RPVCCA_CC_SR_2014_08_19_G_McGee_Contract_for_GPS_Monitoring_in_the_Landslide_AreaCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR & CITY COUNCIL MEMBERS ri
wt MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS 1\~ 0
AUGUST 19, 2014
AWARD A CONTRACT FORGPS MONITORING IN THE
LANDSLIDE AREA
CAROLYNN PETRU, INTERIM CITY MANAGE~
Staff Coordinator: Ron Ora~
RECOMMENDATIONS
1. Award a contract to Michael R. McGee, PLS, d/b/a McGee Surveying Consulting
in the amount of $61,470 to perform GPS surveys of all existing points within the
Portuguese Bend/Abalone Cove/Klondike Canyon Landslide areas and to
prepare the associated report.
2. Authorize the Mayor and City Clerk to execute the agreement with Michael R.
McGee, PLS, d/b/a McGee Surveying Consulting for GPS surveys and the
associated report.
3. Authorize the expenditure of $61,470 for the required surveys and associated
report; and authorize the expenditure of up to $5, 100 as a project contingency in
the event additional work is identified during the field surveys and is determined
to be required by the Director of Public Works.
BACKGROUND
For many years the City has collected land movement data in the Ancient Altamira
Landslide Complex (which includes the Portuguese Bend/Abalone Cove/Klondike
Canyon Landslide areas). Following a public meeting in October 2007, the City Council
requested that Staff work with consultants to develop a precision method of collecting
land movement data. Using new technology, best efforts were made over the past
several years to use the latest methods in measurement and to present the information.
To accomplish an efficient use of resources, a thorough and detailed scope of work was
established. Staff coordinated this effort with City resident and Geologist Dr. Bob
Douglas and Michael R. McGee, PLS (professional land surveyor), both of whom have
extensive knowledge about the landslide area.
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The outcome was a carefully defined scope of work using techniques that have proven
to collect the needed data with an efficient and effective use of resources.
ANALYSIS
In order to better quantify the land movement, best practice survey methodology is used
to measure existing monuments and established points with Global Positioning System
(GPS) satellite survey methods. Mr. McGee, Mr. Douglas, and Staff developed an
efficient procedure that is currently used to collect and record data. The most recent
data is compared to the data previously collected through GPS surveys which reveals
any differential land movement. The scope of work for this year's GPS ground
movement monitoring project is consistent with last year's scope of work. As previously
stated, the information gathered is used to compare movement from year to year. The
methods and techniques being used have previously been discussed with the City's
Geologist to better focus measurement methodologies and to optimize the level of
service w~ile minimizing the program cost. To that end, and for the importance of
continuity, this year Staff requested a proposal from Mr. McGee, who does business as
McGee Surveying Consulting. Following negotiations, which resulted in additional cost
savings, Staff is recommending awarding this year's professional services agreement
(or. GPS survey work in the landslide to the company of the land surveyor who
completed previous surveys, compiled the data, and generated the reports, which is
McGee Surveying Consulting. Staff is anticipating beginning the survey by mid
September to obtain results prior to the onset of the rainy season.
As an adjunct to the annual survey, staff is recommending performing two additional
truncated GPS surveys during the winter and spring (estimated to begin in January and
April of 2015). A single mini survey of the points was performed last year. Information
from this mini survey is used to better quantify movement within the landslide during the
dry months. Staff anticipates data collected this year through the winter mini survey will
provide data to allow analysis of ground movement during the rainy season. This
information will be used to help determine where additional dewatering wells could be
placed and to evaluate other possible remediation efforts.
Staff is recommending awarding the professional services agreement for GPS
monitoring to Michael R. McGee, PLS, d/b/a McGee Surveying Consulting because Mr.
McGee is very familiar with the survey process and requirements within the landslide
area. It is noted that additional work re-establishing monitoring points could be needed;
contingency funds could be used to facilitate this kind of work.
