Daniel B Stephens & Associates Inc (PB Landslide Mediation Design) CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
DANIEL B. STEPHENS & ASSOCIATES,INC.
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
DANIEL B. STEPHENS & ASSOCIATES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 18th day of December, 2018 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and Daniel B. Stephens & Associates, Inc., a
California corporation ("Consultant"). City and Consultant may be referred to, individually or
collectively, as"Party" or"Parties."
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged,the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which may be referred to herein as the "services" or
"work" hereunder. As a material inducement to the City entering into this Agreement, Consultant
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the services required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated
herein. Consultant shall at all times faithfully, competently and to the best of its ability,
experience and talent, perform all services described herein. Consultant covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be both of good quality as well as fit for the purpose intended. For
purposes of this Agreement, the phrase "highest professional standards" shall mean those
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standards of practice recognized by one or more first-class firms performing similar work under
similar circumstances.
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any "public work" or "maintenance work," as those
terms are defined in California Labor Code section 1720 et seq. and California Code of
Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more,
Consultant shall pay prevailing wages for such work and comply with the requirements in
California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations ("DIR")
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor
acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of
the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job
site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor 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
Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar
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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 Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor 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.
(e) Apprentices. Contractor shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor 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, Contractor and each of
its subcontractors shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor
constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Contractor 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 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 Contractor in excess of
eight(8) hours per day, and forty (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 one
and one-half(11/2)times the basic rate of pay.
(h) Workers' Compensation. 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, Contractor 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 will
comply with such provisions before commencing the performance of the work of
this contract."
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Contractor's Authorized Initials
(i) Contractor's Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Contractor shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract with
any subcontractor for work under this Agreement. Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses,Permits,Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
1.8 Further Responsibilities of Parties.
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Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other contractors.
No claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any
other provisions of this Agreement,the provisions of Exhibit"B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed Four Hundred Seventy-Nine Thousand Nine Hundred
Eighteen Dollars ($479,918) (the "Contract Sum"), unless additional compensation is approved
pursuant to Section 1.9.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or(iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City's Director of
Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying
compliance with all provisions of the Agreement. The invoice shall detail charges for all
necessary and actual expenses by the following categories: labor (by sub-category), travel,
materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be
detailed by such categories. Consultant shall not invoice City for any duplicate services
performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty(180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant's sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one year
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
"D"). City, in its sole discretion, may extend the Term for one additional one-year term.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
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Stephen J. Cullen,Ph.D.,PG Senior Vice President
(Name) (Title)
John J. Dodge,P.G. Principal
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant's staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Elias Sassoon, Director of Public Works, Ron Dragoo,
Principal/City Engineer, or Nasser Razepoor, Associate Civil Engineer, or such person as may be
designated by the City Manager. It shall be the Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Consultant.
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Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise
with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant's indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO "insured contract" language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
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owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3)years after completion of the services required by this Agreement.
(d) Workers' compensation insurance. Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at
least$1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit"B".
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsements must be
approved by City's Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subConsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City's own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City's rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
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City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by
the City's Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subConsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
01203.0006/524815.8 11
(1) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer's limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with Consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency's right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant's compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or
indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
01203.0006/524815.8 12
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS,REPORTS,AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant's business,
custody of the books and records may be given to City, and access shall be provided by
Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully
01203.0006/524815.8 13
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services,the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Consultant will be at the City's sole risk
and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to
such use, reuse or assignment. Consultant may retain copies of such documents for its own use.
Consultant shall have the right to use the concepts embodied therein. All subcontractors shall
provide for assignment to City of any documents or materials prepared by them, and in the event
Consultant fails to secure such assignment, Consultant shall indemnify City for all damages
resulting therefrom. Moreover, Consultant with respect to any documents and materials that may
qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials
are hereby deemed"works made for hire"for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
01203.0006/524815.8 14
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered"voluntary"
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement,the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default,the City
may take necessary steps to terminate this Agreement under this Article. Any failure on the part
of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of
the City's legal rights or any rights arising out of any provision of this Agreement.
01203.0006/524815 8 15
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
01203.0006/524815.8 16
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the
sum of five hundred dollars ($500) as liquidated damages for each working day of delay in the
performance of any service required hereunder. The City may withhold from any monies payable
on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Consultant may determine. Upon receipt of any
notice of termination, Consultant shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Consultant has initiated
termination,the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the
opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
01203.0006/524815.8 17
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed,together with any and all costs, including attorneys' fees, incurred by City.
01203.0006/524815.8 18
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho
Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in the case of
the Consultant, to the person(s) at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72)hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
///
01203.0006/524815.8 19
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant's Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that(i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
01203.0006/524815.8 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
1re �
ayo
ATTR T:
Ile
APPROVED AS TO FORM:
ALESHIRE&WYNDER, LLP
City Attorney
CONSULTANT:
DANIEL B. lEPHENS &ASSOCIATES, INC.
By: /.r..
/
Na f- P es A. Kelsey, .
Tit - 'resident Air
By:
Name: G . Lass
Title: Secretary
Address: 3150 Bristol Street, Suite 210
Costa Mesa, California 92626
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01203.0006/524815.8 21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Lin cln,l7zd I On)
On ce.,13 t , 2019 before me, N,-,iarq R, 1.e. personally appeared Gar Lc, , proved to me on
the basis of satisfactory evidence to be the pelson(s)whose names(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct. LINDA PADILLA
�'- COMM. #2142880 z
=� * Nota Public•California j0
WITNESS my hand and official seal. re"'Vr= San Bernardino County
Comm. .'res Feb.20,2020
Signature: d(,✓►o, 1'Ck�rlr
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
El TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01203.0006/524815.8
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of
STATE OF NEW MEXICO
COUNTY OF BERNALILLO
On February 1, 2019 before me, Deborah J. Salvato, personally appeared James A. Kelsey, proved to me on the
basis of satisfactory evidence to be the person(s)whose names(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State • • --• - a • . - "• -••
paragraph is true and correct. �4 ::;.+"r",'. OFFIC ' L EAL
i;. , Deborah J. Salvato
WITNESS my hand and official seal. NOTARY PUBLIC
i
•mm• STATE OF � �ICO
Signature: ��?% �� My Commission Expires:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01203.0006/524815.8
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services: Consultant will complete a
hydrology study of the watershed, including a specific hydrologic information
and engineering analysis of the Canyons to identify where, what quantity, how,
and to what extent the stormwater infiltrates into the groundwater in the
Portuguese Bend Landslide Complex. Based on a the hydrology study and
resultant water balance analysis, Consultant will develop the engineering
analysis required to evaluate, and provide a design for, the lower portion of the
Portuguese Bend Landslide in order to convey the drainage runoff to the ocean
directly, and Consultant will provide the design and placement location to bring
about the quantity of groundwater extraction through horizontal drains (hydro-
augers) for the lower area of the landslide to achieve the design goals.
Summary of the Tasks:
• Review existing records and field inventory with design team.
• Perform Hydrology analysis and the water balance for the entire watershed.
• Determine areas that require fracture in-filling located south of Burma Road.
• Design of the Hydro-Augers, determine their placement, drainage design and
perform a cost-benefit analysis specific to proposed improvements.
• Provide utility identification and coordination for proposed construction activities.
• Develop construction plan sheets based on engineering design.
• Develop the Engineer's Estimate and estimated project cost and construction
schedule.
• Develop the Technical Specifications and applicable Special Provisions.
• Develop the Bid document package.
• Attend monthly meetings with regulatory agency interaction and answer questions
or requests for information (RFI)through the project bidding process).
• Develop all final project deliverables and as-built drawings.
• Update project Survey.
• Provide updates for the City's website specific to design services and public
outreach meetings.
