CC SR 20211102 I - PSA for PVIC Restroom Improvements Design
CITY COUNCIL MEETING DATE: 11/02/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a Contract Services Agreement to Houston
Tyner for design and engineering services for restroom improvements at the Point Vicente
Interpretive Center.
RECOMMENDED COUNCIL ACTION:
(1) Award a Contract Services Agreement to Houston Tyner for design and
engineering services for restroom improvements at the Point Vicente Interpretive
Center in the amount of $30,600 with a contingency of $5,000;
(2) Authorize the Mayor to execute the Contract Services Agreement, in a form
acceptable to the City Attorney; and
(3) Approve an additional appropriation of $35,600 from American Rescue Plan Act
funds for design and engineering services for restroom improvements at the Point
Vicente Interpretive Center.
FISCAL IMPACT: The recommended Council action will result in an expenditure not-to
-exceed $35,600, including contingency, for design and engineering
services.
Amount Budgeted: $0
Additional Appropriation: $35,600
Account Number(s): 333-400-8508-8005 (ARPA Fund – PVIC Restrooms Improv/Design Services)
ORIGINATED BY: James O'Neill, Project Manager
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Contract Services Agreement with Houston Tyner (page A-1)
B. Request for Proposals for Design and Engineering Services for Public
Bathroom Renovations (page B-1)
C. Proposal from Houston Tyner (page C-1)
D. Fee proposal from Houston Tyner (page D-1)
E. FY 2021-2022 Capital Improvement Program Project Sheet for Restroom
Improvements at the Point Vicente Interpretive Center (page E-1)
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BACKGROUND AND DISCUSSION:
The Fiscal Year (FY) 2021-2022 Capital Improvement Program (CIP) includes restroom
improvements at the Point Vicente Interpretive Center (PVIC), with funding for design and
construction for rehabilitation of the exterior restrooms in FY 2021-22 (Attachment E).
The plumbing in the existing restrooms (both interior and exterior) often clogs, requiring
the bathrooms to be placed out of service and is a source of regular complaints from the
public. Even when in service, the restrooms often produce odor as a result of poor
plumbing. Bathroom improvements are needed at PVIC to better represent the City, and
provide better facilities to the public and those who rent the facility.
The project is also intended to improve the function and aesthetics of the bathrooms, and
consists of replacing existing plumbing and fixtures, replacing wall and ceiling surfaces,
replacing existing flooring, installing new stall dividers, and installing new lighting fixtures,
mirrors and accessory equipment, such as hand dryers and toilet paper dispensers.
On June 15, 2021, Staff advertised a Request for Proposals (RFP) for design and
engineering services for restroom improvements at PVIC utilizing the PlanetBids service.
The scope of services generally includes the following, and is more thoroughly described
in the attached RFP (Attachment B):
• Assessing the adequacy and conditions of existing plumbing, electrical and
mechanical systems of the restrooms
• Assessing compliance with all applicable codes and regulations governing public
restrooms, including the Americans with Disabilities Act
• Meeting with Staff from the Recreations and Parks and Public Works Departments
as part of the assessments and to determine aesthetic improvements
• Creating at least three concepts of renovated restrooms, along with artistic
renderings and cost estimates
• Presenting the concepts to the City Council
• Developing bid documents, including plans, specifications and a revised cost
estimate based on the concept chosen by the City Council and City Staff
Proposals were received from three firms by the August 3, 2021 deadline, and an
evaluation panel of three Staff members ranked the proposals as follows:
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The evaluation panel ranked Houston Tyner as the top firm.
The Project Manager then began negotiations with Houston Tyner and concluded with a
fixed price fee proposal and refined scope (Attachments C and D). The proposal also
includes hourly rates for additional services, in the event that additional services would
be needed.
The project schedule anticipates starting design work in November and presenting design
options to the City Council in March 2022.
The FY 2021-22 CIP allocates $175,000 for design and construction of the exterior
restrooms, of which $15,000 is estimated to be for design costs. The FY 2021-22 CIP
also estimated approximately $210,000 for the interior restroom improvements in a future
year to be determined. The CIP estimates a cost of $385,000 for the design and
construction of both the interior and exterior restrooms. Subsequent to the adoption of the
FY 2021-22 CIP, a spending plan for the City’s American Rescue Plan Act (ARPA) funds
was developed and approved by the City Council on October 5, 2021. This spending plan
includes ARPA funds for design and construction of both the exterior and interior
restrooms, estimated to be in FY 2022-23. Based on revised schedules, Staff
recommends appropriating ARPA funds at this time for design and engineering services
for both the exterior and interior bathrooms.
Staff recommends awarding a Contract Services Agreement (Attachment A) for design of
restroom improvements for both the exterior and interior restrooms.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative action s are available for the
City Council’s consideration:
1. Reject the Contract Services Agreement with Houston/Tyner and re-solicit
services.
