DCA Civil Engineering Group Inc - FY2020-036 CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
DCA CIVIL ENGINEERING GROUP, INC
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
DCA CIVIL ENGINEERING GROUP, INC
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement') is made and
entered into this MS' day of November 2019 by and between the City of
Rancho Palos Verdes a California municipal corporation ( `City ') and DCA Civil Engineering
Group 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 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 l 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 seg and California Code of
Regulations Title 8 Section 16000 el seg 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 seg 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 Consultant shall post job site notices as prescribed by
regulation
(b) Prevailing Wages Consultant 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 Consultant
acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of
the prevailing rate of per diem wages and Consultant 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 Consultant shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages The
Consultant shall as a penalty to the City forfeit two hundred dollars ($200) for each calendar
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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 Consultant or by any subconsultant
(d) Payroll Records Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776 which requires Consultant and each subconsultant 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 Consultant 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 el sey concerning the employment of apprentices on public works projects
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations Prior to commencing work under this Agreement Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program
Within sixty (60) days after concluding work pursuant to this Agreement Consultant and each of
its subconsultant shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement
(f) Eight-Hour Work Day Consultant acknowledges that eight (8) hours labor
constitutes a legal day s work Consultant shall comply with and be bound by Labor Code
Section 1810
(g) Penalties for Excess Hours Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Consultant or by any
subconsultant 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 Consultant 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(1'/z) 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, Consultant 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 penodic 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 nsk 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 to amend the
Agreement to add deduct or alter the services beyond those specified in the Scope of Services
In the case of additional services no such services may be undertaken unless an amendment to
the Agreement is first executed between the City and the Consultant incorporating therein any
adjustment in (i) the Contract Sum for the actual costs of the additional services and/or (ii) the
time to perform this Agreement Any amendment for additional services must be approved by the
City Manager or by the City Council in accordance with Chapter 2 14 of the Rancho Palos
Verdes Municipal Code 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 Consultants 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 $139,877 00 (One Hundred Thirty Nine Thousand Eight
Hundred Seventy Seven Dollars) (the `Contract Sum ) unless additional compensation is
approved pursuant to Section 1 9
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
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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 contain all information
specified in Exhibit 'C and 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
ARTICLE 3 PERFORMANCE SCHEDULE
3 1 Time of Essence
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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 may in its sole discretion 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
Steve Cummins PE CEO / President
(Name) (Title)
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Chris Herrera MPA Project Manager
(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 Ron Dragoo 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
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
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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 point 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-
owned or rented vehicles in an amount not less than $1 000 000 combined single limit for each
accident
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(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
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
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(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
(l) 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
(I) 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
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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
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(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
61 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 0006/614898 1 1 3
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 0006/614898 1 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 0006/614898 I i 5
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 0006/614898 1 16
this Agreement the Contractor and its sureties shall be liable for and shall pay to the City the
sum of Zero dollars ($0 00) 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 0006/614898 1 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 seg 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 0006/614898 1 18
ARTICLE 9 MISCELLANEOUS PROVISIONS
91 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
9.6 Warranty & Representation of Non-Collusion
01203 0006/614898 1 19
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 Authonzed Initials V
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 0006/614898 1 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above wntten
CITY
CITY OF RANCHO PALOS VERDES, a
municipal co leo . i n
h
Je ilt ovic, Mayor
AT' :ST
imillWillb
E 1lyCo' is • , City Clerk
APPROVED AS TO FORM
ALESHIRE & WYNDER, LLP
jo.
