CC SR 20210601 F - CIMP Implementation
CITY COUNCIL MEETING DATE: 06/01/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a professional services agreement to
implement the Coordinated Integrated Monitoring Program (CIMP).
RECOMMENDED COUNCIL ACTION:
(1) Award a Professional Services Agreement to Geosyntec Consultants, Inc. in the
amount of $969,682, for three years, to implement the CIMP on behalf of the
Peninsula Watershed Management Group (Peninsula WMG); and
(2) Authorize the Mayor and City Clerk to execute the agreements subject to
approval as to form by the City Attorney.
FISCAL IMPACT: The draft Fiscal Year 2021-22 budget has allotted $588,345
towards the implementation of all the monitoring including the
CIMP. If the FY2021-22 budget is adopted as presented, no
additional funding will be requested for this fiscal year.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Charles Eder, PE, Senior Engineer
REVIEWED BY: Ramzi Awwad, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement - Geosyntec Consultants, Inc. (page A-1)
B. Second Amendment to MOU (page B-1)
BACKGROUND AND DISCUSSION:
With the adoption by the Los Angeles Regional Water Quality Control Board (Regional
Board) of the new Municipal Separate Storm Sewer Permit (MS4 Permit) in 2012, the
City elected to choose a compliance path that requires the development of a
Coordinated Integrated Monitoring Program (CIMP). The CIMP is a technical
1
document that lays out the requirements for collecting samples of urban stormwater
runoff, analyzing them for pollutants and reporting back to the Regional Board. The
City Council approved a Memorandum of Understanding (MOU) agreement between
the Peninsula Watershed Management Group (Peninsula WMG) agencies (cities of
Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills, Rolling Hills Estates, Los
Angeles County, and the Los Angeles County Flood Control District) to work together
to develop a CIMP document on August 6, 2013. On June 17, 2014, the City Council
directed Staff to submit a draft CIMP to the Regional Board for approval. On February
4, 2016, the Regional Board notified the City that the draft CIMP, as amended in
several rounds of comments, was approved, and finalized.
The Peninsula WMG entered into an MOU to implement the CIMP. The costs to
implement the CIMP are shared among the agencies of the Peninsula WMG primarily
in proportion to land area. The CIMP MOU was approved by City Council on April 5,
2016 and approved by the other agencies between March 8 and May 5, 2016.
On September 7, 2017, the Regional Board removed shoreline bacteria monitoring
from the Los Angeles County Sanitation Districts (LACSD) NPDES permit effective
July 1, 2018. The Peninsula WMG had been relying on LACSD to conduct shoreline
monitoring. For that reason, the Peninsula WMG needed to acquire additional CIMP
services. On August 7, 2018, City Council approved a professional services contract
with Geosyntec Consultants, Inc. and approved the First Amendment to the cost -
sharing MOU.
The Regional Board is expected to adopt a new MS4 Permit i n the next few months,
and there are not many expected changes. The proposed fees for the new MS4 permit
will be shared by all the agencies in the Peninsula WMG. The City of Rancho Palos
Verdes is responsible for about half of these costs, which are determined by the
percentage of area each jurisdiction occupies on the Peninsula. On April 6, 2021, City
Council approved the second Amendment to the cost-sharing MOU (Attachment B).
This second Amendment was approved by the other agencies on April 27, 2021.
The Peninsula WMG distributed a request for proposals on March 2021, soliciting
contractors to carry out this implementation of the CIMP. The Peninsula WMG
obtained proposals from qualified firms that included new requirements regarding the
new MS4 permit for 2022. The group unanimously selected a preferred contractor from
among three competing private firms. The Peninsula WMG unanimously recommends
Geosyntec Consultants, Inc. to be awarded the contract as CIMP services provider
after considering technical abilities, understanding of the project scope , and cost
considerations. Staff has negotiated the attached professional services agreement
(Attachment A) with a duration of three years which has been reviewed by the City
Attorney’s office.