2. Take other action, as deemed appropriate.
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A-1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
HOUSTON / TYNER
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered
into on November 2, 2021, by and between the CITY OF RANCHO PALOS VERDES, a
California municipal corporation (“City”) and HOUSTON / TYNER, 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 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”, as stated in the Proposal, 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
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01203.0001/699503.1 EQG D-1
EXHIBIT “D
Task
Approximate
time to
complete Deadline
Complete ADA & Infrastructure Survey and CAD
backgrounds
Two weeks November 19, 2021
Review Design Preferences with City N/A November 19, 2021
Prepare first round of concepts Four weeks December 17, 2021
Incorporate comments from initial concept
presentation and re-present
Three weeks January 21, 2021
Prepare and Submit Design Development
Drawings
Three weeks February 11, 2022
Present to City Council 1 day March 1, 2022
Complete Bid/Construction Documents and
Submit to City
Three weeks March 23, 2022
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City of Rancho Palos Verdes
RFP- Design & Engineering Services for Public Bathroom Renovations
July 15, 2021
City of Rancho Palos Verdes
Request for Proposals
DESIGN & ENGINEERING SERVICES FOR
PUBLIC BATHROOM RENOVATIONS
Public Works Department
Attention: James O'Neill, Project Manager
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: (310) 544-5247 | Email: joneill@rpvca.gov
RFP Release Date: July 15, 2021
Request for Clarification Deadline: 4:30 p.m. July 22,
2021
RFP Submittal Deadline: 4:30 p.m. August 3, 2021
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City of Rancho Palos Verdes
RFP- Design & Engineering Services for Public Bathroom Renovations
July 15, 2021
DESIGN & ENGINEERING SERVICES FOR PUBLIC BATHROOM
RENOVATIONS
The City of Rancho Palos Verdes is requesting proposals from qualified
consulting firms for Design and Engineering services for renovating
the public restrooms at the City’s Point Vicente Interpretive Center.
All correspondence and questions regarding this RFP should be submitted via
email to:
James O'Neill, Project Manager
Email: joneill@rpvca.gov
To be considered for this project, submit an electronic copy of the proposal to the
above email address by 4:30PM, on August 3, 2021
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City of Rancho Palos Verdes
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July 15, 2021
TABLE OF CONTENTS
I. Introduction Page 4
II. Project Objective Page 4
III. Project Description and Background Page 4
IV. Scope of Services Page 4
V. Preliminary Project Schedule Page 5
VI. Necessary Qualifications and Submittal
Requirements Page 6
VII. Submission of Proposal Page 8
VIII. Evaluation and Selection Process Page 8
IX. Attachments
Attachment A – Site Location Page 12
Attachment B – Aerial Site Photo Page 13
Attachment C – Photos of exterior women’s restroom Page 14
Attachment D – Photos of exterior men’s restroom Page 17
Attachment E – Photos of interior women’s restroom Page 18
Attachment F – Photos of interior men’s restroom Page 21
Sample Professional Services Agreement Page 23
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City of Rancho Palos Verdes
RFP- Design & Engineering Services for Public Bathroom Renovations
July 15, 2021
I. INTRODUCTION
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal
community, with a population of approximately 42,000, located on the Palos Verdes
Peninsula of southwestern Los Angeles County.
The City is a contract city, meaning that some services are provided by contract with
agencies (both public and private) and some services are delivered by the City’s own
employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under
the Council-Manager form of government since its incorporation in 1973. Policy-making
and legislative authority are vested in the governing City Council, which consists of five
Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and
functions on an annual budget cycle.
The purpose of this document is to provide proposers with the information needed to
submit a proposal for review by the City and, if selected, enter into a Professional Service
Agreement with the City. Enclosed is a blank Professional Services Agreement form for
proposers’ review.
II. PROJECT OBJECTIVE
The City is requesting proposals from qualified consulting firms to design and engineer
renovation options for the existing restrooms at the Point Vicente Interpretive Center.
III. PROJECT DESCRIPTION AND BACKGROUND
Restroom improvements are needed at the Point Vicente Interpretive Center to better
represent the City of Rancho Palos Verdes. The restrooms have a history of clogging,
is a source of complaints from the public, and often smell bad. The City is seeking a
analysis of existing conditions and recommendations for renovations to prevent future
failure of plumbing systems, improve ventilation (if deemed necessary), and create
more aesthetically pleasing bathroom experiences for visitors to the facility.
IV. SCOPE OF SERVICES
The City is accepting proposals to provide design and engineering services for proposed
renovations of restrooms at the City of Rancho Palos Verdes’ Point Vicente Interpretive
Center.
SCOPE OF WORK
1. Assess the adequacy and conditions of existing plumbing, electrical and
mechanical systems of the restrooms
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2. Assess compliance with all applicable codes and regulations governing public
restrooms, including the Americans with Disabilities Act
3. Meet with City staff of the Recreations & Parks and Public Works Departments as
part of the assessments and determine aesthetic preferences
4. Create at least three (3) concepts of renovated restrooms, along with artistic
renderings and cost estimates
5. Present the concepts to the Rancho Palos Verdes City Council
6. Develop bid documents including plans, specifications and a revised cost estimate
based on the concept chosen by the City Council, including incorporation of any
feedback provided by the City Council and City staff
Consultant shall complete other tasks deemed necessary for the accomplishment of a
complete and comprehensive outcome as described in the project objective. Consultant
shall expand on the above-noted tasks, where appropriate, and provide suggestions
which might lead to efficiencies and enhance the results or usefulness of the work.
