CC SR 20220906 J - 3001 Crest Road Retaining Wall PSA
CITY COUNCIL MEETING DATE: 09/06/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a Professional Services Agreement to Biggs
Cardosa Associates for engineering services for repairing/rehabilitating/replacing the
deteriorated retaining wall within City’s easement area on property at 3001 Crest Road.
RECOMMENDED COUNCIL ACTION:
(1) Award a professional services agreement to Biggs Cardosa Associates for design
and engineering services for the repairing/rehabilitating/replacing the deteriorated
retaining wall at 3001 Crest Road in the amount of $86,895 with a 15% contingency
of $13,034 totaling a not to exceed expenditure of $99,929 ; and
(2) Authorize the Mayor to execute the professional services agreement in a form
acceptable to the City Attorney.
FISCAL IMPACT: The recommended City Council action will result in a total not to
exceed expenditure of $99,929, including contingency, for design
and engineering services. The cost is included in the Council-
adopted FY 2022-23 Capital Improvement Program.
Amount Budgeted: $100,000
Additional Appropriation: $0
Account Number(s): 330-400-8853-8005 (CIP Fund – Crest Rd/Engineering Design Services)
ORIGINATED BY: Ramzi Awwad, Public Works Director
REVIEWED BY: Same as above
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement with Biggs Cardosa Associates (page A-
1)
B. Proposal from Biggs Cardosa Associates (page B-1)
C. FY 2022-23 Capital Improvement Program Project Sheet Retaining Wall at
3001 Crest Road (page C-1)
1
BACKGROUND:
As part of a project by Los Angeles County to widen Crest Road in the 1960s, a retaining
wall was built to support the existing driveway leading to the property at 3001 Crest Road.
A portion of the retaining wall was within the public right -of-way, and an easement was
created for the remaining portion. Maintenance of the retaining wall was subsequently
transferred from the County to the City upon its incorporation. A legal analysis conducted
by the City Attorney’s Office concluded that the retaining wall in the City’s easement is
the City’s maintenance responsibility. An independent inspection of the retaining wall in
2021 concluded that it was deteriorating and needed to be
repaired/rehabilitated/replaced.
The Fiscal Year (FY) 2022-23 Capital Improvement Program (CIP) includes funding for
engineering the repair/rehabilitation/replacement of the retaining wall (Attachment C).
DISCUSSION
In July 2022, Staff solicited proposals for engineering services for the retaining wall
repair/rehabilitation/replacement. The scope of services generally includes the following:
• Investigating existing ground/soil conditions
• Developing two concept designs and associated costs for the City’s review
• Developing bid documents, including plans, specifications, and a cost estimate
based on the concept chosen by the City
• Developing a construction logistics and staging plan for access during construction
• Providing bid and construction support
Proposals were received from four firms, and the Public Works Director evaluated those
proposals. The Public Works Director ranked the proposal from Biggs Cardosa as the
best value and most responsive.
The Public Works Director negotiated with Biggs Cardosa Associates and concluded with
a fixed price fee proposal and refined scope (Attachment B). The proposal also includes
hourly rates for additional services in the event that additional services would be needed.
The FY 2022-23 CIP allocates $100,000 for design, with a request for construction
funding to be made to the City Council once a cost estimate has been prepared based on
a design; or once construction bids are solicited. A current project cost summary is
presented on the next page.
2
Project Cost Summary Table
The project schedule anticipates starting design work in September and being ready to
issue a construction notice to proceed by July 1, 2023, to coincide with a new fiscal year
when construction funding is expected to be available.
CONCLUSION:
Staff recommends awarding a professional services agreement (Attachment A) for
engineering services associated with repairing/rehabilitating/replacing the deteriorated
retaining wall at 3001 Crest Road.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Reject the professional services agreement with Biggs Cardosa Associates and
direct Staff to re-solicit proposals.
2. Reject the professional services agreement with Biggs Cardosa Associates and
direct Staff to make modifications to the agreement.
3. Take other action, as deemed appropriate.
8853 - Retaining Wall at Crest Road
Budget Notes
Original Budget 100,000.00
Budget Proposed Balance
8005 Engineering Design Services 86,966.00 86,895.00 71.00
8005 Design Contingency 13,034.00 13,034.00 -
Total 100,000.00 99,929.00 71.00
Project Balance -$ 99,929.00$ 71.00$
Description
Project Costs:
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01172.0006/815336.1 1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
BIGGS CARDOSA ASSOCIATES, INC
For
Design & Engineering Services for 3001 Crest Road Retaining Walls Repair and
Replacement
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01172.0006/815336.1
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
BIGGS CARDOSA ASSOCIATES, INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into on ______________, 2022 by and between the CITY OF RANCHO PALOS
VERDES, a California general law city & municipal corporation (“City”) and BIGGS
CARDOSA ASSOCIATES, 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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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 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 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
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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 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 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 one
and 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.”
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Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Consultant shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed 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.
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1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written 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% (fifteen percent)
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.
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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 $86,895 (Eighty Six Thousand Eight Hundred and Ninety-
Five 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 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
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undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
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.
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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 fourteen
(14) months from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit “D”).
3.5 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:
Roy Schnabel, Managing Principal
Dan Devlin, Principal
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.
3.6 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.
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3.7 Contract Officer.
The Contract Officer shall be Ron Dragoo, 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.
3.8 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.
3.9 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 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 4. INSURANCE AND INDEMNIFICATION
4.1 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
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expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO “insured contract” language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(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”.