• Attend meetings including project kickoff meeting, three City Council Meetings,
two public outreach meetings.
Services by Task
A. TASK A: Project kick-off meeting
1. Key members of Consultant's project team will meet with City staff to
outline the drainage and dewatering design project in detail before major
tasks commence. Consultant will present its proposed WBS and project
schedule along with a summary of the major tasks and its approach to each
task and subtask. The lines of communication between team members, the
01203.0006/524815 8 A-4
City and community, and other stakeholders will also be discussed. Data
needs from the City and major deliverables will be outlined in order to
achieve a common understanding regarding the overall project as well as
proposed methodologies, engineering technologies, and dewatering/
drainage and landslide mitigation goals.
B. TASK B: Review Existing Records/Field Inventory
1. Consultant has already comprehensively reviewed the key reports in the
City's document library during document compilation and review during
the Portuguese Bend Feasibility Study Update ("FS Update", found here:
http://www.rpvca.gov/documentcenter/view/12275) preparation. The key
documents and data will be further incorporated into new work as needed
in Consultant's planning and design tasks to be completed for the
proposed scope of work. Consultant will work with City staff to further
identify any additional documents to add to the library as needed.
C. TASK C: Develop Project Hydrology Analysis
Consultant will collect critical field data in order to perform an accurate and
meaningful Water Balance to support project design. Therefore, the Hydrologic
Analysis will include field data collection (Task Cl) to prepare an optimized
Water Balance to summarize available data and estimate the sources of
groundwater in the Red Zone area (Task C2). The Hydrologic Analysis will focus
on the Portuguese Canyon/Paint Brush Canyon Drainage Basin or subwatershed
("Hydrologic Analysis Area") as shown on the figure below. (See following
page.)
01203.0006/524815.8 A-5
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01203.0006/524815.8 A-6
D. TASK Cl. Field Data Collection
Field data collection will consist of the following activities:
1. Streambed survey. Consultant will conduct a field survey for the
streambeds in Portuguese Canyon, Ishibashi Canyon, and Paintbrush
Canyon and associated tributaries ("the Canyons"). The purpose of the
field survey is to identify areas of flat or impounded topography where
surface water may be subject to enhanced infiltration and groundwater
recharge and to characterize other properties of the streambeds that govern
groundwater recharge.
2. Synoptic streamflow discharge survey. Following a wet-weather event,
Consultant will collect streamflow discharge data at several locations
along the Canyons. This data will be used to identify sections of the
Canyons where streamflow may recharge to groundwater and to estimate
groundwater recharge. If flow in the measured reach of the stream has
decreased from upstream to downstream, the decrease may be attributed to
streamflow recharging groundwater. This type of survey is commonly
referred to as a "seepage run." Field methods will be consistent with U.S.
Geological Survey (USGS) techniques and will utilize staff gauges and
volumetric gauges (Rosenberry and LaBaugh, 2008). The timing of the
utility of this task is contingent on a suitable wet-weather event occurring
during the project period.
3. Surface water conveyance survey. Stormwater flowing through the
Canyons is currently routed to the Pacific Ocean through an existing storm
drain network constructed in the Red Zone area (figure shown on next
page). The surface conveyances will be visually surveyed to evaluate their
current location, condition, and current ability to transmit estimated peak
streamflow.
4. Groundwater well inspection survey. Information provided by the City
indicates that up to 20 dewatering wells have been constructed and
installed within the Hydrologic Analysis Area during previous mitigation
efforts. Except for four recent wells installed in 2016, no information
could be located that documents the well construction details, purpose of
each well (monitoring or dewatering), date of installation, well temporal
monitoring data, or the current status of the well, and the FS Update
recognized this limitation as a data gap that should be aggressively
addressed moving forward. Consultant will perform a well inspection
survey of wells in the Hydrologic Analysis Area, including, as appropriate,
down-hole video surveys and measurement of depth-to-groundwater,
wellhead elevation, well depth and diameter, and well screened interval.
Consultant will also perform limited aquifer testing of existing wells (e.g.,
slug tests) as a basis for estimating hydraulic aquifer properties.
01203.0006/524815.8 A-7
5. Irrigation Practices Survey. Within the Hydrologic Analysis Area,
landscape irrigation occurs within the Rolling Hills neighborhood and
adjacent City neighborhoods as well as within the Palos Verdes Nature
Preserve. Consultant will perform a visual field survey of landscape
irrigation practices, including irrigated areas, landscape vegetation (e.g.,
turf versus ornamentals), irrigation system, and the presence or absence of
overspray runoff to impervious surfaces that results in irrigation water
flow to the stormwater system. The irrigation practices survey will serve as
a basis for irrigation rate estimation for the water balance, described
below. Site access for Rolling Hills will be obtained by City.
E. TASK C2. Water Balance/Groundwater source assessment
1. Data collected under Task Cl, described above, will be used in
conjunction with data collected from previous studies to develop an
optimized Water Balance of the Hydrologic Analysis Area. Within the
Hydrologic Analysis Area, a supplemental water balance will also be
conducted for the area of greatest land movement within the Portuguese
Landslide Complex ("Red Zone ") (figure below, see next page)to identify
significant sources of groundwater recharge and support design of the
dewatering system.
01203.0006/524815.8 A-8
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01203.0006/524815.8 A-9
2. The Water Balance will consist of the following components:
a. Aquifer characterization and groundwater flow assessment.
Groundwater flow direction and volumetric flux will be estimated
based on the areal extent, thickness, and other physical
characteristics of the shallow aquifer underlying the Red Zone area
and canyons. To support this analysis, a groundwater elevation
map will be developed for the Hydrologic Analysis Area, and
cross-sections presented in the FS Update Appendix C will be
updated to project groundwater elevation throughout the upper
Canyon areas.
b. Groundwater data will be obtained from data collected under Task
Cl, from previous studies as summarized in the FS Update, and if
available from the California Statewide Groundwater Elevation
Monitoring (CASGEM) Program and State Water Resources
Control Board GeoTracker website.
c. Groundwater elevation maps will be used to generate contours of
groundwater elevation and resulting estimated horizontal flow
paths. Groundwater underflow into the Red Zone and groundwater
outflow to the Pacific Ocean will be estimated.
d. Watershed modeling/groundwater recharge from precipitation and
irrigation. Groundwater recharge by precipitation occurs aerially
throughout the Hydrologic Analysis Area, and is also focused
within sections of the streams during wet-weather flow. Consultant
will employ the Distributed Parameter Watershed Model (DPWM)
developed by Consultant for this purpose. Parameterization of the
DPWM will be completed with publically available data and data
collected in Task Cl. The widely-used Parameter-elevation
Regressions on Independent Slopes Model (PRISM) will be used
to generate precipitation rates that account for orographic effects
on a daily time step. Additional climactic data (e.g., wind speed,
temperature) will be accessed from local meteorological stations.
Vegetation data will be obtained from the USGS Gap Analysis
Program (GAP), and soils data will be obtained from the USDA
Soil Survey Geographic (SSURGO) and State Soil Geographic
(STATSGO) databases.
e. Irrigation rates will be estimated based on water-delivery records
(if available), the irrigation practices survey conducted under Task
C1, and literature references for irrigation rates in Southern
California (e.g., Costello and Jones, 2014). Irrigated areas will be
estimated based on the irrigation practices survey and review of
aerial photography.
01203.0006/524815 8 A-10
f. DPWM results will be documented in a series of maps and
diagrams that document model input data (e.g., topography, soils,
vegetation) and model simulated runoff volumes and deep
percolation to groundwater.
