CC SR 20240116 O - Peacock Ridge Rd Drainage Engineering PSA Award
CITY COUNCIL MEETING DATE: 01/16/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a professional services agreement to BKF
Engineers for engineering and support services for the Storm Drain Improvements at
Peacock Ridge Road Project.
RECOMMENDED COUNCIL ACTION:
(1) Award professional services agreement to BKF Engineers for engineering and
support services for the Storm Drain Improvements at Peacock Ridge Road
Project in the amount of $37,048 with a 15% contingency of $5,557; 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 expenditure not -
to-exceed $42,605. This amount is included in the FY 2023-24 Adopted Budget.
Amount Budgeted: $50,000
Additional Appropriation: N/A
Account Number(s): [330-400-8723-8001]
[CIP Fund – Storm Drain Improvements – Prof/Tech] VR
ORIGINATED BY: Jeremiah H. Sunwoo, Associate Engineer
REVIEWED BY: Ramzi Awwad, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement with BKF Engineers (page A -1)
B. Request for Proposals for Storm Drain Improvements at Peacock Ridge
Project (page B-1)
C. Proposal from BKF Engineers (page C-1)
D. CIP Project Budget Sheet for Storm Drain Improvements at Peacock
Ridge Project (page D-1)
BACKGROUND:
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The Fiscal Year (FY) 2023-24 Capital Improvement Program (CIP) includes funding for
the Peacock Ridge Road Drainage Improvements Project (Attachment D).
The existing 12-inch storm drain situated within a
cul-de-sac in the 5900 block of Peacock Ridge
Road collects runoff from Peacock Ridge Road
and channels it downstream onto Scotmist Drive,
south of Peacock Ridge Road. The segment of
storm drain that connects Peacock Ridge Road
to Scotmist Drive is approximately 150 linear feet.
Based on initial investigation by the City, the
lower pipe segment has collapsed and is no
longer effectively managing runoff on Peacock
Ridge Road, as shown in Figure 1.
On November 1, 2023, Staff advertised a request
for proposals (RFP) for engineering and support
services for the project. The scope of services
generally includes the following and is more thoroughly described in the attached RFP
(Attachment B).
• Review of existing records and data
• Preparation of topographic and boundary survey
• Preparation of hydrologic and hydraulic analysis
• Development of construction plans, specifications, and cost estimates
• Support of bidding and construction
Proposals were received from two firms (BKF Engineers and NV5) by the RFP deadline,
and an evaluation panel of three Staff members ranked the proposals as follows:
PEACOCK RIDGE DRAINAGE IMPROVEMENTS:
Aggregated Proposal Scoring Matrix BKF NV5
Criteria Value Raw
Score*
Final
Score
Raw
Score*
Final
Score
Approach to Scope of Services 20% 8.5 1.70 6.5 1.30
Proposal Schedule 10% 9.5 0.95 5.5 0.55
Staff Qualifications & Experience 40% 8.5 3.40 9.5 3.80
Organization & Staffing 15% 9.0 1.35 10 1.50
Quality Control 15% 8.0 1.20 8.5 1.28
Totals 100% 8.600 8.425
* The raw scores are selected from a range of 1 to 10 and the final score represents the weighted score based on the
value (%) for each of the criteria.
Figure 1: Photograph of localized
flooding at the inlet at the side located
on 5900 block of Peacock Ridge Road
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Staff negotiated a fee proposal and refined scope with the top ranked firm, BKF
Engineers. Attached for City Council consideration is a professional services agreement
with BKF Engineers (Attachment A).
The project schedule anticipates starting the work included in the scope of this agreement
in January 2024 and completing the work in June 2024.
CONCLUSION:
Staff therefore recommends awarding a professional services agreement (Attachment A)
to BKF Engineers for engineering and support services for the Storm Drain Improvements
at Peacock Ridge Road Project in the amount of $37,048 with a 15% contingency of
$5,557.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative action s are available for the
City Council’s consideration:
1. Do not award a professional services agreement BKF Engineers and direct Staff
to re-solicit proposals; or
2. Take other action, as deemed appropriate.
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PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
BKF ENGINEERS
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
BKF ENGINEERS
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into on January 16, 2023, by and between the CITY OF RANCHO PALOS VERDES,
a California municipal corporation (“City”) and BKF ENGINEERS, a California Corporation
(“Consultant” or “BKF”). 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 Pr oposals, 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, Consultan t
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.
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(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for 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 Workday. 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:
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“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
Consultant’s Authorized Initials
(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,
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plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City’s own negligence.
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsibl e
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 Services, the Contractor becomes aware of material defects
in the Scope of Work, duration, or span of the Services, or the Contractor becomes aware of
extenuating circumstance that will or could prevent the completion of the Services, on time or on
budget, the Contractor shall inform the City’s Contract 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 $37,408 (thirty seven thousand four hundred eight dollars)
(the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
(a) 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.
(b) A retention of 10% shall be held from each payment as a contract retention to be
paid as part of the final payment upon satisfactory and timely completion of services. This
retention shall not apply for on-call agreements for continuous services or for agreements for
scheduled routine maintenance of City property or City facilities.
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 su bmitting 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.
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City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 45 (forty-five) days of receipt of Consultant’s correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
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 60 (sixty) 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 ex tent 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
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this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one year.
Consultant shall comply with the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Chris Rideout Principal in Charge_
(Name) (Title)
Roger Chung Project Manager
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only the personnel included in the Proposal to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
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any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Jeremiah H. Sunwoo, Associate Engineer, or such person
as may be designated by the Director of Public Works. It shall be the Consultant’s responsibility
to assure that the Contract Officer is kept informed of the progress of the performance of the
services and the Consultant shall refer any decisions which must be made by City to the Contract
Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer. The Contract Officer shall have authority, if specified in
writing by the City Manager, to sign all documents on behalf of the City required hereunder to
carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the sel ection, discharge,
supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. In addition, neither this Agreement nor any interest herein
may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation
of law, whether for the benefit of creditors or otherwise, without the prior written approval of
City. Transfers restricted hereunder shall include the transfer to any person or group of persons
acting in concert of more 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.
