CC SR 20240319 L - PVIC Restrooms Houston Tyner Amendment 3
CITY COUNCIL MEETING DATE: 03/19/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to approve Amendment No. 3 to the Professional
Services Agreement (PSA) with Houston/Tyner for the Restroom Improvements Project
at the Point Vicente Interpretive Center (PVIC).
RECOMMENDED COUNCIL ACTION:
(1) Approve Amendment No. 3 to the PSA with Houston/Tyner to add construction
support services to the scope of services for the Restroom Improvements Project
at the PVIC, in the not-to-exceed amount of $10,500, increasing the contract sum
from $35,600 to $46,100.
(2) Authorize the Mayor and City Clerk to execute the Amendment in a form approved
by the City Attorney.
FISCAL IMPACT: If Staff’s recommendation to add construction services to the
Houston/Tyner PSA is approved by the City Council in the not-to-exceed amount of
$10,500, this will increase the sum of the PSA from $35,600 to $46,100 and is within the
budget currently adopted by the City Council. Therefore, no additional budget
appropriation is needed.
Amount Budgeted: $805,600
Additional Appropriation: None
Account Number(s): 333-400-8508-xxxx (ARPA-PVIC Restroom Imps-Various)
330-400-8508-xxxx
(CIP Fund-PVIC Restroom Imps-Various) VR
ORIGINATED BY: James O'Neill, Project Manager
David Copp, Public Works Deputy Director
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Amendment No. 3 to the Professional Services Agreement with Houston
Tyner (page A-1)
B. Amendment No. 2 to the Professional Services Agreement with Houston
Tyner (page B-1)
1
RANCHO PALOS VERDES
C. Amendment No. 1 to the Professional Services Agreement with Houston
Tyner (page C-1)
D. Professional Services Agreement with Houston Tyner (page D-1)
BACKGROUND:
On November 2, 2021, the City Council awarded a PSA to Houston /Tyner to design the
Restroom Improvements at the PVIC pursuant to the City Council-approved Capital
Improvement Project (Attachment D).
On September 6, 2022, the City Council approved Amendment No. 1 to extend the term
of the PSA through June 30, 2023 (Attachment C). As part of the amendment,
Houston/Tyner completed the plans and specifications for the project in January 2023,
which were used to solicit construction bids shortly thereafter.
On April 4, 2023, the City received two bids for construction, both of which were above
the engineer’s estimate. As a result, the City Council approved Amendment No. 2 to the
PSA to review and update the plans, specifications, and project conditions in order to
increase potential for obtaining lower bids, and to reflect building codes that would be in
effect at the time of the new construction contract award (Attachment B). The amendment
also extended the PSA’s term through June 30, 2024 and increased the contract sum by
$5,000 from $30,600 to $35,600, using the authorized contingency of the original PSA.
On November 14, 2023, the City Council awarded a construction contract to Ambit
Construction and Design, Inc. and construction started on the project on December 26,
2023.
DISCUSSION:
During construction, it is best practice to retain the architect/engineer-of-record’s services
to provide technical support during construction. This support includes providing
responses to the contractor’s questions regarding the design and/or field conditions,
ensuring that equipment and materials procured by the contractor are in conformance
with the contract plans and specifications, specifying City-approved changes to the scope
of work, and reviewing and approving the contractor’s submitted “as -built” plans at the
end of the project for future reference by the City.
Staff inadvertently overlooked including these services in the original PSA and
subsequent amendments. Therefore, Staff now recommends that the City Council
approve Amendment No. 3 (Attachment A) to the PSA to add construction support
services in the not-to-exceed amount of $10,500. This increases the sum of the PSA from
$35,600 to $46,100 and is within the budget currently adopted by the City Council.
Therefore, no additional budget appropriation is requested. The project budget is shown
in Table 1.