3. Septic system recharge. For domestic water users that use individual septic
systems, some of the household-consumed water is eventually recharged to
groundwater. The presence of septic systems within the Hydrologic
Analysis Area will be determined by comparison of the location of
residences and sewer infrastructure (e.g., FS Update Figure 7) in
consultation with appropriate City staff; it is assumed that septic systems
are present where residences are present and sewer pipes are absent. The
recharge rate for individual septic systems will be assumed to be 147.5
gallons per day (gpd) assuming 50 gpd per person based on a study of
septic system recharge within southern California (Hantzche and
Finnemore, 1992), and an average population of 2.95 persons per
household in California (U.S. Census Bureau, 2018). Alternatively, water
delivery records may be used if available to estimate domestic water usage
per household.
4. Change in groundwater storage. As reported in the FS Update,
groundwater levels have historically increased in this area due to increase
in the rate of groundwater recharge caused by the disruption of drainage
patterns and the opening of fissures and cracks following the onset of land
movement. Newly collected groundwater level data under Task Cl, above,
will be compared to historical groundwater-level data reported in the FS
Update to estimate the change in groundwater storage over time.
5. •Identification of Key Sources of Groundwater. Significant sources of
groundwater recharge to the Red Zone will be determined from the results
of the Water Balance. Groundwater recharge from all sources (e.g.,
irrigation, septic systems, precipitation) will be summarized in table and
graphical form. The results of the Water Balance will be used to provide
input on mitigation measures to reduce groundwater recharge. In addition,
DPWM will be used to support engineering design of the system
dewatering components.
F. TASK D. Fracture Sealing(In-filling)
As noted in historical reports for the Portuguese Bend area, stormwater has for
years flowed out of lower Portuguese, Ishibashi, and Paintbrush Canyons and
recharged directly into subsurface groundwater in the landslide head scarp area
south of lower Burma Road. Groundwater recharge in the head scarp area
promotes slope instability in the Portuguese Bend "Red Zone" area of greatest
displacement. Sealing this surface fracture area is key to preventing future
stormwater flow into the head scarp and additional lubrication of the slide plane
failure surface.
01203.0006/524815.8 A-11
1. This task consists of the following subtasks:
a. Field Survey
b. Evaluate Sealing Options
2. Consultant has already conducted a preliminary field survey of the fracture
areas while visiting the property on several dates in 2018. In addition,
Consultant obtained a high-resolution topographic map from the City that
shows landslide area topography with 1-foot elevation contours. The
topographic map shows several fractures in the landslide head scarp area.
Consultant imported the map into its GIS. Consultant will utilize the GIS
system to systematically identify key existing fractures before a
supplemental field survey is planned and completed. The GIS work and
site walk will be completed to inventory the fractures that need to be
targeted for sealing. A list of fractures will be prepared that itemizes each
fracture area and approximates the length, depth, and width of the fracture
that needs to be sealed. A map will be produced showing each fracture and
the existing habitat at each location. Total fracture volume can then be
estimated in order to develop an overall approach to the task and specify
the appropriate equipment and fracture sealant.
Several options will be evaluated for fracture sealing that include a variety
of equipment, materials, and methods. Various sealing media will be
considered such as fill soil, bentonite clay, or soil-cements. Sealant
delivery options are anticipated to include simple mixing and pumping as
well as mobile long-reach grout rigs. Each option will be presented as a
line item in a detailed table that presents a technology summary,
advantages, disadvantages, effectiveness, estimated longevity, costs, and
other factors, such as potential habitat impacts. The table of options will
be presented to the city and community for discussion and evaluation that
will ultimately lead to selecting the best option.
G. TASK E: City Council Meetings
Consultant's anticipated agenda for each meeting:
1. Meeting 1: A preliminary draft schematic design for drainage and
dewatering will be presented to the City Council for review and approval
prior to proceeding beyond 30%design.
2. Meeting 2: A draft revised pre-construction design incorporating City
Council and City staff direction will be presented to the City Council for
further review and approval.
01203.0006/524815.8 A-12
3. Meeting 3: A final 100% construction-ready design will be presented to
the City Council. Consultant will prepare PowerPoint files for each
meeting for overhead presentation to the City Council and public meeting
attendees. Each PowerPoint presentation will summarize the completed
work to date and illustrate the proposed engineering options for review,
discussion, and approval. Consultant will prepare and distribute meeting
minutes highlighting action items.
H. TASK F. Public Outreach Meetings
Consultant has planned and budgeted for two community outreach meetings, if
desired by the City. The meetings are anticipated to be completed at important
design milestones. Consultant will receive public comments, including after the
30-day comment period, and prepare a response-to-comments (RTC) document to
form the basis for continued discussion and interaction with the community as
final designs are selected and approved. The City Council will review and approve
the RTC document. Two meetings are anticipated for this Project:
1. Meeting 1: Present and discuss draft proposed plans and receive and
discuss community feedback.
2. Meeting 2: Present and discuss final construction-ready design and receive
and discuss community feedback. Consultant will prepare electronic
presentations using Powerpoint for each meeting for overhead
presentation. Each presentation will summarize the completed work to-
date and illustrate the proposed draft and final engineering options for
review, discussion, and approval. Consultant will prepare and distribute
meeting minutes highlighting action items.
I. TASK G: Hydro Augers
1. Design of Hydro-Auger System — Conceptual. In addition to reduction of
infiltration,this task includes the following goals:
a. Reduce artesian pressures below the basal failure surface
b. Reduce steady-state seepage (groundwater flow).
Both goals will be achieved by designing and installing a system of
hydro-augers. The first set of hydro-augers will be advanced below
the postulated basal failure surface to relieve the artesian pressure
within the bottom portion of the slide. These hydro-augers will not
be significantly affected (i.e., sheared-off, as would likely happen
for conventional vertical pumping wells drilled through the base of
the landslide) by the current relatively large movement of the
sliding mass (presently, on the order of 8 ft/yr). Following the
initial mitigation stage to achieve artesian pressure relief and
01203.0006/524815.8 A-13
reduced infiltration, additional hydro-augers will be installed (with
penetration into the sliding mass) to lower the groundwater
elevation, reduce steady-state seepage forces, and improve the
redundancy and overall longer-term performance of the dewatering
system. To enhance drainage/relief of artesian water pressure, a
"casing perforating device" may be used. This device is a
perforating gun to provide effective flow communication between
a cased wellbore and formation water.
2. Design of Hydro-Auger System - Technical
Consultant's preliminary design of the proposed hydro-auger system will
be based upon the existing information in the FS Update. However,
Consultant may propose supplemental subsurface investigation, if
Consultant finds that such information would fill needed data gaps and
benefit the project, (i.e., would reduce the number and length of hydro-
augers). This approach is further described in the "Value
Engineering/Monitoring Success" section of this task.
The proposed hydro-auger system will be designed based upon the results
of engineering evaluations, including 3-D seepage and slope stability
analyses. These engineering evaluations will build upon the previous work
by the Consultant that was conducted as a component of the FS Update, as
follows:
a. Expand the 3-D slope stability model (depicted in figure above)
with SVSLOPE (https://soilvision. com/product/syslope) of the site
to include additional areas affected by landsliding that require
mitigation or otherwise influence landsliding, as necessary. The
original 3-D slope stability was built as a component of the FS
Update
b. Refine and update the groundwater elevation surface based upon
the results of the Water Balance Study described above
c. Apply steady-state seepage and artesian pressure modeling options
to more accurately represent the observed phenomena using the
program SVFLUX which directly interacts with SVSLOPE
(https://soilvision.com/products/ svoffice-ge/svflux-ge). For the FS
Update, the 3-D slope stability model included only the manually-
entered, best estimate of the piezometric surface, and it only
indirectly considered artesian pressure
d. Calibrate the model with updated piezometric surface using output
from the Hydrology Analysis as available, steady-state seepage,
and artesian pressure to match the observed conditions (i.e., Factor
of Safety (FS) approximately equal to 1.0 (sliding); up to 8 feet per
01203.0006/524815.8 A-14
year of measured gross displacement) and validate the results using
a 2D analysis of a critical cross section)
e. Evaluate the effect of"low infiltration" (e.g., using the results of
the Water Balance, calculate how long will it take to increase FS to
1.25 and 1.5 and hence mitigate displacements
f. Evaluate the following parameters of the hydro-auger system: (i)
location of hydro-augers; (ii) number of hydro-augers; (iii) spatial
orientation of hydro-augers; (iv) length of hydro-augers; and (v)
diameter of hydro-augers. This evaluation will be an iterative
process that also includes cost and time considerations. As
discussed in the RFP, concurrence by the City will be sought for
each"critical" step of this process
Upon completion of Step 6, Consultant will develop an implementation
schedule (i.e., Gant Chart), design drawings, and technical specifications,
and will develop a bid package. Relevant calculations will be submitted
electronically (e.g., PDF) with the drawing and specification package, as
requested by the City. The constructability and standard detail
requirements will be developed in consultation with our proposed drilling
subcontractor, Directed Technologies Drilling(DTD).