4.2 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.
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(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
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
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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.
(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.
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(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.
4.3 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:
(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
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indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.1 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 with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
5.2 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.
5.3 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
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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.
5.4 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, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 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
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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.
6.2 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.
6.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
6.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
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6.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
6.6 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.
6.7 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 thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. 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 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.
6.8 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.
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6.9 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 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
7.1 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.
7.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
7.3 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,
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religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
7.4 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 8. MISCELLANEOUS PROVISIONS
8.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
72 (seventy two) hours from the time of mailing if mailed as provided in this section.
8.2 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.
8.3 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.
8.4 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
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the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
8.5 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.
8.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
8.7 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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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
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
By:
Name: Roy Schnabel
Title: Managing Principal
By:
Name: Dan Devlin
Title: Principal
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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01172.0006/815336.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
A-23
01172.0006/815336.1
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
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OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
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NUMBER OF PAGES
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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.
A-24
01172.0006/815336.1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will provide engineering design services and construction support
services for the design and construction of a retaining wall at 3001 Crest Road, as follows:
Task 1 – Project Management/Administration
Consultant will participate in internal coordination meetings and meetings with the City as
necessary to resolve any design issues. Consultant will submit monthly invoices and perform
other general administrative project tasks.
Deliverables:
Monthly Progress Reports
Task 2 – 35% Conceptual Design
Consultant will prepare conceptual 35% plans for the City. As part of conceptual design, two
different retaining wall types will be analyzed to replace the existing lower retaining wall. One of
the wall types will be a standard Caltrans cast-in-place wall (Type 1 or Type 5). The second wall
type will be a custom wall. Consultant will determine the optimal wall type for replacement and
propose our solution to the City in the 35% plans.
Consultant will work with the Geotechnical Engineer in preparation of the geotechnical report.
The Geotechnical Report will be used to determine the optimal wall type for replacement.
Topographic and boundary surveying will also be completed in this phase and the results
included in the conceptual design.
Plans will be drafted in AutoCAD format. References will be made to City Standard Plans,
Caltrans Standard Plans, and SPPWC, where applicable.
The existing power pole near the top of the driveway will not need to be relocated.
The retaining wall south of Crest Rd / the lower retaining wall requires a full replacement. The
retaining wall north of Crest Rd / the upper retaining wall only requires repairs at the end where
it has been damaged by the existing tree.
Construction cost estimates will be prepared in Excel format and will use unit prices from similar
projects and Caltrans Contract Cost Data.
The design will include removal of all trees in the immediate vicinity of the lower retaining wall.
The design will not include new trees or new landscaping, either in their current location or
elsewhere on the property.
Deliverables:
A-25
01172.0006/815336.1
Geotechnical Report
35% Plans for each of the two options
35% Rough Order of Magnitude Cost Estimate for each option
Brief memo summarizing and comparing the two options
Task 3 – Plans, Specifications, and Estimates (PS&E)
Once the wall type for replacement is approved by the City, Consultant will prepare plans,
technical specifications, structural and quantity calculations, and a construction cost estimate.
Consultant will submit Draft and Final PS&E.
Task 3 is broken into two alternatives:
Task 3A: Caltrans cast-in-place wall.
Task 3B: Custom wall type is chosen. A custom wall type will require a more extensive design
effort.
Structural calculations will be stamped and signed by a registered Civil Engineer in the State of
California.
Plans will be drafted in AutoCAD format. References will be made to City Standard Plans,
Caltrans Standard Plans, and SPPWC, where applicable. An independent check of the structural
calculations, plans, specifications, and quantities will be performed by a Consultant engineer not
involved in the design of the project.
Technical Specifications will be developed based on current edition of Caltrans Standard
Specifications and Standard Special Provisions for retaining wall structural and related items,
and the current edition of the Greenbook, for other items.
Task 3 includes responses to comments from the City, Consultant’s internal independent
checker, and any other agencies or entities required for approval.
The final design will consider and address access to the house during construction. It is expected
that vertical shoring can be used to excavate most or all the driveway, allowing pedestrian access
to the house.
The City will prepare the Notice Inviting Bids and General Conditions, with input from
Consultant on technical items, as required.
Preparation of water pollution control items (e.g. the SWPPP, if required) are anticipated to be
prepared by the contractor.
Structural calculations will be prepared in conformance with the AASHTO LRFD Bridge Design
Specifications, latest edition, including California Amendments.
A-26
01172.0006/815336.1
The structural calculations checking method will be “Red-Green-Yellow”, involving a line-by-
line check of the designer prepared deliverables.
Deliverables:
Draft and Final Plans
Draft and Final Specifications
Draft and Final Cost Estimates
Draft and Final Design Calculations
Draft and Final Quantity Calculations
Draft and Final Geotechnical Report
Independent Check QA/QC Records
Task 4 – Construction Support Services
Consultant will assist with reviewing shop drawings, responding to Requests for Information
(RFIs), visiting the site during construction, and preparing record drawings.
Construction and close-out duration is assumed to be four (4) months.
