RPVCCA_CC_SR_2013_06_04_L_Water_Efficient_Landscape_Service_RenewalCrrYOF
MEMORANDUM
TO:
FROM:
DATE:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
JOEL ROJAS, COMMUNITY DEVELOPM~R
JUNE 4, 2013
SUBJECT: RENEWAL OF ON-CALL PLAN CHECK SERVICES FOR WATER
EFFICIENT LANDSCAPE PLANS
REVIEWED: CAROLYN LEHR, CITY MANAGER ~
Project Manager: Leza Mikhail, Associate Plann~
RECOMMENDATION
Authorize the Mayor and City Clerk to extend a professional service agreement with Wildan
Engineering to provide on-call professional plan check services to review Landscape Document
packages as required by the State of California and the City's Water Efficient Landscape
Ordinance (Chapter 15.34 of the RPVMC) on an as-needed basis to the City for an additional 2
years, through June 30, 2015.
BACKGROUND
In December 2009, the City Council adopted Ordinance No. 504, which amended Municipal
Code Section 15.34 and implemented the State's requirements under the Water
Conservation in Landscape Act (AB 1881 ). The ordinance requires applicants of certain
development projects to submit a landscape plan that is consistent with the ordinance
requirements.
On June 7, 2011, the City Council agreed to enter into an agreement with Wildan
Engineering for an on-call service agreement to allow Mr. John Hidalgo, a licensed
landscape architect with Wildan, to review Landscape Document Packages for public and
private development projects that are subject to Chapter 15.34 of the RPVMC. The current
service agreement is due to expire on June 30, 2013. Therefore, Staff is recommending that
the contract with Wildan Engineering for Water Efficient Landscape on-call services be
extended another two years, which would expire June 30, 2015.
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DISCUSSION
Due to the complexity of the State-mandated Water Efficient Landscape Ordinance, projects
requiring review necessitates specialized knowledge of various components, reports and
plans related to the installation of water efficient landscapes and irrigation. More specifically,
each applicant is required to submit a Landscape Documentation Package, which includes
a Landscape Design Plan, Irrigation Design Plan, Grading Design Plan, Soil Management
Report and a Water Efficient Landscape Worksheet. Due to the fact that the City does not
currently employ a Landscape Architect or similar professional and the City's Ordinance
requires the abovementioned plans and reports to be prepared by a landscape professional
that is knowledgeable of the State's water efficient landscape requirements, an on-call
water efficient landscape plan check professional to review such plans/reports is necessary.
Consultant Services and Scope of Work
The consultant would provide the City with the following experience and expertise:
• Knowledge of the unique environmental setting of the Palos Verdes Peninsula
• Knowledge of current State laws regarding the Water Conservation in Landscaping
Act(AB 1881)
• Knowledge of the California Environmental Quality Act (CEQA)
• Knowledge of the preparation of Habitat Conservation Plans (HCP) and Natural
Communities Conservation Plans (NCCP)
• Plan Check Review for all elements of a Landscape Document Package including:
o Project information as required by the City of Rancho Palos Verdes
Landscape Regulations for the Implementation of the Water Efficient
Landscape Ordinance No. 504 (Chapter 15.34 of the RPVMC)
o Landscape Design Plan as described in Section 15.34.050·of the RPVMC
o Irrigation Design Plan as described in Section 15.34.060 of the RPVMC
o Water Efficient Landscape Worksheet as described in Section 15.34.090 of
the RPVMC
o Soil Management Report as described in Section 15.34.080 of the RPVMC
o Grading Design Plan as described in Section 15.34.070 of the RPVMC
As the City's Water Efficient Landscape Plan Check professional, John Hidalgo of Wildan
will continue to provide a variety of specialized plan check services listed above on an as-
needed basis. The scope of work and billing rates are attached to the Contract attached to
this report.
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CONCLUSION
John Hidalgo of Wildan, a highly qualified firm, has extensive experience and professional
credentials, and is familiar with the unique setting of the Palos Verdes Peninsula and the
State's and City's water efficient landscaping requirements. As such, Staff supports
extending a two-year service agreement with Wildan for providing the City with on-call water
efficient landscape plan check services.
FISCAL IMPACT
Costs associated with plan check services provided by Wildan will be borne by private
property owners. However, plan check costs for review of water efficient landscape
improvements that are sponsored by the City will be borne by the City. Therefore, unless
related to a City-sponsored project, Staff does not expect costs associated with on-call plan
check services to be borne by the City's General Fund.