William W Wynde , ity Attorney
CONSULTANT
DCA CIV I_ i INEERING GROUP, INC
By
Name Charles Steve Cummins, PE
Title President/CEO Q-WwAlt.gaimi:,
By cCLA.1) 44 5
Name Barbara Cummins
Title Corporate Secretary
Address 17625 Crenshaw Blvd , Suite 300
Torrance, California 90504
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 0006/541532 1 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
On ' /1% , 2019 before me, a.Kiddy, personally appeared GrarkaAnstas, 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 of California that the foregoin para h is
true and correct
vur THERESA MIDDLETON
:r, Notary Public-California
WITNESS ha and official sea ;xr Los Angeles County >
' mn 2230314
My CommCOmExpireslESiottFeb 28 2022 r
Signature L
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 yv11c� (e rt
P i er#/C� TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED 3!J'
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) � I 12-0
� l
• GUARDIAN/CONSERVATOR i iI
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING 1JCL CWM.`Ale%% INS
AME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
c>AOt /' 16n3,nxear C-h-ov,
01203 0006/541532
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate venfies 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 l
On 11 l 11 , 2019 before me, q,Me�, , personally appeared6��jj QYRirq ,lamproved to me on
the basis of satisfactory evidence to be the person(s)whose names(s) is/are subscnbed 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
• THERESA MIDDLETON
:. Notary Pub -Calirorma
WITNESS my ha.`and official seal 3114-.� Los Angeles CountyV„..-7;* Commission#2230314
Signature —
• , i`i f.. i My Comm Expires Feb 28 2022
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
LCORPORATE OFFIC R - IC$ p Q (
or:OrC re SPLrt- V J TITLE OR TYPE OF DOCUMI QT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED 3S
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) I
El GUARDIAN/CONSERVATOR IOU << hiptC1
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING CJ0 k CLVIYMY%l 'NS
AME OF PERSON(R ENTIT�SJ)� SIGNER(S)OTHER THAN NAMED ABOVE
C_PcC\V► \11C
' er1 Cj
01203 0006/541532 1
EXHIBIT "A"
SCOPE OF SERVICES
I Consultant will perform the following Services
Consultant shall design a needed new storm drain system including pipes/catch basins
and the connection to an existing storm water system that outlets into a natural canyon
The Services will include surveying geotechnical investigation drainage and hydraulic
analysis pipeline and catch basins design and preparation of the construction documents
Background and Summary
Within the City there are three drainage issues regarding storm water run-off flow from
Crest Road (East of Crenshaw Blvd ) to Crestridge Canyon (on Crestridge Road East of
Meadowdale Lane) The first issue is flooding in the sump condition on Crest Road
(Approximately at St John Fisher Driveway) which overflows from the street down the
slope and yard at 28916 Crestridge Road causing erosion and property damage The
second issue is that the storm water outletting from the Crest Road drain to Crestridge
Road (at the 28916 property) is located in a manner that directs water northerly across
the road into the driveway of another private property The third issue is that the Crest
Road storm water that remain in Crestridge Road combines with other drainage area
runoff and then proceeds easterly/northerly/westerly on the steep and curving roadway
The quantity and velocity of this flow causes the water to overflow into driveways on the
outside of the streets curves on its way to the sump condition at Crestridge Canyon storm
drain
Consultant shall prepare construction documents necessary to resolve the three flooding
issues at this location The scope Consultant s work will be to perform engineering
analysis and provide design engineering plans specifications and an engineer s cost
estimate for the construction of the project
Summary of the Tasks
• Perform survey and review existing records and field inventory with the design
team
• Provide utility notification letters and clearances from all utility companies during the
design phase Resolve any potential conflicts with existing utilities
• Perform hydraulic analysis for the entire system
• Develop a schematic design and a geotechnical evaluation report
• Develop detailed design drawings including calculations for hydrology hydraulics
sedimentation production foundations and structural elements of the design along
with construction notes special provisions technical specifications and engineer s
estimate
01203 0006/614898 1 A-4
• Provide support during bid and permitting process
• Develop all final project deliverables and as-built drawings
• Update project Survey and Master Plan of Drainage
• Attend meetings including project kickoff meeting, committee and progress meetings
(selection of design concept design ideas presentation etc )
Services by Task
A. Task 1 —Survey and Document Review
Consultant will conduct research and review the existing plans and documents of record
for storm drains streets utilities, property easements hydrology maps, and other
information which may be available This information will then be included on the
construction document drawings Consultant will conduct and prepare field topographic
surveys of the project areas that may require construction modifications for resolution of
the flooding issues Conceptual ideas derived from initial meetings and discussion with
the City will determine the extent of the topography information needed Due to the need
for more precise vertical elevation information an on-the-ground survey will be
conducted rather than an aerial survey
Researched underground utilities will be plotted/labeled on the topographic survey and
checked against observed culture (manholes valve covers, etc ) Driveway "High-Point
elevations along Crestridge Road will be obtained Enough centerline monumentation
information at project areas to determine property line locations based on record map data
will be included
Utilizing the previously prepared `Master Plan of Drainage , field verifications & other
plan documents, Consultant will prepare a hydrology map of the areas contributory to the
project area Using this hydrology area map Consultant will prepare a hydrology study to
determine the storm water quantities (Qcfs) and concentration locations which reach the
project areas
Using a sub-consultant Consultant will provide a video of the existing pipe between