CONCLUSION
It is important for the City to properly monitor land movement in the Portuguese
Bend/Abalone Cove/Klondike Canyon areas. Staff therefore recommends award of this
contract to Michael R. McGee, PLS, d/b/a McGee Surveying Consulting in the amount
of $61,470 with an authorized contingency of up to an additional $5, 100 for additional
work that may be necessary. The cost of the GPS Survey has been consistently going
down as the surveyor's familiarity with the landslide areas increases. This year the
survey costs were reduced by $2,240 for the primary survey and $390 for the mini
survey. This year the costs break down to: $31,290 for the primary GPS survey of the
landslide area with a contingency of $3,900 for additional work that may be necessary;
and additional mini GPS surveys in January and April at a cost of $15,090 each with a
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shared $1,200 contingency.
FISCAL IMPACT
The recommended action, which includes a complete survey of all existing monuments
and points and a mini survey (as described in Attachment A) , processing and
interpreting the data, and creating the associated reports, will be completed for the
lump sum cost of $61,470. Any additional work that may be necessary could be
accomplished with available funds up to an additional $5, 100.
The required funds are currently budgeted in the FY 14-15 Improvement Authority's
program for this project. This budget is allocated between the Portuguese Bend
maintenance services and Abalone Cove maintenance services.
Attachment A: Contract for Professional Services
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CITY OF RANCHO PALOS VERDES
PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 19th day of August, 2014,
by and between the City of Rancho Palos Verdes, a California municipal corporation
(hereinafter referred to as the "CITY"), and Michael R. McGee, PLS, d/b/a McGee
Surveying Consulting (hereafter referred to as "CONSUL TANT").
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 is described as engineering and land surveying services to
monitor land movements in the Portuguese Bend, Klondike Canyon and Abalone Cove
landslide areas.
1.2 Description of Services
CONSUL TANT shall provide surveying services which include using GPS
survey techniques to identify movement within the Abalone Cove, Klondike Canyon and
Portuguese Bend landslide areas for CITY, as described in the CONSUL TANT'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 incorporated documents,
the terms of this Agreement shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSUL TANT
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
CONSUL TANT 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 CONSUL TANT's work promptly, or delay or faulty
performance by CITY, other consultants/contractors, or governmental agencies, or any
other delays beyond CONSUL TANT's control or without CONSULTANT's fault.
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2.1 Fee
ARTICLE 2
COMPENSATION
CITY agrees to compensate CONSUL TANT an amount notto exceed sixty-
one thousand and four hundred seventy dollars ($61,470).
2.2 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.
2.3 Prevailing Wages
CITY and CONSUL TANT acknowledge that this project is a public work to
which prevailing wages apply. The Terms for Compliance with California Labor Law
Requirements is attached hereto as Exhibit "B" and incorporated herein by this
reference.
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. CONSUL TANT shall perform such services, and CITY shall pay for such
additional services in accordance with CONSUL TANT's Rate Schedule, which is within
Exhibit "A." The Rate Schedule in Exhibit "A" shall be in effect through the end of this
Agreement.
2.5 Term of Agreement
This Agreement shall commence on the day after this Agreement is executed
and shall terminate on June 30, 2015, unless sooner terminated pursuant to Article 4 of
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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 maximum extent permitted by law, CONSUL TANT
shall hold harmless and indemnify CITY, and its officials, officers, employees, agents and
independent contractors se·rving 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 3.1 (a), and to the maximum extent permitted by law, CONSUL TANT 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 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 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 lndemnitees.
( c) All duties of CONSUL TANT under Section 3.1 shall survive termination
of this Agreement.
3.2 General Liability
CONSUL TANT 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,
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loss or property damage for products or completed operations and any and all other
activities undertaken by CONSUL TANT in the performance of this Agreement. Said policy
or policies shall be issued by an insurer admitted or authorized 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.
3.4 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) 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. Said policy or policies shall be issued by an insurer admitted or authorized to do
business in the State of California and rated in A.M. Best's Insurance Guide with a rating of
A:Vll or better.
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, unless CONSULTANT has no employees. CONSULTANT shall require any
subcontractor similarly to provide such compensation insurance for its respective
employees, unless that subcontractor has no 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) CONSUL TANT 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 CONSUL TANT's expense, the premium thereon.
3.7 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSUL TANT shall maintain
on file with the CITY Clerk both a copy of the entire policy and 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.
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3.8 Primary Coverage
The insurance provided by CONSUL TANT 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 anytime, with or without cause,
by the CITY upon thirty (30) days prior written notice or by CONSULTANT upon ninety (90)
days prior Written notice. Notice shall be deemed served if completed in compliance with
Section 6.15.