Deliverables
As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City.
1. An assessment report on the adequacy and conditions of existing plumbing,
electrical and mechanical systems, and status of compliance with all applicable
codes and regulations governing public restrooms, including the Americans
with Disabilities Act
2. At least three concepts of renovated restrooms, along with artistic renderings
and cost estimates
3. Bid documents including plans, specifications and revised cost estimates
(based on the concept chosen by the City Council, including incorporation of
any feedback provided by the City Council and City staff)
City staff may request that check-sets or working versions of documents be submitted
for ongoing routine review. City staff will review all deliverables, including preparatory or
record materials for service deliverables, and provide comments. Consultant is required
to revise draft deliverables to address City staffs’ comments.
V. PRELIMINARY PROJECT SCHEDULE
A. RFP Schedule
The following is the anticipated schedule for the RFP process:
Request for Proposal available July 15, 2021
Request for Clarification due 4:30 p.m. on July 22, 2021
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Proposals due 4:30 p.m. on August 3, 2021
Anticipated Notice of Award August 24, 2021
B. Anticipated Project Schedule
Assessments of existing conditions September – mid October
Concepts, estimates and renderings mid October – mid November
Presentation to City Council November 16, 2021
Development of Plans, Specs and Cost Estimate mid November – December
Please note that this schedule is preliminary. It is included to provide the Consultant
with a sense of the expected timeline for the Scope of Service and emphasize the
urgent nature of the work and the City’s expectation that the Scope of Services will be
completed as quickly as possible. The ideal Consultant candidate will have available
resources and personnel, either in-house or under subcontract, to ensure the
completion of the Scope of Services at the earliest possible time.
VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
1. Only one proposal per firm will be considered.
2. The submittal should be typed and as brief as possible while adequately
describing the qualifications of the firm. The final submittal shall be sent as a
PDF via email to James O’Neill, Project Manager at joneill@rpvca.gov.
3. The proposing firm shall submit the following information with the package,
including the same information for subcontractors, in the following format:
a) Cover Letter: Provide the name, address, and phone number of the firm; the
present staff (size, classification, credentials); the primary contact’s name,
phone number, and email address; any qualifying statements or comments
regarding the proposal; and identification of any sub-consultants and their
responsibilities. Identify the firm’s type of organization (individual, partnership,
corporation), including names and contact information for all officers, and
proof that the organization is currently in good standing. The signed letter
should also include a paragraph stating that the firm is unaware of any conflict
of interest in performing the proposed work. (No more than two pages)
b) Approach to Scope of Services: Re-state the Scope of Services with any
additions, expansions, clarifications, or modifications that the firm proposes in
order to provide the services and produce the deliverables contained in this
RFP. Describe how completing the Scope of Services will be approached and
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any cost-saving or value-adding strategies or innovations the firm will bring to
the project. (No more than two pages)
c) Organization and Staffing: Identify the person who will be the Project
Manager and primary contact person responsible for the overall delivery of
the project. Provide an organizational chart of the project team that clearly
delineates communication and reporting relationships among the project staff
and among the sub-consultants involved in the project. Identify key personnel
to perform work in the various tasks and include major areas of subcontracted
work. Indicate the expected contributions of each staff member in time as a
percentage of the total effort. Specifically show the availability of staff to
provide the necessary resource levels to meet the City’s needs. Indicate that
the Project Manager and key staff will remain assigned to this project through
completion of the Scope of Services. (No more than two pages)
d) Staff Qualifications and Experience: Describe qualifications of the assigned
staff and sub-contractors including relevant technical experience. Staff
assigned to complete the Scope of Services must have p revious experience
in providing the necessary services as described under the Scope of
Services. A registered Professional Engineer must be the Project Manager.
Description of Consultant’s experience should include:
Prior Experience: Demonstrate that the firm has significant experience
providing services similar to those described under the Scope of Services.
(No more than two page)
Staff Qualifications: Provide resumes for the Project Manager and any
other key staff members to be assigned to contribute to the Scope of
Services, with an emphasis on similar services which they provided to
other agencies. (No more than ten pages)
Reference Projects: Include at least three projects with similar scope of
services performed by the project team within the past three years and
indicate the specific responsibilities of each team member on the
reference project. Provide contact information for each client. (No more
than ten pages)
e) Project Schedule: Provide a detailed critical-path-method schedule for
completion of the tasks and sub-tasks required to accomplish the scope of
work. Note all deliverables and interim milestones on the schedule. (No more
than one 11” x 17” page)
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f) Quality Control Plan: Describe the quality control procedures and associated
staff responsibilities which will ensure that the deliverables will meet the City’s
needs. (No more than one page)
g) Acceptance of Conditions: State the offering firm’s acceptance of all
conditions listed in the Request for Proposal (RFP) document and Sample
Professional Services Agreement (Attachment D). Any exceptions or
suggested changes to the RFP or Professional Services Agreement (PSA),
including the suggested change, the reasons therefore and the impact it may
have on cost or other considerations on the firm’s behalf must be stated in the
proposal. Unless specifically noted by the firm, the City will rely on the
proposal being in compliance with all aspects of the RFP and in agreement
with all provisions of the PSA. (No more than one page)
VII. Submission of Proposal
A. Requests for Clarification
Requests for clarification of the information contained herein shall be submitted
in writing prior to 4:30 pm on July 22, 2021. Responses to any clarification
question will be provided to each firm from which proposals have been
requested. It is highly recommended that the prospe ctive consultant firms visit
the City to view the project location prior to submitting a request for clarification.