Crest Road & Crestridge Road and at the Crestridge Canyon between Crestridge Road
and existing drainage channel to the North This information will be shared with the City
to determine if these pipes are usable
B. Task 2 — Schematic Design and Hydraulic Analysis
Based on conceptual discussions and information obtained, Consultant will prepare
schematic preliminary design plans and meet with the City to discuss the preliminary
design plans prior to moving ahead to preliminary construction plans This is to include
any mitigation needed for additional run-off into Crestridge Canyon
Upon acceptance of the preliminary design plans by the City, Consultant will prepare
hydraulic analysis for the entire system from Crest Road to Crestridge Canyon existing
01203 0006/614898 1 A-5
channel This will include calculations of depth of flow and velocities on Crestridge
Road It will also include an investigation of the northerly outlet end of the Crestridge
Canyon channel and impact it may (or may not) have on the community
Using a sub-consultant, Consultant will obtain a collection of necessary geotechnical data
and subsequent analysis in support of design of stormwater facility structures channels or
pipes and prepare a report describing the analysis and supporting design
recommendations
C Task 3— Preliminary Design
Consultant will prepare preliminary construction drawings based on the approved
schematic design and hydraulic analysis The preliminary design will include the location
and sizing of all improvements anticipated to resolve the flooding issues while
minimizing any downstream impacts Consultant will attend a 30% review meeting with
the City at this phase of the design development This will include a preliminary
Engineer s cost estimate for construction as prepared in Microsoft Excel format
D Task 4— Detailed Design and Engineer's Estimate
Consultant will prepare a complete set of construction plans to City s specifications with
sheets prepared using AutoCAD in plan and profile style for pipe segments or structural
detail style for structures at appropriate scale in 24 ' x 36 format Details and notes shall
incorporate all City required items and National Pollutant Discharge Elimination System
("NPDES ) requirements with details (including but not limited to those listed below) as
necessary to construct
The Construction Plans shall include the following details
• Pavement thickness when excavation through pavement is required
• Location of all utilities buried and overhead
• Location of vegetation,
• Property, boundary and easement delineations,
• Topographic base map with appropriate elevation intervals
• Existing storm drain facility dimensions and locations
• Items to be protected in place
• Restoration plans for disturbed areas,
• Trench and backfill details
• Erosion and sediment control plans
01203 0006/6148981 A-6
• Limits of pipe replacement sections
• Limits of soil disturbance with area calculations,
• Location and limits of repair area and any staging areas authorized by the City,
and
• Approximate depth to repair areas
All plan sheets for bidding and construction shall be appropriately stamped by an
experienced Civil Engineer (or other appropriate discipline e g Geotechnical Engineer)
registered in the State of California and include a line for City approval by the Director of
Public Works in the signature block All plans shall be delivered to the City in both
printed and electronic formats Electronic submittals shall include pdf and dwg files and
shall be compatible with the City s GIS system
Prepare final Engineer's cost estimate for construction of each location Estimates will be
delivered to the City both in printed and electronic format Estimates shall be prepared in
Microsoft Excel format
Consultant will prepare project specifications including
• Cover Page and Table of Contents
• Notice Inviting Bids
• Instructions to Bidders,
• Proposal (Bid) Pages
• Contract Pages
• Special Provisions (including technical specifications) and
• Exhibits and Appendices necessary to convey design intent
The City will provide standards and examples of these documents for use by Consultant
Specifications will be delivered to the City both in printed format and on CD All bid
documents (except Plans) shall be prepared in Microsoft Word format
Specifications for this project shall contain requirements consistent with the provisions of
the NPDES the Clean Water Act and the latest Edition of the APWA Green Book
Consultant shall obtain environmental clearances if needed
Any other computer generated documents including reports modeling files plans and
calculations will be submitted on CD in a format acceptable to the City Consultant will
participate in the constructability review when asked by the City
01203 0006/614898 1 A-7
Consultant will develop the Special Provisions section of the bid package 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 both printed and electronic format (i e , pdf
Microsoft Word and AutoCAD as appropriate)
E Task 5 —Bid and Construction Support
Consultant will perform a bid analysis to include the following After bids are opened
Consultant will perform comparative analysis of bid items for four lowest bids with
engineer s estimate Consultant will confirm bid accuracy and submission of all required
bid documents of apparent low bidder to determine lowest responsive bidder Consultant
will identify lowest responsive bidder
Consultant will provide engineering support during construction phase including but not
limited to verification of contractor s layout survey to design documents response to
RFI s evaluation of value engineering or change orders preparation of record drawings
("as-builts') etc The construction management and inspection services are not currently
part of this scope and will be awarded separately
F Task 6—Meetings
Consultant will attend, in person regular meetings with City staff during the design phase
as needed or requested by the City City anticipates these design-era meetings will be
needed at the following times at minimum Kickoff 30% Review 60% Review and
90% Review Consultant will conduct additional phone conferences as needed
Consultant will attend pre-bid meeting and provide clarification of design intent
limitations to reliability of information and potential construction constraints as
requested by potential bidders
II As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City.