Geosyntec’s cost proposal for three years is $969,682 and is shared among several
agencies over three years. Contract year one is the highest, due to set up costs, and
the City’s net cost in contract year one will not exceed $298,000. The current Fiscal
Year 2021-22 budget has allotted $588,345 towards the implementation of all the
2
monitoring including the CIMP. The funding necessary to complete this work is within
the Storm Water Quality Budget Program in the General Fund . No extra funding is
being requested for this fiscal year. Net expenses of $160,000 to $170,000 will be
required in each of the next two contract years.
The City is required to implement the approved CIMP to remain in compliance with the
MS4 Permit. To accomplish this, it is recommended the City award a professional
services agreement for the implementation of the CIMP to Geosyntec Consultants,
Inc.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative action is available
for the City Council’s consideration:
1. Alternately discuss and take other action related to this item.
3
01203.0001 298339.4 BWB 1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
GEOSYNTEC CONSULTANTS, INC.
A-1
01203.0001 298339.4 BWB
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
GEOSYNTEC CONSULTANTS, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and
entered into on June 1, 2021, by and between the CITY OF RANCHO PALOS VERDES, a
California municipal corporation (“City”) and GEOSYNTEC CONSULTANTS, 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
A-2
01203.0001 298339.4 BWB 2
purposes of this Agreement, the phrase “highest professional standards” shall mean those
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. 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
A-3
01203.0001 298339.4 BWB 3
Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
(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 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants 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
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 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 (1½) 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.”
A-4
01203.0001 298339.4 BWB 4
Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant 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. Consultant 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. Consultant 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 excep t 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.
A-5
01203.0001 298339.4 BWB 5
1.8 Further Responsibilities of Parties.
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
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 $969,683 (Nine Hundred Sixty-Nine Thousand Six Hundred
Eighty-Three Dollars) (the “Contract Sum”), unless additional compensation is approved
pursuant to Section 1.9.
A-6
01203.0001 298339.4 BWB 6
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 4.4,
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.
A-7
01203.0001 298339.4 BWB 7
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 t he 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 three (3)
years from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit “D”). The City may, in its discretion, extend the Term by one additional one-year terms.
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:
A-8
01203.0001 298339.4 BWB 8
Ken Susilo Vice President
(Name) (Title)
Greg Corcoran Vice President / Secretary
(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 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.
A-9
01203.0001 298339.4 BWB 9
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, 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 t ype 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 contr act” 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
A-10
01203.0001 298339.4 BWB 10
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.
(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.
A-11
01203.0001 298339.4 BWB 11
(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.
(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.
A-12
01203.0001 298339.4 BWB 12
(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.
(l) 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
A-13
01203.0001 298339.4 BWB 13
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:
(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
A-14
01203.0001 298339.4 BWB 14
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
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
A-15
01203.0001 298339.4 BWB 15
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
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
A-16
01203.0001 298339.4 BWB 16
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.
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 sam e 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
A-17
01203.0001 298339.4 BWB 17
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
this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the
sum of $___________ ( Dollars) 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.
A-18
01203.0001 298339.4 BWB 18
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.
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,
A-19
01203.0001 298339.4 BWB 19
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.
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
A-20
01203.0001 298339.4 BWB 20
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.
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]
A-21
01203.0001 298339.4 BWB 21
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
Eric Alegria, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
GEOSYNTEC CONSULTANTS, INC.
By:
Name: Ken Susilo
Title: Vice President
By:
Name: Gregory T. Corcoran
Title: Vice President / Secretary
Address: 6167 Bristol Parkway, Suite 390
Culver City, CA 90230
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. CON SULTANT’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.
A-22
01203.0001 298339.4 BWB
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 before me, ________________, personally appeared ________________, 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 au thorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), o r 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 th at the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
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(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certi ficate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulne ss, accuracy or validity of that document.
A-23
01203.0001 298339.4 BWB
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 before me, ________________, personally appeared ________________, 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 beha lf 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 parag raph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
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(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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 valid ity of that document.
A-24
01203.0001 298339.4 BWB A-1
EXHIBIT “A”
SCOPE OF SERVICES
A. Consultant will perform the following Engineering services (the Services) in conjunction
with CIMP Implementation (the Project):
Task 1. Project Management
• One kickoff meeting and one kickoff field meeting in the first year.
