CC SR 20230221 F - McGee Surveying
CITY COUNCIL MEETING DATE: 02/21/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize Amendment No. 1 to a professional
services agreement with McGee Surveying Consulting to perform landslide movement
surveys.
RECOMMENDED COUNCIL ACTION:
(1) Authorize Amendment No. 1 to the Professional Services Agreement with Michael
R. McGee, PLS, dba McGee Surveying Consulting , increasing the contract sum
by $19,020 for a total not-to-exceed amount of $44,019 for landslide movement
surveys and associated reports, with a 15% contingency of $2,850; and
(2) Authorize the Mayor to execute the agreement in a form approved by the City
Attorney.
FISCAL IMPACT: The recommended Council action will result in an added expenditure
not to exceed $21,870 for a total expenditure of $44,019 for Fiscal
Year 2022-23.
Amount Budgeted: $535,000
Additional Appropriation: N/A
Account Number(s): 330-400-8304-8001
(CIP – Portuguese Bend Landslide Remediation -
Professional/Technical services)
ORIGINATED BY: Ron Dragoo, PE, Principal Engineer
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Amendment No. 1 to the Professional Services Agreement with McGee
Consulting (page A-1)
B. Proposal from McGee Surveying Consulting (page B-1)
C. August 30, 2022 Professional Services Agreement with McGee Consulting
(page C-1)
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BACKGROUND AND DISCUSSION:
For many years, the City has regularly performed land surveys within the Ancient Altamira
Landslide Complex, which includes the Portuguese Bend , Abalone Cove, and Klondike
Canyon landslide areas (Landslide Complex), to understand land movement trends.
Licensed surveyors hired by the City have used the Global Positioning System (GPS),
which is a network of satellites and receiving devices used to determine the precise
location of features/landmarks on Earth, to compare the location of specific monuments
in the landslide from one survey to the next. The surveys have occurred each year in the
fall, winter, and spring; and the survey data and information has been published on the
City website.
Because the surveying protocol had not recently been reviewed to determine if it is using
the most optimal method (i.e. LIDAR), occurring at the appropriate frequency, and
occurring at the appropriate locations, the City retained Hout Construction Services, Inc.,
DBA Hout Engineering (HCS) to re-evaluate the existing program and make
recommendations to the City. The HCS recommendations are being reviewed by Staff
and will be presented to the City Council for consideration in the coming months. Until
recommended changes to the surveying protocol are approved by the City Council, Staff
will continue to use the existing surveying protocol.
Historically, land surveying has been performed in the fall, winter , and spring through a
professional services agreement with Michael R. McGee, PLS, dba McGee Surveying
Consulting (McGee). The fall 2022 survey was contracted through the City Manager’s
contracting authority of $25,000 or less (Attachment C). To continue surveying in the
winter and spring, an amendment is needed because the total value of the contract will
exceed $25,000.
CONCLUSION:
Staff therefore recommends the City Council approve an amendment with McGee in the
amount of $19,020, with a contingency of $2,850, to perform landslide movement surveys
and prepare associated reports (Attachment A). The project schedule anticipates starting
the work included in the scope of this agreement in February 2023 and completing the
work in May 2023.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative actions are available for the
City Council’s consideration:
1. Do not approve Amendment No. 1 to the Professional Services Agreement with
McGee Surveying Consulting and direct Staff to solicit new proposals.
2. Take other action, as deemed appropriate.
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AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
(“Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES (“City”) and
MICHAEL R. MCGEE, PLS D/B/A MCGEE SURVEYING CONSULTING, a sole
proprietorship (“Consultant”) is effective as of , 2023.
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services
dated August 30, 2022 (“Agreement”) whereby Consultant agreed to provide land surveying
services (the “Services”) for one (1) year, for a Contract Sum of $24,999.
B. Part of the land surveying services included monitoring of the Portuguese Bend
Landslide Area from September 2022 to October 2022.
C. City requires additional surveying and monitoring of the Portuguese Bend
Landslide Area for Winter and Spring 2023.