2
Table 1- Restroom Improvements at PVIC Project Budget
ADDITIONAL INFORMATION:
Construction of the project is anticipated to be completed on schedule and prior to the
City’s Whale of a Day event, which is scheduled for April 13, 2024.
CONCLUSION:
Staff recommends the City Council approve Amendment No. 3 to the PSA with
Houston/Tyner to provide construction support services, increasing the contract sum by
$10,500 from $35,600 to $46,100.
ALTERNATIVE:
In addition to the Staff recommendation, the following alternative action s are available for
the City Council’s consideration:
1. Do not approve Amendment No. 3 to the Houston/Tyner PSA, limiting the ability to
assure conformance of construction to the project design and constraining design
changes in response to differing site conditions.
2. Take other action, as deemed appropriate.
Description Fund Budget
Revised Budget FY21-22 333 35,600.00
Original Budget FY22-23 330 328,250.00
Original Budget FY22-23 333 40,000.00
Original Budget FY23-24 333 401,750.00
Total Budget 805,600.00
Budget Committed
Expenditures
as of 03/05/2024 Balance Notes
Project Costs:
8001 Professional/Technical Services 330 30,000.00 - - 30,000.00
8006 Inspection Services 330 60,000.00 14,550.00 25,386.00 20,064.00
8802 Other Improvements 330 238,250.00 - - 238,250.00
8001 Professional/Technical Services 333 15,000.00 - - 15,000.00
8005 Engineering Design Services 333 35,600.00 7,000.00 28,600.00 -
8006 Inspection 333 25,000.00 - - 25,000.00
8802 Other Improvements 333 401,750.00 270,091.60 127,458.40 4,200.00
Total Project Costs 805,600.00 291,641.60 181,444.40 332,514.00
-$ 291,641.60$ 181,444.40$ 332,514.00$
8508 - Restroom Improvements at Point Vicente Interpretive Center
3
A-1
AMENDMENT NO. 3
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
("Amendment No. 3") by and between the CITY OF RANCHO PALOS VERDES ("City") and
HOUSTON/TYNER, a California Corporation ("Consultant") is effective as of March 19, 2024.
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services
dated November 2, 2021 ("Agreement") whereby Consultant agreed to provide design services
(the "Services") for the Restroom Improvements for the Point Vicente Interpretive Center (the
"Project"), for a Contract Sum of $30,600. The Agreement provided for the City to extend the term
by 90 days at the City's discretion.
B. On August 2, 2022 the City and Consultant amended the Agreement to extend the
term until June 30, 2023 ("Amendment No. 1 ").
C. On April 4, 2023, the City and Consultant amended the Agreement in order to
clarify and modify the plans and specs to find ways to make the Project less costly, extended the
term until June 30, 2024, increased the Contract Sum to $35,600 ("Amendment No. 2").
C. The City and Consultant now desire to amend the Agreement to increase the scope
of services to include Construction Administration support during construction for an additional
not-to-exceed amount of $10,500, for a new Contract Sum of $46,100, without extending the term
of the Agreement.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strik:etlHottgh and added text in bold italics.
a. Section 2.1 ("Contract Sum") is amended to read
Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in the " Schedule of Compensation"
attached hereto as Exhibit" C" and incorporated herein by this reference.
The total compensation, including reimbursement for actual expenses, shall
not exceed $35,M)() (Thirty Piw, The11&-a1ul,· Si£ H11ndl'etJDellars)$46,100
(Forty Six Thousand One Hundred Dollars ( the Contract Sum"), unless
additional compensation is approved pursuant to Section 1 9
b. The following is added to Exhibit "A" Scope of Work:
Construction Administration Services:
A-2
• Consultant: Hourly services for the anticipated nine (9) week
project, up to four (4) site visits.