ALTERNATIVES
In addition to Staff's recommendation, the following alternatives are available for
consideration by the City Council:
1) Authorize the Mayor and City Clerk to extend a contract for an alternative period of
time.
2) Direct Staff to make additional modifications to .the proposed contract and bring the
revised contract back for further discussion at a future meeting.
3) Direct Staff to issue a Request for Proposal (RFP).
Attachments
• Service Agreement Between the City and Wildan
• Wildan RFP response
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ON-CALL AGREEMENT FOR WATER EFFICIENT LANDSCAPE
PLAN CHECK REVIEW CONSUL TING SERVICES
This Agreement is executed this 4th day of June, 2013, by and between the City
of Rancho Palos Verdes (hereinafter called "CITY") and Willdan Engineering
(hereinafter called "CONSULT ANT").
RECITALS
WHEREAS, the CITY needs to use the professional services of CONSUL TANT
to provide plan check consulting and technical services to CITY on an as-needed basis
to review requirements for Water Efficient Landscape Plans on public and private
properties;
WHEREAS, the CITY routinely uses CONSULTANT's professional services and
the CITY is satisfied with these services; and
WHEREAS, CONSUL TANT represents that it' is professionally qualified, capable
and licensed to review elements of a Landscape Documentation Package as required
through the CITY's Water Efficient Landscape Ordinance, Chapter 15.34 of the CITY's
Municipal Code.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the
covenants hereinafter set forth, the parties hereto mutually agree as follows:
Section 1. CONSULT ANT's Services. When requested in writing by the
CITY, CONSUL TANT shall, in a professional and timely manner, perform the on-call
plan check services as set forth in the CONSULT ANT's Proposal and Schedule of
Hourly Rates, attached hereto as Exhibit "A" and incorporated herein by this reference.
Section 2. Time of Performance. CONSUL TANT shall perform all services
and duties pursuant to this Agreement, and as specified in the schedule set forth in the
attached Exhibit "A," in a professional and timely manner at the direction of the
Community Development Director or the Director's designee. CONSUL TANT shall
provide in writing the time estimate to complete each project, which shall be subject to
review and authorized in writing by the Community Development Director or the
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Director's designee prior to commencement of the project. CONSUL TANT shall
provide CITY with a final plan check review of approval or additional corrections
between one (1) and two (2) weeks from the time the Water Efficient Landscape Plan
Check Review is requested by the CITY. Time is of the essence in performing services
pursuant to this Agreement.
Section 3. Term. This Agreement shall commence on July 1, 2013, and shall
terminate on June 30, 2015, unless sooner terminated pursuant to Section 14 of this
Agreement.
Section 4. Compensation.
(a') The CITY agrees to compensate CONSUL TANT in full satisfaction for
CONSUL TANT's professional services rendered and costs incurred pursuant to this
Agreement in accordance with the rates and amounts set forth in Exhibit "A." The
schedule of hourly rates shall be effective through the term of this Agreement.
(b) The CITY may request in writing that CONSUL TANT perform additional
services related to landscape plan review not covered by the specific scope of work set
forth in Exhibit "A. CITY may also request that CONSULT ANT print additional copies of
any document beyond the estimated cost allotted for copies in Exhibit "A."
CONSUL TANT shall notify and obtain approval from the CITY prior to performing such
additional services and will be paid for such additional services in accordance with the
Schedule of Hourly Rates in Exhibit "A." ,
(c) CONSUL TANT shall submit to CITY, by not later that the tenth (10th) day
of each month, its bill for all services rendered and costs incurred during the previous
month. If CONSUL TANT's bill is property prepared and received by CITY by not later
than the tenth (10th) day of the month, CITY shall pay CONSUL TANT all uncontested
amounts set forth in CONSUL TANT's bill by not later than thirty (30) days from the date
that the bill was received. All other properly billed and uncontested invoices received
after the 1 oth of the month shall be paid by CITY not later than forty-five (45) days after
receipt of CONSUL TANT's bill by CITY.
(d) In the event CITY fails to pay any undisputed amounts due to
CONSUL TANT within forty-five (45) days after invoices are received by CITY, then
CITY agrees that CONSULT ANT shall have the right to consider said default a breach
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of this Agreement and may be terminated by CONSULT ANT without liability to
CONSULTANT upon ten (10) working days of advance notice to CITY.
(e) CITY agrees to use its best efforts to notify CONSUL TANT of any
disputed invoice amounts within ten (10) days of the receipt of each invoice. However,
CITY's failure to timely notify CONSULT ANT of a disputed amount shall not be deemed
a waiver of CITY's right to challenge such amount.