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ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO “insured contract” language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
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approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or
be endorsed to contain a provision that such coverage shall also apply on a primary and non -
contributory basis for the benefit of City before the City’s own insurance or self -insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain and continuously maintain the insurance it deems
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
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requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(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.
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(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or
indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
1. 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;
2. 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;
3. 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
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indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant ’s business,
custody of the books and records may be given to City, and access shall be provided by
Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
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6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall hav e the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, 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
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provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is 15 (fifteen) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article. Any failure on the part of the City
to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s
legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
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 i n
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.
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7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon 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.
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7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest.
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.
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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 t o the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees,
incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City o f
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.
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9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or 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 i nterests 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,
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consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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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
John Cruikshank, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Elena Q. Gerli, City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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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.
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 OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_ DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
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01203.0006/950140.3
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.
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 OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
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A-1 01203.0006/950140.3
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform engineering services to assess the existing storm drain, provided
hydrologic and hydraulic review, develop construction documents for necessary
improvements, and provide engineering support for bidding and construction for the
Storm Drain Improvements at Peacock Ridge Road Project as further detailed below. The
existing 12-inch storm drain situated within a cul-de-sac on the 5900 block of Peacock
Ridge Road collects runoff from Peacock Ridge Road and channels it downstream onto
Scotmist Drive, south of Peacock Ridge Road. The segment of storm drain that connects
Peacock Ridge Road is approximately 140 linear feet in length. Based on an initial
investigation by the City, the part of the storm drain has completely collapsed and is no
longer effectively managing runoff on Peacock Ridge Road. The project is to make the
necessary improvements for proper drainage of Peacock Ridge Road.
1. Collect and Review Existing Information
This task provides for the collection and review of existing information to be
provided by the City. This information may include as-built improvement plans,
hydrology reports, tract maps, GIS -based topographic mapping, CCTV video, and
other relevant information. BKF will review the acquired information and will use
it as applicable during the progression of the Project. BKF will also perform a
field review of the storm drain alignment and easement area. BKF will work with
the City to determine the best approach to gaining access to the affected private
properties. Features that could be critical to the design will be observed and noted.
2. Field Survey and Field Review
BKF will perform a field survey of the existing ground and facilities located in
and around the Project to a distance of 20 feet centered on the existing storm drain
alignment. The survey will begin within the Peacock Ridge Road right of way and
continue downstream along the easement into the Scotsmith Drive right of way.
The survey will also record the location and elevation of significant planimetric
features such as existing trees, irrigation features, other ground cover, utility
manholes, curb openings, fence lines, walls, utility boxes, etc. The data collected
from the survey will be used to prepare a base map of the existing ground surface
along the Project alignment.
3. Hydrology and Hydraulics Study
BKF will perform a series of hydrology and hydraulic studies and analyses in
support of the proposed storm drain improvements. At the conclusion of this work
a hydrology and hydraulic Design Memorandum will be prepared for review and
approval by the City. The final Design Memorandum will be stamped and signed
by a registered engineer licensed in the State of California.
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A-2 01203.0006/950140.3
BKF will delineate the watershed tributary to project inlet to determine the 10-,
25-, and 50-year peak flow rates in Peacock Ridge Road. The hydrology study
will be performed in accordance with the Los Angeles County Hydrology Manual
procedures. The hydrology study will also include the preparation of a hydrology
map that will depict watershed areas, flow concentration points, nodal elevations,
and flow path lengths. The peak flow rates that are computed as a part of the
study will be included on the final hydrology map. BKF will prepare a hydraulic
model of the proposed storm drain. The hydraulic models of storm drain
conveyance will be based on as-built, surveyed, and proposed storm drain
configurations. They will use the Water Surface Profile Gradient (WSPG)
software.
4. 90%-Level Plans, Specifications and Estimates
This task provides for the preparation of plans, specifications, and cost estimates
for the proposed storm drain improvements. It is anticipated that two (2) sheets of
plans will be required for the final plan set including a Title Sheet with General
Notes and a combined Plan, Profile, and Detail Sheet. The plans will be prepared
on 24” x 36”, standard City Titleblock sheets.
This task also includes the preparation of the technical specifications in
accordance with standard city format. The technical specifications will include
specifications pertaining to the material and workmanship required for the various
items related to the Project components based on the latest edition of the Standard
Specifications for Public Works Construction (Greenbook 2021 Edition). The
technical specifications will include a bid sheet of work items and their estimated
quantities consistent with those depicted on the improvement plans.
5. Final Plans, Specifications and Estimates
Upon receipt of comments from the City, BKF will prepare the Final Plans,
Specifications & Estimates (“PS&E”) package. Final PS&E will be submitted to
the City. All documents will be stamped and signed by a registered engineer
licensed to practice in the State of California. The final submittal package will be
ready for advertisement and for public bid.
6. Meetings and Coordination
Meetings will be conducted during all phases of the Project. These meetings will
be used to coordinate the transfer of information and data, and to report on the
status of the Project to the City. Travel time to and from the meetings is included
in the fee for this task. Specific meetings that will occur include the following:
• Kickoff Meeting
• Hydrology and Hydraulics DM Review Meeting
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• 100% Plan Submittal Review Meeting
• Final Plan Submittal Review Meeting
• Pre-Construction Meeting
• 4 Construction Field Meetings
7. Bid Assistance
This task will include the services required to assist the City during the Bid Phase.