• MEP Engineering/South Coast Engineering Group
(subconsultants): hourly construction administration not to
exceed $3,000.
c. Exhibit "C" Schedule of Compensation is amended to read:
Services through April 14, 2023:
Des ign Phase Ar chite ct Structur al MEP Engin ee r Cos t TO TALS Estim at or
Plumbing !Camera Est. • $2 ,000 $0 $0 $0 $2 ,000
Concept Des ign /Survey $4 ,000 N/A $2 ,000 $4 ,000 $10 ,000
Des ign Development $3 ,000 N/A $1 ,000 NIA $4 ,000
Construct ion Documents $6 ,000 $2 ,000 $2 ,000 $3 ,000 $13 ,000
Plan Check $1 ,000 N/A $600 N/A $1 ,600
Subtotal $16 ,000 $2 ,000 $5 ,600 $7 ,000 $30 ,600
Additional Services FY 23-24 $5,000
Construction Administration Services effective March 19, 2024
Consultant
Project Architect 28 hrs. at $210; Drafter 12 hrs. at $135: $7,500
Subconsultants MEP Engineering/South Coast Engineering Group
Project Engineer 12 hrs. at $165; Drafter 10 hrs. at $100: $3,000
TOTAL CONTRACT SUM $46,100
d. Section I of Exhibit "D" Schedule of Completion is amended to read
Approximate
time to
Task complete Deadline
A Complete ADA & Two weeks November 5, 2021
Infrastructure Survey and CAD
backgrounds Completed
01203 .0006/966808. I -2-
A-3
B Review Design Preferences NIA November 19, 2021
with City
Completed
C Prepare first round of concepts Four weeks November 19, 2021
Completed
D Incorporate comments from Three weeks Three weeks from
initial concept presentation and receipt of City
re-present comments
Completed
E Prepare and Submit Design Three weeks Three weeks from
Development Drawings receipt of City
comments
Completed
F Present to City Council 1 day October 18, 2022
Completed
G Complete Bid/Construction Three weeks November 8, 2022
Documents and Submit to City
Completed
H Review Plans and Four weeks May 5, 2023
Specifications and make
recommendations for the City Completed
to consider prior to advertising
for new bids
I (Option) Revise plans and Six Months October 31, 2023
Specifications, in response to
City adoption of Completed
recommendations in Task H
J Provide Construction Four Months June 30, 2024
Administration support
during construction
2. Continuing Effect of Agreement. Except as amended by Amendment Nos. 1
through 3, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Amendment, whenever the term "Agreement" appears in the
01203.0006/966808.l -3-
A-4
Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 3 to the
Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 3,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 3,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 3.
5. Authority. The persons executing this Amendment No. 3 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this
Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and
(iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement
to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01203.0006/966808.l -4-
A-5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Elena Q. Gerli, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
John Cruikshank, Mayor
CONSULTANT:
HOUSTON/TYNER
By:
Digitally signed by William Wickett W· 11 · w· k tt ON : C=US , E=bjw@housotntyner.com, I I am IC e O,Houston/Tyner, CN,Will iam Wickett
Date : 2024 .03.12 10:1 7:48-07'00'
William H . Wi ckett
President
Address: 2630 Sepulveda Boulevard
Torrance, California 90505
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.
01203 .0006/966808. I -5-
A-6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On . 2024 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 PENAL TY 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
0 INDIVIDUAL
0 CORPORATE OFFICER
□
□ □ □ □
TITLE(S)
PARTNER(S) 0 LIMITED
0 GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER ____________ _
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/966808.l
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On . 2024 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 PENAL TY 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
0 INDIVIDUAL
0 CORPORATE OFFICER
□
□ □ □ □
TITLE(S)
PARTNER(S) 0 LIMITED
0 GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/966808.l
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
DocuSign Envelope ID: 64122290-B024-49FA-A803-67EF1A4D02FF
AMENDMENT NO. 2
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
(“Amendment No. 2”) by and between the CITY OF RANCHO PALOS VERDES (“City”) and
HOUSTON/TYNER, a California Corporation (“Consultant”) is effective as of April 4, 2023.