Consultant will also evaluate vertical groundwater extraction wells in this
task. Vertical extraction wells are a traditional and effective groundwater
extraction technology where installed in appropriate subsurface conditions.
However, vertical wells in the Portuguese Bend landslide complex have
proven to be problematic given continual slope failure and land
displacement. As a result, as discussed in the FS Update, vertical wells are
anticipated to be more cost-effective if installed later in the mitigation
program once some slope stability has been achieved with other means,
such as hydro-augers. A vertical wells plan, if appropriate, will include
design,placement, and cost estimates.
3. Value Engineering/Monitoring the Success
Consultant's preliminary design of the proposed hydro-auger system will
be based upon existing information provided by the City. It will be
developed at a level suitable for development of a bid package.
Implementation of the hydro-auger installation will be designed to occur in
phases, as discussed in the FS Update. This will allow for review of
additional information gathered during each phase of installation, and
potential adjustment of the design (if it benefits the project). For example,
during the first phase of the implementation,hydro-auger boreholes will be
logged, sampled, and tested, and flow out of the holes will be recorded.
This is valuable information that will be processed, evaluated, and input
01203.0006/524815.8 A-15
into our 3-D model of the site. The model will be re-run, and the number
and length of hydro-augers might be adjusted accordingly.
Additional information that will benefit the project includes:
• Current (at the onset of the project/3-D modeling) information
on groundwater elevation, flow direction, and artesian pressure
along the basal failure surface
• Information on the basal shear surface (more accurate elevation
contours within the area affected by landsliding)
• Information on landslide movement(monument survey)
As discussed in the FS Update, information on file, for all three items
listed above, is (or will be) dated, and may not be accurate at the level that
would most benefit the project. Therefore, during the implementation
phase of this project, Consultant may propose to advance and instrument
up to three boreholes. The boreholes will be advanced within the bottom
third of the landslide mass and will extend beyond the postulated basal
failure surface. They will be instrumented with: (a) vibrating wire
piezometer; and (b) Time Domain Reflectometers (tilt meters).
Representative soil samples for laboratory testing (saturated hydraulic
conductivity below and above failure plane)will be recovered as well.
4. Cost-Benefit Analysis
Consultant will complete a cost-benefit analysis regarding hydro-
auger design, installation, and maintenance compared to the
ongoing maintenance cost associated with maintaining Palos
Verdes Drive South. The cost/benefit analysis will compare the
routine costs and benefits of periodic roadway assessment and
repair with the key issues related to the advantages and potential
disadvantages of hydro-augers including long-term and short-term
costs, slope stability, and short-term and long-term benefits. The
analysis will consist of a series of order-of-magnitude costing
tables and a summary table summarizing and scoring the pros and
cons of each option. Given the compromised nature of the current
roadway, the analysis would not be complete without considering
complete roadway collapse and repair due to an episodic slope
failure event. Consultant's cost-benefit analysis will also consider
this scenario.
J. TASK H: Utility Coordination
Consultant will contact and coordinate with the appropriate public utilities
to ensure that utility lines and infrastructure are fully identified and
01203.0006/524815.8 A-16
protected during upcoming design planning for construction work.
Consultant has already identified several utility line locations during
property area site walks and using the City GIS layers.
Sewer lines, storm lines, and potable water lines in the landslide complex
are already input to the GIS system that Consultant prepared for the FS
Update and are ready for use during design document preparation.
K. TASK I: Prepare construction plans
Based on the results of our engineering evaluations, Consultant will prepare a set
of full-size construction plans (scaled 22 inches x 34 inches) for the proposed
remedial measures. Key features to be included in the construction plan
correspond to the expanded sheet titles, as outlined below:
1. Title sheet, showing site vicinity map
2. Construction notes sheet
3. Existing conditions, including site topography, existing utilities, and
pertinent site features, such as channel alignments, and fractures
4. Drainage plan showing limits of lined channel installation and fracture
infilling(i.e., fracture locations and planned equipment layout)
5. Groundwater extraction plan, showing tentative hydro-auger installation
plan and section views as well as locations of vertical extraction wells, if
any, included in the design; hydro-auger installation plan will show entry
and exit pit locations, diameter, alignment, and confirmatory geotechnical
borings for the proposed drains; Drains to be installed first(the first phase)
will be clearly labelled
6. Monitoring plan showing locations of instrumentation for evaluating
effectiveness of the remedial measures; instrumentation will include
existing and proposed survey control points, TDRs, and vibrating wire
piezometers
7. Erosion control plan, showing locations and types of temporary (i.e., in-
place during construction and, potentially, removed at the end of
construction) and permanent (i.e., to remain post-construction) erosion
control BMPs
8. Grading plan for provision of laydown areas, equipment access, and
working platforms for installation of remedial measures
9. Detail sheets for surface water and erosion control, including fracture infi
lling, geosynthetics design for channel lining, and temporary and
permanent erosion control BMPs
01203.0006/524815.8 A-17
10. Detail sheets for the first phase of hydro-auger installation and
development
11. Detail sheets for the first phase instrumentation design and installation
12. Construction plans will be submitted to the City in electronic (AutoCAD)
format for review and comment at the 30%, 60%, and 90% design
completion stages. At the 30% design stage, Consultant will also perform
internal peer review of the designs for constructability of the proposed
features. Consultant will incorporate City comments and deliver an
electronic copy of the bid-ready plan set at the 100% design stage.
L. TASK K. Prepare Engineer's Estimate
Consultant will develop an engineer's estimate for the proposed remedial work
during preparation of the 60% design construction plans, including construction
quantities and construction quality assurance program costs. This will be an order-
of-magnitude cost estimate for planning purposes and will be developed based on
a combination of Consultant in-house cost data for recent similar construction
projects, publicly available data (e.g., Caltrans, FHWA), and discussions with the
Consultant team subcontractors.
M. TASK L. Prepare technical specifications and applicable special provisions
1. At the 30% completion stage, Consultant will outline Technical
Specifications and will complete their development at 90% design stage.
Work will also include construction quality control guidance for the
proposed remedial work. Key features to be addressed in our specifications
package include:
a. Geosynthetics material and installation guidance for channel lining
b. Material type and delivery method for fracture infill
c. Pipe material and installation method for horizontal drainage
d. Drilling fluid management for directional drilling
e. Instrumentation installation and monitoring procedures
f. Earthworks for incidental grading
g. Applicable APWA Green Book guidance
h. Erosion control measures, including typical BMPs, guidance based
on NPDES permit requirements, and guidance based on provisions
of the Clean Water Act
01203.0006/524815.8 A-18
i. Recommended inspection and maintenance regimen for hydro-
augers, channel lining, and fracture infill
2. Per City requirements, technical specifications will be submitted in hard
copy and electronic formats. At the 90% completion stage, Technical
Specifications will be provided in electronic format (Microsoft Word).