B. Confirmation Email
Upon submission of proposal to the City, the proposing firm shall request an email
confirmation that the proposal was received and retain the email as a record. If an
email confirmation is not received, the proposing firm shall correspond with the
City until a confirmation is received.
VIII. EVALUATIONS AND SELECTION PROCESS
1. Proposals Will be Evaluated Based on the Following Criteria:
a) Approach to Scope of Services (25%)
Understanding of the Scope of Services as demonstrated by the
thoroughness of the proposal, introduction of cost-saving or value-adding
strategies or innovations (including those applying to overall project
schedule), and an overall approach most likely to result in the desired
outcome for the City.
b) Proposal Schedule (20%)
Ability to complete the work in the shortest schedule possible (excluding
time for review and community meetings).
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c) Staff Qualifications and Experience (30%)
Relevance of experience of the proposing firm (to provide support
resources to the project team)
Relevance of experience and strength of qualifications of the Project
Manager
Relevance of experience and strength of qualification s of the key
personnel performing the work
Relevance of referenced projects and client review of performance during
those projects
d) Organization and Staffing (15%)
Availability of key staff to perform the services throughout the duration of
the project
Assignment of appropriate staff in the right numbers to perform the Scope
of Services
Appropriate communication and reporting relationships to meet the City’s
needs
e) Quality Control (10%)
Adequate immediate supervision and review of staff performing the work
as well as appropriate independent peer review of the work by qualified
technical staff not otherwise involved in the project.
2. Selection Process
An evaluation panel will review all proposals submitted and select the top
proposals. The City will then further refine the scope and schedule with that firm
and request a time-and-materials, with a not-to exceed amount, fee proposal. The
City will negotiate the fee with that firm. The City reserves the right to negotiate
special requirements and proposed service levels using the selected proposal as
a basis. If the City is unable to negotiate an agreeable fee for services with top
firm, the City will negotiate with the next firm chosen among the top firms.
3. Award Notification
The City will notify all proposers in writing of the outcome of the selection process
and intent to award. This RFP does not commit the City to award an agreement,
nor pay any costs incurred in the preparation and submission of the proposal in
anticipation of an agreement. The City reserves the right to reject any or all
proposals, or any part thereof, to waive any formalities or informalities, and to
award the agreement to the proposer deemed to be in the best interest of the City
and the Department.
4. Award of Agreement
The selected firm shall be required to enter into a written agreement (see sample
City agreement in Attachment B) with the City, in a form approved by the City
Attorney, to perform the Scope of Services. This RFP and the proposal, or any part
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thereof, may be incorporated into and made a part of the final agreement; however,
the City reserves the right to further negotiate the terms and conditions of the
agreement with the selected consultant. The agreement will, in any event, include
a maximum "fixed cost" to the City.
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Attachment A
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Site location
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Attachment B
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Aerial site photo
Exterior restrooms
Interior restrooms
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Attachment C
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Photos of exterior women’s restroom
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Attachment C
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Attachment C
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Attachment D
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Photos of exterior men’s restroom
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Attachment E
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Photos of interior women’s restroom
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Attachment E
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Attachment E
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Attachment F
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Photos of interior men’s restroom
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Attachment F
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01203.0001/699504.1 EQG 1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
____________________________________
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01203.0001/699504.1 EQG
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
______________________________________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and
entered into on ______________________, 2021, by and between the CITY OF RANCHO
PALOS VERDES, a California municipal corporation (“City”) and
_________________________, a [form of company] (“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 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”, as stated in the Proposal, 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 Proposal 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
Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar day,
or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for
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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 60 (sixty)
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 8 (eight) 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 $25 (twenty five dollars) 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 tha n 8
(eight) hours in any one calendar day and 40 (forty) hours in any one calendar week in violation
of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor
Code section 1815, work performed by employees of Consultant in excess of 8 (eight) hours per
day, and 40 (forthy) 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 1½ (one and one
half) 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.”
Consultant’s Authorized Initials ________
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(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 except at Consultant’s risk until written instructions are received
from the Contract Officer in the form of a Change Order.
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.
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
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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 Change 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 15% of the Contract Sum; or,
in the time to perform of up to 90 (ninety) days, may be approved by the Contract Officer through
a written Change Order. 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.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs and
proposed schedule impacts.
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 $XXX (_______________ Dollars) (the “Contract Sum”), unless
additional compensation is approved pursuant to Section 1.9. Annual compensation shall not
exceed $___________ (_____________ Dollars).