D. City and Consultant therefore desire to amend the Agreement to add the additional
surveying and monitoring services and increase the compensation by $19,020 for a total Contract
Sum of $44,019.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikethrough and added text in bold italics.
a. Section 2.1, Contract Sum, is amended to read:
“Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in the “Schedule of Compensation” attached
hereto as Exhibit “C” and incorporated herein by this reference. The total
compensation, including reimbursement for actual expenses, shall not exceed
$24,999 (Twenty-Four Thousand Nine Hundred Ninety-Nine Dollars) $44,019
(Forty Four Thousand Nineteen Dollars) (the “Contract Sum”), unless additional
compensation is approved pursuant to Section 1.9.”
b. Exhibit “A” Scope of Services, is replaced with Exhibit “A”
Amendment No. 1 Scope of Services attached hereto and incorporated herein.
c. Exhibit “C” Schedule of Compensation, is replaced by Exhibit “C”
Amendment No. 1 Schedule of Compensation, attached hereto and
incorporated herein. Exhibit “C-1” Personnel Rates shall remain unchanged.
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d. Exhibit “D” Schedule of Performance, is replaced by Exhibit “D”
Amendment No. 1 Schedule of Performance, attached hereto and incorporated
herein.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement,
it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 1,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 1,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 1.
5. Authority. The persons executing this Amendment No. 1 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this
Amendment No.1 , such party is formally bound to the provisions of this Amendment No. 1, and
(iv) the entering into this Amendment No.1 does not violate any provision of any other agreement
to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
____________________________________
Barbara Ferraro, Mayor
ATTEST:
_________________________________
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
William W. Wynder, City Attorney
CONSULTANT:
MICHAEL R. MCGEE, PLS D/B/A
MCGEE SURVEYING CONSULTING, a
sole proprietorship
By: ________________________________
Name: Michael R. McGee
Title: Owner
By: ________________________________
Name:
Title:
Address: ____________________________
______________________________
______________________________
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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EXHIBIT “A”
AMENDMENT NO. 1 SCOPE OF SERVICES
I. Consultant will provide land surveying support services and on-call technical
support on the Filiorum survey, as outlined in Task 1; and provide survey services
for the Portuguese Bend Landslide Monitoring Program, as outlined in Task 2.
A. Task 1 Filiorum Survey Services
Land Surveying Services on the southwesterly portion of 7572-012-028 north of
Palos Verdes Drive South being the east line of Tract No. 23434 recorded in Book
624 Page 57 of Maps of the Los Angeles County Recorder’s Office, in the City of
Rancho Palos Verdes. The purpose of the survey is to locate on the ground and
mark the easterly boundaries of Lots 30, 31 and 32 off Arrowroot Lane of Tract
No. 23434. The Services shall include
1. Research and analysis of recorded maps of prior surveys.
2. Review Lot boundaries and correlate with record maps.
3. Perform a field survey to search and recover existing boundary control
monuments and determine the location of said Lot lines.
4. Perform a field survey to locate fences and improvements that are
evidence of the easterly extent of occupation along the easterly boundary
of said Lots 30, 31 and 32.
5. Set wood stakes marking the east lines of said Lots. If there are issues with
access to the interior of said Lots, then reference stakes will be set easterly
of said Lot lines on a 10-20 foot offset along the existing chain link fence.
B. Task 2 Consulting Services and Land Surveying Services for the Portuguese
Bend Landslide Monitoring Program
Consultant shall provide the following triannual services (September-October,
February-March, and April-May):
1. September-October 2022 Monitoring Survey consists of a survey of 67
points. A Partial Monitoring Survey of a subset of 33 points follows in
February-March 2023 and in April-May 2023.
2. Review reports and date for the prior surveys, assess the present status of
monitoring points and plan the field campaign for the annual Primary
October Monitoring.