Deliverables:
Shop Drawing / Submittal Reviews; maximum of 2
RFI Responses; maximum of 4
Site Visits; maximum of 3
Record Drawings
A-27
01172.0006/815336.1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
A-28
01172.0006/815336.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
S.O.W. Phase / Task
Principa
l Associate
Senior
Engineer
Project
Engineer
Staff
Engineer
Assistant
Engineer
Senior
Computer
Drafter
T
o
t
a
Labor Subtotal
$271.00 $253.00 $198.00 $181.00 $167.00 $153.00 $158.00
Task 1 - Project Management/Administration
Monthly Invoicing & Progress * * 8 $1,808
Meetings * * 1 $1,990
Subconsultants BKF Engineers $1,750
Ninyo and Moore $778
Task 2 - 35% Conceptual Design
Plans & Recommendation Memo * * * * 4 $7,327
Rough Order of Magnitude Estimate * * 5 $793
Subconsultants BKF Engineers $14,700
Ninyo and Moore $13,573
Task 3A - PS&E if Caltrans Standard Wall is Approved
DRAFT Submittal
Plans * * * * 4 $7,887
Specifications * * * 7 $1,245
Estimate & Quantities * * 1 $1,586
Independent Check * * * 1 $3,945
FINAL Submittal
Plans * * * * 2 $3,753
Specifications * * * 5 $939
Estimate & Quantities * * 5 $793
Subconsultants BKF Engineers $8,400
Ninyo and Moore $0
Task 3B - PS&E if Custom Wall Type is Approved
DRAFT Submittal
Plans * * * * 8 $12,935
Specifications * * * 7 $1,245
Estimate & Quantities * * 1 $1,586
Independent Check * * * 2 $5,529
FINAL Submittal
Plans * * * * 2 $3,753
Specifications * * * 5 $939
Estimate & Quantities * * 5 $793
Subconsultants BKF Engineers $8,400
Ninyo and Moore $0
Task 4 - Construction Support Services
Shop Drawing Review * * * 1 $1,857
RFI Responses * * * 7 $1,245
Site Visits * * 6 $1,446
Record Drawings * 6 $948
Subconsultants BKF Engineers $3,500
Ninyo and Moore $0
Total Fee (Caltrans Standard Wall) $80,263
Total Fee (Custom Wall) $86,895
A-29
01172.0006/815336.1
EXHIBIT “D
SCHEDULE OF PERFORMANCE
Task Time to Complete
Data Collection and Conceptual Design 2 Month from Notice to Proceed
City Review of Conceptual Design 1 Month
Draft Design 2 Months from City Decision on Alternative
City Review of Draft Design 1 Month
Final Design / Construction Documents 1 Month from Receipt of City Comments on Draft
Design
Bidding 3 Months
Construction and Close‐Out 4 Months
A-30
August 1 , 2022
City of Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: Ramzi Awwad
Subject: Crest Road Retaining Wall Repair
Biggs Cardosa Scope of Work
Dear Ramzi:
Biggs Cardosa Associates, Inc. is pleased to submit our proposal to provide engineering services
for the subject project.
Project Understanding
The property owners at 3001 Crest Road sent a public works service request to the City of Rancho
Palos Verdes describing major observed deficiencies in two retaining walls on their property. The
first retaining wall, identified as the “lower retaining wall” in the letter, is roughly 7 feet tall at its
highest point and supports the driveway. The wall is currently leaning approximately 15 degrees,
resulting in issues with the driveway asphalt, including sinking of the driveway. This adversely
affects the safety of the driveway, and should be addressed.
The second retaining wall, identified as the “upper retaining wall” in the letter, is roughly 2-3 feet
tall and runs along the north side of the driveway. The wall supports the landscaping between the
driveway and Crest Road above. Approximately 5 feet of the upper wall has been damaged by an
existing pepper tree and needs to be repaired.
In August 2021, Willdan Engineering performed a site inspection and wrote a Structural
Assessment Report. The report confirmed and documented the major issues noted by the owner,
particularly with the lower wall. The report concluded that the lower retaining wall is susceptible
to collapse and should be replaced immediately.
Lastly, special consideration will need to be given to right-of-way and easements. The County of
Los Angeles has a Slope Easement over the westerly end of the subject property that appears to
cover about half of the lower retaining wall. The Crest Road right of way covers a substantial
portion of the driveway and the City is responsible for maintaining the right of way. One of the
7
B-1
Crest Road Retaining Wall Repairs
Biggs Cardosa Scope of Work
P a g e | 2
key points of the 2021 Structural Assessment Report was that a legal opinion is needed to
determine whether it is the City’s responsibility to fix the lower wall.
Biggs Cardosa will provide structural engineering and project management services. We will be
supported by the following subconsultants to assist in delivering the Scope of Work:
· BKF Engineers will assist in surveying the site, grading, driveway repairs, and other
miscellaneous civil work.
· Ninyo and Moore will provide geotechnical engineering services.
Please refer to the attached scopes for additional detail related to our subconsultants.
The following sections of this proposal describe Biggs Cardosa’s Scope of Work in Detail.
Scope of Work
Task 1 – Project Management/Administration
Biggs Cardosa will participate in internal coordination meetings and meetings with the City as
necessary to resolve any design issues. Biggs Cardosa will submit monthly invoices and perform
other general administrative project tasks.
Assumptions:
This scope assumes that the Period of Performance of the contract, including Construction
Support Services, will be nine (9) months from the date of Notice to Proceed. If exceeded,
Biggs Cardosa requests the opportunity to update the attached Charge Rate Schedule.
Deliverables:
Monthly Invoices
Monthly Progress Reports
Task 2 – 35% Conceptual Design
Biggs Cardosa will prepare conceptual 35% plans for the City. As part of conceptual design, two
different retaining wall types will be analyzed to replace the existing lower retaining wall. Biggs
Cardosa will determine the optimal wall type for replacement and propose our solution to the City
in the 35% plans.