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services; (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, and
(b) 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, using the City template,
or in a format acceptable to the City, for all work performed and expenses incurred during the
preceding month in a form approved by City’s Director of Finance. By submitting an invoice for
payment under this Agreement, Consultant is certifying compliance with all provisions of the
Agreement. The invoice shall detail charges for all necessary and actual expenses by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor
contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not
invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 45 (forty-five) days of receipt of Consultant’s correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer through a Change
Order, but not exceeding 90 (ninety) 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 10 (ten) 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 [INSERT
PERFORMANCE PERIOD] 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 [INSERT
NUMBER OF EXTENSIONS] additional [INSERT DURATION OF EXTENSIONS]-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:
__________________________ __________________________
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(Name) (Title)
__________________________ __________________________
(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 the personnel included in the Proposal 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. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
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 [INSERT NAME OF CONTRACT OFFICER] or such
person as may be designated by the [INSERT DEPARTMENT HEAD]. 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 b e 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 s ign all documents on behalf of the City
required hereunder to carry out the terms of this Agreement.
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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; all subcontractors included in
the Proposal are deemed approved. In addition, neither this Agreement nor any interest herein may
be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of
law, whether for the benefit of creditors or otherwise, without the prior written approval of City.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting
in concert of more than 25% (twenty five percent) 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
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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.
(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 and continuously maintain the insurance it deems
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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 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
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(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 90 (ninety) 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
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant’s business, custody of the
books and records may be given to City, and access shall be provided by Consultant ’s successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate wit h the City in
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01203.0001/699504.1 EQG 14
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
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
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01203.0001/699504.1 EQG 15
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 an d
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 15 (fifteen) 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.
7.3 Retention of Funds.
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01203.0001/699504.1 EQG 16
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 Agre ement.
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 b y 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 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 30 (thirty) 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. Upon receipt of any notice of
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01203.0001/699504.1 EQG 17
termination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. 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
of termination without cause pursuant to this Section, the City need not provide the Consultant
with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 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.
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01203.0001/699504.1 EQG 18
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys’ fees, incurred by City.
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.
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01203.0001/699504.1 EQG 19
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.
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 indirect ly
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.
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01203.0001/699504.1 EQG 20
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]
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01203.0001/699504.1 EQG 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:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
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.
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01203.0001/699504.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 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
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.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may p rove 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 validity of that
document.
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01203.0001/699504.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 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
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.
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 validity of that
document.
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01203.0001/699504.1 EQG A-1
EXHIBIT “A”
SCOPE OF SERVICES
[ATTACH SCOPE OF SERVICES FROM PROPOSAL]
B-47
01203.0001/699504.1 EQG B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
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01203.0001/699504.1 EQG C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
[INSERT COMPENSATION FROM PROPOSAL]
B-49
Attachment G
01203.0001/699504.1 EQG C-2
EXHIBIT “D” SCHEDULE OF PERFORMANCE
[INSERT SCHEDULE OF PERFORMANCE FROM PROPOSAL]
B-50
▀ September 20, 2021
2nd Revision: October 4, 2021
James O’Neill, Project Manager via email: joneill@rpvca.gov
City of Rancho Palos Verdes | Public Works Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
RE: Point Vicente Interpretive Center – Restrooms Renovation
Architectural and Engineering Proposal
Mr. O’Neill,
Houston/Tyner, A Professional Architectural Corporation, respectfully submits this proposal for
architectural and engineering services for the Point Vicente Interpretive Center (“PVIC”) Restrooms
Renovation (“Project”). This proposal to the City of Rancho Palos Verdes (“Client”/“City”) sets
forth the scope of services, fees and basic terms for the Project.
1.0 PROJECT DESCRIPTION
1.1 The Point Vicente Interpretive Center is located at 31501 Palos Verdes Drive
West in Rancho Palos Verdes, CA 90275.
1.2 The scope of services will address necessary improvements for the interior and
exterior public restrooms serving the visitors of the PVIC.
1.3 At this time, the budget for construction is TBD.
1.4 The scope items will include the following:
• Review of existing conditions and MEP systems
• Review of ADA access within the area of renovation
• Meetings with City and Recreation & Parks staff
• As builting of scope areas and transfer of PDF plans into CAD
• Develop design for base scope and two alternates, including renderings
• Provide cost estimate for base scope and two alternates
• Design presentation to the City Council
• Provide final design options based on City comments
• Provide cost estimate at CD submittal
• Submit drawings to building department for review and eventual
approval
1.5 To assist Houston/Tyner with the design efforts, we will engage the following
consultants:
• Structural Engineer: KPFF, Inc.
• MEP Engineer: SCEG
A Professional Architectural Corporation
Architecture
Interior Design
2630
Sepulveda Blvd.
Torrance
California
90505
Tel. 310
326-3050
Fax 310
326-8805
Gary Houston,
AIA, NCARB
Principal
Architect
Russel Tyner,
AIA, NCARB
Principal
Architect
BJ Wickett,
AIA, CASp
Principal
Architect
Gina Cabotaje,
AIA, LEED® AP BD+C
Associate
Architect
Michael McCormick,
RA, LEED® GA
Associate
Architect
Juanita Turner
Associate
Operations Director
HOUSTON / TYNER
C-1
Point Vicente Interpretive Center
Restrooms Renovation Proposal
Revised: October 4, 2021
Page 2 of 4
• Cost Estimator: Cumming Corp.
