Liability Insurance,with minimum limits of one million dollars ($1,000,000)for each
occurrence and two million dollars ($2,000,000)general aggregate for bodily injury,
death,loss or property damage for products or completed operations and any and all
other activities undertaken by CONSULTANT in the performance of this Agreement.
Said policy or policies shall be issued by an insurer admitted to do business in the State
of California and rated in A.M.Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement,carry,
maintain,and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000)per claim and
aggregate for errors and/or omissions of CONSULTANT in the performance of this
Agreement.Said policy or policies shall be issued by an insurer admitted to do business
in the State of California and rated in Best's Insurance Guide with a rating of A:VII or
better.If a "claims made"policy is provided,such policy shall be maintained in effect
from the date of performance of work or services on the CITY's behalf until three (3)
years after the date of work or services are accepted as completed.Coverage for the
post-completion period may be provided by renewal or replacement of the policy for
each of the three (3)years or by a three-year extended reporting period endorsement,
which reinstates all limits for the extended reporting period.If any such policy and/or
policies have a retroactive date,that date shall be no later than the date of first
performance of work or services on behalf of the CITY.Renewal or replacement
policies shall not allow for any advancement of such retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain,and keep in full force and effect,a policy or policies of Automobile Liability
Insurance,with minimum of one million dollars ($1,000,000)per claim and occurrence
and two million dollars ($2,000,000)in the aggregate for bodily injuries or death of one
person and five hundred thousand dollars ($500,000)for property damage arising from
one incident.
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ATTACHMENT 5-81
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.Additionally,CONSULTANT shall provide immediate notice to the City if it
receives a cancellation or policy revision notice from the insurer.
(b)CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage.CONSULTANT agrees that if it does not keep the 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
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.This Agreement may be
terminated by CONSULTANT only for cause upon ninety (90)days prior written notice.
Notice shall be deemed served if completed in compliance with Section 6.14.
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ATTACHMENT 5-82
(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
foregoing provisions of this paragraph exceed the amount which would have been paid
to CONSULTANT for the full performance of the services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents,plans,specifications,reports,information,data,exhibits,
photographs,images,video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products")shall be and remain the property of the
CITY without restriction or limitation upon its use,duplication or dissemination by the
CITY.All Written Products shall be considered "works made for hire,"and all Written
Products and any and all intellectual property rights arising from their creation,
including,but not limited to,all copyrights and other proprietary rights,shall be and
remain the property of the CITY without restriction or limitation upon their use,
duplication or dissemination by the CITY.CONSULTANT shall not obtain or attempt to
obtain copyright protection as to any Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the
CITY pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses,consents or approvals to use any instrumentality,thing or component as to
which any intellectual property right exists,including computer software,used in the
rendering of the services and the production of all Written Products produced under this
Agreement,and that the CITY has full legal title to and the right to reproduce the Written
Products.CONSULTANT shall defend,indemnify and hold the CITY,and its elected
officials,officers,employees,servants,attorneys,designated volunteers,and agents
serving as independent contractors in the role of CITY officials,harmless from any loss,
claim or liability in any way related to a claim that CITY's use of any of the Written
Products is violating federal,state or local laws,or any contractual provisions,or any
laws relating to trade names,licenses,franchises,copyrights,patents or other means of
protecting intellectual property rights and/or interests in products or inventions.
CONSULTANT shall bear all costs arising from the use of patented,copyrighted,trade
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ATTACHMENT 5-83
secret or trademarked documents,materials,equipment,devices or processes in
connection with its provision of the services and Written Products produced under this
Agreement.In the event the use of any of the Written Products or other deliverables
hereunder by the CITY is held to constitute an infringement and the use of any of the
same is enjoined,CONSULTANT,at its expense,shall:(a)secure for CITY the right to
continue using the Written Products and other deliverables by suspension of any
injunction,or by procuring a license or licenses for CITY;or (b)modify the Written
Products and other deliverables so that they become non-infringing while remaining in
compliance with the requirements of this Agreement.This covenant shall survive the
termination of this Agreement.