• Four group meetings per year. For cost savings, it is assumed that data report
presentations will take place during these scheduled meetings and attendance will be
virtual.
• Two access permits are assumed to be needed to install the flow monitoring equipment.
The County access permit is assumed to cost approximately $1,260 annually; there is no
fee assumed for City-specific permits.
Task 2. Receiving Water Monitoring
• Peninsula-RW1 will not have a TST failure requiring sampling at Peninsula-RW-1S
in accordance with Permit Attachment E (and as further interpreted by the clarifying
memorandum from the Regional Board).
• One receiving water sample will require TIE per year.
• No constituent or class of constituents causing toxicity will be identified during the
assumed TIE event.
• One field duplicate will be collected and analyzed for the parameters listed Table 3 of
the RFP per year for dry and wet weather.
Task 3. Stormwater Outfall Monitoring and Task 5. Non-Stormwater Outfall Monitoring
• Based on initial field investigation and review of the CIMP, the sampling manhole at
SD1 appears to be in the street. As a result, traffic control has been assumed to be
necessary at this location. It has been assumed that a traffic control plan already exists
and can be utilized without modification.
• One field equipment blank and one bottle blanks will be collected and analyzed for the
parameters listed in Table 6 of the RFP per year during wet weather.
• No aquatic toxicity samples are assumed for outfall sampling.
• NSW outfall screening has not been included in the scope of work.
Task 4. TMDL Stormwater Outfall Monitoring
• An access agreement can be arranged with the private property owner where the
Valmonte site is located. The Geosyntec Team will be able to place a lock on the park
gate to simplify access during storm events.
Task 5. Non- Stormwater Outfall Monitoring
• NSW Outfall Monitoring at 2 sites
A-25
01203.0001 298339.4 BWB A-2
Task 6. Stormwater Outfall Monitoring Flowmeter Installation
• Installation of 2 flowmeters
• Installation of 2 additional flowmeters
Task 7. Monitoring Records
• Incorporation of additional TMDL data into the database is limited to SMBBB TMDL
bacteria data and Harbor Toxics TMDL monitoring.
• Machado Lake TMDL monitoring monthly reports will include all wet and dry weather
events occurring during the month in a single report
• For annual Integrated Monitoring Compliance Report, it is assumed that all data related
to programs and new development/redevelopment/retrofit projects that are to be
included will be provided to the Geosyntec Team.
Task 8. Annual Adaptive Management
• Draft CIMP adaptive management update recommendations memo
• Final CIMP adaptive management update recommendations memo
Task 9. CIMP Modification per MS4 Permit
• Revise CIMP – Background/Draft
• Revise CIMP – Final
• Revise CIMP – Board Comments
B. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
1. One (1) Draft SAP with integrated HASP.
2. One (1) Final SAP with integrated HASP.
3. Five (5) Receiving Water Monitoring Reports per year: three (3) separate wet weather
monitoring events and two (2) dry weather monitoring events. The reports will include
field logs, summary of results, results tables, and analytical laboratory data.
4. Five (5) Stormwater Outfall Monitoring Reports per year: three (3) separate wet weather
monitoring events and two (2) dry weather monitoring events. The reports will include
field logs, summary of results, results tables, and analytical laboratory data.
5. Twelve (12) Machado Lake Nutrients TMDL Stormwater Outfall Monitoring Reports per
year: twelve (12) dry weather monitoring events, one (1) event per month. The reports
will include field logs, summary of results, results tables, and analytical laboratory data.
6. (2) CEDEN data sets per year: semiannually
7. One (1) Draft Watershed Annual Report Section 6 Integrated Monitoring Compliance
Report.
8. One (1) Final Watershed Annual Report Section 6 Integrated Monitoring Compliance
Report.
9. Attendance and participation at Palos Verdes Peninsula Watershed meetings if requested.
A-26
01203.0001 298339.4 BWB A-3
C. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the st atus of performance by delivering the
following status reports:
1. During the wet weather monitoring season, email correspondence summarizing
forecasts and the potential for wet weather event monitoring will be provided, as
necessary. Go/No-Go decisions for wet weather monitoring events will be
included with appropriate documentation.