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3. Field site reconnaissance to check condition and access to points and
perform maintenance as necessary to preserve the monitoring points. The
City of Rancho Palos Verdes maintains the access routes and will remove
excess foliage on-site that obstructs the sky view of satellites.
4. Perform GNSS field surveys utilizing precise geodetic GNSS satellite
receivers to collect data on the monitoring points and relate the survey to
the stable reference stations noted above. Each monitoring point will be
observed multiple times as necessary to meet the applicable standard of
accuracy. Multiple observations will occur at different times of the day to
obtain independent checks on the quality of the measurements.
5. Process and analyze the field observations, compare measurements to
validate the recovery of the reference frame, data analysis and QAQC,
followed by network adjustments to determine the monitoring point
movements and their California State Plane Coordinates (grid coordinates)
and elevations.
6. Analyze the results of the Initial September-October Monitoring Survey and
within 45 days of completion update and submit the Monitoring Survey
Movement spreadsheet reporting the annual year over year movements and
overall movements since the 1994 monitoring survey.
7. After completion of the April-May Survey, the prior year’s Monitoring
Survey Report will be updated to reflect the Initial and Partial Surveys.
The status, descriptions and photos of the monitoring points will be
updated in support of future surveys.
II. All work product is subject to review and acceptance by the City and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
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EXHIBIT “C”
AMENDMENT NO. 1 SCHEDULE OF COMPENSATION
Consultant shall perform services at the budgeted, not to exceed amounts for each task in
the Task Budget shown below:
Task Description Amount
Task 1 Land Surveying
Research and analysis of record maps of prior surveys.
Review lot boundaries and correlate with record maps.
Perform a field survey to search and recover existing
boundary control monuments and determining the
location of lot lines. Perform a field survey to locate
fences and improvements that are evidence of the
easterly extent of occupation along the easterly
boundary of lots 30, 31, and 32. Set wood stakes
marking the east lines of lots. If there are issues with
access to the interior of the lots, then reference stakes
will be set easterly of lot lines on a 10 – 20 foot offset
along the existing chain link fence.
$4,200
Task 2 Consulting and Land Surveying Services for the Portuguese Bend Landslide
Monitoring Program
See Section I.B. of Exhibit “A”. $39,819
TOTAL not to exceed $44,019
Rates for Task Order Services in accordance with Exhibit “C-1”, Personnel Rates.
The City will compensate Consultant for the Services performed upon submission of a valid
invoice. Each invoice shall be accompanied by all Task Proposals for which Consultant is
requesting compensation.
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EXHIBIT “D”
AMENDMENT NO. 1 SCHEDULE OF PERFORMANCE
I. Consultant shall complete the Tasks in accordance with the following schedule:
A. Consultant shall complete Task 1 no later than 4 weeks after receiving a Notice to
Proceed from the City and shall not receive additional compensation for work
completed after the Task Completion Date.
B. Consultant shall complete Task 2 by June 1, 2023.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3 2.
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McGEE SURVEYING CONSULTING
5290 Overpass Road, Ste#107 - Santa Barbara, CA 93111
Telephone: 805-964-3520 Email: michael@sbcoxmail.com
Date: February 4, 2023
Ron Dragoo, P.E.
Principal/City Engineer
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Subject: Proposal for Annual Portuguese Bend Land Slide Monitoring Surveying Services for the City of
Rancho Palos Verdes for the Initial September-October 2022 [COMPLETED], Partial February-March 2023
[PROPOSED], and Partial April-May 2023 [PROPOSED] Monitoring Surveys.
The Portuguese Bend Land Slide Monitoring Program consist of a tri-annual monitoring initiated in September-
October of each year at the beginning of the rainy season. The September-October Monitoring Survey is the
primary survey of 67 points. A Partial Monitoring Survey of a subset of 33 points follows in February-March
and in April-May of the following year.