Upon termination,abandonment or suspension of the Project,the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables
related to the Project without additional cost or expense to the CITY.If CONSULTANT
prepares a document on a computer,CONSULTANT shall provide CITY with said
document both in a printed format and in an electronic format that is acceptable to the
CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee,and CONSULTANT shall notify CITY of CONSULTANT's designated
representative.These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunitv Acts
In the performance of this Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48),the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C.200e-217),and the Americans with Disabilities
Act of 1992 (42 U.S.C.§11200,et seq.).
6.3 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,
all personnel required to perform CONSULTANT's services under this Agreement.Any
person who performs engineering services pursuant to this Agreement shall be licensed
as a Civil Engineer by the State of California and in good standing.CONSULTANT
shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who
are assigned to perform the services hereunder and shall obtain the approval of the
Director of Public Works of all proposed staff members who will perform such services.
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ATTACHMENT 5-84
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement,but at all times shall CONSULTANT
be responsible for its associates and subcontractors'services.
6.4 CONSULTANT's Representations
CONSULTANT represents,covenants and agrees that:a)CONSULTANT
is licensed,qualified,and capable of furnishing the labor,materials,and expertise
necessary to perform the services in accordance with the terms and conditions set forth
in this Agreement;b)there are no obligations,commitments,or impediments of any kind
that will limit or prevent CONSULTANT's full performance under this Agreement;c)to
the extent required by the standard of practice,CONSULTANT has investigated and
considered the scope of services performed,has carefully considered how the services
should be performed,and understands the facilities,difficulties and restrictions
attending performance of the services under this Agreement.
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12)months after completion of the
work under this Agreement which is or may likely make CONSULTANT "financially
interested"(as provided in California Government Code Sections 1090 and 87100)in
any decisions made by CITY on any matter in connection with which CONSULTANT
has been retained pursuant to this Agreement.
6.6 Legal Action
(a)Should either party to this Agreement bring legal action against the
other,the validity,interpretation,and performance of this Agreement shall be controlled
by and construed under the laws of the State of California,excluding California's choice
of law rules.Venue for any such action relating to this Agreement shall be in the Los
Angeles County Superior Court.
(b)If any legal action or other proceeding,including action for
declaratory relief,is brought for the enforcement of this Agreement or because of an
alleged dispute,breach,default or misrepresentation in connection with this Agreement,
the prevailing party shall be entitled to recover reasonable attorneys'fees,experts'fees,
and other costs,in addition to any other relief to which the party may be entitled.
(c)Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent,CITY shall compensate CONSULTANT
for its testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
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ATTACHMENT 5-85
6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY.Any such purported
assignment without written consent shall be null and void,and CONSULTANT shall hold
harmless,defend and indemnify the CITY and its officers,officials,employees,agents
and representatives with respect to any claim,demand or action arising from any
unauthorized assignment.
Notwithstanding the above,CONSULTANT may use the services of
persons and entities not in CONSULTANT's direct employ,when it is appropriate and
customary to do so.Such persons and entities include,but are not necessarily limited
to,surveyors,specialized consultants,and testing laboratories.CONSULTANT's use of
subcontractors for additional services shall not be unreasonably restricted by the CITY
provided CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain,as to the CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall have control over
the conduct of CONSULTANT or any of the CONSULTANT's employees,except as
herein set forth,and CONSULTANT is free to dispose of all portions of its time and
activities which it is not obligated to devote to the CITY in such a manner and to such
persons,firms,or corporations as the CONSULTANT wishes except as expressly
provided in this Agreement.CONSULTANT shall have no power to incur any debt,
obligation,or liability on behalf of the CITY or otherwise act on behalf of the CITY as an
agent.CONSULTANT shall not,at any time or in any manner,represent that it or any of
its agents,servants or employees,are in any manner agents,servants or employees of
CITY.CONSULTANT agrees to pay all required taxes on amounts paid to
CONSULTANT under this Agreement,and to indemnify and hold the CITY harmless
from any and all taxes,assessments,penalties,and interest asserted against the CITY
by reason of the independent contractor relationship created by this Agreement.