Revised specifications will be submitted in hard copy and electronic
formats at the 100%design stage.
N. TASK M. Prepare Bid Document Package
Upon the City's acceptance of the 100% design stage plans and specifications,
Consultant will provide support to the City for development of a bid package. The
City will provide an example Bid Document Package and will provide front-end
Technical Specifications (including the format for the Notice to Bidders, Table of
Contents, General Provisions, Special Provisions, and format for Bid and Contract
sections). Consultant will develop Special Provisions by combining project-
specific special provisions with the City's Special Provisions. Project Plan Sheets
will be referenced in the Bid Documents as an attachment. The assembled Bid
Document Package will be provided to the City in electronic format (i.e., PDF,
Microsoft Word, and AutoCAD, as appropriate).
0. TASK N: Attend meetings and answer RFIs
For this task, Consultant will be available to attend monthly meetings with the
City and the Ad-hoc Committee during design plan preparation to provide project
activity updates and to receive and discuss City input, review, and comment.
Consultant will also attend meetings at the City offices during the pre-bid and pre-
construction phases of the project to coordinate with the City staff and prospective
bidders regarding bid questions, clarifications, and requirements. Consultant will
respond to Requests for Information(RFIs) during the bidding phase of the project
as needed. A total of four(4) meetings at the City are estimated for this task.
P. TASK 0: Final Deliverables&As-Builts
Consultant's deliverable for the pre-bid phase will include bid-ready plans,
specifications, and a bid package provided to the City in hard copy and electronic
formats, as applicable. At the end of the construction, (i.e., in the implementation
phase, not as a part of this design-phase scope of work), Consultant will
commission an "As-Built" survey of the constructed improvements and submit
full-size (i.e., 22 inches x 34 inches) drawings electronically in AutoCAD and
PDF formats.
Q. TASK P: Estimated Construction Project Schedule
Consultant will prepare an itemized overall project construction schedule as part
of the overall deliverables. The schedule will be built in MS Project and converted
01203.0006/524815.8 A-19
to a suitable format for the City if needed such as pdf. The draft schedule will be
reviewed by City staff and comment will be incorporated into the draft before a
final schedule is prepared.
R. TASK Q: Project Surveying
DBS&A has teamed with McGee Surveying Consulting for this task. After
incorporating earlier surveys that started in 1994, McGee Surveying has
completed the City's annual GPS surveys of the landslide complex monuments
since 2007 to document land movement on an annual basis in the Portuguese
Bend area. The annual McGee Surveying reports form the basis for quantification
of overall land displacement and definition of the "Red Zone" area of greatest
land movement in the landslide complex. Consultant and McGee Surveying will
ensure that any future work is conducted consistent with the methodology of the
past work, consistent with the California Professional Land Surveyor's Act, while
protecting and maintaining the established survey monuments in the area. All
reports as appropriate will be submitted to Los Angeles County to be recorded.
Relevant surveying details will be incorporated into draft and final drainage and
dewatering design plans as needed.
S. Consultant Assumptions.
1. Consultant and its subcontractors will be able to access the
proposed exploration and improvement locations during standard working
hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.). Access to fenced
areas of the site will be granted, if needed, by the City's Contract Officer.
2. Any required permits from regulatory agencies such as state,
county, and federal/USACE, which are required for construction are not
included in the Services and will be dealt with as part of environmental
CEQA review.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City.
A. Deliverables (work products that will, per State DCA requirements, be
stamped/sealed by PE, GE, CEG, and or PG) include:
1. Civil/Geotechnical Design Report(Draft and Final)
2. Design Package
3. Technical Specifications (outlined at 30%, developed at 60%, 90%
and 100%);
4. Design Drawings (30%, 60%, 90%and 100%);
5. Special Provisions (30%, 60%, 90%and 100%);
01203.0006/524815.8 A-20
6. Engineer's Estimate (90%and 100%); and
7. Bid Package (Draft and Final).
8. Only the final (100%) level work products will be signed/sealed.
Deliverables will be developed based upon topographic, geologic,
hydrogeologic, and other information provided by the City.
B. Project construction schedule
C. Project cost estimate
D. Responses to RFIs
E. Consultant will ensure that all sites where field work is conducted are left in the
same or better condition as before the work, and that any dangerous condition
created by any field work is mitigated at the conclusion of the work. Consultant
shall promptly remove all equipment, trash, and other indications of any field
work.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering the
following status reports:
A. Consultant will work with City staff throughout the project to prepare and submit
documents, images, and maps, meeting notes, progress reporting,
communications, event timelines, etc., suitable for upload to the City website for
public review. Consultant will prepare the website updates on at least a monthly
basis for the duration of the project including submittals after public meetings and
outreach events.
B. Project status meeting summary reports (monthly)
C. Updated design project schedule
IV. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
V. Consultant will utilize the following personnel to supervise the design team:
A. S. Cullen, Principal Professional II
B. N. Matasovic, Principal Professional I
C. J. Dodge,Principal Professional I
01203.0006/524815.8 A-21
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold underline, and deleted text is indicated in,trikethrough.
I. Section 1.9,Additional Services, is amended to read:
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the City Council Contract Officer. Any greater increases
to the cost or schedule, taken either separately or cumulatively, must be approved by the City
Council. It is expressly understood by Consultant that the provisions of this Section shall not
apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges
that it accepts the risk that the services to be provided pursuant to the Scope of Services may be
more costly or time consuming than Consultant anticipates and that Consultant shall not be
entitled to additional compensation therefor. City may in its sole and absolute discretion have
similar work done by other contractors.No claims for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
II. Section 3.2, Schedule of Performance, is amended to read:
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Censultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty(180) days cumulatively.
III. Section 4.5,Prohibition Against Subcontracting or Assignment, is amended to tread:
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
01203.0006/524815 8 B-1
required hereunder without the express written approval of the City. Subconsultants Directed
Technologies Drilling, Inc. and McGee Surveying Consulting are deemed approved. In
addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of
creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder
shall include the transfer to any person or group of persons acting in concert of more than twenty
five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into
account on a cumulative basis. In the event of any such unapproved transfer, including any
bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the
Consultant or any surety of Consultant of any liability hereunder without the express consent of
City.
IV. Section 6.5, Consultant Responsibility, is added as follows:
6.5 Consultant Responsibility.
Consultant will provide GPS survey information to adequately adjust the 2015 survey
provided by the City. Consultant ensures the accuracy of the adjusted topographic survey at
the time of design, and accepts full responsibility that the survey is sufficiently accurate for
design purposes.
Consultant will not be responsible for any movement of the Portuguese Bend landslide
complex, or any landslides in the vicinity, that is not proximately caused by Consultant's sole
gross negligence under this Agreement, or any loss or damage resulting therefrom.
V. Section 7.7,Liquidated Damages, is deleted in its entirety.
01203.0006/524815.8 B-2
EXHIBIT"C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services in accordance with the bid schedule attached
herewith as Exhibit"C-1."
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as part of the final payment upon satisfactory completion of
services.
NOT APPLICABLE
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice.Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. The Consultant's billing rates for all personnel are attached as Exhibit C-1.
NOT APPLICABLE
01203.0006/524815.8 C-1
EXHIBIT "C-1"
SCHEDULE OF COMPENSATION BY TASK
01203.0006/524815 8 C-2
frp o
00
_ Cost Estimate
,,,si Daniel B. Stephens & Associates, Inc.