(f) The CITY and CONSUL TANT acknowledge and agree that the terms of
CONSUL TANT's compensation are not dependent upon the CITY's final action on the
decision of a project.
(g) If CONSUL TANT is requested by CITY to revise or supplement the Water
Efficient Plan Check Review or provide an explanation of services and expenses
itemized within an invoice to the CITY with additional data, information or analysis
solely as a result of the CONSUL TANT's failure to comply with the scope of work
stipulated in Exhibit "A," CONSUL TANT shall provide such revision or supplement at no
additional cost to the CITY.
(h) If changes to existing laws, rules, regulations or policies of any state,
federal or local governmental authority having jurisdiction over the project occur, or
new, unforeseen issues arise, CONSUL TANT will perform any necessary additional
services on a time-and-materials basis, at the rates set forth in Exhibit "A".
(i) All payments due to CONSUL TANT shall be paid to:
Willdan Engineering
13191 Crossroads Parkway North, Suite 405
Industry, CA 91746
Section 5. Independent Contractor. CONSUL TANT 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 CONSULT ANT 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. CONSULT ANT shall not, at any time
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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. CONSULT ANT agrees to pay all
required taxes on amounts paid to CONSUL TANT 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. CONSUL TANT shall fully comply with the
workers' compensation law regarding CONSUL TANT and its employees.
CONSULT ANT further agrees to indemnify and hold the CITY harmless from any failure
of CONSULT ANT to comply with applicable workers' compensation laws. The CITY
shall hav.e the right to offset against the amount of any fees due to CONSUL TANT
under this Agreement any amount due to the CITY from CONSULT ANT as a result of
its failure to promptly pay to the CITY any reimbursement or indemnification arising
under this Article.
Section 6. Assignment. This Agreement may not be assigned in w~ole or in
part without the prior written consent of 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.
Section 7. Consultant's Responsible Principal. The CONSULTANT shall
have a Responsible Principal, John Hildalgo, Principal Project Manager, who shall be
primarily responsible for the CONSUL TANT's obligations under this Agreement and
who shall serve as principal liaison between CITY and CONSULTANT. CONSULTANT
shall not designate representatives or liaisons other than John Hildalgo without the prior
written consent of the Community Development Director, except for temporary re-
assignments in case of vacation, illness or emergency, where CONSUL TANT shall
provide verbal notification to the Community Development Director.
Section 8. Personnel. CONSUL TANT represents that it has, or shall secure
at its own expense, all personnel required to perform CONSUL TANT's services under
this Agreement. CONSUL TANT shall make reasonable efforts to maintain the
continuity of CONSUL TANT's staff who are assigned to perform the services hereunder
and shall obtain the approval of the Director of Community Development of all proposed
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staff members who will perform such services. CONSUL TANT may associate with or
employ associates or sub-consultants in the performance of its services under this
Agreement with prior written CITY approval, but at all times the CONSUL TANT shall be
responsible for its associates or sub-consultants' services.
Section 9. CITY Liaison. CONSULT ANT shall perform under the general
supervision of the Community Development Director of CITY or his or her designee,
and all communications, instructions and directions on the part of the CITY shall be
communicated exclusively through the Community Development Director or his or her
designee.
Section 10. Documents. CITY and CONSULTANT agree that all final
documents, plans, exhibits, records, data, reports, photographs, images, video files,
media or other documentation prepared by, in response to, or as a result of the
performance of this Agreement ("Written Products") shall be the sole property of 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. CONSULT ANT shall not obtain or attempt to obtain copyright protection as
to any Written Products. CONSUL TANT 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 this Section.
All Written Products are to remain confidential and shall not be released or
otherwise made available to any person, entity or organization without the express prior
written approval of CITY. CONSULT ANT shall deliver copies of any Written Products
upon demand and without additional costs or expenses to the CITY. All Written
Products that are in CITY's possession and necessary for the carrying out of work
pursuant to this Agreement shall be available to CONSULT ANT without charge. During
the term of this Agreement, CONSUL TANT may retain one copy of each document for
its records. Upon termination, abandonment or suspension of the Project, the
CONSUL TANT shall deliver to the CITY all Written Products without additional costs or
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expense to the CITY. If CONSULTANT prepares a document on a computer,
CONSULT ANT shall provide CITY with said document both in a printed format and in
an electronic format that is acceptable to the CITY.