2. During dry weather, email correspondence identifying proposed monitoring dates
will be provided at a minimum of once per month.
D. 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.
E. Consultant will utilize the following personnel to accomplish the Services:
◼ Christopher Wessel, PE, QSD/QSP – Project Director
◼ Avery Blackwell, PE - Project Manager
◼ Stacy Luell, PE, QSD/QSP – Assistant Project Manager
◼ Brandon Steets, PE, QISP, ToR – Senior Technical Advisors
◼ Todd M. Bear, D.Env. – Senior Technical Advisors
◼ Jim Burton, PE, QSP/QSD – Sample Collection
◼ Curtis Fang, PE – Data Collection and Reporting
◼ Maria Colyar, EIT, QISP – Data Collection and Reporting
◼ Paige Fitzgibbon – Data Collection and Reporting
◼ Jared Ervin, PhD – Advanced Tasks
A-27
01203.0001 298339.4 BWB B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
A-28
01203.0001 298339.4 BWB C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
Year 1
Year 2
Year 3
A-29
01203.0001 298339.4 BWB C-2
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 anothe r 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.
A-30
01203.0001 298339.4 BWB C-3
EXHIBIT "C-1"
PERSONNEL RATES
A-31
01203.0001 298339.4 BWB D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule.
A-32
01203.0001 298339.4 BWB D-2
III. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Final SAP with integrated HASP – October 2021
B. Five (5) Receiving Water Monitoring Reports – Within 14 Days of receipt of monitoring
results
C. Five (5) Stormwater Outfall Monitoring Reports – Within 14 Days of receipt of
monitoring results
D. Twelve (12) Machado Lake Nutrients TMDL Stormwater Outfall Monitoring Reports –
Monthly
E. (2) CEDEN data sets per year – Semi-Annually
F. One (1) Draft Watershed Annual Report Section 6 Integrated Monitoring Compliance
Report – October Annually
G. One (1) Final Watershed Annual Report Section 6 Integrated Monitoring Compliance
Report – November Annually
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
A-33
SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, THE
COUNTY OF LOS ANGELES, AND
THE CITIES OF RANCHO PALOS VERDES, PALOS VERDES ESTATES, ROLLING
HILLS, AND ROLLING HILLS ESTATES
REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING
THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) FOR THE
PENINSULA CIMP AGENCIES
This Second Amendment to the Memorandum of Understanding is made and entered into as of April xx,
2021 between THE CITY OF RANCHO PALOS VERDES, a body corporate and politic, THE CITY OF ROLLING
HILLS ESTATES, a body corporate and politic, THE CITY OF ROLLING HILLS, a body corporate and politic,
THE CITY OF PALOS VERDES ESTATES, a body corporate and politic, LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT (LACFCD), a body corporate and politic, and THE COUNTY OF LOS ANGELES
(COUNTY), a political subdivision of the State of California. Collectively, these entities shall be known
herein as “PARTIES” or individually as “PARTY”.
WITNESSETH
WHEREAS, the PARTIES entered into a Memorandum of Understanding (MOU) on May 03, 2016 for the
administration and cost sharing for implementing the Coordinated Integrated Monitoring Program (CIMP)
for the Peninsula CIMP agencies; and
WHEREAS, the PARTIES amended the MOU on August 07, 2018 to include the cost of monitoring for the
Santa Monica Bay Beaches Bacteria TMDL to the Total Cost Allocations for implementing the CIMP; and
WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the costs of implementing the
CIMP, as proposed in Table 1 of Exhibit A and Table 2 and Table 3 of Exhibit B; and
WHEREAS, the PARTIES agree that the total annual cost for implementing the CIMP, preparing CIMP
Annual Reports, and preparing any necessary revisions to the CIMP in compliance with the MS4 Permit
shall not exceed $588,345.45 which includes a ten percent (10%) contingency and a five percent (5%)
contract administration cost; and
WHEREAS, the PARTIS agree that the final cost allocations will be based on the actual cost for
implementing the CIMP, preparing CIMP Annual Reports, and preparing any necessary revisions to the
CIMP in compliance with the MS4 Permit; and
WHEREAS, the PARTIES agree to amend the MOU to include the updated cost of monitoring and data
reporting for the Peninsula CIMP agencies; and
WHEREAS, the PARTIES agree that each shall assume full and independent responsibility for ensuring its
own compliance with the MS4 Permit despite the collaborative approach of the MOU.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, the
PARTIES agree as follows:
B-1
Section 1. Recitals. The recitals set forth above are true and correct and incorporated into this
Second Amendment to the MOU.