Biggs Cardosa will work with the Geotechnical Engineer in preparation of the geotechnical report.
The Geotechnical Report will be used to determine the optimal wall type for replacement.
Topographic and boundary surveying will also be completed in this phase and the results included
in the conceptual design.
Assumptions:
It is assumed that the lower retaining wall requires a full replacement. It is assumed that
the upper retaining wall only requires repairs at the end where it has been damaged by
the existing tree.
B-2
Crest Road Retaining Wall Repairs
Biggs Cardosa Scope of Work
P a g e | 3
Two wall types will be analyzed to replace the lower wall. One of the wall types will be a
standard Caltrans cast-in-place wall (Type 1 or Type 5). The second wall type will be a
custom wall.
Plans will be drafted in AutoCAD format. References will be made to City Standard Plans,
Caltrans Standard Plans, and SPPWC, where applicable.
Cost estimates will be prepared in Excel format and will use unit prices from similar projects
and Caltrans Contract Cost Data.
This scope assumes that all trees in the immediate vicinity of the lower retaining wall will
be removed. Per discussion on 8/4/2022 site visit, the homeowner takes no exception to
removing these trees and the City anticipates no issues with tree removal. This scope also
assumes the trees will not be replaced with new trees or new landscaping, either in their
current location or elsewhere on the property. If landscaping is eventually desired, we
included an optional landscaping fee in the “Fee” section at the end of this scope.
This scope assumes that the existing power pole near the top of the driveway can be
protected in place and does not need to be relocated.
The City of RPV determined that the subject project is Categorically Exempt from the
provisions of the California Environmental Quality Act (CEQA). Therefore, this proposal
assumes no environmental documentation is required or included in the design team’s
scope.
Deliverables:
Geotechnical Report
35% Plans
35% Rough Order of Magnitude Cost Estimate for each option
Brief memo summarizing and comparing the two options
Task 3 – Plans, Specifications, and Estimates (PS&E)
Once the wall type for replacement is approved by the City, Biggs Cardosa will prepare plans,
technical specifications, structural and quantity calculations, and a construction cost estimate. We
anticipate two submittal milestones: Draft and Final.
The proposed fee for Task 3 is broken into two alternatives:
Task 3A: Design fee if Caltrans cast-in-place wall is chosen. Because this would be a
standard wall, a lower design fee is expected.
Task 3B: Design fee if custom wall type is chosen. A custom wall type will require a more
extensive design effort.
Structural calculations will be stamped and signed by a registered Civil Engineer in the
State of California.
An independent check of the structural calculations, plans, specifications, and quantities will be
performed by a Biggs Cardosa engineer not involved in the design of the project.
Task 3 includes responses to comments from the City, our internal independent checker, and any
other agencies or entities required for approval.
B-3
Crest Road Retaining Wall Repairs
Biggs Cardosa Scope of Work
P a g e | 4
The final design will consider and address access to the house during construction. It is expected
that vertical shoring can be used to excavate most or all the driveway, allowing pedestrian access
to the house.
Assumptions:
Plans will be drafted in AutoCAD format. References will be made to City Standard Plans,
Caltrans Standard Plans, and SPPWC, where applicable.
Technical Specifications will be developed based on 2018 Caltrans Standard Specifications
and Standard Special Provisions for structural items, and 2018 Greenbook for civil items.
The City will prepare the Notice Inviting Bids and General Conditions, with input from Biggs
Cardosa on technical items, as required.
Preparation of water pollution control items (e.g. the SWPPP, if required) are anticipated
to be prepared by the contractor.
Cost estimates will be prepared in Excel format and will use unit prices from similar projects
and Caltrans Contract Cost Data.
Structural calculations will be prepared in conformance with the AASHTO LRFD Bridge
Design Specifications, 8th Edition, including California Amendments.
An independent set of structural check calculations is not anticipated. The checking
method will be “Red-Green-Yellow”, involving a line-by-line check of the designer-
prepared deliverables.
Deliverables:
Draft and Final Plans
Draft and Final Specifications
Draft and Final Cost Estimates
Draft and Final Design Calculations
Draft and Final Quantity Calculations
Draft and Final Geotechnical Report
Independent Check QA/QC Records
Task 3 – Construction Support Services
Biggs Cardosa will assist with reviewing shop drawings, responding to Requests for Information
(RFIs), visiting the site during construction, and preparing record drawings.
Assumptions:
The following were assumed in the development of the scope/fee:
o Review of up to two (2) shop drawings and submittals.
o Up to four (4) RFI reviews and responses.
o Up to three (3) site visits, including attendance of a pre-construction meeting.
RFIs during bid period support are included in the assumption above.
Construction duration is assumed to be three (3) months.
B-4
Crest Road Retaining Wall Repairs
Biggs Cardosa Scope of Work
P a g e | 5
Deliverables:
Shop Drawing / Submittal Reviews
RFI Responses
Site Visits
Record Drawings
Allowance for Landscaping
As stated in the Task 2 assumptions, our design fee assumes the removed trees will not be
replaced with new trees or landscaping. There is currently no landscaping in front of the lower
retaining wall and the owner did not express a desire for landscaping to replace the trees. If the
City or owner later decides to add landscaping along the base of the lower retaining wall, the
additional design fee for this effort is $3500. This fee includes irrigation design.