(b) In the event of termination or cancellation of this Agreement by
CONSUL TANT or CITY, due to no fault or failure of performance by CONSUL TANT,
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 final 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.
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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.
CONSUL TANT shall defend, indemnify and hold the CITY, and its elected officials, officers,
employees, servants, attorneys, designated volunteers, and agents serving as independent
contractors in the role of CITY officials, harmless from any loss, claim or liability in anyway
related to a claim that CITY's use of any of the Written Products is violating federal, state
or local laws, or any contractual provisions, or any laws relating to trade names, licenses,
franchises, copyrights, patents or other means of protecting intellectual property rights
and/or interests in products or inventions. CONSUL TANT 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, CONSUL TANT, 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 CONSUL TANT 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.
6.1 Representation
ARTICLE 6
GENERAL PROVISIONS
The CITY representative shall be the Director of Public Works or his or her
designee, and CONSUL TANT shall notify CITY of CONSUL TANT'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
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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
1990 (42 U.S.C. § 11200, et seq.).
6.3 Audit
The CITY or its representative shall have the option of inspecting, auditing, or
inspecting and auditing all records and other written materials used by CONSUL TANT in
preparing its billings to the CITY as a condition precedent to any payment to
CONSUL TANT. CONSUL TANT will promptly furnish documents requested by the CITY.
Additionally, CONSUL TANT shall be subject to State Auditor examination and audit at the
request of the CITY or as part of any audit of the CITY, for a period of three (3) years after
final payment under this Agreement.
6.4 Personnel
CONSULTANT represents that it has, or shall secure at its own expense, all
personnel required to perform CONSUL TANT'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 CONSUL TANT'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 CONSUL TANT be
responsible for its associates and subcontractors' services.
6.5 CONSUL TANT's Representations
CONSUL TANT represents, covenants and agrees that: a) CONSUL TANT is
licensed, qualified, and capable offurnishing 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 CONSUL TANT's full performance under this Agreement; c) to the extent
required by the standard of practice, CONSUL TANT 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.
6.6 Conflicts of Interest
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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 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. 7 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,
oreach, 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 CONSUL TANT require the testimony of CONSUL TANT when there is no
allegation that CONSUL TANT was negligent, CITY shall compensate CONSUL TANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.8 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 CONSUL TANT'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. CONSUL TANT's use of subcontractors
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.9 Independent Contractor
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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 CONSUL TANT or any of the CONSUL TANT'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 CONSUL TANT wishes except as expressly provided in this Agreement.
CONSUL TANT 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 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. CONSULTANT shall fully comply with the workers' compensation law
regarding CONSUL TANT and its employees. CONSUL TANT 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
CONSUL TANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.1 O Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.11 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.
6.12 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.
6.13 Non-Waiver of Terms, Rights and Remedies
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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 CONSUL TANT
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.
6.14 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.
6.15 Notice
Except as otherwise required by law, any notice, payment, 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
CONSUL TANT'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. Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSUL TANT:
McGee Surveying Consulting
Attn: Michael McGee
5290 Overpass Road, Suite # 107
Santa Barbara, CA 93111
[Signatures on next page.]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
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the date and year first above written.
Dated: __________ _
Dated:. __________ _
ATTEST:
By: ___________ ~
City Clerk
MICHAEL R. MCGEE, PLS, d/b/a
MCGEE SURVEYING CONSUL TING
("CONSUL TANT")
By: ___________ _
Michael R. McGee, PLS
CITY OF RANCHO PALOS VERDES
("CITY")
By: ___________ _
Mayor
APPROVED AS TO FORM:
By: ___________ _
City Attorney
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Exhibit "A":
Consultant's Proposal, including Rate Schedule
Exhibit "A"
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McGEE SURVEYING CONSULTING
Date: July 29, 2014
Ron Dragoo, P .E.
Senior Engineer
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
5290 Overpass Road, Ste# 107 -Santa Barbara, CA 93111
Telephone 805-964-3520
Rancho Palos Verdes, CA 90275
Subject: Ranch Palos Verdes: Portuguese Bend Land Slide Monitoring Survey for September 2014 and
April 2015 ..