These services may include attending the pre-bid conference, attending a job
walk, responding to requests for clarifications from prospective bidders during the
bid period, and/or issuing addenda to the bid package as necessary. If requested,
BKF will tabulate and verify bids using a spreadsheet and analyze the bid results
to recommend the acceptance or rejection of bids. BKF will also prepare a
conformed set of PS&E documents that reflect plan changes that may have
occurred during the bid process. The conformed PS&E package will then be
issued for construction upon approval by the City.
8. Construction Support Services
BKF will provide construction support services as requested by the City. These
services may include, but are not limited to, review of shop drawings, and review
of material submittals. This task also provides for BKF’s review and preparation
of written responses to requests for information (“RFIs”) that may be made by the
contractor during the construction process. Additionally, based on revisions to the
plans that are made and recorded by the contractor during the course of
construction of the project, BKF will prepare record drawings of the in-place
improvements.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A. Technical Summary Memorandum
B. 90% Plans, Specifications, and Estimates
C. Final Plans, Specifications, and Estimates
D. Meeting Minutes
E. Electronic delivery of all CAD/BIM/GIS files created in support of project
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering the
following status reports:
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A-4 01203.0006/950140.3
A. Biweekly Status Report
IV. 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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B-1 01203.0006/950140.3
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
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C-1 01203.0006/950140.3
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
II. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task sub -budget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9.
III. The City will compensate the Consultant for the Services performed upon
submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
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C-2 01203.0006/950140.3
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. NOT
APPLICABLE.
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D-1 01203.0006/950140.3
EXHIBIT “D
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
A. Collect and Review Existing Information – 9 Working Days following Notice to
Proceed (NTP)
B. Field Survey and Field Review – 14 Working Days following NTP
C. Hydrology and Hydraulics Study – 14 Working Days following NTP
D. Draft Plans, Specifications and Estimates – 24 Working Days following NTP
E. Final Plans, Specifications and Estimates – 5 Working Days Following Receipt of
City Comments on Draft Plans, Specifications, and Estimates
F. Bid Assistance – Throughout the Bidding Phase as Determined by the City
G. Construction Support Services – Throughout the Construction Phase as
Determined by the City
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Summary Technical Memorandum – 14 Working Days following NTP
B. Draft Plans, Specifications, and Estimates – 24 Working Days following NTP
C. Final Plans, Specifications, and Estimates – 5 Working Days Following Receipt
of City Comments to Draft Plans, Specifications, and Estimates
D. Responses to Requests for Clarifications from Prospective Bidders Timely so as
Not to Delay Bidding
E. Comments on Shop Drawings and Other Submittals, Responses to Requests for
Information, and Record Drawings of In-Place Improvements Timely so as Not to
Delay Construction and Close-Out
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2. Any further extensions require City Council approval.
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Page 1 of 11
City of Rancho Palos Verdes
RFP- Peacock Ridge Road Drainage Improvements
October 2023 Template
City of Rancho Palos Verdes
Request for Proposals
Peacock Ridge Road Drainage Improvements
Public Works Department
Attention: Jeremiah Sunwoo, Associate Engineer
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: 310.544.5253 | Email: jsunwoo@rpvca.gov
RFP Release Date: 11-01-2023
Request for Clarification Deadline: 11-08-2023
RFP Submittal Deadline: 12-06-2023
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Page 2 of 11
City of Rancho Palos Verdes
RFP- Peacock Ridge Road Drainage Improvements
October 2023 Template
Peacock Ridge Road Drainage Improvements
The City of Rancho Palos Verdes is requesting proposals from qualified consulting firms
to provide engineering services to design and provide engineering support during the
necessary improvements to an existing storm drain at 5900 block of Peacock Ridge Road
in the City of Ranchos Palos Verdes, California.
All correspondence and questions regarding this RFP should be submitted via email to:
Jeremiah Sunwoo, Associate Engineer
Email: jsunwoo@rpvca.gov
Phone: 310.544.5253
To be considered for this project, submit an electronic copy of the proposal to the above
email address by 4:30PM, on Wednesday, December 6, 2023.
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Page 3 of 11
City of Rancho Palos Verdes
RFP- Peacock Ridge Road Drainage Improvements
October 2023 Template
TABLE OF CONTENTS
I. Introduction Page 4
II. Project Objective Page 4
III. Project Description and Background Page 4
IV. Scope of Work Page 5
V. Preliminary Project Schedule Page 7
VI. Necessary Qualifications and Submittal
Requirements Page 8
VII. Submission of Proposal Page 9
VIII. Evaluation and Selection Process Page 10
IX. Attachments
Attachment [A] – Sample Professional Services Agreement
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City of Rancho Palos Verdes
RFP- Peacock Ridge Road Drainage Improvements
October 2023 Template
I. INTRODUCTION
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal
community, with a population of approximately 42,000, located on the Palos Verdes
Peninsula of southwestern Los Angeles County. The City is a contract city, meaning that
some services are provided by contract with agencies (both public and private) and some
services are delivered by the City’s own employees.
Rancho Palos Verdes is a General Law City and has operated under the Council -
Manager form of government since its incorporation in 1973. Policy-making and
legislative authority are vested in the governing City Council, which consists of five
Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and
functions on an annual budget cycle.
The purpose of this document is to provide proposers with the information needed to
submit a proposal for review by the City and, if selected, enter into a Professional Service
Agreement with the City. Enclosed is a blank Professional Services Agreement form for
proposers’ review.
II. PROJECT OBJECTIVE
The City is requesting proposals from qualified firms that will provide engineering services
to assess the existing storm drain, provide hydrologic and hydraulic review, develop
construction documents for necessary improvements and provide engineering support for
bidding and construction.