CONSULTANT shall fully comply with the workers'compensation law regarding
CONSULTANT and its employees.CONSULTANT further agrees to indemnify and
hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws.The CITY shall have the right to offset against the amount
of any fees due to CONSULTANT under this Agreement any amount due to the CITY
from CONSULTANT as a result of its failure to promptly pay to the CITY any
reimbursement or indemnification arising under this Article.
The titles used in this Agreement are for general reference only and are
not part of the Agreement.
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ATTACHMENT 5-86
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
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:
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ATTACHMENT 5-87
To CITY:
Les Jones,Interim Public Works Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Saundra Jacobs
65 Post,Suite 1000
Irvine,CA 92618
[Signatures on next page.]
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ATTACHMENT 5-88
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:_
Dated:_
ATIEST:
City Clerk
SFC CONSULTANTS
("CONSULTANT")
By:_
Printed Name:_
Title:_
By:_
Printed Name:_
Title:_
CITY OF RANCHO PALOS VERDES
("CITY")
By:_
Mayor
APPROVED AS TO FORM:
By:_--,--,,-----,-,_
City Attorney
R6876-0001\1535235v2.doc
Page 12 of 12
Agreement for Professional Services
ATTACHMENT 5-89
Exhibit "A":
Consultant's Proposal,including Schedule of Hourly Rates
Exhibit "A"
R6876-0001\1347726v1.doc
ATTACHMENT 5-90
Introduction
The City of Rancho Palos Verdes,as Lead Agency for the San Ramon Stonn Drain Tunnel
Project (Project)CEQA documentation has adopted a mitigation monitoring and reporting
program pursuant to Section 21081.6 of the Public Resources Code,California Environmental
Quality Statutes.The purpose of the program is to ensure compliance with the required
mitigation measures or project revisions during project implementation.Under Section 21081.6,
the City has adopted as conditions of approval,the approved mitigation measures.
The City is also in receipt of approved permits from the following State and Federal Agencies
for the Project.
•Dept.of the Army,Los Angeles District,Corps of Engineers,Nationwide Pennit
Verification:SPL-2001-01140-SLP,Dec.3,2012.
•California Natural Resource Agency,Department ofFish and Game,Final Lake or
Streambed Alteration Agreement Notification No.:1600-1600-2011-0379-R5,May 18,
2012.
•California Water Boards,Los Angeles Regional Water Quality Control Board,Water
Quality Certification:File #11-201,July 2,2012.
Project Location
San Ramon Canyon,north and south ofW.25lh Street/Palos Verdes Drive East,in the City of
Rancho Palos Verdes,Los Angeles County,California.
Project Description
The project undertaking would include a new mid-canyon storm drain inlet structure and tunnel
alignment north ofW.25'10 Street that would ~ravity flow through the tunnel to a cut and covered
section of buried pipe located south ofW.25'Street,and transition into a second tunnel to a
new outlet structure at the base of the bluff.Total stonn drain alignment is approximately 4,200
lineal feet of 54-inch diameter pipe from inlet to outlet.Total tributary area draining into the
new storm drain would be 123.7 acres.The existing 48"stonn drain below W.25 th Street that is
witllin the City of Los Angeles would remain in place and serve as backup as necessary.No
improvements or cleaning are proposed to the existing stonn drain system,which is located in
the City of Los Angeles.
Scope of Work
The scope of work listed below has been outlined for the three different phases of the project:
pre-construction,construction and post-construction.The hours listed for each phase as listed in
the attached pricing matrix are time and materials,and should be considered not-to-exceed totals.
General Contractor (Contractor)will administer regulatory permit requirements not outlined
below.
II··f •••
2
City of Rancho Palos Verdes
San Ramon Canyon Stann Drain
Mitigation Implementation Plan
ATTACHMENT 5-91
PRE-CONSTRUCTION
1)Pre-construction noti fications to regulatory agencies.
a.Provide written notification of pending construction start to all regulatory
agencies.
i.Letter report
11.Pennits
111.Approved drawings
b.Follow up with each regulatory agency for adequacy of project plans and
construction commencement approval.