1.6 The following consultants are not included in this proposal. The City will retain
the following to assist Houston/Tyner, if needed:
• Surveyor
• Soils Engineer
• Civil Engineer
• General Contractor
• Hazardous Material Consultant
1.7 The following items, or areas are excluded from this scope of work, and are
therefore not included in this proposal:
• Main building of PVIC beyond the restrooms remodel scope
• Public areas, or parking lot(s) beyond restrooms renovation
• Offices, or back of house
• Modifications to fire alarm or fire sprinkler system
1.8 Construction Administration is not included in this proposal. These services
can be provided on an hourly basis using our standard hourly rates.
2.0 DESIGN PHASE
In this phase we will create the basis for the design.
2.1 Field measure and assess existing conditions.
2.2 Develop CAD drawings from field measurement in scope areas and overall
building from owner provided PDF files.
2.3 Design floor plan and elevations for base scope and two alternates.
2.4 Prepare interior rendered elevations and material selections.
2.5 Prepare cost estimate for base scope and alternates.
2.6 Present design and estimates to City Council.
3.0 DESIGN DEVELOPMENT
In this Phase, we will refine the design as selected by the City Council. Upon authorization
by Client, we will immediately begin the process of developing specific illustrated
documents that will begin to fix and describe design intent for all specific sections,
portions, and areas of the Project.
3.1 We will create documents which accurately demonstrate design and intent for all
areas of the Project.
3.2 Furnish developed drawings and other documentation/specifications to enable all
design consultants to incorporate the necessary design information into their
construction documents.
3.3 Coordinate the work of consultants with the architectural design.
C-2
Point Vicente Interpretive Center
Restrooms Renovation Proposal
Revised: October 4, 2021
Page 3 of 4
3.4 Design Development drawing package shall include floor plans, reflected ceiling
plans, finish plans, and interior elevations.
3.5 Provide electronic submittal of drawings to the City for review.
4.0 CONSTRUCTION DOCUMENTATIONS PHASE
Upon final approval of the “Design Development” phase, Houston/Tyner will prepare the
Construction Documents which will include plans and specifications for all scope areas
for architectural, electrical, mechanical, and plumbing engineers.
4.1 Coordinate with Project team to review and incorporate mechanical, plumbing,
electrical, structural, architectural, and all code-related requirements.
4.2 Attend conference call meetings with City and Project Manager and/or other
design consultants for the purposes of approvals, comments, and general
coordination.
4.3 Prepare drawings and specifications for the purpose of city submittal, bidding and
construction.
4.4 Submit electronic copy of the final construction documents to the City for record.
5.0 PLAN CHECK
5.1 Houston/Tyner will submit the construction documents to the local public agency
for review and will assist the City in obtaining approval for this project through that
agency. This proposal includes two (2) trips to the building department to
complete this phase.
5.2 Houston/Tyner will deliver to the Client an electronic copy of the drawings and
specifications.
6.0 COMPENSATION
6.1 We propose to provide the above services for a fixed fee, not to exceed THIRTY
THOUSAND SIX HUNDRED DOLLARS ($30,600). The following is a breakdown
of services for your consideration:
Design Phase Architect Structural MEP Engineer Cost
Estimator TOTALS
Plumbing Camera Est. * $2,000 $0 $0 $0 $2,000
Concept Design/Survey $4,000 N/A $2,000 $4,000 $10,000
Design Development $3,000 N/A $1,000 N/A $4,000
Construction Documents $6,000 $2,000 $2,000 $3,000 $13,000
Plan Check $1,000 N/A $600 N/A $1,600
Subtotal $16,000 $2,000 $5,600 $7,000 $30,600
C-3
Point Vicente Interpretive Center
Restrooms Renovation Proposal
Revised: October 4, 2021
Page 4 of 4
6.2 Field camera/scope of the existing plumbing waste lines shall be performed by a
licensed plumber the cost of which will be billed to the City/Owner as a
reimbursable expense. The estimated cost for this work is $2,000.
6.3 We further propose to invoice monthly as the work progresses.
6.4 The following customary reimbursable expenses are included in the fixed fee,
any other items will be billed at actual cost, with Client approval.:
6.4.1 Printing and reproduction.
6.4.2 Plotting & other in-house printing.
6.4.3 Overnight mailing and delivery.
6.4.4 Travel expenses, if needed i.e., mileage, meals, parking fees.
6.5 Should any additional services be required, our standard design team’s hourly
rate is as follows:
• Principal-in-Charge: $250
• Project Architect: $210
• Project Manager: $175
• Designer: $160
• Draftsperson: $135
• Clerical: $100
7.0 TERMS AND CONDITIONS
7.1 As per the terms and conditions of the City of Rancho Palos Verdes Contract
Services Agreement sample provided with the RFP.