The Portuguese Bend Land Slide Monitoring Program for the City of Rancho Pales Verdes has been
ongoing since the 1990's. About 163 points have been measured and analyzed for tracking ground
movement over the years. Points PB64 was discontinued after the April 2014 monitoring and replaced
by new nearby point AB67. In the upcoming September 2014 survey, 65 points will be included as
shown below on the attached "Monitoring Points Status as of 07/25/2014".
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McGEE SURVEYING CONSULTING
5290 Overpass Road, Ste# 107 -Santa Barbara, CA 93111
Telephone 805-964-3520
Accuracy is the primary consideration and higher accuracy surveys require a diligent effort to mitigate
errors and assure the integrity of the measurements. Over the last decade, many of the points in the
central drainage have moved over a hundred feet. About 40 points, mostly in the western and eastern
areas may move only a few inches in a year. These points are measured to a higher standard of
accuracy because the movements are small, whereas the remaining points are measured to a lower
standard of accuracy because of their larger annual movements to save costs. The western area also has
considerable tree cover which interferes with satellite signals requiring more effort to achieve the
required accuracies.
The monitoring is based at point AB6 l to reference the movement of other points. AB61 was
established in 2007 and the reference frame (datum) updated to the National Geodetic Surveys' North
American Datum of 1983, 2007 .00 Adjustment. Three permanently fixed CGPS (Continuously
Operated GPS reference stations) related to the national grid will be included in the survey to insure
the. long term integrity of the reference frame and validate a consistent recovery of the reference frame
at the time of each survey. These stations (one situated south of the City Hall) are within 6 miles of the
slide area but well outside the slides influence.
The data collection and processing is based on multiple independent observations where the error
sources are identified, tested and mitigated. QAQC is an integral part of the survey from collecting
field observations to the final network adjustments that develop precise relative and absolute
movements of the slides. This process is planned and designed with the intent of being defensible in
the event of a challenge to the accuracy or integrity of the measurements and survey.
The scope of services are listed as follows.
1-Review report and data for the prior year, assess the present status of monitoring points and plan the
field campaign.
2-Perform field site reconnaissance to check condition and access to points. Perform maintenance as
necessary to preserve the monitoring points, clear access, and clear obstructions to the sky if necessary
and permissible.
3-Perform GNSS field surveys utilizing three dual frequency geodetic quality GNSS receivers and
fixed height poles to collect static data on 65 monitoring points and connect the survey to three CGPS
stations. Each monitoring point will be observed for one to three times for 10-15 minutes. Multiple
observations on the same points will occur at different times of the day, and on different days to obtain
independent checks on the data quality.
4-Post process the field observations, compare measurements with the CGPS Stations to validate the
recovery of the reference frame, data analysis, and data QAQC, followed by network adjustments to
determine latitude, longitude, ellipsoid heights, elevations and California State Plane Coordinates.
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McGEE SURVEYING CONSULTING
5290 Overpass Road, Ste# 107 -Santa Barbara, CA 93111
Telephone 805-964-3520
5-Analyze previous monitoring results relative to present movements, prepare spreadsheet summaries
of the annual and overall movements, perform final QAQC, and update the status, descriptions and
photos of the monitoring points in preparation for future surveys.
6-Prepare a Report detailing the specifications and procedures for the field observations, data analysis,
QAQC and proof of accuracy. The Report follows on the previous years work and summarizes the
present history, results of the survey campaign and recommendations for future monitoring.
Cost of Services for Monitoring in September 2012
l. Research, Planning, Field Reconnaissance $ 2400.00
2. GPS Field Surveys $ 13450.00
3. Processing, Analysis, Reports $ 10850.00
4: Qps Receivers $ 3240.00
5. Expenses $ 1350.00
TOTAL COST $ 31,290.00
Cost of Services for Monitoring a subset of 30 Points in January and April of 2015
Monitoring Option: An optional fee for one or two partial monitoring in 2015 is provided here. The
cost for providing the services listed as 1 through 5 above for an additional monitoring of up to 30
points would be $15,090.00 for each monitoring. The cost is based on $503.00 per point and would be
invoiced on a per point basis should a lesser number of points be requested. Therefore, the maximum
cost for the September 2014, January 2015 and April 2015 monitoring is $61,470.00.