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services
dated November 2, 2021 (“Agreement”) whereby Consultant agreed to provide design services
(the “Services”) for the Restroom Improvements for the Point Vicente Interpretive Center (the
“Project”), for a Contract Sum of $30,600. The Agreement had a Term of 180 days, and provided
that the City could extend the Term by 90 days at the City’s discretion.
B. On August 2, 2022 the City and Consultant amended the Agreement to extend the
term until June 30, 2023 (“Amendment No. 1”).
C. Because the bids for the Project were unexpectedly high, Consultant will work to
clarify and modify the plans and specs to find ways to make the Project less costly. Therefore, City
and Consultant now desire to amend the Agreement to extend the term until June 30, 2024, and to
increase the Contract Sum to $35,600.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikethrough and added text in bold italics.
a. Section 2.1, Contract Sum, is amended to read:
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant
the amounts specified in the “Schedule of Compensation” attached hereto as
Exhibit “C” and incorporated herein by this reference. The total compensation,
including reimbursement for actual expenses, shall not exceed $30,600 (Thirty
Thousand, Six Hundred Dollars)$35,600 (Thirty Five Thousand Six Hundred
Dollars) (the “Contract Sum”), unless additional compensation is approved
pursuant to Section 1.9.
b. Section 3.4, Term, is amended to read:
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 June 30, 2023June 30, 2024, except as otherwise provide in the
Schedule of Performance (Exhibit “D”)
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DocuSign Envelope ID: 64122290-B024-49FA-A803-67EF1A4D02FF
-2- 01203.0006/865588.2
c. Section I of Exhibit “D” Schedule of Compensation is amended to read:
Task
Approximate
time to
complete
Deadline
A Complete ADA &
Infrastructure Survey and CAD
backgrounds
Two weeks November 5, 2021
Completed
B Review Design Preferences
with City
N/A November 19, 2021
Completed
C Prepare first round of concepts Four weeks November 19, 2021
Completed
D Incorporate comments from
initial concept presentation and
re-present
Three weeks Three weeks from
receipt of City
comments
Completed
E Prepare and Submit Design
Development Drawings
Three weeks Three weeks from
receipt of City
comments
Completed
F Present to City Council 1 day October 18, 2022
Completed
G Complete Bid/Construction
Documents and Submit to City
Three weeks November 8, 2022
Completed
H Review Plans and
Specifications and make
recommendations for the City
to consider prior to
advertising for new bids
Four weeks May 5, 2023
I (Option) Revise plans and
Specifications, in response to
Six Months October 31, 2023
B-2
DocuSign Envelope ID: 64122290-B024-49FA-A803-67EF1A4D02FF
-3- 01203.0006/865588.2
City adoption of
recommendations in Task H
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement,
it shall mean the Agreement, as amended by Amendment Nos. 1 and 2 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 2,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 2,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 2.
5. Authority. The persons executing this Amendment No. 2 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this
Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and
(iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement
to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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I I
DocuSign Envelope ID: 64122290-B024-49FA-A803-67EF1A4D02FF
-4- 01203.0006/865588.2
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
ATTEST:
Barbara Ferraro, Mayor
4/25/2023
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
4/20/2_023
William W. Wynder, City Attorney
CONSULTANT:
HOUSTON/TYNER, a California
corporation
By:
William H. Wickett
President
By:
Gary Houston
Chief Financial Officer
4/20/2023
Address: 2630 Sepulveda Boulevard
Torrance, California 90505
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.
4/25/2_023
4/20/2023
B-4
DocuSign Envelope ID: 64122290-B024-49FA-A803-67EF1A4D02FF
01203.0006/865588.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2023 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
ATTORNEY-IN-FACT
TRUSTEE(S)
GENERAL NUMBER OF PAGES
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
B-5
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□
□ □ □ □
□ □
DocuSign Envelope ID: 64122290-B024-49FA-A803-67EF1A4D02FF
01203.0006/865588.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.