Section 11. Conflicts of Interest. The CONSULT ANT represents that it
presently has no interest and shall not acquire any interest, direct or indirect, that would
conflict in any manner with the performance of the services contemplated by this
Agreement. CONSUL TANT 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 CONSUL TANT "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 CONSUL TANT
has been retained pursuant to this Agreement. No person having any such interest
shall be employed by or be associated with the CONSUL TANT or any sub-consultant.
Section 12. Insurance. Not less than one day prior to commencing·
performance under this Agreement, CONSUL TANT shall submit to CITY certificates
evidencing compliance with the following minimum insurance requirements, to be
maintained during the term of this Agreement:
(a) Professional Liability. CONSUL TANT 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 two million dollars ($2,000,000) in the aggregate for errors and/or
omissions of CONSULT ANT 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:Vll 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
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services on behalf of the CITY. Renewal or replacement policies shall not allow for any
advancement of such retroactive date.
(b) General Liability. CONSULT ANT shall at all times during the term of the
Agreement carry, maintain, and keep in full force and effect a policy or policies of
Comprehensive General Liability Insurance with a minimum limit of one million dollars
($1,000,000.00) for each occurrence and two million dollars ($2,000,000) in the
aggregate, combined single limit, against any personal injury, death, loss or damage
resulting from the wrongful or negligent acts by CONSULTANT. Said policy or policies
shall be issued by an insurer admitted in the State of California and rated in Best's
Insurance Guide with a rating A:Vll or better.
(c) Automobile Liability. CONSUL TANT 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 ($1,000,000.00) per
accident for bodily injury and property damage. Said policy or policies shall be issued
by an insurer admitted in the State of California and rated in Best's Insurance Guide
with a rating of A:Vll or better.
(d) 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. CONSULT ANT shall require any subcontractor
similarly to provide such compensation insurance for their respective employees.
(e) Notice of Cancellation.
(1) All insurance policies shall provide that the insurance coverage
shall not be canceled 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.
CONSULT ANT agrees that it will not cancel or reduce said insurance coverage.
(2) CONSUL TANT 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 CONSUL TANT's expense, the premium thereon.
(f) Certificate of Insurance. At all times during the term of this Agreement,
CONSULT ANT shall maintain on file with the City Clerk certificates of insurance
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showing that the aforesaid policies are in effect in the required amounts. Any
comprehensive general liability policy and automobile policy shall contain an
endorsement naming the CITY as an additional insured, which CONSUL TANT shall
maintain on file with the City Clerk.
(g) Primary Coverage. The insurance provided by CONSULT ANT shall by
primary to any coverage available to CITY in relation to the services provided under this
Agreement. The insurance policies (other than worker's compensation and
professional liability) shall include provisions for waiver of subrogation.
Section 13. Indemnification, Hold Harmless, and Duty to Defend.
(a) Indemnity for Design Professional Services. In connection with its design
professional services, CONSULTANT shall hold harmless and indemnify CITY, and its
officials, officers, employees, agents and independent contractors serving in the role of
CITY officials, and designated volunteers (collectively, "lndemnitees"), 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
CONSUL TANT 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 13(a), CONSULTANT shall defend, hold harmless and indemnify the
lndemnitees 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 negligent or other wrongful 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. CONSUL TANT shall defend lndemnitees
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
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experts' costs actually incurred in connection with such defense. Consultant's duty to
defend pursuant to this Section 13(b) shall apply independent of any prior, concurrent
or subsequent misconduct, negligent acts, errors or omissions of lndemnitees.
(c) All duties of CONSULTANT under Section 13 shall survive termination of
this Agreement.
Section 14. Termination. This Agreement may be terminated by CITY with or
without cause upon five (5) days prior written notice or by CONSULTANT upon thirty
(30) days prior written notice.
In the event of termination or cancellation of the Agreement by CONSUL TANT or
CITY due to no fault or failure or performance by CONSULTANT, CONSULTANT shall
be paid compensation for all services performed by CONSUL TANT in an amount to be
determined as follows: for work done in accordance with all of the terms and provisions
of this Agreement, CONSUL TANT shall be paid an amount equal to the amount of
services performed prior to the effective date of termination or cancellation in
accordance with the schedule attached hereto as Exhibit "A"; 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 CONSUL TANT for the full performance of the
services described in this Agreement.
In the event of such termination, all finished or unfinished documents, report, charts,
data studies, surveys, in the possession of CONSULT ANT under this Agreement shall be
returned to the CITY, at CITY's option.
Section 15. General Provisions.
(a) Titles. The titles used in this Agreement are for general reference only
and are not part of the Agreement.