Client Name: City of Rancho Palos Verdes Date: December 6,2018
Project Name: Engineering Analysis, Evaluation,and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
Project Kickoff(1)/City Council(3)/Public Outreach(2)Meetings
SERVICES UNIT UNIT FEE QUANTITY COST
Principal Professional II S.Cullen Hour $ 250.00 36 $ 9,000.00
Principal Professional I N. Matasovic Hour 224.00 24 5,376.00
Principal Professional I M.Yacyshyn Hour 204.00
Principal Professional I J. Dodge Hour 204.00 60 12,240.00
Senior Professional I J. Russell Hour 204.00
Senior Professional I G.Schnaar Hour 204.00
Project Professional III M.Vincent Hour 173.00
Project Professional III A.Witthoeft Hour 173.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00
Senior Technical Editor R.Faye Hour 128.00 4 512.00
CADD/GIS/Data Base II Staff Hour 110.00
Technician III Staff Hour 97.00
Project Assistant II Staff Hour 85.00
Subtotal: 124 $ 27,128.00
EXPENSES MARKUP I UNIT UNIT FEE QUANTITY I COST
Miles mi $ 0.56 750 $ 420.00
0.56
Subtotal: $ 420.00
Total Direct Cost 27,548.00
Markup on third party services 0.00
SUBTOTAL $ 27,548.00
TOTAL $ 27,548.00
NOTES:
el'-'
i'''' Cost Estimate
-„,,sDaniel B. Stephens & Associates, Inc.
Client Name: City of Rancho Palos Verdes Date: December 6,2018
Project Name: Engineering Analysis, Evaluation,and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
Review Existin• Records/Field Invento with Design Team
SERVICES UNIT UNIT FEE QUANTITY I COST
Principal Professional II S.Cullen Hour $ $250.00 1 $ 250.00
Principal Professional I N.Matasovic Hour $224.00 1 224.00
Principal Professional I M.Yacyshyn Hour $204.00
Principal Professional I J. Dodge Hour $204.00 2 408.00
Senior Professional I J.Russell Hour $204.00
Senior Professional I G.Schnaar Hour $204.00
Project Professional III M.Vincent Hour $173.00
Project Professional III A.Witthoeft Hour $173.00
Project Professional I Staff Hour $161.00
Staff Professional III DC/HE/PK Hour $135.00
Senior Technical Editor R.Faye Hour $128.00
CADD/GIS/Data Base II Staff Hour $110.00
Technician III Staff Hour $97.00
Subtotal: 4 $ 882.00
I I
Subtotal: $ 0.00
Total Direct Cost 882.00
Markup on third party services 0.00
SUBTOTAL $ 882.00
TOTAL $ 882.00
NOTES:
f,
o __ Cost Estimate
�mcs
Daniel B. Stephens & Associates, Inc.
Client Name: City of Rancho Palos Verdes Date: November 12,2018
Project Name: Engineering Analysis, Evaluation,and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
Hydrology Analysis/Water Balance(entire Watershed)
SERVICES UNIT I UNIT FEE QUANTITY I COST
Principal Professional II S. Cullen Hour $ 250.00 50 $ 12,500.00
Principal Professional I N. Matasovic Hour 224.00
Principal Professional I M.Yacyshyn Hour 204.00
Principal Professional I J. Dodge Hour 204.00 60 12,240.00
Senior Professional I J. Russell Hour 204.00
Senior Professional I G.Schnaar Hour 204.00 200 40,800.00
Project Professional III M.Vincent Hour 173.00
Project Professional Ill A.Witthoeft Hour 173.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00 350 47,250.00
Senior Technical Editor R.Faye Hour 128.00 4 512.00
CADD/GIS/Data Base II Staff Hour 110.00 72 7,920.00
Technician Ill Staff Hour 97.00 40 3,880.00
Subtotal: 776 $ 125,102.00
EXPENSES I MARKUP I UNIT I UNIT FEE I QUANTITY I COST
Contingency 1.00 1,000 1,000.00
Miles-OC-RPV 0.56 300 168.00
misc equip/mtrls/vendor 8,500.00 1 8,500.00
Subtotal: $ 9,668.00
Total Direct Cost 134,770.00
Markup on third party services 0.00
SUBTOTAL $ 134,770.00
TOTAL $ 134,770.00
NOTES:
,P 9'a
00
r ,a Cost Estimate
„,..._ Daniel B. Stephens & Associates, Inc.
Client Name: City of Rancho Palos Verdes Date: November 12, 2018
Project Name: Engineering Analysis, Evaluation,and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
_ Fracture In-Filling(south of Burma Road)
SERVICES I UNIT I UNIT FEE QUANTITY I COST
Principal Professional II S. Cullen Hour $ 250.00 8 $ 2,000.00
Principal Professional I N. Matasovic Hour 224.00 8 1,792.00
Principal Professional I M.Yacyshyn Hour 204.00
Principal Professional I J. Dodge Hour 204.00 12 2,448.00
Senior Professional I J. Russell Hour 204.00
Senior Professional I G. Schnaar Hour 204.00
Project Professional III M.Vincent Hour 173.00
Project Professional III A.Witthoeft Hour 173.00 8 1,384.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00 8 1,080.00
Senior Technical Editor R.Faye Hour 128.00
CADD/GIS/Data Base II Staff Hour 110.00
Technician III Staff Hour 97.00
Subtotal: 44 $ 8,704.00
EXPENSES I MARKUP I UNIT UNIT FEE QUANTITY I COST
$ $
Subtotal: $ 0.00
Total Direct Cost 8,704.00
Markup on third party services 0.00
SUBTOTAL $ 8,704.00
TOTAL $ 8,704.00
NOTES:
P +.
O°° �•'°0 Cost Estimate
-, Daniel B. Stephens & Associates, Inc.
cm',•
Client Name: City of Rancho Palos Verdes Date: December 6,2018
Project Name: Engineering Analysis, Evaluation, and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
_ Hydro-Au•ers/Desi•n/Cost-Benefit Anal sis/Alternatives
SERVICES I UNIT I UNIT FEE QUANTITY I COST
Principal Professional II S. Cullen Hour $ 250.00 $
Principal Professional I N. Matasovic Hour 224.00 175 39,200.00
Principal Professional I M.Yacyshyn Hour 204.00 24 4,896.00
Principal Professional I J. Dodge Hour 204.00
Senior Professional I J. Russell Hour 204.00 40 8,160.00
Senior Professional I G.Schnaar Hour 204.00
Project Professional III M.Vincent Hour 173.00 50 8,650.00
Project Professional III A.Witthoeft Hour 173.00 496 85,808.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00
Senior Technical Editor R.Faye Hour 128.00
CADD/GIS/Data Base II Staff Hour 110.00
Technician III Staff Hour 97.00
Subtotal: 785 $ 146,714.00
EXPENSES I MARKUP UNIT I UNIT FEE I QUANTITY I COST
$ $
DTD N/C
Design services
Software LS 9,500.00 1 9,500.00
Subtotal: $ 9,500.00
Total Direct Cost 156,214.00
Markup on third party services 0.00
SUBTOTAL $ 156,214.00
TOTAL $ 156,214.00
NOTES:
Cost Estimate
Daniel B. Stephens & Associates, Inc.
Client Name: City of Rancho Palos Verdes Date: December 6,2018
Project Name: Engineering Analysis, Evaluation,and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
Utility Coordination
SERVICES I UNIT UNIT FEE I QUANTITY COST
Principal Professional II S.Cullen Hour $ 250.00 $
Principal Professional I N. Matasovic Hour 224.00
Principal Professional I M.Yacyshyn Hour 204.00
Principal Professional I J. Dodge Hour 204.00 2 408.00
Senior Professional I J. Russell Hour 204.00
Senior Professional I G.Schnaar Hour 204.00
Project Professional III M.Vincent Hour 173.00
Project Professional III A.Witthoeft Hour 173.00 2 346.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00
Senior Technical Editor R.Faye Hour 128.00
CADD/GIS/Data Base II Staff Hour 110.00
Technician III Staff Hour 97.00
Subtotal: 4 $ 754.00
EXPENSES I MARKUP I UNIT I UNIT FEE QUANTITY I COST
$ $
Subtotal: $ 0.00
Total Direct Cost 754.00
Markup on third party services 0.00
SUBTOTAL $ 754.00
TOTAL $ 754.00
NOTES:
¢r ea
00 ��'°a Cost Estimate
,N, Daniel B. Stephens & Associates, Inc.