III. PROJECT DESCRIPTION AND BACKGROUND
The existing 12-inch storm drain situated within a cul-de-sac on the 5900 block of
Peacock Ridge Road collects runoff from Peacock Ridge Road and channels it
downstream onto Scotmist Drive, south of Peacock Ridge Road. The segment of storm
drain that connects Peacock Ridge Road to Scotmist Drive is approximately 140-LF.
Based on initial investigation by the City, the lower 55-LF segment closest to Scotmist
Drive has completely collapsed and is no longer effectively managing runoff on Peacock
Ridge Road.
IV. SCOPE OF WORK
1. Review existing records and data:
a. Review all available existing records, including but not limited to plans,
maps, and video logs.
b. Verify the location and condition of the storm drain.
2. Perform topographic and boundary survey.
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City of Rancho Palos Verdes
RFP- Peacock Ridge Road Drainage Improvements
October 2023 Template
3. Perform hydrologic and hydraulic analysis:
a. Perform hydrologic and hydraulic analysis for the appropriate design
storm(s).
b. Prepare a memorandum notifying the City of the preliminary findings,
including recommendation(s) for improvement.
Calculations for hydrology and hydraulics shall be performed according to the Los
Angeles County (LACO) Hydrology Manual (2006 Edition) and LACO Hydraulic Manual
(2002 Edition). Final calculations shall be stamped and signed by a Professional Engineer
registered in the State of California.
4. Prepare construction plans and specifications:
a. Develop construction plans that include all necessary sheets, including but
not limited to, cover sheet, existing site plan, demolition plan, plan and
profile for the entire length of pipe to be replaced, stormwater pollution
prevention plan and construction details.
b. Plans should include all necessary details and notes pertinent to the project
as required by the City, including but not limited to:
i. Pavement thickness where excavation through pavement is required
ii. Location of all utilities, buried and overhead
iii. Location of vegetation
iv. Property boundary and easement delineations
v. Topographic base map with appropriate elevation intervals
vi. Existing storm drain facility dimensions, including elevation and
location
vii. Items to be protected in place
viii. Restoration plans for disturbed areas
ix. Trench and backfill details
x. Traffic control plans, as needed
xi. Erosion and sediment control plans
xii. Limits of pipe replacement sections
xiii. Limits of soil disturbance
xiv. Location and limits of staging areas
c. Construction plans are to be prepared using Autodesk AutoCAD or Civil3D,
using appropriate scales, and plotted on 24”x36” (Arch D) sheets.
d. All construction plan sheets shall be stamped by a Professional Engineer
registered in the State of California.
e. All construction plan sheets shall include a line for City approval by the
Director of Public Works in the signature block.
f. All construction plans shall be delivered to the City in both printed and
electronic formats.
g. Electronic submittals shall include plotted (.pdf) and CAD (.dwg) files.
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City of Rancho Palos Verdes
RFP- Peacock Ridge Road Drainage Improvements
October 2023 Template
5. Prepare Engineer’s Estimate of Probable Costs:
a. Cost estimates shall be provided to the City in electronic format.
6. Prepare Bid Documents and Provide Bid Support:
a. Develop Notice Inviting Bids
b. Provide timely responses to any questions or RFI(s) related to the project.
7. Participation in Meetings:
a. Consultant shall attend regular meetings with City staff during the design as
needed or requested by the City.
b. Consultant shall attend pre-bid meeting and provide clarifications of design
intent, limitations to reliability information, and potential construction
constraints as requested by potential bidders.
8. Perform Bid Analysis:
a. Consultant shall perform comparative analysis of bid items for the three
lowest bids based on the engineer’s estimate, confirm bid accuracy and
submission of all required bid documents, and identify the lowest responsive
bidder.
b. Consultant shall ensure selected bidder(s) meet the minimum qualifications
and conduct reference checks.
9. Provide Engineering Support:
a. Consultant shall provide support during construction phase, including but
not limited to, verification of contractor’s layout with respect to design
documents, respond to RFI(s), and evaluate change orders.
Consultant shall complete other tasks deemed necessary for the accomplishment of a
complete and comprehensive outcome as described in the project objective. Consultant
shall expand on the above-noted tasks, where appropriate, and provide suggestions
which might lead to efficiencies and enhance the results or usefulness of the work.
Any computer-generated documents, including reports, modeling files, plans,
calculations, and correspondence shall be submitted in a format that is acceptable to the
City. All data generated by this scope of work shall be the property of the City. The
selected firm agrees that no part of the data may be reproduced, or stored in a retrieval
system, or transmitted in any form, whether electronic, mechanical, or otherwise, with out
the City’s prior written consent.
Deliverables
As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City.
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City of Rancho Palos Verdes
RFP- Peacock Ridge Road Drainage Improvements
October 2023 Template
1. Preliminary Design Report that includes findings of data review, field
verification, GIS layers, hydrologic and hydraulic analysis, topographic survey
including utility conflicts, and conceptual plans.
2. Draft Design Package that includes 90% construction plans and specifications
with calculations, engineer’s estimate of probable cost, and special conditions.
3. Final Design Package that includes stamped and signed original reproducible
construction plans and specifications, final design calculations, engineer’s
estimate of probable cost, special conditions, and notice inviting bids.
4. Following substantial completion, Consultant shall prepare “As-Built” record
drawings and submit electronically to the City. Record drawings shall be
appropriately stamped by the Engineer of Record.
City staff may request that check-sets or working versions of documents be submitted
for ongoing routine review. City staff will review all deliverables, including preparatory or
record materials for service deliverables, and provide comments. Consultant is required
to revise draft deliverables to address City staffs’ comments.