Rate Schedule (per hour)
McGee: Licensed Surveyor, GPS Specialists, Expert Witness:
Second GPS crew
Technician
$200
$144
$ 80
If you have any question or require additional information do not hesitate to call on me.
Regards,
Michael McGee, PLS3945
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performance of this Agreement by the Consultant or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than eight
(8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in
excess of 8 hours per day, and 40 hours during any one week shall be permitted upon
public work upon compensation for all hours worked in excess of 8 hours per day at not
less than 11/2 times the basic rate of pay.
8. California Labor Code Sections 1860 and 3700 provide that every
employer will be required to secure the payment of compensation to its employees if it
has employees. In accordance with the provisions of California Labor Code Section
1861, Consultant 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
undertake self-insurance in accordance with the provisions of that code, and I
wilt comply with such provisions before commencing the performance of the work
of this contract."
9. For every subcontractor who will perform work on the project, Consultant
shall be responsible for such subcontractor's compliance with Chapter 1 and Labor
Code Sections 1860 and 3700, and Consultant shall include in the written contract
between it and each subcontractor a copy of those statutory provisions and a
requirement that each subcontractor shall comply with those statutory provisions.
Consultant shall be required to take all actions necessary to enforce such contractual
provisions and ensure subcontractor's compliance, including without limitation,
conducting a periodic review of the certified payroll records of the subcontractor and
upon becoming aware of the failure of the subcontractor to pay his or her workers the
specified prevailing rate of wages. Consultant shall diligently take corrective action to
halt or rectify any failure.
10. To the maximum extent permitted by law, Consultant shall indemnify, hold
harmless and defend (at Consultant's expense with counsel reasonably acceptable to
the City) the City, its officials, officers, employees, agents and independent contractors
serving in the role of City officials, and volunteers from and against any demand or
claim for damages, compensation, fines, penalties or other amounts arising out of or
incidental to any acts or omissions listed above by any person or entity (including
Consultant, its subcontractors, and each of their officials, officers, employees and
agents) in connection with any work undertaken or in connection with the Agreement,
including without limitation the payment of all consequential damages, attorneys' fees,
and other related costs and expenses. All duties of Consultant under this Section shall
survive termination of the Agreement.
Exhibit "B"
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Exhibit "B":
Terms for Compliance with California Labor Law Requirements
1. Consultant acknowledges that the project as defined in this Agreement
between Consultant and the City, to which this Terms for Compliance with California
Labor Law Requirements is attached and incorporated by reference, is a "public work"
as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code ("Chapter 1 "). Further, Consultant acknowledges that this
Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section
1771 and (b) the rules and regulations established by the Director of Industrial
Relations ("DIR") implementing such statutes. Consultant shall perform all work on the
project as a public work. Consultant shall comply with and be bound by all the terms,
rules and regulations described in 1 (a) and 1 (b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in
certain contracts. The inclusion of such specific provisions below, whether or not
required by California law, does not alter the meaning or scope of Section 1 above.
3. · Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of
per diem wages for each craft, classification, or type of worker needed to perform the
Agreement are on file at City Hall and will be made available to any interested party on
request. Consultant acknowledges receipt of a copy of the DIR determination of such
prevailing rate of per diem wages, and Consultant shall post such rates at each job site
covered by this Agreement.
4. Consultant shall comply with and be bound by the provisions of Labor
Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to
workers and the penalties for failure to pay prevailing wages. The Consultant shall, as
a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion
thereof, for each worker paid less than the prevailing rates as determined by the DIR for
the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
5. Consultant shall comply with and be bound by the provisions of Labor
Code Section 1776, which requires Consultant and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection
as provided by Section 1776; and inform the City of the location of the records.
6. Consultant shall comply with and be bound by the provisions of Labor
Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8,
section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for
all apprenticeable occupations. Prior to commencing work under this Agreement,
Consultant shall provide City with a copy of the information submitted to any applicable
apprenticeship program. Within sixty (60) days after concluding work pursuant to this
Agreement, Consultant and each of its subcontractors shall submit to the City a verified
statement of the journeyman and apprentice hours performed under this Agreement.
7. Consultant acknowledges that eight (8) hours labor constitutes a legal
day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section
1813 concerning penalties for workers who work excess hours. The Consultant shall,
as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the
Exhibit "B"
R6876-0001\1739304v1 .doc
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