Section 2. Purpose. The purpose of this Second Amendment to the MOU is to cooperatively fund
the implementation and any required revisions of the CIMP and to coordinate the
payment and performance of the monitoring and reporting services.
Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain the purposes
of this Second Amendment to the MOU.
Section 4. Voluntary. This Second Amendment to the MOU is voluntarily entered into for the
implementation of the CIMP.
Section 5. Term. This Second Amendment to the MOU shall become effective on the last date of
execution by a PARTY (EFFECTIVE DATE), and shall remain in effect for five (5) years from
the EFFECTIVE DATE.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Second Amendment to the MOU to
be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES
B-2
CITY OF RANCHO PALOS VERDES
Date: By:
Eric Alegria
Mayor
ATTEST:
By:
Teresa Takaoka
City Clerk
APPROVED AS TO FORM:
………………..
City Attorney
By:
William W. Wynder
B-3
CITY OF PALOS VERDES ESTATES
Date: By:
Michael Kemps, Mayor
ATTEST:
By:
Kylynn Chaney
City Clerk
APPROVED AS TO FORM:
………………..
City Attorney
By:
John Cotti Date
B-4
CITY OF ROLLING HILLS ESTATES
Date: By:
Steven Zuckerman, Mayor
ATTEST:
By:
Lauren Pettit
City Clerk
APPROVED AS TO FORM:
………………..
City Attorney
By:
Donald M. Davis Date
B-5
CITY OF ROLLING HILLS
Date:
ATTEST:
By:_______________________
Elaine Jeng
Acting City Clerk
APPROVED AS TO FORM
………………..
City Attorney
By: _______________________
Michael Jenkins
By:__________________
Jeff Pieper, Mayor
___________________
Date
B-6
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By
________________________ ____________________
Mark Pestrella Date
Chief Engineer
APPROVED AS TO FORM:
COUNTY COUNSEL
Rodrigo A. Castro Silva
By
_________________________________ ____________________
Deputy Date
B-7
COUNTY OF LOS ANGELES
By
________________________ ____________________
Mark Pestrella Date
Chief Engineer
APPROVED AS TO FORM:
COUNTY COUNSEL
Rodrigo A. Castro Silva
County Counsel
By
_________________________________ ____________________
Deputy Date
B-8
Exhibit A
Expected Costs for Palos Verdes Peninsula Watershed CIMP Implementation and Revision
Table 1. Total CIMP Annual Implementation Costs
Monitoring and Reporting Programs 21-22 Estimated Costs
Outfall Monitoring (6 sites)
•Access, Permits, Traffic Control, Sampling Plan and HSP $6,205.76
•Equipment/Labor $211,108.73
•Lab Sample Analyses and QA/QC $44,060.91
•Data Management, Analysis, and Reporting $69,109.62
Receiving Water Monitoring (2-4 sites)
•Access, Permits, Traffic Control, Sampling Plan and HSP $1,128.32
•Equipment/Labor $32,157.13
•Laboratory $47,502.28
•Data Management and reporting $28,377.26
Santa Monica Bay Beaches Bacteria TMDL Monitoring (5 sites)
•Monitoring, Data Management, Analysis, and Reporting
•Sites have potential to be eliminated from monitoring once new
MS4 Permit is approved $69,740.00
Subtotal w/o Contingency or Admin Costs $509.390.00
Contingency (10%) for CIMP Revision $50,939.00
Contract Administration (5%) $28,016.45
Grand Total $588,345.45
B-9
Tables 2 and 3 shall be modified as follows.
