McGee Surveying Consulting - FY2023-013-01AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
(“Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES (“City”) and
MICHAEL R. MCGEE, PLS D/B/A MCGEE SURVEYING CONSULTING, a sole
proprietorship (“Consultant”) is effective as of February 21, 2023.
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services
dated August 30, 2022 (“Agreement”) whereby Consultant agreed to provide land surveying
services (the “Services”) for one (1) year, for a Contract Sum of $24,999.
B. Part of the land surveying services included monitoring of the Portuguese Bend
Landslide Area from September 2022 to October 2022.
C. City requires additional surveying and monitoring of the Portuguese Bend
Landslide Area for Winter and Spring 2023.
D. City and Consultant therefore desire to amend the Agreement to add the additional
surveying and monitoring services and increase the compensation by $19,020 for a total Contract
Sum of $44,019.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikethrough and added text in bold italics.
a. Section 2.1, Contract Sum, is amended to read:
“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
$24,999 (Twenty-Four Thousand Nine Hundred Ninety-Nine Dollars) $44,019
(Forty Four Thousand Nineteen Dollars) (the “Contract Sum”), unless additional
compensation is approved pursuant to Section 1.9.”
b. Exhibit “A” Scope of Services, is replaced with Exhibit “A”
Amendment No. 1 Scope of Services attached hereto and incorporated herein.
c. Exhibit “C” Schedule of Compensation, is replaced by Exhibit “C”
Amendment No. 1 Schedule of Compensation, attached hereto and
incorporated herein. Exhibit “C-1” Personnel Rates shall remain unchanged.
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d. Exhibit “D” Schedule of Performance, is replaced by Exhibit “D”
Amendment No. 1 Schedule of Performance, attached hereto and incorporated
herein.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement,
it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 1,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 1,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 1.
5. Authority. The persons executing this Amendment No. 1 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 Amendment No. 1 on behalf of said party, (iii) by so executing this
Amendment No.1 , such party is formally bound to the provisions of this Amendment No. 1, and
(iv) the entering into this Amendment No.1 does not violate any provision of any other agreement
to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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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
____________________________________
Barbara Ferraro, Mayor
ATTEST:
_________________________________
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
William W. Wynder, City Attorney
CONSULTANT:
MICHAEL R. MCGEE, PLS D/B/A
MCGEE SURVEYING CONSULTING, a
sole proprietorship
By: ________________________________
Name: Michael R. McGee
Title: Owner
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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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 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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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon beha lf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing 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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EXHIBIT “A”
AMENDMENT NO. 1 SCOPE OF SERVICES
I. Consultant will provide land surveying support services and on-call technical
support on the Filiorum survey, as outlined in Task 1; and provide survey services
for the Portuguese Bend Landslide Monitoring Program, as outlined in Task 2.
A. Task 1 Filiorum Survey Services
Land Surveying Services on the southwesterly portion of 7572-012-028 north of
Palos Verdes Drive South being the east line of Tract No. 23434 recorded in Book
624 Page 57 of Maps of the Los Angeles County Recorder’s Office, in the City of
Rancho Palos Verdes. The purpose of the survey is to locate on the ground and
mark the easterly boundaries of Lots 30, 31 and 32 off Arrowroot Lane of Tract
No. 23434. The Services shall include
1. Research and analysis of recorded maps of prior surveys.
2. Review Lot boundaries and correlate with record maps.
3. Perform a field survey to search and recover existing boundary control
monuments and determine the location of said Lot lines.
4. Perform a field survey to locate fences and improvements that are
evidence of the easterly extent of occupation along the easterly boundary
of said Lots 30, 31 and 32.
5. Set wood stakes marking the east lines of said Lots. If there are issues with
access to the interior of said Lots, then reference stakes will be set easterly
of said Lot lines on a 10-20 foot offset along the existing chain link fence.
B. Task 2 Consulting Services and Land Surveying Services for the Portuguese
Bend Landslide Monitoring Program
Consultant shall provide the following triannual services (September-October,
February-March, and April-May):
1. September-October 2022 Monitoring Survey consists of a survey of 67
points. A Partial Monitoring Survey of a subset of 33 points follows in
February-March 2023 and in April-May 2023.