Accuracy of the measured ground movement is the primary consideration and high accuracy surveys require a
diligent effort to mitigate errors and assure the integrity of the measurements. About 40 points, mostly in the
western and eastern areas generally move only inches in a year; therefore, the measurements of these points are
held to a higher standard of accuracy. The remaining points experience larger annual movements and are held to
a standard of accuracy commensurate with their movements. The western area also has considerable tree cover
which obstructs satellite signals requiring a greater effort to achieve the necessary measurement accuracies.
The surveys are referenced to point AB03 and AB61 established in 2007 on Portuguese Point and Station PVE3
at the Government Center because they are stabile locations for monitoring the slide movements. PVE3 is one of
four permanently fixed Continuously Operated GPS (CGPS) reference stations included in the surveys to
provide a connection to the national grid and validate a consistent recovery of the reference frame which assures
accurate reporting of relative on-site ground movements. In 2007, the reference frame (datum and coordinates
system) for the monitoring surveys was updated to the National Geodetic Survey’s North American Datum of
1983, 2007.00 Adjustment.
The data collection and processing are based on multiple independent observations with error sources identified
and mitigated. QAQC is an integral part of the survey from collecting field observations to the final network
adjustments that determine accurate movement of the slides. This process is planned and designed with the
intent of being defensible in the event of a challenge to the accuracy or integrity of the survey and the
measurements.
Scope of Services:
1- Review reports and data for the prior surveys, assess the present status of monitoring points and plan the field
campaign for the annual Primary October Monitoring.
2- Field site reconnaissance to check condition and access to points and perform maintenance as necessary to
preserve the monitoring points. The City of Rancho Palos Verdes maintains the access routes and will remove
excess foliage on-site that obstructs the sky view of satellites.
3- Perform GNSS field surveys utilizing precise geodetic GNSS satellite receivers to collect data on the
monitoring points and relate the survey to the stable reference stations noted above. Each monitoring point will
be observed multiple times as necessary to meet the applicable standard of accuracy. Multiple observations will
occur at different times of the day to obtain independent checks on the quality of the measurements.
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McGEE SURVEYING CONSULTING
5290 Overpass Road, Ste#107 - Santa Barbara, CA 93111
Telephone 805-964-3520
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4- Process and analyze the field observations, compare measurements to validate the recovery of the reference
frame, data analysis and QAQC, followed by network adjustments to determine the monitoring point
movements and their California State Plane Coordinates (grid coordinates) and elevations.
5- Analyze the results of the Initial September-October Monitoring Survey and within 45 days of completion
update and submit the Monitoring Survey Movement spreadsheet reporting the annual year over year
movements and overall movements since the 1994 monitoring survey. [COMPLETED]
6- After completion of the April-May Survey, the prior year’s Monitoring Survey Report will be updated to
reflect the Initial and Partial Surveys. The status, descriptions and photos of the monitoring points will be
updated in support of future surveys.
Cost of Services listed in 1 through 5 above for the Initial September-October 2022 Monitoring of 67 Points:
[COMPLETED]
Research, Planning, Field Reconnaissance: $ 1,380.00
GPS Field Surveys: $ 8,988.00
Processing, Analysis, Reports: $ 6,427.00
GNSS (GPS) Receivers $ 2,100.00
Expenses: $ 1,125.00
$ 20,020.00 [COMPLETED]
Cost of Services for the February 2023 Partial Monitoring of 33 Points
[PROPOSED]
Providing services listed in 1 through 4 & 6 above for the Partial Monitoring:
$ 9,510.00
Cost of Services for the April 2023 Partial Monitoring of 33 points:
[PROPOSED]
Providing services listed in 1 through 4 & 6 above for the Partial Monitoring:
$ 9,510.00
Cost for 2022-2023 Monitoring Survey Services: $39,040.00 of which $ 20,020.00 was completed in October
2022. Cost of remaining services to complete the February-March and April-May 2023 monitoring surveys is
$19,020.00 of which $9,510.00 will be invoiced on completion of the February-March survey and $9,510.00 to
be invoiced on completion of the
If you have any question or require additional information do not hesitate to call on me.
Regards,
Michael McGee, PLS3945
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