V. PRELIMINARY PROJECT SCHEDULE
A. RFP Schedule
The following is the anticipated schedule for the RFP process:
Request for Proposal available 11-01-2023
Request for Clarification due 11-08-2023
Proposals due 12-06-2023
Anticipated Notice of Award 12-20-2023
B. Anticipated Project Schedule
Consultant to provide Anticipated Project Schedule as part of the Proposal. Refer to
Section VI.3(e) of this document for additional information regarding the schedule.
The ideal Consultant candidate will have available resources and personnel, either
in-house or under subcontract, to ensure the completion of the Scope of Services at
the earliest possible time.
VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
1. Only one proposal per firm will be considered.
2. The submittal should be typed and as brief as possible while adequately
describing the qualifications of the firm. The final submittal shall be sent as a
PDF via email to Jeremiah Sunwoo, Associate Engineer at jsunwoo@rpvca.gov.
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City of Rancho Palos Verdes
RFP- Peacock Ridge Road Drainage Improvements
October 2023 Template
3. The proposing firm shall submit the following information with the package,
including the same information for subcontractors, in the following format:
a) Cover Letter: Provide the name, address, and phone number of the firm; the
present staff (size, classification, credentials); the primary contact’s name,
phone number, and email address; any qualifying statements or comments
regarding the proposal; and identification of any sub-consultants and their
responsibilities. Identify the firm’s type of organization (individual, partnership,
corporation), including names and contact information for all officers, and
proof that the organization is currently in good standing. The signed letter
should also include a paragraph stating that the firm is unaware of any conflict
of interest in performing the proposed work. (No more than two pages)
b) Approach to Scope of Services: Identify any additions, expansions,
clarifications, or modifications to the Scope of Services that the firm proposes
in order to provide the services and produce the deliverables contained in this
RFP. Describe how completing the Scope of Services will be approached and
any cost-saving or value-adding strategies or innovations the firm will bring to
the project. (No more than two pages)
c) Organization and Staffing: Identify the person who will be the Project
Manager and primary contact person responsible for the overall delivery of
the project. Provide an organizational chart of the project team that clearly
delineates communication and reporting relationships among the project staff
and among the sub-consultants involved in the project. Identify key personnel
to perform work in the various tasks and include major areas of subcontracted
work.
d) Staff Qualifications and Experience: Describe qualifications of the assigned
staff and subcontractors including relevant technical experience. Staff
assigned to complete the Scope of Services must have p revious experience
in providing the necessary services as described under the Scope of
Services. A registered Professional Engineer must be the Project Manager.
• Prior Experience: Demonstrate that the firm has significant experience
providing services applicable to those described under the Scope of
Services. (No more than two page)
• Staff Qualifications: Provide resumes for the Project Manager and any
other key staff members to be assigned to contribute to the Scope of
Services, with an emphasis on similar services which they provided to
other agencies. (No more than five pages)
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City of Rancho Palos Verdes
RFP- Peacock Ridge Road Drainage Improvements
October 2023 Template
• Reference Projects: Include at least one project with similar scope of
services performed by the project team within the past three years and
indicate the specific responsibilities of each team member on the
reference project. (No more than five pages)
e) Project Schedule: Provide a detailed critical-path-method schedule for
completion of the tasks and sub-tasks required to accomplish the scope of
work. Note all deliverables and interim milestones on the schedule.
f) Quality Control Plan: Describe the quality control procedures and associated
staff responsibilities which will ensure that the deliverables will meet the City’s
needs. (No more than one page)
g) Acceptance of Conditions: State the offering firm’s acceptance of all
conditions listed in the Request for Proposal (RFP) document and Sample
Professional Services Agreement (Attachment A). Any exceptions or
suggested changes to the RFP or Professional Services Agreement (PSA),
including the suggested change, the reasons therefore and the impact it may
have on cost or other considerations on the firm’s behalf must be stated in the
proposal. Unless specifically noted by the firm, the City will rely on the
proposal being in compliance with all aspects of the RFP and in agreement
with all provisions of the PSA. (No more than one page)
VII. Submission of Proposal
A. Requests for Clarification
Requests for clarification of the information contained herein shall be submitted
in writing prior to 4:30 pm on December 06, 2023. Responses to any
clarification question will be provided to each firm from which proposals have
been requested.
B. Confirmation Email
Upon submission of proposal to the City, the proposing firm shall request an email
confirmation that the proposal was received and retain the email as a record. If an
email confirmation is not received, the proposing firm shall correspond with the
City until a confirmation is received.
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City of Rancho Palos Verdes
RFP- Peacock Ridge Road Drainage Improvements
October 2023 Template
VIII. EVALUATIONS AND SELECTION PROCESS
1. Proposals Will be Evaluated Based on the Following Criteria:
a) Approach to Scope of Services (25%)
• Understanding of the Scope of Services as demonstrated by the
thoroughness of the proposal, introduction of cost-saving or value-adding
strategies or innovations (including those applying to overall project
schedule), and an overall approach most likely to result in the desired
outcome for the City.
b) Proposal Schedule (20%)
• Ability to complete the work in the shortest schedule possible (excluding
time for review and community meetings).
c) Staff Qualifications and Experience (30%)
• Relevance of experience of the proposing firm (to provide support
resources to the project team)
• Relevance of experience and strength of qualifications of the Project
Manager
• Relevance of experience and strength of qualifications of the key
personnel performing the work
d) Organization and Staffing (15%)
• Assignment of appropriate staff in the right numbers to perform the Scope
of Services
• Appropriate communication and reporting relationships to meet the City’s
needs
e) Quality Control (10%)
• Adequate immediate supervision and review of staff performing the work
as well as appropriate independent peer review of the work by qualified
technical staff not otherwise involved in the project.
2. Selection Process
An evaluation panel will review all proposals submitted and select the proposal, if
any, which best fulfills the City’s requirements. The City may then further refine the
scope and schedule with that firm and request a fixed cost fee proposal. The City
will negotiate the fee with that firm. The City reserves the right to negotiate special
requirements and proposed service levels using the selected proposal as a basis.