2)Pre-construction nesting bird survey
a.Conduct initial 2-day nesting survey.Detennine high priority areas.Initiate
weekly visit schedule per CDFG requirement for regular monitoring for 30-days
prior to disturbance.
b.Final survey no more than 5-day prior to the start of construction.
c.Report of findings.
d.Pre-construction color photos.
e.Submittal to regulatory agencies.
3)Review Contractors biologists work plan.
a.Review of BMPs in canyon and shore line for compliance.
b.Review of Landscape Establishment Confonnance Mitigation Plan for
compliance
c.Review of Surface Water Diversion Plan for compliance and submit to
LARWQCB prior to any surface water diversions,if any.
CONSTRUCTION
4)Third parly review of general contractor's biologist,by SFC's biologist during clearing
and grubbing and significant earth moving activity.Activities will include,but are not
limited to:
a.Minimal "over-the-shoulder"review in the field.Summarize adequacy for City
via soft copy report or email.
b.Desk review and comments on adequacy of Contractor's biologists reports.
Summarize adequacy for City via soft copy report or email.
c.Attend Contractor's biologist pre-project briefing.Summarize adequacy for City
via soft copy report or email.
d.Review Contractor's biologists Education Brochure.Summarize adequacy for
City via soft copy report or email.
e.Verify compliance with protective measures by Contractors biologist.Summarize
adequacy for City via soft copy report or email.
f.Verify supplemental watering by Contractors biologist.Summarize adequacy for
City via soft copy report or email.
g.Verify grass seed mix has been approved by DFG.Summarize adequacy for City
via soft copy report or email.
h.Verify specialist to retrieve and replant any sensitive plant species that may be
impacted prior to drilling through bluff.Summarize adequacy for City via soft
II°oPY report o"m.;[,'".,,__'"'"'"~
",'.'0 S~~t~g~~~~~~~fe~~e~~~:nD;~~~
ATTACHMENT 5-92
5)Limited third party oversight of restoration planting activity.
a.Summarize adequacy for City via soft copy report or email.
6)Native American monitoring during clearing and grubbing in the canyon and significant
earth moving activity.Estimated 4 to 12 weeks.
a.Provide to the City a monitoring report.
b.Submit monitoring reports to appropriate regulatory agencies.
POST-CONSTRUCTION
7)Post construction review and documentation of restoration activity as outlined in
CDFG permit.
a.Verify compliance with Landscape Establishment Conformance Mitigation Plan
b.Verify conservation easement to new mitigation area.
c.Recommend additional restoration as needed to comply with pennits.
d.Verify temporary impact areas for access have been restored and revegetated.
e.Provide report summarizing adequacy of restoration activity.
8)Post construction coordination with regulatory agencies as outlined in permits.
a.Prepare and submit Post-project implementation memorandum to resource
agencIes.
i.Dates work within waters of US initiated and completed.
ii.SU111l11ary of compliance status with each special condition of permit
(including non-compliance),and/or recommendations to comply.
111.Color photos (including map of photo points)of project site before and
after construction of those aspects directly associated with pennanent
impact to waters of the US.
iv.Submit "as-built"drawings.
b.Certification of Compliance with Regulatory agencies.
c.Verification of other mitigation measures outlined in Final CEQA MND.
i.Outlet structure.
ii.Trail switch back/passive park.
9)On Call Environmental Services.
a.As needed.
LONG TERM ANNUAL REMEDIATION REVIEW
10)Five-year annual remediation review,documentation and distribution to
regulatory agencies.Annual review to include:
a.Color photo documentation of pre-and post-project and mitigation conditions.
b.GPS coordinate outlining boundary of project and mitigation area.
c.Overall status of project including detailed schedule of work.
d.Water quality monitoring results (as required).
e.Certified Statement of "no net loss"of wetlands associated with this project.
f.Discussion of monitoring activities and exotic plant control efforts.
g.Certified Statement from pennitee that all conditions of penn it Certification have
been met.
II··...:
4
City of Rancho Palos Verdes
San Ramon Canyon Stann Drain
Mitigation Implementation Plan
ATTACHMENT 5-93
COST MATRIX
"".-J"..--.-----------,-..-~r,·-:~~"f.').....i'~~-.....:~'R:ltclbour -..\~l,'~"-..