7.2 Should this contract be awarded, Houston/Tyner respectfully requests this letter
be incorporated into the contract documents as an exhibit.
Thank you for the opportunity to submit this proposal. Please do not hesitate to call if you have any
questions or require further clarification.
Sincerely,
HOUSTON/TYNER, A Professional Architectural Corporation
William Wickett
William H. Wickett, IV | AIA, CASp, NCARB
President
CA Lic. No. C-30971
C-4
▀ September 20, 2021
2nd Revision: October 4, 2021
James O’Neill, Project Manager via email: joneill@rpvca.gov
City of Rancho Palos Verdes | Public Works Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
RE: Point Vicente Interpretive Center – Restrooms Renovation
Architectural and Engineering Proposal
Mr. O’Neill,
Houston/Tyner, A Professional Architectural Corporation, respectfully submits this proposal for
architectural and engineering services for the Point Vicente Interpretive Center (“PVIC”) Restrooms
Renovation (“Project”). This proposal to the City of Rancho Palos Verdes (“Client”/“City”) sets
forth the scope of services, fees and basic terms for the Project.
1.0 PROJECT DESCRIPTION
1.1 The Point Vicente Interpretive Center is located at 31501 Palos Verdes Drive
West in Rancho Palos Verdes, CA 90275.
1.2 The scope of services will address necessary improvements for the interior and
exterior public restrooms serving the visitors of the PVIC.
1.3 At this time, the budget for construction is TBD.
1.4 The scope items will include the following:
• Review of existing conditions and MEP systems
• Review of ADA access within the area of renovation
• Meetings with City and Recreation & Parks staff
• As builting of scope areas and transfer of PDF plans into CAD
• Develop design for base scope and two alternates, including renderings
• Provide cost estimate for base scope and two alternates
• Design presentation to the City Council
• Provide final design options based on City comments
• Provide cost estimate at CD submittal
• Submit drawings to building department for review and eventual
approval
1.5 To assist Houston/Tyner with the design efforts, we will engage the following
consultants:
• Structural Engineer: KPFF, Inc.
• MEP Engineer: SCEG
A Professional Architectural Corporation
Architecture
Interior Design
2630
Sepulveda Blvd.
Torrance
California
90505
Tel. 310
326-3050
Fax 310
326-8805
Gary Houston,
AIA, NCARB
Principal
Architect
Russel Tyner,
AIA, NCARB
Principal
Architect
BJ Wickett,
AIA, CASp
Principal
Architect
Gina Cabotaje,
AIA, LEED® AP BD+C
Associate
Architect
Michael McCormick,
RA, LEED® GA
Associate
Architect
Juanita Turner
Associate
Operations Director
HOUSTON / TYNER
D-1
Point Vicente Interpretive Center
Restrooms Renovation Proposal
Revised: October 4, 2021
Page 2 of 4
• Cost Estimator: Cumming Corp.
1.6 The following consultants are not included in this proposal. The City will retain
the following to assist Houston/Tyner, if needed:
• Surveyor
• Soils Engineer
• Civil Engineer
• General Contractor
• Hazardous Material Consultant
1.7 The following items, or areas are excluded from this scope of work, and are
therefore not included in this proposal:
• Main building of PVIC beyond the restrooms remodel scope
• Public areas, or parking lot(s) beyond restrooms renovation
• Offices, or back of house
• Modifications to fire alarm or fire sprinkler system
1.8 Construction Administration is not included in this proposal. These services
can be provided on an hourly basis using our standard hourly rates.
2.0 DESIGN PHASE
In this phase we will create the basis for the design.
2.1 Field measure and assess existing conditions.
2.2 Develop CAD drawings from field measurement in scope areas and overall
building from owner provided PDF files.
2.3 Design floor plan and elevations for base scope and two alternates.
2.4 Prepare interior rendered elevations and material selections.
2.5 Prepare cost estimate for base scope and alternates.
2.6 Present design and estimates to City Council.
3.0 DESIGN DEVELOPMENT
In this Phase, we will refine the design as selected by the City Council. Upon authorization
by Client, we will immediately begin the process of developing specific illustrated
documents that will begin to fix and describe design intent for all specific sections,
portions, and areas of the Project.
3.1 We will create documents which accurately demonstrate design and intent for all
areas of the Project.
3.2 Furnish developed drawings and other documentation/specifications to enable all
design consultants to incorporate the necessary design information into their
construction documents.
3.3 Coordinate the work of consultants with the architectural design.
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Point Vicente Interpretive Center
Restrooms Renovation Proposal
Revised: October 4, 2021
Page 3 of 4
3.4 Design Development drawing package shall include floor plans, reflected ceiling
plans, finish plans, and interior elevations.
3.5 Provide electronic submittal of drawings to the City for review.
4.0 CONSTRUCTION DOCUMENTATIONS PHASE
Upon final approval of the “Design Development” phase, Houston/Tyner will prepare the
Construction Documents which will include plans and specifications for all scope areas
for architectural, electrical, mechanical, and plumbing engineers.
4.1 Coordinate with Project team to review and incorporate mechanical, plumbing,
electrical, structural, architectural, and all code-related requirements.