A. 30% Design Report 30% Design Report will include results and findings of data
review verification data (GPS coordinates and elevations) GIS layers hydrologic
and hydraulic analyses modeling input and output files topographic survey
geotechnical analyses, and conceptual plans for repairs at each location The 30%
Design Report shall be provided in electronic and hardcopy format and include
any sub-consultants technical reports
Consultant will work with the City s GIS personnel to review available GIS data
and discuss details to identify data structure and unique or potential layers
attributes prior to project execution Data inconsistencies will be resolved by
Consultant Once completed the geodatabase or layers will be added and
incorporated into the City s current GIS system All data generated by this scope
of work shall be property of the City Consultant agrees that no part of the data
may be reproduced or stored in a retrieval system or transmitted in any form
whether electronic mechanical or otherwise without the City s prior written
01203 0006/614898 1 A-8
consent, however the Consultant is authorized to make backup copies of the data
solely for archival purposes
All data will also require creating the geo database or layers from As-Built plans
(to be provided) then adding and incorporating them into the City s current GiS
system The City will provide the As-Built plans for this scope of work
Consultant will review these plans and assist in adding it to the GIS system
B 60% Design Report 60% Design Report will include detailed drawings
preliminary Special Provisions and Notice Inviting Bidders (including allowed
working days and recommendations for liquidate damages) identification of
materials access requirements and initial estimate including 20% contingency
The 60% Design Report shall be provided in electronic and hardcopy format
C 90% Design Report 90% Design Report will include nearly final detailed
drawings that incorporate all previous comments preliminary bid package and
engineer s estimate including 10% contingency The 90% Design Report shall be
provided in electronic and hardcopy format The City will provide any comments
and return to Consultant for preparation of final documents within 10 working
days
D 100% Construction Plans 100% stamped and signed original reproducible
construction plans and specifications for bidding Consultant will prepare a
similar set for construction if these are amended during the bidding or
construction phases of the project
E. Addenda Addenda consisting of changes to plans or specifications as needed
during the bidding process
F Calculations Calculations justifying design decisions shall be submitted for
hydrology hydraulics sedimentation production foundations and structural
elements of the design Calculations for hydrology and hydraulics shall be
performed according to the Los Angeles County (LACO) Hydrology Manual
(2006 or later edition) and LACO Hydraulic Manual (2002) respectively
Sediment production calculations shall conform to procedures contained in the
LACO Sedimentation Manual Second Edition Foundation and structural
calculations shall demonstrate that construction designs and materials can resist
all anticipated forces including but not limited to hydraulic (hydrodynamic) flood
(hydrostatic), scour and undermining dead loads (trench bury), traffic and
surcharge loads Calculations shall be submitted for review no later than the 90%
design submittal Final calculations shall be sealed by a civil engineer holding a
current license to practice Civil Engineering in the State of California
G. As-Built Plans At the end of the construction phase prepare "As-Built record
drawings and submit electronically on CD in pdf and dwg formats Record
drawings shall be appropriately stamped by the engineer of record
01203 0006/614898 1 A-9
H. Project construction schedule
I Project construction cost estimate
J Responses to RFIs
K. Site Condition 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 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 summary reports (weekly)