{;"',•./._l \unless t .;.\~I'",~TllSk ~~Delotripllon tlours I J I I TOIaI i f Summa~.•<lIlrr\\se'•~",:~'';':1''''~..., "'.I nolrd ti .,r,I .l -fr:."~~:;o)~oo ,'~L.~'___-......_~.::..~__.~__._~..-:~._1:"'..I;'./J"!...,-.j~~iW -"'~~J.
PRE-€ONSTRUCTIQN
1 PRE·CONSTRUCTION NOTIFICATION 40 S105 4200
2 Includes 2 day nesling survey
PRE·CONSTRUCTION BIRD NESTING SURVEY and REGULAR and once weekly survey for
MONITORING 30-DAYS PRIOR TO DISTURBANCE.48 5125 6000 3D-days nnor \0 disturbance.
3 REVIEW OF WORK PLAN 10 Sl05 1050
C0NSTRUC'TIO'N
Assuming 8 weeks oflimitcd
4 activity over a 4 monlh
THIRD PARTY REVlEW DURING CONSTRUCTION 320 5125 40000 period.,TIIIRD PARTY QVERSITE OF RESTORATION PLANTING ACTIVITY 40 SllS '000
Assuming 8 weeks oflimitcd
6 activity ovcr a.4 month
NATIVE AMERICAN MONITORING 40 days SJ15/d3 15000 'riod.
POS'T-CONS'fROCTfON
7 POST CONSTRUCTION REVIEW AND DOCUMENATION 40 SIOS 4200
8 POST CONSTRUCT10N COORDINATION WITH REGULATORY
AGENCIES 20 SIOS 2100
9 ON CALL ENVIRONMENTAL SERIVCES SI50 SI2S S18.750 As needed.
"LONG TERM REVIEW
10 Includes I annual report per
S-YEAR ANNUAL REVIEW 200 SlOS 21000 car for 5 vcntS.
117300
II··...:
5
City of Rancho Palos Verdes
San Ramon Canyon Stann Drain
Mitigation Implementation Plan
ATTACHMENT 5-94
Attachment F
RESOLUTION NO.2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES,AMENDING RESOLUTION 2012-43,THE BUDGET
APPROPRIATION FOR FISCAL YEAR 2012-13,FOR A BUDGET
ADJUSTMENT TO THE CITY'S CAPITAL IMPROVEMENT PROJECTS
FUND AND WATER QUALITY FLOOD PROTECTION FUND
WHEREAS,Section 3.32 of the Rancho Palos Verdes Municipal Code provides
that all expenditures in excess of budgeted allocations must be by supplemental
appropriation of the City Council;and
WHEREAS,on June 19,2012,the City Council of the City of Rancho Palos
Verdes adopted Resolution 2012-43,approving a spending plan and authorizing a
budget appropriation for the 2012-13 fiscal year;and
WHEREAS,it is necessary for the City to allocate additional funds to provide
adequate funding for the San Ramon Canyon Stormwater Flood Reduction Project
within the San Ramon Canyon;and
WHEREAS,budget adjustments in the Capital Improvement Projects Fund and
Water Quality and Flood Protection Fund are necessary to authorize the
expenditure of additional funds for a storm drain construction project;
BE IT,THEREFORE,RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES:
The following adjustments be made to the FY12-13 budget:
CIP Fund Transfers Out
WQFP Fund Transfers In
WQFP Grant Revenue
WQFP Improvements
330-3030-491-91-00
501-3052-391-10-00
501-3052-334-10-00
501-3052 -431-73-00
$8,293,009,
$8,293,009
$9,464,727
$17,757,736
PASSED,APPROVED,and ADOPTED this 5th day of March,2013.
MAYOR
ATTEST:
CITY CLERK
ATTACHMENT 5-95
Resolution No.2013-
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I,Carla Morreale,City Clerk of The City of Rancho Palos Verdes,hereby certify
that the above Resolution No.2013-was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof held on March 5,2013.
CITY CLERK
CITY OF RANCHO PALOS VERDES
ATTACHMENT 5-96