„i'
Client Name: City of Rancho Palos Verdes Date: December 6,2018
Project Name: Engineering Analysis, Evaluation,and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
_ Construction Plans(Sheets)based on Engineering Design
SERVICES I UNIT UNIT FEE I QUANTITY I COST
Principal Professional II S. Cullen Hour $ 250.00 $
Principal Professional I N. Matasovic Hour 224.00 76 17,024.00
Principal Professional I M.Yacyshyn Hour 204.00 16 3,264.00
Principal Professional I J. Dodge Hour 204.00
Senior Professional I J. Russell Hour 204.00 20 4,080.00
Senior Professional I G. Schnaar Hour 204.00
Project Professional III M.Vincent Hour 173.00 32 5,536.00
Project Professional III A.Witthoeft Hour 173.00 180 31,140.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00
Senior Technical Editor R.Faye Hour 128.00
CADD/GIS/Data Base II Staff Hour 110.00
Technician III Staff Hour 97.00
Subtotal: 324 $ 61,044.00
EXPENSES I MARKUP I UNIT I UNIT FEE QUANTITY I COST
$ $
copy service estim 2,500.00 1 2,500.00
Subtotal: $ 2,500.00
Total Direct Cost 63,544.00
Markup on third party services 0.00
SUBTOTAL $ 63,544.00
TOTAL $ 63,544.00
0
�''m Cost Estimate
Daniel B. Stephens & Associates, Inc.
Client Name: City of Rancho Palos Verdes Date: December 6,2018
Project Name: Engineering Analysis, Evaluation, and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
Engineer's Estimate
SERVICES I UNIT UNIT FEE QUANTITY I COST '
Principal Professional II S. Cullen Hour $ 250.00 $
Principal Professional I N. Matasovic Hour 224.00 12 2,688.00
Principal Professional I M.Yacyshyn Hour 204.00 4 816.00
Principal Professional I J. Dodge Hour 204.00
Senior Professional I J. Russell Hour 204.00 4 816.00
Senior Professional I G. Schnaar Hour 204.00
Project Professional III M.Vincent Hour 173.00 8 1,384.00
Project Professional III A.Witthoeft Hour 173.00 32 5,536.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00
Senior Technical Editor R.Faye Hour 128.00
CADD/GIS/Data Base II Staff Hour 110.00
Technician III Staff Hour 97.00
Subtotal: 60 $ 11,240.00
EXPENSES I MARKUP I UNIT I UNIT FEE I QUANTITY COST
$ $
Misc Consumables LS 500.00 1 500.00
Subtotal: $ 500.00.
Total Direct Cost 11,740.00
Markup on third party services 0.00
SUBTOTAL $ 11,740.00
TOTAL $ 11,740.00
NOTES:
/P m
0 m`'m Cost Estimate
Daniel B. Stephens & Associates, Inc.
Client Name: City of Rancho Palos Verdes Date: December 6,2018
Project Name: Engineering Analysis, Evaluation,and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
Technical Specifications and Applicable Special Provisions
SERVICES I UNIT I UNIT FEE QUANTITY I COST
Principal Professional II S. Cullen Hour $ 250.00 $
Principal Professional I N. Matasovic Hour 224.00 16 3,584.00
Principal Professional I M.Yacyshyn Hour 204.00 4 816.00
Principal Professional I J. Dodge Hour 204.00
Senior Professional I J. Russell Hour 204.00 4 816.00
Senior Professional I G. Schnaar Hour 204.00
Project Professional III M.Vincent Hour 173.00 8 1,384.00
Project Professional III A.Witthoeft Hour 173.00 40 6,920.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00
Senior Technical Editor R.Faye Hour 128.00
CADD/GIS/Data Base II Staff Hour 110.00
Technician III Staff Hour 97.00
Subtotal: 72 $ 13,520.00
EXPENSES I MARKUP I UNIT UNIT FEE I QUANTITY I COST
$ $
Misc Consumables LS 500.00 1 500.00
Subtotal: $ 500.00
Total Direct Cost 14,020.00
Markup on third party services 0.00
SUBTOTAL $ 14,020.00
TOTAL $ 14,020.00
NOTES:
�P
E(
Cost Estimate
Daniel B. Stephens & Associates, Inc.
Client Name: City of Rancho Palos Verdes Date: December 6,2018
Project Name: Engineering Analysis, Evaluation,and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
_ Bid Document Package
SERVICES I UNIT UNIT FEE QUANTITY I COST
Principal Professional II S.Cullen Hour $ 250.00 $
Principal Professional I N. Matasovic Hour 224.00 12 2,688.00
Principal Professional I M.Yacyshyn Hour 204.00 4 816.00
Principal Professional I J. Dodge Hour 204.00
Senior Professional I J. Russell Hour 204.00 4 816.00
Senior Professional I G. Schnaar Hour 204.00
Project Professional III M.Vincent Hour 173.00 4 692.00
Project Professional III A.Witthoeft Hour 173.00 28 4,844.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00
Senior Technical Editor R.Faye Hour 128.00
CADD/GIS/Data Base II Staff Hour 110.00
Technician III Staff Hour 97.00
Subtotal: 52 $ 9,856.00
EXPENSES I MARKUP I UNIT I UNIT FEE I QUANTITY I COST
Misc Consumables I I LS I 500.00 1 $ 500.00
Subtotal: $ 500.00
Total Direct Cost 10,356.00
Markup on third party services 0.00
SUBTOTAL $ 10,356.00
TOTAL $ 10,356.00
NOTES:
ft
,.7 i •
• Cost Estimate
Daniel B. Stephens & Associates, Inc.
Client Name: City of Rancho Palos Verdes Date: December 6,2018
Project Name: Engineering Analysis, Evaluation,and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
_ Attend Monthly Meetings with Regulatory Interaction/Answer Questions RFI(Pre-bid)
SERVICES I UNIT I UNIT FEE QUANTITY COST
Principal Professional II S. Cullen Hour $ 250.00 12 $ 3,000.00
Principal Professional I N. Matasovic Hour 224.00 30 6,720.00
Principal Professional I M.Yacyshyn Hour 204.00
Principal Professional I J. Dodge Hour 204.00 30 6,120.00
Senior Professional I J. Russell Hour 204.00
Senior Professional I G. Schnaar Hour 204.00
Project Professional III M.Vincent Hour 173.00
Project Professional III A.Witthoeft Hour 173.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00
Senior Technical Editor R.Faye Hour 128.00
CADD/GIS/Data Base II Staff Hour 110.00
Technician III Staff Hour 97.00
Subtotal: 72 $ 15,840.00
EXPENSES I MARKUP I UNIT UNIT FEE QUANTITY I COST
Subtotal: $ 0.00
Total Direct Cost 15,840.00
Markup on third party services 0.00
SUBTOTAL $ 15,840.00
TOTAL $ 15,840.00
NOTES:
�P e
7 'm o
o''' Cost Estimate
Nts ,-- Daniel B. Stephens & Associates, Inc.