If the City is unable to negotiate an agreeable fee for services with the selected
firm, the City will negotiate with another firm chosen among responders.
3. Award Notification
The City will notify all proposers in writing of the outcome of the selection process
and intent to award. This RFP does not commit the City to award an agreement,
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City of Rancho Palos Verdes
RFP- Peacock Ridge Road Drainage Improvements
October 2023 Template
nor pay any costs incurred in the preparation and submission of the proposal in
anticipation of an agreement. The City reserves the right to reject any or all
proposals, or any part thereof, to waive any formalities or informalities, and to
award the agreement to the proposer deemed to be in the best interest of the City
and the Department.
4. Award of Agreement
The selected firm shall be required to enter into a written agreement (see sample
City agreement in Attachment A) with the City, in a form approved by the City
Attorney, to perform the Scope of Services. This RFP and the proposal, or any part
thereof, may be incorporated into and made a part of the final agreement; however,
the City reserves the right to further negotiate the terms and conditions of the
agreement with the selected consultant. The agreement will, in any event, include
a maximum "fixed cost" to the City.
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BKF Engineers | 4675 MacArthur Court, Suite 400 | Newport Beach, CA | 92660 | 949.526.8460
Page 1 of 6
December 15, 2023
Mr. Jeremiah Sunwoo, Associate Engineer
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
SUBJECT: PEACOCK RIDGE ROAD DRAINAGE IMPROVEMENT PROJECT
Dear Mr. Sunwoo:
Thank you for your request for this proposal for improvements to the existing storm drain line that begins in
the vicinity of the westerly terminus of Peacock Ridge Road and continues downstream to an outfall in the
gutter of Scotmist Drive in the City of Rancho Palos Verdes, California (Project). The storm drain alignment
between the two streets is mostly located in an easement aligned along the easterly lot line of property at
6037 Scotmist Drive.
PROJECT UNDERSTANDING
For the preparation of this proposal, BKF performed a site review and examined CCTV inspection reports. The
site review indicated that the concrete through-curb inlet as well as the concrete transition and manhole structure on Peacock Ridge Road appear to be in serviceable condition. Similarly, the concrete components of
the storm drain outfall to Scotmist Drive are also in serviceable condition. The inoperability of the existing storm drain is a result of extensive failure of the corrugated metal pipe (CMP)
located between the concrete inlet and outfall structures. The CCTV inspection reports clearly show a complete collapse of the CMP pipe section approximately 5 feet upstream of the concrete outfall manhole and the
accumulation of debris in the storm drain beginning immediately downstream of the concrete inlet assembly on Peacock Ridge Road. These two issues have made the storm drain line non-functional for mostly all storm
events resulting in significant ponding upstream of the inlet in Peacock Ridge Road and the potential surface overflow into the downstream property.
The alignment of the storm drain between the two streets is located in a 10-foot wide easement that is evenly divided between 6037 and 6029 Scotmist Drive. The field review, however, suggests that the storm drain is
located within the 5-foot wide portion of the total easement width located on the property of 6037 Scotmist Drive.
The field review also noted that concrete paving on the 6037 property is located throughout the side yard area, including the easement area that contains the storm drain. As such, replacement of the pipe in its present
alignment will require the removal of the paving within the easement area. The City will then need to consider if replacement of the paving within the easement area will be a part of the project given that improvements
within the easement are subject to City acceptance and that the existing concrete paving hinders access to the storm drain.
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Upstream of the concrete paving on the 6037 property, the storm drain alignment is located under
landscaping improvements. These improvements will likely need to be replaced in kind as a part of the Project.
And lastly, an existing storage shed is located adjacent to the storm drain, which will need to be protected in
place during Project construction.
APPROACH
BKF will initiate the Project with a kickoff meeting with City staff to review the scope-of-work and Project
schedule. The meeting will reaffirm our approach to the storm drain improvements.
BKF will then perform a field survey of the site to map existing ground elevations in the area inclusive of the storm drain easement between Peacock Ridge Road and Scotsmith Drive. Portions of Peacock Ridge Road and
Scotsmith Drive will also be surveyed and mapped. During this survey, monument points will be located so that that property lines and the easement boundary can be located. BKF’s survey team will then prepare a base map in CAD format for use in the preparation of the improvement plans.
In parallel with the field survey, BKF will perform a hydrology study of the area tributary to the storm drain inlet
on Peacock Ridge Road. The study will be performed in accordance with the Los Angeles County Hydrology Manual and will determine peak discharges tributary to the inlet for the 10-, 25-, and 50-year storms.
Following the determination of peak discharges, BKF will perform a hydraulic study of the proposed storm drain. BKF will use the Water Surface Pressure Gradient (WSPG) software to model the proposed storm drain as
well as its inlet and outfall assemblies. The results of the modeling will indicate the size of the replacement pipe necessary to convey the desired design discharge.
After the completion of the hydrology and hydraulic studies, BKF will prepare a Design Memorandum (DM) that summarizes the methodology, analyses, and results. The DM will also include BKF’s recommendations on
how to proceed with the Project’s design. BKF will then review the DM with City staff to discuss project design goals in relationship to the physical constraints of the site and the resulting conveyance options for the Project.
The conclusion of the City/BKF review process will establish the basis of the storm drain design.
BKF will then proceed with the preparation of the plans, specification, and engineer’s construction cost estimate (PS&E). Given our prior discussions with the City at this point in the Project’s progression and the Project’s limited extents, BKF is recommending that 90% plans, specifications, and estimates (PS&E
Documents) be prepared for review by the City. The PS&E Documents will be prepared in a format suitable to the City and an engineer’s estimate will be prepared in parallel with the plans. Upon receipt of comments from
the City, BKF will proceed with the preparation of the Final PS&E bid package. The final PS&E package will be
submitted to the City and will be stamped and signed by a Registered Engineer.