4.2 Attend conference call meetings with City and Project Manager and/or other
design consultants for the purposes of approvals, comments, and general
coordination.
4.3 Prepare drawings and specifications for the purpose of city submittal, bidding and
construction.
4.4 Submit electronic copy of the final construction documents to the City for record.
5.0 PLAN CHECK
5.1 Houston/Tyner will submit the construction documents to the local public agency
for review and will assist the City in obtaining approval for this project through that
agency. This proposal includes two (2) trips to the building department to
complete this phase.
5.2 Houston/Tyner will deliver to the Client an electronic copy of the drawings and
specifications.
6.0 COMPENSATION
6.1 We propose to provide the above services for a fixed fee, not to exceed THIRTY
THOUSAND SIX HUNDRED DOLLARS ($30,600). The following is a breakdown
of services for your consideration:
Design Phase Architect Structural MEP Engineer Cost
Estimator TOTALS
Plumbing Camera Est. * $2,000 $0 $0 $0 $2,000
Concept Design/Survey $4,000 N/A $2,000 $4,000 $10,000
Design Development $3,000 N/A $1,000 N/A $4,000
Construction Documents $6,000 $2,000 $2,000 $3,000 $13,000
Plan Check $1,000 N/A $600 N/A $1,600
Subtotal $16,000 $2,000 $5,600 $7,000 $30,600
D-3
Point Vicente Interpretive Center
Restrooms Renovation Proposal
Revised: October 4, 2021
Page 4 of 4
6.2 Field camera/scope of the existing plumbing waste lines shall be performed by a
licensed plumber the cost of which will be billed to the City/Owner as a
reimbursable expense. The estimated cost for this work is $2,000.
6.3 We further propose to invoice monthly as the work progresses.
6.4 The following customary reimbursable expenses are included in the fixed fee,
any other items will be billed at actual cost, with Client approval.:
6.4.1 Printing and reproduction.
6.4.2 Plotting & other in-house printing.
6.4.3 Overnight mailing and delivery.
6.4.4 Travel expenses, if needed i.e., mileage, meals, parking fees.
6.5 Should any additional services be required, our standard design team’s hourly
rate is as follows:
• Principal-in-Charge: $250
• Project Architect: $210
• Project Manager: $175
• Designer: $160
• Draftsperson: $135
• Clerical: $100
7.0 TERMS AND CONDITIONS
7.1 As per the terms and conditions of the City of Rancho Palos Verdes Contract
Services Agreement sample provided with the RFP.
7.2 Should this contract be awarded, Houston/Tyner respectfully requests this letter
be incorporated into the contract documents as an exhibit.
Thank you for the opportunity to submit this proposal. Please do not hesitate to call if you have any
questions or require further clarification.
Sincerely,
HOUSTON/TYNER, A Professional Architectural Corporation
William Wickett
William H. Wickett, IV | AIA, CASp, NCARB
President
CA Lic. No. C-30971
D-4
FY2021-22 Capital Improvement Program
8500 Series Public Buildings Projects Project Code: 8508
Restroom Improvements at the Point Vicente Interpretive Center
This project is intended to improve the function and aesthetics of the
bathrooms (interior and exterior) at the Point Vicente Interpretive Center
and consists of:
‐ Replacing existing plumbing and fixtures
‐ Replacing wall and ceiling surfaces
‐ Replacing existing flooring
‐ Installing new stall dividers
‐ Installing new lighting fixtures, mirrors and accessory equipment
(hand dryers, toilet paper dispensers, etc.)
Project Cost Estimates
Prior FYs FY21/22 FY22/23 FY23/24 FY24/25 FY25/26 FY TBD Totals
Planning N/A $0 $0 $0 $0 $0 $0 $0
Engineering N/A $15,000 $0 $0 $0 $0 $15,000 $30,000
Environmental N/A $0 $0 $0 $0 $0 $0 $0
Management N/A $5,000 $0 $0 $0 $0 $10,000 $15,000
Construction N/A $110,000 $0 $0 $0 $0 $130,000 $240,000
Contingency N/A $35,000 $0 $0 $0 $0 $40,000 $75,000
Inspection N/A $10,000 $0 $0 $0 $0 $15,000 $25,000
N/A $175,000 $0 $0 $0 $0 $210,000 $385,000
Funding
330 (CIP) N/A $175,000 $0 $0 $0 $0 $210,000 $385,000
N/A $175,000 $0 $0 $0 $0 $210,000 $385,000
Estimated annual operating cost To Be Determined
Estimated Schedule:
Engineering and Construction for the exterior bathrooms in Fiscal Year 2021-22
Engineering and Construction for the interior bathrooms in a Fiscal Year to be determined.
Project Location Map Background and Justification:
The plumbing in the existing restrooms (both interior and exterior) often
clogs, requiring the bathrooms to be placed out of service and is a source
of regular complaints from the public.
Even when in service, the restrooms often smell bad as a result of poor
plumbing.
Bathroom improvements are needed at the PVIC to better represent the
City of Rancho Palos Verdes, and provide better facilities to the public and
those who rent the facility for weddings and special events.
E-1