Fee
Design Fee
We propose to provide the services outlined in this proposal on a time and materials basis with
the not-to-exceed amounts of $80,263 (if Caltrans Standard Wall is selected) or $86,895 (if Custom
Wall Type is selected). See breakdown by Task below:
Task 1 $6,326
Task 2 $36,393
Task 3, Alt. A $28,548
Task 3, Alt. B $35,180
Task 4 $8,996
Total Fee (Caltrans Wall) $80,263
Total Fee (Custom Wall) $86,895
Additionally, a detailed breakdown of our fee proposal is attached.
B-5
Crest Road Retaining Wall Repairs
Biggs Cardosa Scope of Work
P a g e | 6
We look forward to working with you on this project. Should you have any questions or comments,
please do not hesitate to call or email me.
Sincerely,
BIGGS CARDOSA
ASSOCIATES, INC.
Eric Pheifer, PE
Principal
Attachments:
Fee Proposal & Fee Summary
Biggs Cardosa Associates Rate Schedule
Subconsultant Scope and Fee
B-6
City of RPV - Crest Road Retaining Wall Replacement
Fee Proposal | Biggs Cardosa
Principal Associate
Senior
Engineer
Project
Engineer
Staff
Engineer
Assistant
Engineer
Senior
Computer
Drafter
$271.00 $253.00 $198.00 $181.00 $167.00 $153.00 $158.00
Task 1 - Project Management/Administration $6,326
Monthly Invoicing & Progress Reporting 4 4 8 $1,808
Meetings 2 8 10 $1,990
BKF Engineers $1,750
Ninyo and Moore $778
Task 2 - 35% Conceptual Design $36,393
Plans & Recommendation Memo 1 8 16 20 45 $7,327
Rough Order of Magnitude Estimate 1 4 5 $793
BKF Engineers $14,700
Ninyo and Moore $13,573
Task 3A - PS&E if Caltrans Standard Wall is Approved $28,548
DRAFT Submittal $14,663
Plans 1 4 12 32 49 $7,887
Specifications 1 2 4 7 $1,245
Estimate & Quantities 2 8 10 $1,586
Independent Check 1 2 16 19 $3,945
FINAL Submittal $5,485
Plans 1 2 8 12 23 $3,753
Specifications 1 2 2 5 $939
Estimate & Quantities 1 4 5 $793
BKF Engineers $8,400
Ninyo and Moore $0
Task 3B - PS&E if Custom Wall Type is Approved $35,180
DRAFT Submittal $21,295
Plans 1 8 32 40 81 $12,935
Specifications 1 2 4 7 $1,245
Estimate & Quantities 2 8 10 $1,586
Independent Check 1 2 24 27 $5,529
FINAL Submittal $5,485
Plans 1 2 8 12 23 $3,753
Specifications 1 2 2 5 $939
Estimate & Quantities 1 4 5 $793
BKF Engineers $8,400
Ninyo and Moore $0
Task 4 - Construction Support Services $8,996
Shop Drawing Review 1 2 8 11 $1,857
RFI Responses 1 2 4 7 $1,245
Site Visits 4 2 6 $1,446
Record Drawings 6 6 $948
BKF Engineers $3,500
Ninyo and Moore $0
Total Fee (Caltrans Standard Wall)$80,263
Total Fee (Custom Wall)$86,895
Subconsultants
S.O.W. Phase / Task Total
Hours Labor Subtotal
Subconsultants
Subconsultants
Subconsultants
Subconsultants
B-7
CHARGE RATE SCHEDULE
Senior Principal $339.00
Principal $271.00
Associate $253.00
Engineering Manager $220.00
Senior Engineer $198.00
Project Engineer $181.00
Staff Engineer $167.00
Assistant Engineer $153.00
Junior Engineer $140.00
Senior Computer Drafter $158.00
Computer Drafter $140.00
Junior Computer Drafter $127.00
BIM/Visualization Specialist $158.00
Project Administrator $179.00
Project Coordinator $147.00
Secretarial Services $113.00
Construction Manager $264.00
Senior Structural Representative $230.00
Structural Representative $206.00
Assistant Structures Representative $165.00
Senior Bridge Inspector $207.00
In-House CADD Plots
Prints $0.40/ sq. ft.
Plots $1.80/ sq. ft.
Mylar Plots $4.00/ sq. ft.
Charge Rates Applicable thru September 30, 2023
B-8
BKF Proposal
August 5, 2022
John Wong, PE
Biggs Cardosa Associates, Inc.
Subject: Proposal for 3001 Crest Road Retaining Wall, Rancho Palos Verdes,
California
Dear John:
Thank you for your request for this proposal to provide survey, rights-of-way and professional engineering
services for the repair/replacement of the retaining walls at 3001 Crest Road in the City of Rancho Palos
Verdes, California.
BKF understands that the existing retaining walls at the subject property is susceptible to collapse and is
recommended to be repaired/replaced immediately. A detailed scope of work for these services is provided in
Section I below and our estimated fees for these services are provided in Section II.
I. SCOPE OF WORK
1. Topographic Field Survey and Mapping
BKF will perform a topographic survey to locate detailed topography within the site area limits.
This includes but is not limited to: curb & gutter, driveway pavement, top of retaining walls and
bottom of retaining walls, and trees. Additionally, BKF will locate existing visible utilities within the
scope area and obtain the rim and pipe invert elevation (with pipe sizes) of gravity utilities (sewer
and storm drain), that serve, or are directly adjacent to, the site, if applicable. This 20-scale topo
will include 1-foot contours, on a developed surface in AutoCAD 2018 format. Benchmark and
Basis of Bearing will be stated and a pdf exhibit will be provided.