2. Review reports and date for the prior surveys, assess the present status of
monitoring points and plan the field campaign for the annual Primary
October Monitoring.
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3. Field site reconnaissance to check condition and access to points and
perform maintenance as necessary to preserve the monitoring points. The
City of Rancho Palos Verdes maintains the access routes and will remove
excess foliage on-site that obstructs the sky view of satellites.
4. Perform GNSS field surveys utilizing precise geodetic GNSS satellite
receivers to collect data on the monitoring points and relate the survey to
the stable reference stations noted above. Each monitoring point will be
observed multiple times as necessary to meet the applicable standard of
accuracy. Multiple observations will occur at different times of the day to
obtain independent checks on the quality of the measurements.
5. Process and analyze the field observations, compare measurements to
validate the recovery of the reference frame, data analysis and QAQC,
followed by network adjustments to determine the monitoring point
movements and their California State Plane Coordinates (grid coordinates)
and elevations.
6. Analyze the results of the Initial September-October Monitoring Survey and
within 45 days of completion update and submit the Monitoring Survey
Movement spreadsheet reporting the annual year over year movements and
overall movements since the 1994 monitoring survey.
7. After completion of the April-May Survey, the prior year’s Monitoring
Survey Report will be updated to reflect the Initial and Partial Surveys.
The status, descriptions and photos of the monitoring points will be
updated in support of future surveys.
II. All work product is subject to review and acceptance by the City and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
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EXHIBIT “C”
AMENDMENT NO. 1 SCHEDULE OF COMPENSATION
Consultant shall perform services at the budgeted, not to exceed amounts for each task in
the Task Budget shown below:
Task Description Amount
Task 1 Land Surveying
Research and analysis of record maps of prior surveys.
Review lot boundaries and correlate with record maps.
Perform a field survey to search and recover existing
boundary control monuments and determining the
location of lot lines. Perform a field survey to locate
fences and improvements that are evidence of the
easterly extent of occupation along the easterly
boundary of lots 30, 31, and 32. Set wood stakes
marking the east lines of lots. If there are issues with
access to the interior of the lots, then reference stakes
will be set easterly of lot lines on a 10 – 20 foot offset
along the existing chain link fence.
$4,200
Task 2 Consulting and Land Surveying Services for the Portuguese Bend Landslide
Monitoring Program
See Section I.B. of Exhibit “A”. $39,819
TOTAL not to exceed $44,019
Rates for Task Order Services in accordance with Exhibit “C-1”, Personnel Rates.
The City will compensate Consultant for the Services performed upon submission of a valid
invoice. Each invoice shall be accompanied by all Task Proposals for which Consultant is
requesting compensation.
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EXHIBIT “D”
AMENDMENT NO. 1 SCHEDULE OF PERFORMANCE
I. Consultant shall complete the Tasks in accordance with the following schedule:
A. Consultant shall complete Task 1 no later than 4 weeks after receiving a Notice to
Proceed from the City and shall not receive additional compensation for work
completed after the Task Completion Date.
B. Consultant shall complete Task 2 by June 1, 2023.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3 2.
DocuSign Envelope ID: 50927454-E1BB-4855-9913-FC08FB022630
Certificate Of Completion
Envelope Id: 50927454E1BB48559913FC08FB022630 Status: Completed
Subject: Complete with DocuSign: Attachment A - McGee Surveying Amendment 1.docx
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Certificate Pages: 5 Initials: 0 Cheri Bailiff
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30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
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Michael R. McGee
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Electronic Record and Signature Disclosure created on: 6/15/2021 5:55:39 PM
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PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
MCGEE SURVEYING CONSULTING
01203 0006/812630 1 1
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
MCGEE SURVEYING CONSULTING
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein "Agreement") is made
and entered into on August 30, 2022, by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation ("City") and MICHAEL R MCGEE, PLS
D/B/A MCGEE SURVEYING CONSULTING, a sole propnetorship ("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 descnbed 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 authonty
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 entenng 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 descnbed herein Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all matenals will be both of good quality as well as fit for the purpose
01203 0006/812630 I
intended For purposes of this Agreement, the phrase "highest professional standards" shall mean
those standards of practice recognized by one or more first-class firms performing similar work
under similar circumstances
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's 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 junsdiction 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 Industnal 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 prescnbed 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
01203 0006/812630 I 2
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 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 venfy such records in wnting 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 Pnor 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 dunng which such worker is required or permitted to work
more than 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 (forty) 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 1'/2
(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 "
01203 0006/812630 I 3
Consultant's Authorized Initial44_'2 '
(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
matenally affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's nsk until written instructions
are received from the Contract Officer 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, matenals, 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
01203 0006/812630 1 4
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement Unless hereafter specified, neither party shall be responsible