C. Updated design project schedule as needed
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. Steve Cummins Principal-in-Charge
B Chris Herrera Project Manager
01203 0006/614898 1 A-1 0
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
]INTENTIONALLY LEFT BLANK]
012030006/614898 1 B-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Consultant shall perform the following tasks at the following rates
TASK DESCRIPTION COST
Task 1 Survey and Document Review $11 170 00
Task 2 Schematic Design and Hydraulic Analysis $33 239 00
Task 3 Preliminary Design $13 955 00
Task 4 Detailed Design and Engineer s Estimate $44 180 00
Task 5 Bid and Construction Support $14 880 50
Task 6 Meetings $22,452 050
Total $139,877 00
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 21, 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
01203 0006/614898 1 C-1
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
01203 0006/614898 1 C-2
EXHIBIT "C-1"
SCHEDULE OF COMPENSATION BY TASK
01203 0006/614898 I C-3
DCA Civil Engineering Group,Inc.(DCA)-Fee Breakdown for SDDIP-FY 19-20 Client Name:Rancho Palos Verdes
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Employee Bill Rate $ 215.00 $ 140.00 $ 125.00 $ 130.00 $ 78.00 $ 155.00 $230.00 $105.00 $ 75.00 $ 5,000.00 Lump Sum
Project Kick-Off Meeting 4 4 — I
Design Team Site Walk 5 5 20 28 $ 2,920.00
515 $ 2,100.00
16 -. -
Review Existing Records and Data 3
19 $ 1,620.00
Topographic Survey 2
Hydrology Map Preparation 2 3 12 20
6 18 40 66 $ 9,550.00
Existing Storm Drain Video
37 $ 3,910.00
Schematic Plan&City Meeting 2+ $5,800 - $ 5,800.00
6 12IR 38 $ 4,174.00
Hydrologic and Hydraulic Analysis
8 14 27 12 61 $ 7,955.00
Geotechnical Investigation and Analysis
Preliminary Construction Plan $12,000, - $ 12,000.00
3 30 42 40 122 $ 13,955.00
Preparation of Construction Plans 13 64 80 90 40 1 287 $ 36,775.00
Preparation of Project Specifications 1 3 16 10
Preparation of of Preliminary&Final Construction 30 $ 3,415.00
Cost Estimate 2 4
Constructabllity Review 0.5 2 10 10 34 $ 3,990.00
Project Meetings 20 20 6 3 21.5 $ 2,330.50
Perform Bid Analysis and Identify Lowest 30 70 $ 9,350.00
Responsive Bidder 0.5 1
8 6 2 17.5 $ 1,865.50
Construction Assistance 2 6 60 40 15 123 $ 13,015.00
Prepare Deliverables,Reports,and Documents 2 6 24
62 $ 5,152.00
Total Hours 58 _ 146 284 42 - 254 11 18 40 178 _ - - 1031
DCA Civil Engineering Group,Inc.Cost '
Not-to-Exceed Amount $ 139,877.00
20
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I Consultant shall perform all Services timely in accordance with the following
schedule
Task Descri 1 tion Da s to Perform Deadline Date
Task 1 Survey and Document 10 Days 12/13/19
Review
Task 2 Schematic Design and 20 Days 1/27/20
Hydraulic Analysis
Task 3 Preliminary Design 10 Days 2/11/20
Task 4 Detailed Design 60 Days 5/5/20
Environmental Clearance
and Engineer's Estimate
Task 5 Bid and Construction 45 Days 7/10/20
Support
Task 6 Meetings As needed 7/10/20
II Consultant shall deliver the following tangible work products to the City by the
following dates
A Deliverables that per State DCA requirements will be stamped/sealed by
Certified PE GE CEG and or PG
1 Survey/Environmental/Geotechnical Report— Draft 12/13/19
2 Survey/Environmental/Geotechnical Report— Final 1/27/20
3 Design Package 5/5/20
4 Technical Specifications— 90% 4/21/20
5 Technical Specifications— 100% 5/5/20
6 Design Drawings— 30% 2/11/20
7 Design Drawings—60% 3/10/20
01203 0006/614898 1 D-1
8 Design Drawings—90% 4/21/20
9 Design Drawings— 100% 5/5/20
10 Special Provisions—90% 4/21/20
11 Special Provisions— 100% 5/5/20
12 Engineer's Estimate—90% 4/21/20
13 Engineer's Estimate— 100% 5/5/20
14 Bid Package— Draft 5/5/20
15 Bid Package— Final 5/12/20
16 All final (100%) work products signed/sealed 7/10/20
B. Project construction schedule 5/12/20
C Project cost estimate 5/12/20
D Responses to RFIs 2 business days following delivery to Consultant
III The City Council may approve extensions for performance of the services in
accordance with Section 3 2.
01203 0006/614898 1 D-2