2. Boundary Survey and Mapping
Based on the title report & vesting deed information, BKF will research & compile maps & deeds
for the parcels and the adjoining properties. BKF will schedule field crews to the site to run a
control traverse and collect field measurements of existing monuments, iron pipes and existing
site conditions which could delineate lines of possession (such as curb lines and fence lines).
Based on the boundary information in the title reports for the site, BKF will generate search ties
for the site boundary to be given to our field crews to search for evidence. This combination of
existing field evidence and record mapping will be used by BKF to render our opinion on the
record location of site lot lines and adjoining right-of-way lines that may fall within the project
limit areas. Boundary information will be compiled into electronic AutoCAD drawing and provided
B-9
BKF Engineers | 4675 MacArthur Court, Suite 400 | Newport Beach, CA | 92660 | 949.526.8460
Page 2 of 3
to the design team for their use in the development of the improvements. For this task, BKF will
acquire one current title report and underlying documents listed in the Title Report for the
property.
3. Prepare Plat and Legal Document
BKF will create a plat and legal description for one easement for the property. The initial plat and
legal will be provided via emailed PDF exhibit. BKF assumes one iteration of comments that will be
address and resubmitted to client as a wet signed and stamped 8.5”x11” paper deliverable. BKF
assumes that the easement boundary linework will be created by others.
4. Prepare Precise Grading Plan
This task provides for the preparation of a precise grading plan of the driveway as a part of the
retaining walls replacement. The precise grading plan will integrate a new driveway into the
proposed replaced retaining wall alignments. It is anticipated that one sheet of precise grading plan
will be required.
5. Meetings and Coordination
BKF will participate in meetings with the City staff and BCA. These meetings will be used to
coordinate design information and to present the design to the City. For this task, it is assumed 8
man-hours of BKF project manager to attend meetings and coordination.
6. Construction Support Services
BKF will provide reviews and responses up to 10 shop drawing submittals and RFIs. This task does
not include construction staking nor major revisions to the plans due to discovered field condition
change. If construction staking and major revisions to the plans are requested, BKF can prepare a
change order prior performing the work.
Exclusions:
The followings are excluded from this proposal but can be added at the City’s request:
· Set or reset monuments and Corner Record
· Resolve, if any, boundary discrepancies
· Record of Survey
B-10
BKF Engineers | 4675 MacArthur Court, Suite 400 | Newport Beach, CA | 92660 | 949.526.8460
Page 3 of 3
II. PROPOSED FEES
1. Topographic Field Survey and Mapping .................................................................... $ 4700
2. Boundary Survey and Mapping ..................................................................................... $ 7,500
3. Prepare Plat and Legal Document ................................................................................ $ 3,400
4. Prepare Precise Grading Plan ......................................................................................... $ 7,500
5. Meetings and Coordination ............................................................................................ $ 1,750
6. Construction Support Services ...................................................................................... $ 3,500
TOTAL FEES .................................................................................................. $ 28,350
BKF will perform these services on a Time-and-Materials basis. Our total, not-to-exceed fee is $28,350.
Invoices for time charged for these services will be provided monthly.
We will initiate these services upon receipt of a finalized agreement and the City’s Notice to Proceed.
Please contact me at (949) 491-5615 if you have any questions.
Sincerely,
BKF Engineers
Roger Chung, PE, CFM, ENV SP, QSD/P, F. ASCE
Project Manager
B-11
475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 | www.ninyoandmoore.com
July 18, 2022
Proposal No. 04-03735
Mr. John Wong, PE
Project Engineer
Biggs Cardosa Associates, Inc
500 South Main Street, Suite 1200
Orange California 92868
Subject: Proposal for Geotechnical Evaluation
Retaining Wall at 3001 Crest Road
Rancho Palos Verdes, California
Dear Mr. Wong:
In accordance with your request, we have prepared this proposal to perform a geotechnical
evaluation for the repair or replacement of the retaining wall located at 3001 Crest Road in the city
of Rancho Palos Verdes, California. We have prepared this proposal based on review of the
information provided including a report by a structural engineer, a letter by the residence’s owners,
and existing site plans, as well as review of readily available geological literature in the vicinity of the
subject site. The purpose of our geotechnical services will be to evaluate the soil and geologic
conditions at the site in order to develop geotechnical recommendations for repair or replacement of
the existing retaining wall.
We understand a block wall retaining wall exists on the northwestern corner of the property and
partially supports the driveway that leads from Crest Road to the residence. The wall retains up to
approximately 7 feet of backfill and supports the lower half of the driveway. We understand the wall
was constructed by the County of Los Angeles within a County easement in approximately 1968 and
that the wall is currently under the jurisdiction of the City of Rancho Palos Verdes. We also
understand the wall is leaning to the south by up to 15 degrees, has cracks and other damage, and
has resulted in cracks in the driveway. Based on our preliminary review, the site is underlain by fill
soils and formational materials of the Miocene-age Altamira Shale member of the Monterey
Formation.
SCOPE OF SERVICES
Our scope of services for the proposed geotechnical evaluation will consist of:
• Project coordination, planning, and scheduling for subsurface exploration.
• Review of background documents.
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Ninyo & Moore | Retaining Wall at 3001 Crest Road, Rancho Palos Verdes, California | 04-03735 | July 18, 2022
• Acquisition of boring permits from the Los Angeles County, Department of Environmental Health.