for the service of the other
1.9 Additional Services.
City shall have the right at any time dunng 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 wntten 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 wntten 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 nsk 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
01203 0006/812630 1 5
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 $24,999 (Twenty-Four Thousand Nine Hundred Ninety-
Nine Dollars) (the "Contract Sum"), unless additional compensation is approved pursuant to
Section 1 9
2 2 Method of Compensation.
The method of compensation may include (i) a lump sum payment upon completion, (ii)
payment in accordance with specified tasks or the percentage of completion of the services, (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 cntical 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
01203 0006/812630 1 6
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 onginal 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 nghts or remedies provided
herein or any applicable law
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
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 penod(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 penod(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 penod(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 penod 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
01203 0006/812630 1 7
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 1 year
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
"D„)
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Pnncipals") 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
Michael McGee Owner_
(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 Pnncipals 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 nght 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
01203 0006/812630 1 8
4 3 Contract Officer.
The Contract Officer shall be Ron Dragoo, Principal Engineer or such person as may be
designated by the Director of Public Works It shall be the Consultant's responsibility to assure
that the Contract Officer is kept informed of the progress of the performance of the services and
the Consultant shall refer any decisions which must be made by City to the Contract Officer
Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer The Contract Officer shall have authority, if specified in
writing by the City Manager, to sign all documents on behalf of the City required hereunder to
carry out the terms of this Agreement
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein City shall have no voice in the selection, discharge,
supervision or control of Consultant's employees, servants, representatives or agents, or in fixing
their number, 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 pnor wntten approval of
City Transfers restncted 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
01203 0006/812630 1 9
expense dunng the term of this Agreement, policies of insurance of the type and amounts
descnbed 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 restncting standard ISO "insured contract" language
will not be accepted
(b) Automobile liability insurance Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident
(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 nght to require complete, certified copies of all required insurance policies, at any
time
01203 0006/812630 1 10
(b) Duration of coverage Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injunes to persons or damages to
property, which may anse from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants
(c) Primary/noncontnbuting 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
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 authonzed 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 pnor to a loss Consultant hereby waives its own nght of recovery
against City, and shall require similar wntten 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
01203 0006/812630 1 1 1
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
(1) 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 !mutations 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
(1) Separation of insureds A scycrability 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 Sell-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
01203 0006313630 1 12
(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 ans►ng from Consultant s or
indemnitors' reckless or willful misconduct or arising from Consultant s or indemnitors
negligent performance of or failure to perform any term provision,covenant or condition of this
Agreement,and in connection therewith
(a) Consultant will defend any action or actions filed in connection with any
ot said claims or liabilities and will pay all costs and expenses,including legal costs and
attorneys tees 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 tailure to perforin such work.operations or activities ot
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 pertormance of or tailure to pertorm 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 ot City to monitor compliance with these provisions shall not be a waiter 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 protessional
services hereunder The provisions of this Section do not apply to claims or liabilities occurring
as a result of City s sole negligence or willtul 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 processionals indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence,recklessness or willful misconduct of the design professional The
of 203 0006,8 i 2630 i 13
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement
ARTICLE 6 RECORDS,REPORTS,AND RELEASE OF INFORMATION
61 Records.
Consultant shall keep, and require subcontractors to keep such ledgers, books of
accounts invoices,vouchers canceled checks,reports studies or other documents relating to the
disbursements charged to City and services performed hereunder(the`books and records ) as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance ot such services Any and all such documents shall be
maintained in accordance with generally accepted accounting pnnciples and shall be complete
and detailed The Contract Officer shall hay a full and free access to such books and records at all
times dunng normal business hours of City including the right to inspect,copy,audit and make
records and transcnpts from such records Such records shall be maintained tor a penod of three
(3)years following completion of the services hereunder and the City shall have access to such
records in the event any audit is required In the event of dissolution of Consultant s business
custody of the books and records may be given to City and access shall be provided by
Consultant s successor in interest Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the Calitonua Public Records
Act
6 2 Reports
Consultant shall penodically 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 material]', 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