(b) Fair Employment Practices/Equal Opportunity Acts. In the performance of
this Agreement, CONSULT ANT shall comply with all applicable provisions of the
California Fair Employment Practices Act (California Government Code Sections
12940-48) and 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.).
(c) Legal Action.
(1) Should either party to this Agreement bring legal action against the
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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 sh~ll be in the Los
Angeles County Superior Court.
(2) 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.
(3) Should any legal action about a project between CITY and a party
other than CONSULT ANT require the testimony of CONSUL TANT when there is no
allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT
for its testimony and preparation to testify at reasonable hourly rates.
(d) Entire Agreement. This Agreement, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between CITY and CONSULT ANT 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.
(e) 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.
(f) Notices. 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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If to CONSULT ANT:
John Hidalgo, Principal Project Manager
Willdan Engineering
13191 Crossroads Parkway North, Suite 450
Industry, CA 91746
If to CITY:
Joel Rojas, Community Development Director
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
(g) Business License Required. CONSULT ANT shall obtain a CITY
business license prior to commencing preparation of the documentation required by this
Agreement.
(h) Anti-Waiver Clause. Waiver by either party of any one or more of the
conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by the
CITY of any payment to CONSULT ANT 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.
(i) Severability. If any term or portion of this Agreement is l:leld 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first stated above.
Dated: WILLDAN ENGINEERING -----------
By:
By:
Dated: CITY OF RANCHO PALOS VERDES -----------
By:
Mayor
ATTEST: APPROVED AS TO FORM:
By: ___________ _ By: ___________ _
City Clerk City Attorney
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Exhibit "A":
CONSUL TANT's Proposal and Schedule of Hourly Rates
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May 3, 2011
Mr. Joel Rojas
Community Development Department
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
WILLDAN I ;~~nding
Engineering reach
Subject Proposal to Provide Landscape Plan Check Review for Compliance with
the City's Water Efficient Landscape Ordinance and Supplemental
Regulations
Dear Mr. Rojas:
Willdan Engineering is pleased to submit this proposal to provide landscape plan
checking services for compliance regarding the City's Water Efficient Landscape
Ordinance.
COMPANY INFORMATION
Willdan Engineering
13191 Crossroads Parkway North, Suite 405
City of Industry, CA 91746
Telephone: 562-908-6200
Fax: 562-695-2120
Web Address: www.willdan.com
SCOPE OF SERVICES PROVIDED TO THE CITY
Plan Check Review of Landscape Documentation Package required through Chapter
15.34 of the RPVMC and the "Landscape Regulations for the Implementation of the
RPV Water Efficient Landscape Ordinance" including, but not limited to:
Landscape Design Plan
Irrigation Design Plan
-Water Efficient Landscape Worksheet
-Soil Management Report
-Grading Design Plan
Engin<.mrino I Gootc1chnical I Environrmmlal I Financiai I Hcmmland Som1rity
562.908.6200 I 800.499.4484 I fax: 562.695.2120 I 13191 Crossroads Parkway North, Suite 405, Industry, CA 91746-3443 I www.willdan.com
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May 3, 2011
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KEY PERSONNEL
Willdan proposes to assign the following personnel:
John Hidalgo
Principal Project Manager
Registered Landscape Architect, CA #3551
Bryan Nguyen
Senior Landscape Architect
Regist~red Landscape Architect, CA #4967
SCHEDULE OF FEES AND REIMBURSABLES EXPENSES
1. For Landscape Areas Totaling 2,500 -10,000 Square Feet
4 Hours Minimum I 6 Hours Maximum
Maximum Fee Amount-$800.00
2. For Landscape Areas Totaling 10, 100 Square Feet and Greater
6 Hours Minimum I 11 Hours Maximum
Maximum Fee Amount -$1,400.00
The fees noted above include two plan check submittals.
For plan checks that require a third re-submittal, the fee would be the. base fee plus
the additional time for the third check. The additional time would be based on a time
and materials at $125.00 per hour.
PROJECTED WORK SCHEDULE
The following timeframe details out the number of days for reviews.
1. First Plan Check -10 Working Days
2. Second Plan Check - 6 Working Days
3. Third Plan Check - 3 Working Days
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May 3, 2011
Page 3
CONCLUSION
Should you have any questions regarding this proposal, please contact Mr. John
Hidalgo at (562) 908-6248 or email address at jhidalgo@willdan.com.
Respectfully Submitted,
WILLDAN ENGINEERING
John Hidalgo, RLA
Principal Project Manager
Landscape Architectural Services
William C. Pagett, PE
Senior Vice President
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