Table 2. Total Cost Allocation
Party Area
(sq. mi.)
Percent of
Agency Area1
Percent of
City Area2
Subtotal without
Contingency
or Admin
Contingency3
Contract
Administrations
(5%)
Total Annual
Cost4
City of Rancho Palos Verdes 13.5 52.73% 54.22% $257,712.09 $25,771.21 $14,174.17 $297,657.47
City of Palos Verdes Estates 4.8 18.75% 19.28% $91,630.97 $9,163.10 $5,039.70 $105,833.77
City of Rolling Hills Estates 3.6 14.06% 14.46% $68,723.22 $6,872.32 $3,779.78 $79,375.32
City of Rolling Hills 3 11.72% 12.05% $57,269.35 $5,726.94 $3,149.81 $66,146.10
County of Los Angeles5 0.7 2.73% N/A $8,584.86 $858.49 $472.17 $9,915.52
LACFCD6 - - - $25,469.50 $2,546.95 $1,400.82 $29,417.27
Total 25.6 100% 100% $509,390.00 $50,939.00 $28,016.45 $588,345.45
1 Percent of Agency Area is the percent of total CIMP area including the County of Los Angeles Unincorporated area.
2 Percent of City Area is the percent of CIMP area excluding the County of Los Angeles Unincorporated area.
3 Contingency costs include 10% the total estimated implementation costs before administrative costs.
4 Cost includes cost based on area, contingency, plus administration costs for each agency.
5 The County of Los Angeles cost only includes Outfall Monitoring.
6 The Los Angeles County Flood Control District cost includes 5% for all services.
Table 3. Agency Participation Summary
Task RPV PVE RHE RH LAC LACFCD
Outfall Monitoring P P P P P P
Receiving Water Monitoring P P P P N P
Santa Monica Bay Beaches Bacteria Shoreline Monitoring P P P P N P
P Participating RHE City of Rolling Hills Estates
N Not Participating RH City of Rolling Hills
RPV City of Rancho Palos Verdes LAC County of Los Angeles
PVE City of Palos Verdes Estates LACFCD Los Angeles County Flood Control District
B-10
Exhibit B
Peninsula Watershed Management Group
CIMP MOU – Responsible Agencies Representatives
1.City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Party Representative: Charles Eder
E-mail: charlese@rpvca.gov
Phone: (310) 544-5282
Fax: (310) 544-5292
2.City of Palos Verdes Estates
Department of Public Works
340 Palos Verdes Drive West
Palos Verdes Estates, CA 90274
Party Representative: Tim Jonasson
Email: tjonasson.hrgreen@pvestates.org
Phone: (760) 250-6722
Fax: (310) 375-5918
3.City of Rolling Hills Estates
Department of Public Works
4045 Palos Verdes Drive North
Rolling Hills Estates, CA 90274
Party Representative: David Wahba
E-mail: davidw@rollinghillsestatesca.gov
Phone: 310-377-1577 x-103
Fax: (310) 377-4468
4.City of Rolling Hills
Planning and Community Services Department
2 Portuguese Bend Road
Rolling Hills, CA 90274
Party Representative: Meredith Elguira
E-mail: melguira@cityofrh.net
Phone: 310-377-1521
Fax: (310) 377-7288
5.Los Angeles County Flood Control District
Department of Public Works
Stormwater Quality Division, 11th Floor 900
South Fremont Avenue
Alhambra, CA 91803-1331
Party Representative: Paul Alva
E-mail: palva@dpw.lacounty.gov
B-11
Phone: (626) 458-4325
Fax: (626) 457-1526
6.County of Los Angeles
Department of Public Works
Stormwater Quality Division, 11th Floor 900
South Fremont Avenue
Alhambra, CA 91803-1331
Party Representative: Paul Alva
E-mail: palva@dpw.lacounty.gov
Phone: (626) 458-4325
Fax: (626) 457-1526
B-12