63 Ownership of Documents.
All drawings specifications maps, designs photographs studies, surveys, data, notes,
computer files reports records documents and other materials(the`documents and matenals )
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 ot 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
01203 0006.812630 1 14
uncompleted documents without specific wntten 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 nght to use the concepts embodied therein
All subcontractors shall provide tor assignment to City of any documents or matenals 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 matenals that may qualify as works made for hire' as defined in 17 USC § 101 such
documents and materials are hereby deemed`works made for hire'for the City
6 4 Confidentrahty 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
authonzation from the Contract Officer
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authonzation from the Contract Officer or unless requested by the Oh
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions response to interrogatones 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 prompth notih City should Consultant, its otlicers
employees, agents or subcontractors be served with any summons complaint, subpoena, notice
of deposition request for documents, interrogatones 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 nght,but has no obligation to represent Consultant or be
present at any deposition, hearing or similar proceeding Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant However, this right to review any such response does not imply or mean
the nght by City to control,direct or rewrite said response
ARTICLE 7 ENFORCEMENT OF AGREEMENT AND TERMINATION
7 1 Cahfornia 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
01203 0006812630 1 1 5
instituted in the Superior Court of the County of Los Angeles State of California,or any other
appropnate 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 pcnod 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 nghts arising out of any provision of this Agreement
7 3 Retention of Funds.
Consultant hereby authonzes City to deduct from any amount payable to Consultant
(whether or not ansmg 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(u)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 nght to deduct or to withhold shall not however affect the obligations of
the Consultant to insure indemnity and protect City as elsewhere provided herein
7 4 Walser
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term,condition,or covenant Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement No delay or omission in the exercise of any nght or remedy by
a non-defaulting party on any default shall impair such nght or remedy or be construed as a
waiver An 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
01293 0006813630 i 16
7 5 Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement the nghts and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
drfterent times, of any other rights or remedies for the same default or any other default by the
other party
7 6 Legal Acton
In addition to any other nghts 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 detault, 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
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 pnor to the effective date of the notice ot 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 Parts
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 Cih as previously stated
(b) Consultant may,after compliance with the provisions ot Section 7 2 terminate the
Agreement upon written notice to the Cat's Contract Officer Consultant shall be entitled to
payment for all work performed up to the date of termination
01203 0006/812630 1 17
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 relict which may be granted whether legal or
equitable,shall be entitled to reasonable attorney s tees Attorney's fees shall include attorney s
tees on any appeal and in addition a party entitled to attorney s tees 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-habihty of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest,in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor or for breach of any obligation of the
terms of this Agreement
8 2 Conflict of Interest
Consultant covenants that neither it,nor any officer or pnncipal 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 ot this Agreement, no person
having any such interest shall be employed by it as an officer,employee agent or subcontractor
without the express wntten consent ot the Contract Officer Consultant agrees to at all times
avoid conflicts of interest or the appearance ot any conflicts of interest with the interests of City
in the performance of this Agreement
No officer or employee ot 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 atTects 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 discnmmation against or segregation of,
any person or group of persons on account o1 race, color, creed religion sex gender, sexual
onentation,marital status,national ongin,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 dunng employment without regard to their race color, creed,
0i ro3 000e si 2630 i 18
religion. sex, gender sexual onentation, marital status national ongin, 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 el seq as amended and in connection
therewith shall not employ unauthonzed 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 tor such use ot
unauthonzed aliens,Consultant hereby agrees to and shall reimburse ON tor the cost of all such
liabilities or sanctions imposed, together with any and all costs including attorneys tees,