• Site reconnaissance to evaluate the surface conditions at the site and to locate the proposed
exploration locations for coordination with Underground Services Alert (USA) for underground
utility location.
• Perform subsurface exploration consisting of drilling, logging, and sampling two (2) small -
diameter soil borings with a truck-mounted drill rig in the driveway pavement at the top of the
existing retaining wall. The borings will be advanced to depths of up to approximately 15 feet or
to refusal, whichever is shallower. The borings will be logged by a professional from our firm.
Relatively undisturbed and bulk samples of the subsurface earth materials will be collected for
laboratory testing. The borings will be backfilled with a soil cuttings and the pavement repaired
with rapid-set concrete.
• Laboratory testing of representative samples to evaluate in-situ moisture and density, gradation,
Atterberg limits, direct shear strength, and corrosivity, as appropriate.
• Data compilation and geotechnical engineering analysis of the field and laboratory data,
including analyses to evaluate and provide recommendations pertaining to the following:
o Description of the geology and on-site soils at the site, as encountered in the borings.
o Evaluation of the 2019 CBC seismic design parameters.
o Evaluation of bearing capacities and design recommendations for retaining wall and
retaining wall foundations.
o Excavation (including overexcavation and scarification) and compaction recommendations.
o Evaluation of the corrosion potential of the site soils and the appropriate type of concrete to
be utilized during construction.
• Preparation of a geotechnical report for the project. A boring location map, boring logs, and
laboratory test results will be included in the report. The report will be signed and stamped by a
California-registered Geotechnical Engineer (GE) and Engineering Geologist (CEG).
ASSUMPTIONS
The following assumptions have been made in the preparation of our scope of services:
• Site access will be granted and our drilling equipment will be able to mobilize to the proposed
drilling locations during normal working hours (Monday through Friday, 7:00 a.m. to 5:00 p.m.
• The proposed project is subject to prevailing wage rates.
• The borings will be backfilled with soil cuttings. Excess soil cuttings from the borings may be
spread in suitable areas of the site. If cuttings are required to be drummed and disposed of off-
site, additional charges for drumming, environmental testing, storage, and disposal will be
accrued.
• Our firm will contact USA Dig Alert prior to performing our subsurface evaluation. Ninyo & Moore
will not be responsible for damage to utilities encountered during subsurface exploration that
have not been marked out or shown on the plans.
• Our field exploration does not include sampling, testing, or chemical analysis of soil,
groundwater, surface water, or other materials for the purpose of evaluating possible
environmental hazards or risks. These services can be provided, if requested, as an additional
scope of work.
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Ninyo & Moore | Retaining Wall at 3001 Crest Road, Rancho Palos Verdes, California | 04-03735 | July 18, 2022
SCHEDULE
Following receipt of the Notice to Proceed, Ninyo & Moore will commence the services described
herein. We anticipate that our field work will be performed within approximately two weeks after
receipt of the notice to proceed and will take approximately one work day. Our laboratory testing will
be completed approximately two weeks after completion of the field evaluation, and our report will
be issued approximately two weeks after completion of the laboratory testing. Preliminary design
parameters can be provided upon completion of the laboratory testing upon request.
FEE
We propose to perform the proposed scope of work in accordance with the attached Schedule of
Fees. A breakdown of our fee is presented in the attached Table 1. Any additional services, not
included in the aforementioned scope, will be charged on a time-and-materials basis in accordance
with the attached Schedule of Fees.
Ninyo & Moore appreciates the opportunity to provide our services for this project and we look
forward to working with you.
Respectfully submitted,
NINYO & MOORE
Ronald D. Hallum, PG, CEG
Principal Geologist
RDH/mlc
Attachments: Table 1 – Breakdown of Fees
Schedule of Fees
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Senior Engineer/Geologist/Environmental Scientist 1 hour @ 178.00$ /hour 178.00$
Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 150.00$ /hour 600.00$
Subtotal 778.00$
Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 150.00$ /hour 600.00$
Field Vehicle and Equipment Usage 4 hours @ 15.00$ /hour 60.00$
Subtotal 660.00$
Senior Staff Engineer/Geologist/Environmental Scientist 2 hours @ 150.00$ /hour 300.00$
Permit Fees (Groundwater)Lump Sum 300.00$
Subtotal 600.00$
Senior Staff Engineer/Geologist/Environmental Scientist 6 hours @ 150.00$ /hour 900.00$
HSA Truck Drill Rig (Subcontractor) - Prevailing Wage 4 hours @ 465.00$ /hour 1,860.00$
Drill Rig Mobilization/Demobilization (Prevailing Wage)1 hour @ 465.00$ /hour 465.00$
Field Vehicle and Equipment Usage 6 hours @ 15.00$ /hour 90.00$
Subtotal 3,315.00$
$ 1,500.00
Subtotal 1,500.00$
Principal Engineer/Geologist/Environmental Scientist 3 hours @ 188.00$ /hour 564.00$
Senior Engineer/Geologist/Environmental Scientist 8 hours @ 178.00$ /hour 1,424.00$
Senior Staff Engineer/Geologist/Environmental Scientist 12 hours @ 150.00$ /hour 1,800.00$
Subtotal 3,788.00$
Principal Engineer/Geologist/Environmental Scientist 3 hours @ 188.00$ /hour 564.00$
Senior Engineer/Geologist/Environmental Scientist 6 hours @ 178.00$ /hour 1,068.00$
Senior Staff Engineer/Geologist/Environmental Scientist 10 hours @ 150.00$ /hour 1,500.00$
Technical Illustrator/CAD Operator 3 hours @ 98.00$ /hour 294.00$
Data Processor 4 hours @ 71.00$ /hour 284.00$
Subtotal 3,710.00$
TOTAL FEE 14,351.00$
Table 1 - Breakdown of Fee
Report Preparation
Project Coordination and Background Review
Subsurface Evaluation
(Assumes 2 borings up to approximately 15 feet deep)
Data Compilation and Analysis
Laboratory Analyses
Tests to include moisture and dry density, sieve analysis, Atterberg limits, shear strength, and
corrosivity, as appropriate.