Upon advertisement of the Project by the City, BKF will assist the City during the bid process. This assistance
will include preparing written responses to questions asked by the bidders, assisting the City with the
preparation of addendums, and evaluating bids received for the construction of the project. BKF’s assistance
will then continue throughout the duration of Project construction on an on-call basis. This assistance may
include the review of submittals, responding to information requests, and providing engineering services in
support of any newly discovered field conditions. BKF will then assist the City with the close-out of the project through the preparation of Record Drawings.
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STAFFING
BKF has assigned a qualified team of experts to provides the services describe in this proposal. Or team will be
structured as indicted in the organizational chart below.
PROJECT ORGANIZATION CHART
SCOPE OF WORK
1. Collect and Review Existing Information
This task provides for the collection and review of existing information to be provided by the City. This information may include as-built improvement plans, hydrology reports, tract maps, GIS-based topographic
mapping, CCTV video, and other relevant information. BKF will review the acquired information and will use it as applicable during the progression of the Project. BKF will also perform a field review of the storm drain
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Page 4 of 6
alignment and easement area. BKF will work with the City to determine the best approach to gaining access
to the affected private properties. Features that could be critical to the design will be observed and noted.
2. Field Survey and Field Review
BKF will perform a field survey of the existing ground and facilities located in and around the Project to a
distance of 20 feet centered on the existing storm drain alignment. The survey will begin within the Peacock
Ridge Road right of way and continue downstream along the easement into the Scotsmith Drive right of
way. The survey will also record the location and elevation of significant planimetric features such as existing
trees, irrigation features, other ground cover, utility manholes, curb openings, fence lines, walls, utility boxes,
etc. The data collected from the survey will be used to prepare a base map of the existing ground surface along the Project alignment.
3. Hydrology and Hydraulics Study
BKF will perform a series of hydrology and hydraulic studies and analyses in support of the proposed storm
drain improvements. At the conclusion of this work a hydrology and hydraulic Design Memorandum (DM) will be prepared for review and approval by the City. The final DM will be stamped and signed by a registered engineer licensed in the State of California.
BKF will delineate the watershed tributary to project inlet to determine the 10-, 25-, and 50-year peak flow
rates in Peacock Ridge Road. The hydrology study will be performed in accordance with the Los Angeles County Hydrology Manual procedures. The hydrology study will also include the preparation of a hydrology
map that will depict watershed areas, flow concentration points, nodal elevations, and flow path lengths. The peak flow rates that are computed as a part of the study will be included on the final hydrology map.
BKF will prepare a hydraulic model of the proposed storm drain. The hydraulic models of storm drain conveyance will be based on as-built, surveyed, and proposed storm drain configurations. They will use the
Water Surface Profile Gradient (WSPG) software.
4. 90%-Level Plans, Specifications and Estimates
This task provides for the preparation of plans, specifications, and cost estimates for the proposed storm drain improvements. It is anticipated that two (2) sheets of plans will be required for the final plan set
including a Title Sheet with General Notes and a combined Plan, Profile, and Detail Sheet. The plans will be prepared on 24” x 36”, standard City Titleblock sheets.
This task also includes the preparation of the technical specifications in accordance with standard city format. The technical specifications will include specifications pertaining to the material and workmanship
required for the various items related to the Project components based on the latest edition of the Standard
Specifications for Public Works Construction (Greenbook). The technical specifications will include a bid
sheet of work items and their estimated quantities consistent with those depicted on the improvement
plans.
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5. Final Plans, Specifications and Estimates
Upon receipt of comments from the City, BKF will prepare the Final PS&E package. Final plans, specifications
and estimates will be submitted to the City. All documents will be stamped and signed by a registered
engineer licensed to practice in the State of California. The final submittal package will be ready for
advertisement and for public bid.
6. Meetings and Coordination
We anticipate that meetings will be conducted during all phases of the Project. These meetings will be used
to coordinate the transfer of information and data, and to report on the status of the Project to the City. Travel time to and from the meetings is included in the estimated fee for this task. Specific meetings that
will occur include the following:
• Kickoff Meeting
• Hydrology and Hydraulics DM Review Meeting
• 100% Plan Submittal Review Meeting
• Final Plan Submittal Review Meeting
• Pre-Construction Meeting
• 4 Construction Field Meetings
7. Bid Assistance
This task will include the services required to assist the City during the Bid Phase. These services may include
attending the pre-bid conference, attending a job walk, responding to requests for clarifications from prospective bidders during the bid period, and/or issuing addenda to the bid package as necessary. If
requested, BKF will tabulate and verify bids using a spreadsheet and analyze the bid results to recommend the acceptance or rejection of bids. BKF will also prepare a conformed set of PS&E documents that reflect plan changes that may have occurred during the bid process. The conformed PS&E package will then be
issued for construction upon approval by the City.
8. Construction Support Services
BKF will provide construction support services as requested by the City. These services may include, but are not limited to, review of shop drawings, and review of material submittals. This task also provides for BKF’s
review and preparation of written responses to requests for information (RFI’s) that may be made by the contractor during the construction process. Additionally, based on revisions to the plans that are made and
recorded by the contractor during the course of construction of the project, BKF will prepare record drawings of the in-place improvements.
9. Reimbursable Expenses
This task provides for reimbursable expenses such as travel costs, plotting and printing costs, messenger
service costs, and equipment costs as required to complete the Project.
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FEE TABLE
A work Fee Table, including staff classifications and their hourly rates, is attached to this proposal. The fee table
provides the total fee for each task as well as the total fee for the Project.