incurred by City
ARTICLE 9 MISCELLANEOUS PROVISIONS
91 Notices.
Any notice, demand, request document. consent. approval or communication either
party desires or is required to give to the other party or any other person shall be in wilting 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 mati change its address by notifying the other party of the change of
address in wnting 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 ot 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 ot which shall be deemed to be an
onginal 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 ot 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
012030006.si of 19
the City Council The parties agree that this requirement for wntten modifications cannot be
waived and that any attempted waiver shall be void
9 5 Severabahty
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 tins Agreement which may affect his/her financial interest or the financial interest of
any corporation_ partnership,or association in which(s)he is directly or indirectly interested or
in violation of any corporation.partnership,or association in which(s)he is directly or indirectly
interested or in violation of any State or municipal statute or regulation The determination of
financial interest' shall be consistent with State law and shall not include interests found to be
remote or noninterests pursuant to Government Code Sections 1091 or 1091 5 Consultant
warrants and represents that it has not paid or given,and will not pay or give,to any third party
including, but not limited to, any City official. officer,or employee, any money consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement
Consultant further warrants and represents that (s)he/at 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 Initial a' 1
9 7 Corporate Autbonty
The persons executing this Agreement on behalt of the parties hereto warrant that(i)such
party is duly organized and existing, (u) 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 tins Agreement, and (iv)that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound This Agreement shall
be binding upon the heirs,executors,administrators,successors and assigns of the parties
[SIGNATURES ON FOLLOWING PAGE
01203 0006812630 1 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above wntten
CITY
CI a -• P• .OS VERDE.S,a
unicipal •. .i :tion
•
_
Araa '� -t ani-
.: anagen
ATTEST
eresa T ol.a,City Clerk
APPROVED AS TO FORM
ALESHIRE&WYNDER LLP
/1)d
William W %A/wider City ttornev
CONSULTANT
McGEE SURVEYING CONSULTING
By
Name Michael McGee
TitleOwner ) / J� / -
Bv,/'[/ QL G /1a�l 1 ! " c U'
Name
Title D W pt,eJ— /
Address 5 2 44 Q L' 10e- A), `v7
$€.&i t_,*erg GL4 aj-51
TO corporate officer signatures required when Consultant is a corporation,wit a signature requited
from each of the following groups 1)Chairman of the Board,President or any Vice President and 2)
Secretary,any Assistant Secretart Chief Financial Officer or any Assistant Treasurer CONSULTANT S
SIGNATURES SHALL BE DULY NOTARIZED,AND APPROPRIATE AI 1 l,1 ATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,ARTICLES OF INCORPORATION OR
OTHER RULES OR REGULATIONS APPLIC ABLE TO CONSULTANT'S BUSINESS ENTITY
01203 000681'.530 1 21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing tins certificate venfres only,the identih of the mdividual who slgled
the document to winch this certificate is attached,and not the truthfidness accaram or validity of that document
STATE OF CALIFOR I A
cousrf OFSa•►r+* 6 44AP
Nowa 0640106~e
On A4 i4f I9 2022 before me r itrn►rt 4.4 r;personally appeared ►1i6 •N°proved to me on
the basis of satisfactory evidence to be the persons)whose names(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/them au thonred capactv(ies),aml that by
his/her/thin signature(s)on the instrur eid the person(s),or the mints upon behalf of winch the person(s)acted,
executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of Cahforrma that the foregoing paragraph is
true and correct
WITNESS nix hand and cul seal • THOMAS DEMOURKAS
- Notary Public Coliform
Signature Santa Barbara County I f
is
• "i31'My Comm Expires Jul 20 3025
OPTIONAL
Though the data below is not required br law it mar pane valuable to persons retying on the document and could 1
prevent fraudulent react chment of this form
CAPACIII CLAMED B1 SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR Ti PE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIANJCONSERVATOR
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER TITAN N ANTED ABOVE
01203 00064312630 1
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will provide land surveying support services and on-call technical
support on the Filiorum survey,as outlined in Task 1; and provide on-call survey
services as requested, as outlined m Task 2
A Task 1 Filiorum Survey Services