Site Reconnaissance and Markout for Utility Clearance
Permit Acquisition
Ninyo & Moore | Retaining Wall at 3001 Crest Road, Rancho Palos Verdes, California | 04-03735 | CA12 | July 18, 2022 1B-15
Ninyo & Moore | Retaining Wall at 3001 Crest Road, Rancho Palos Verdes, California | 04-03735 | July 18, 2022 CA12
Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist ............................................... $ 188
Senior Engineer/Geologist/Environmental Scientist ................................................................................................. $ 178
Senior Project Engineer/Geologist/Environmental Scientist ..................................................................................... $ 173
Project Engineer/Geologist/Environmental Scientist ................................................................................................ $ 165
Senior Staff Engineer/Geologist/Environmental Scientist ......................................................................................... $ 150
Staff Engineer/Geologist/Environmental Scientist .................................................................................................... $ 134
GIS Analyst ................................................................................................................................................................ $ 123
Technical Illustrator/CAD Operator ........................................................................................................................... $ 98
Field Staff
Certified Asbestos/Lead Technician.......................................................................................................................... $ 173
Field Operations Manager ......................................................................................................................................... $ 119
Nondestructive Examination Technician (UT, MT, LP) ............................................................................................. $ 114
Supervisory Technician ............................................................................................................................................. $ 104
Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) .............................................. $ 104
Senior Technician ...................................................................................................................................................... $ 103
Technician ................................................................................................................................................................. $ 98
Administrative Staff
Information Specialist ................................................................................................................................................ $ 83
Geotechnical/Environmental/Laboratory Assistant ................................................................................................... $ 81
Data Processor .......................................................................................................................................................... $ 71
Other Charges
Concrete Coring Equipment (includes technician) ............................................................................................. $ 190/hr
Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr
GPR Equipment .................................................................................................................................................. $ 180/hr
Inclinometer ......................................................................................................................................................... $ 100/hr
Hand Auger Equipment ....................................................................................................................................... $ 80/hr
Rebar Locator (Pachometer) .............................................................................................................................. $ 25/hr
Vapor Emission Kit .............................................................................................................................................. $ 65/kit
Nuclear Density Gauge ....................................................................................................................................... $ 12/hr
X-Ray Fluorescence ............................................................................................................................................ $ 70/hr
PID/FID ................................................................................................................................................................ $ 25/hr
Air Sampling Pump ............................................................................................................................................. $ 10/hr
Field Vehicle ........................................................................................................................................................ $ 15/hr
Expert Witness Testimony .................................................................................................................................. $ 450/hr
Direct Expenses .................................................................................................................................... Cost plus 15 %
Special equipment charges will be provided upon request.
Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged
for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the
regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.
Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding
4 hours.
Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid
within 30 days.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the
project, as applicable.
The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.
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CITY FUNDS SUMMARYGENERAL FUND SUMMARYAPPENDIX BUDGET PROGRAMSBUDGET OVERVIEW394 City of Rancho Palos Verdes | Adopted Budget | Capital Improvement Program (Fiscal Years 2022-2023 through 2026-27)
Capital Improvement Program (Fiscal Years 2022-2023 through 2026-27)
8800 Series Right-of-Way Improvements Project Code: 8853 Retaining Wall at 3001 Crest Road
This project consists of repairing/rehabilitating/replacing the deteriorated
retaining wall which supports the driveway to the property at 3001 Crest
Road.
Project Cost Estimates
Expenses/Commitments to date FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Totals
Planning $0 $0 TBD TBD TBD TBD TBD
Engineering $0 $100,000 TBD TBD TBD TBD TBD
Environmental $0 $0 TBD TBD TBD TBD TBD
Management $0 $0 TBD TBD TBD TBD TBD
Construction $0 $0 TBD TBD TBD TBD TBD
Contingency $0 $0 TBD TBD TBD TBD TBD
Inspection $0 $0 TBD TBD TBD TBD TBD
$0 $100,000 TBD TBD TBD TBD TBD
Funding
330 (CIP) $0 $100,000 TBD TBD TBD TBD TBD
$0 $100,000 TBD TBD TBD TBD TBD
Estimated annual operating cost To Be Determined Estimated Schedule:
Engineering in Fiscal Year 2022-23
Project Location Map Background and Justification:
As part of a project by Los Angeles County to widen Crest Road in the
1960s, a retaining wall was built to support the driveway leading to 3001
Crest Road. A portion of the retaining wall was within the public right-of-
way, and an easement was created for the remaining portion.
Maintenance of the retaining was wall subsequently transferred from the
County to the City upon its incorporation.
An inspection of the retaining wall in 2021 concluded that it was
deteriorating and needed to be repaired/rehabilitated/replaced.
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