Client Name: City of Rancho Palos Verdes Date: December 6,2018
Project Name: Engineering Analysis, Evaluation,and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
_ Final Deliverables and As-Builts
SERVICES I UNIT UNIT FEE I QUANTITY I COST
Principal Professional II S.Cullen Hour $ 250.00 8 $ 2,000.00
Principal Professional I N. Matasovic Hour 224.00 20 4,480.00
Principal Professional I M.Yacyshyn Hour 204.00 4 816.00
Principal Professional I J. Dodge Hour 204.00
Senior Professional I J. Russell Hour 204.00 4 816.00
Senior Professional I G. Schnaar Hour 204.00
Project Professional III M.Vincent Hour 173.00 12 2,076.00
Project Professional III A.Witthoeft Hour 173.00 52 8,996.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00
Senior Technical Editor R.Faye Hour 128.00
CADD/GIS/Data Base II Staff Hour 110.00
Technician III Staff Hour 97.00
Subtotal: 100 $ 19,184.00
EXPENSES I MARKUP I UNIT I UNIT FEE QUANTITY COST
$ $
Subtotal: $ 0.00
Total Direct Cost 19,184.00
Markup on third party services 0.00
SUBTOTAL $ 19,184.00
TOTAL $ 19,184.00
NOTES:
�P a
Gj 9 e
O� '"�a Cost Estimate
,
Daniel B. Stephens & Associates, Inc.
g c0
Client Name: City of Rancho Palos Verdes Date: December 6, 2018
Project Name: Engineering Analysis, Evaluation,and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
Estimated Project Cost and Construction Schedule
SERVICES I UNIT I UNIT FEE I QUANTITY I COST
Principal Professional II S. Cullen Hour $ 250.00 $
Principal Professional I N. Matasovic Hour 224.00 8 1,792.00
Principal Professional I M.Yacyshyn Hour 204.00
Principal Professional I J. Dodge Hour 204.00
Senior Professional I J. Russell Hour 204.00
Senior Professional I G. Schnaar Hour 204.00
Project Professional Ill M.Vincent Hour 173.00
Project Professional III A.Witthoeft Hour 173.00 8 1,384.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00
Senior Technical Editor R.Faye Hour 128.00
CADD/GIS/Data Base II Staff Hour 110.00
Technician Ill Staff Hour 97.00
Subtotal: 16 $ 3,176.00
EXPENSES I MARKUP I UNIT UNIT FEE I QUANTITY COST
$ $
Subtotal: $ 0.00
Total Direct Cost 3,176.00
Markup on third party services 0.00
SUBTOTAL $ 3,176.00
TOTAL $ 3,176.00
NOTES:
dP eage
0
O� a.,0 Cost Estimate
Daniel B. Stephens & Associates, Inc.
Client Name: City of Rancho Palos Verdes Date: December 6, 2018
Project Name: Engineering Analysis, Evaluation,and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
Project Surveying
SERVICES I UNIT I UNIT FEE QUANTITY I COST
Principal Professional II S. Cullen Hour $ 250.00 $
Principal Professional I N. Matasovic Hour 224.00
Principal Professional I M.Yacyshyn Hour 204.00
Principal Professional I J. Dodge Hour 204.00 2 408.00
Senior Professional I J. Russell Hour 204.00
Senior Professional I G. Schnaar Hour 204.00
Project Professional Ill M.Vincent Hour 173.00
Project Professional III A.Witthoeft Hour 173.00 2 346.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00
Senior Technical Editor R.Faye Hour 128.00
CADD/GIS/Data Base II Staff Hour 110.00
Technician Ill Staff Hour 97.00
Subtotal: 4 $ 754.00
EXPENSES I MARKUP I UNIT UNIT FEE ( QUANTITY I COST
$ $
McGee estim 1,500.00 1 1,500.00
Subtotal: $ 1,500.00
Total Direct Cost 2,254.00
Markup on third party services 0.00
SUBTOTAL $ 2,254.00
TOTAL $ 2,254.00
NOTES:
�, ems
0 e1. Cost Estimate
,,,,,, Daniel B. Stephens & Associates, Inc.
Client Name: City of Rancho Palos Verdes Date: December 6,2018
Project Name: Engineering Analysis, Evaluation,and Design Estimator: Dodge
Portuguese Bend Landslide Drainage and Dewatering
Project Number: pending Project Manager: Dodge
Terms: per agreement Prepared by: Dodge/Cullen/Matasovic
Approved by: Dodge/Cullen/Matasovic
Updating City Website Materials
SERVICES I UNIT I UNIT FEE I QUANTITY I COST
Principal Professional II S. Cullen Hour $ 250.00 12 $ 3,000.00
Principal Professional I N. Matasovic Hour 224.00 4 896.00
Principal Professional I M.Yacyshyn Hour 204.00
Principal Professional I J. Dodge Hour 204.00 20 4,080.00
Senior Professional I J. Russell Hour 204.00
Senior Professional I G.Schnaar Hour 204.00
Project Professional III M.Vincent Hour 173.00
Project Professional III A.Witthoeft Hour 173.00
Project Professional I Staff Hour 161.00
Staff Professional III DC/HE/PK Hour 135.00 20 2,700.00
Senior Technical Editor R.Faye Hour 128.00 2 256.00
CADD/GIS/Data Base II Staff Hour 110.00
Technician III Staff Hour 97.00
Subtotal: 58 $ 10,932.00
EXPENSES I MARKUP I UNIT I UNIT FEE I QUANTITY I COST
$ $
Subtotal: $ 0.00
Total Direct Cost 10,932.00
Markup on third party services 0.00
SUBTOTAL $ 10,932.00
TOTAL $ 10,932.00
NOTES:
EXHIBIT"D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule
attached hereto as Exhibit"D-1."
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. See Exhibit"D-1"
III. The City Council may approve extensions for performance of the services in
accordance with Section 3.2.
01203.0006/524815.8 D-1
EXHIBIT D-1
SCHEDULE OF WORK
01203.0006/524815.8 D-2
Engineering Analysis,Evaluation,and Design for Portuguese Bend Landslide Drainage and Dewatering(Hydro-augers)
PRELIMINARY SCHEDULE
0 Task Name Duration
January 2019 February 2019 March 2019 April 2019 May 2019 lune 2019 July 2019 August 2019 September 2019 October 2019
1 Portuguese Bend Landslide Drainage and 164 days
Dewatering
2 Kickoff Meeting 0 days •1/17
3 Hydrology Analysis 150 days
a Planning 15 days asiaisisiiiiiiiiiiiiiiiiiiiimi
5 Field Work(QSE) 15 days iiiiiiiiiiiiiiiii
6 Water Balance 60 days iiiiiiimiiiiiiiiimmiiiiw
7 Reporting 60 days
8 Environmental Studies ICEQA) 45 days —m
9 Geotechnical Engineering 160 days
10 Fracture In-Filling 60 days
11 Fold Survey 15 days iiimiskaweissiemisiiimi
12 Design Options 45 days
13 Cost/Benefit Analysis 60 days
14 Engineer's Estimates 157 days
15 30% 30 days -----------------------
16
--------------------------------.-...._16 60% 45 days -- -. ._ --..._ . — _..- ___
17 90% 35 days simiiiiiiiiiiiiir
18 Public Comment Period 30 days
19 100% 20 days imiiiiiimmommiumi
20 Utility Coordination 15 days wissiosoli------
21 Final Deliverables/Construction 43 days
Plans/Technical Specifications/Bid Document
22 Meetings 160 days
23 Monthly Meeting 0 days •2/a
24 City Council Meeting#1 0 days ;;3/5
25 Monthly Meeting 0 days •4/3
26 Public Outreach#1 0 days •5/1
27 Monthly Meeting 0 days •5/22
28 City Council Meeting#2 0 days •6/4
29 Monthly Meeting 0 days •6/27
30 Public Outreach#2 0 days •7/17
31 City Council Meeting#3 0 days •8/6
32 Pre-Bid Meeting 0 days •9/5
33 Pre-Construction Meeting 0 days •9/30
,'A1 Daniel B.Stephens&Associates,Inc. 33