Land Surveying Services on the southwesterly portion of 7572-012-028 north of
Palos Verdes Drive South being the east line of Tract No 23434 recorded in Book
624 Page 57 of Maps of the Los Angeles County Recorder's Office, in the City of
Rancho Palos Verdes The purpose of the survey is to locate on the ground and
mark the easterly boundanes of Lots 30, 31 and 32 off Arrowroot Lane of Tract
No 23434 The Services shall include
1 Research and analysis of recorded maps of pnor surveys
2 Review Lot boundaries and correlate with record maps
3 Perform a field survey to search and recover existing boundary control
monuments and determine the location of said Lot lines
4 Perform a field survey to locate fences and improvements that are
evidence of the easterly extent of occupation along the easterly boundary
of said Lots 30, 31 and 32
5 Set wood stakes marking the east lines of said Lots If there are issues with
access to the intenor of said Lots, then reference stakes will be set easterly
of said Lot lines on a 10-20 foot offset along the existing chain link fence
B Task 2 General On-Call Consulting Services and Land Surveying Services
Consultant will provide on-call support to process and address technical land
surveying issues as requested by the City's Contract Officer, including but not
limited to, review of lot descriptions, meets and bounds descriptions, survey
documents, setting permanent monuments, preparation of Record of Survey
Maps, processing Record of Survey Maps with Los Angeles County Surveyor,
and other tasks as may be necessary to complete the requested services
II. All work product is subject to review and acceptance by the City and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City
01203 0006/812630 1 A-1
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in stRIEetlifeugh
l Subsection (d) of Section 5 1, Insurance Coverages, is hereby amended to read
(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) This Workers Compensation Insurance requirement may be waived by the
Contract Officer, in his or her sole discretion, upon satisfactory proof that Consultant does not
employ workers or sub consultants in the performance of his work.
01203 0006/812630 i B-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Consultant shall perform services at the budgeted, not to exceed amounts for each task in
the Task Budget shown below:
Task Description Amount
Task 1 Land Surveying
Research and analysis of record maps of prior surveys $4,200
Review lot boundaries and correlate with record maps
Perform a field survey to search and recover existing
boundary control monuments and determining the
location of lot lines Perform a field survey to locate
fences and improvements that are evidence of the easterly
extent of occupation along the easterly boundary of lots
30, 31, and 32 Set wood stakes marking the east lines of
lots If there are issues with access to the intenor of the
lots, then reference stakes will be set easterly of lot lines
on a 10 — 20 foot offset along the existing chain link
fence
Task 2 On-call Consulting and Land Surveying
Pursuant to Contract Officer's Task Order review of lot Pursuant to Task
descriptions, meets and bounds descriptions, survey Budget approved
documents, setting permanent monuments, preparation of by Contract Officer
Record of Survey Maps, processing Record of Survey
Maps with Los Angeles County Surveyor, and other tasks
as may be necessary to complete the requested services
TOTAL not to exceed $24,999
Rates for Task Order Services in accordance with Exhibit"C-1", Personnel Rates
The City will compensate Consultant for the Services performed upon submission of a valid
invoice Each invoice shall be accompanied by all Task Proposals for which Consultant is
requesting compensation
01203 0006/812630 1 C-1
EXHIBIT "C-1"
PERSONNEL RATES
MCGEE SURVEYING CONSULTING
5290 Oierpaas Road Sten 07 Santa Barbara.CA 01111
Telephone 80S 964 3520—michael@sbco\mail corn
2021 FEE SCHEDULE
SERVICES
OFFICE and FIELD HOURLY RATE
Principal Licensed Surveyor & Consultant $ 252
Technician $ 148
Clerical $ 50
FIELD
1-Person Survey Crew (Licensed Surveyor) $ 252
2-Person Survey Crew $ 300-400
FORENSIC
Expert Witness Depositions (2 hour minimum) $ 504 00
Expert Witness Testimony (2 hour minimum) $ 504 00
EOUIPMENT
GNSS/RTK Satellite Measurement System $ 40/hr
Computers copies and miscellaneous field and office supplies and vehicle mileage are included in the
above rates Outside sen ices and per diem charged at cost
01203 0006/812630 1 C-2
EXHIBIT"D"SCHEDULE OF PERFORMANCE
I Consultant shall complete each Task no later than 4 weeks after receiving a Notice to
Proceed from the City and shall not receive additional compensation for work completed
after the Task Completion Date
II The Contract Officer may approve extensions for performance of the services in
accordance with Section 3 2
01203 0006812630 l D-I