PROJECT SCHEDULE
A project schedule has been attached that depicts start and end dates of the tasks associated with the Project’s
scope of work. The schedule also identifies the tasks that are on the critical path to Project completion.
Please contact me at (949) 526-8462 if you have any questions or need any clarifications.
Sincerely, BKF Engineers
Chris Rideout, PE Principal/Vice President
Attachments: Fee Table
Project Schedule
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FEE TABLE
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SPM SPE DE S-Chief S-Inst Expenses
hrs hrs hrs hrs hrs hrs Fees hrs Fess
Task 1 - Collect and Review Existing Information 4 4 $1,000 4 $1,000
Task 2 - Field Survey and Field Review 6 12 12 12 42 $8,160 42 $8,160
Task 3 - Hydrology and Hydraulics Study 2 16 8 26 $5,068 26 $5,068
Task 4 - 90%-Level Plans, Specifications and Estimates 4 24 12 40 $7,852 40 $7,852
Task 5 – Final Plans, Specifications and Estimates 2 16 18 $3,812 18 $3,812
Task 6 – Meetings and Coordination 12 12 $3,000 12 $3,000
Task 7 – Bid Assistance 8 8 $2,000 8 $2,000
Task 8 – Construction Support Services 16 8 24 $5,656 24 $5,656
Task 9 – Reimbursable Expenses 0 $0 $500 0 $500
54 76 20 12 12 174 174
$13,500 $15,732 $3,140 $2,544 $1,632 $36,548 $500 $37,048
RATES ($/Hr): $250 $207 $157 $212 $136
BKF Classification Descriptions:
SPM = Senior Project Manager
SPE = Project Manager
DE = Design Engineer
S-Chief = Survey Party Chief
S-Inst = Survey Instrument Person
GRAND TOTAL FEES
Task Total
BKF Engineers
GRAND TOTAL HOURS
City of Rancho Palos Verdes
Peacock Ridge Road Drainage Improvement Project
ESTIMATED FEES & EXPENSES
Task Description Total Fees
C:\Users\vild\Desktop\RPV_Peacock_Ridge\Peacock_Fee_WBS.xls 12/12/2023C-8
SCHEDULE
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ID Task Name Duration Start Finish
1
2 Task 1 - Collect and Review Existing Information 9 days Tue 12/26/23 Fri 1/5/24
3
4 Task 2 - Field Survey and Field Review 14 days Tue 12/26/23 Fri 1/12/24
5
6 Task 3 - Hydrology and Hydraulics Study 14 days Tue 12/26/23 Fri 1/12/24
7
8 Task 4 - 90%-Level Plans, Specifications and Estimates 10 days Mon 1/15/24 Fri 1/26/24
9
10 City Review of 90%-Level PS&E 15 days Mon 1/29/24 Fri 2/16/24
11
12 Task 5 – Final Plans, Specifications and Estimates 5 days Mon 2/19/24 Fri 2/23/24
13
14 Task 6 – Meetings and Coordination 44 days Tue 12/26/23 Fri 2/23/24
15
16 Task 7 – Bid Assistance 30 days Mon 2/26/24 Fri 4/5/24
17
18 Task 8 – Construction Support Services 20 days Mon 4/8/24 Fri 5/3/24
19
20
21
22
23
24
25
26
24 31 7 14 21 28 4 11 18 25 3 10 17 24 31 7 14 21 28
Jan '24 Feb '24 Mar '24 Apr '24 May '24
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
PROJECT SCHEDULE
City of Palos Verdes
Peacock Ridge Drainage Improvement Project
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Project: Downey
Date: Mon 12/11/23
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City of Rancho Palos Verdes | Adopted Budget | Capital Improvement Program (Fiscal Years 2023-2024 through 2027-28) 371
-$ -$
-$ -$
-$
-$
-$ -$
-$ -$ -$
-$ -$ -$
-$ -$ -$ -$ -$
The existing storm drain pipe, collecting stormwater runoff from Peacock Ridge
Road and conveying it to an outlet on Scotmist Drive, has collapsed and needs to be
replaced.
Estimated annual operating / maintenance cost TBD
ESTIMATED SCHEDULE
Engineering and Construction in Fiscal Year 2023-24
Project Location Map Background and Justification
-$ -$
-$ 325,000$ -$ -$ -$ -$
-$ -$ -$ -$
FUNDING
-$ -$ 330 (CIP Fund)
-$ -$ -$ -$
Committed
FY23/24 FY24/25 FY25/26 FY26/27 FY27/28
Future
Fiscal Yearsas of 3/31/23
-$ 325,000$ -$ -$ -$
-$ 325,000$ -$ -$ -$ -$ 325,000$
Inspection $ - $ 20,000 $ - $ - $ - $ - 20,000$
Construction $ - $ 195,000 $ - $ - $ - $ - 195,000$
Project Contingency $ - $ 60,000 $ - $ - $ - $ - 60,000$
$ - 20,000$
Management $ - $ 10,000 $ - $ - $ - $ -
Engineering $ - $ 20,000 $ - $ - $ -
10,000$
Environmental $ - $ 10,000 $ - $ - $ - $ - 10,000$
Overall
Planning $ - $ 10,000 $ - $ - $ - $ - 10,000$
FY23/24 FY24/25 FY25/26 FY26/27 FY27/28
Committed
as of 3/31/23
Insert Descriptive Photo
PROJECT DESCRIPTION
This project is intended to remove and replace a collapsed storm drain pipe at Peacock
Ridge Road and install associated infrastructure, including a new catch basin and storm
drain outlet (on Scotmist Drive).
PROJECT COST ESTIMATES
8700 Series Sewer & Storm Drain Improvements Projects 8723
Storm Drain Improvements at Peacock Ridge Road
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