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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C-1
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
("Amendment No l ") by and between the CITY OF RANCHO PALOS VERDES, a general
law city & mumc1pal corporation ("City ) and HOUSTONffYNER a Cahfom1a corporation
("Consultant ), 1s effective as of September 6, 2022
RECITALS
A City and Consultant entered mto that certam Agreement for Profess10nal Services
dated November 2, 2021 ("Agreement") whereby Consultant agreed to provide design and
engmeermg services for renovatmg the public restrooms at the City's Pomt Vicente Interpretive
Center (the "Services"), for a Contract Sum of $30,600 The Term of the Agreement was for 180
days, with an option to extend for an add1t1onal 90 days
B City has been delayed m its review of Consultant's first round of concepts The City
and Consultant now desue to amend the Agreement to extend the term of that Agreement so that
the scope of services can be completed
TERMS
Contract Changes The Agreement 1s amended as provided herem Deleted text 1s
md1cated m stnkethrough and added text m bold 1tahcs
Task
A
a Section 3 4, Term, 1s amended to read
Unless earlier termmated m accordance with Article 7 of this
Agreement, this Agreement shall contmue m full force and effect
until completion of the services but not exceed mg 180 ealendar days
from the date heFeofJune 30, 2023, except as otherwise provided m
the Schedule of Performance Exh1b1t "D") The City may, 1n its
d1sefet10n, extend the Tenn ey 90 ealendar days "
b Section I of Exh1b1t "D" Schedule of Compensation 1s amended to
read
Approximate
hmeto
complete Deadlme
Complete ADA & Two weeks November 5, 2021
Infrastructure Survey and Completed
CAD backgrounds
C-2
B Review Design Preferences NIA November 5, 2021
with City Completed
C Prepare first round of Four weeks November 19 2021
concepts Completed
D Incorporate comments from Three weeks Deeember 17, 2021
m1t1al concept presentation Three weeks from receipt of Ctty
and re-present comments
E Prepare and Submit Design Three weeks January 1 4 2022
Development Drawmgs Three weeks from mcorporatwn of
presentatton comments (Task D)
F Present to City Council 1 day February 15, 2022
October 18, 2022
G Complete B1d/Constructlon Three weeks Mareh 11, 2022
Documents and Submit to November 8, 2022
City
2 Contmumg Effect of Agreement. Except as amended by this Amendment No 1,
all prov1s1ons of the Agreement shall remam unchanged and m full force and effect From and
after the date of this Amendment No 1, whenever the term "Agreement" appears m the Agreement,
1t shall mean the Agreement, as amended by this Amendment No 1 to the Agreement
3 Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective nghts and obhgat1ons
ar1smg under the Agreement Each party represents and warrants to the other that there have been
no wntten or oral modifications to the Agreement other than as provided herem Each party
represents and warrants to the other that the Agreement 1s currently an effective, vahd, and bmdmg
obhgat1on
Consultant represents and warrants to City that, as of the date of this Amendment No 1,
City 1s not m default of any matenal term of the Agreement and that there have been no events
that, with the passmg of time or the g1vmg of notice, or both, would constitute a matenal default
under the Agreement
City represents and warrants to Consultant that, as of the date of this Amendment No 1,
Consultant 1s not m default of any matenal term of the Agreement and that there have been no
events that, with the passmg of time or the g1vmg of notice, or both, would constitute a matenal
default under the Agreement
4 Adequate Cons1derahon The parties hereto mevocably stipulate and agree that
they have each received adequate and mdependent consideration for the performance of the
obhgat1ons they have undertaken pursuant to this Amendment No 1
01172 0006/815067 2 -2-
C-3
5 Authority The persons executing this Amendment No 1 on behalf of the parties
hereto warrant that (1) such party 1s duly orgamzed and existing, (11) they are duly authonzed to
execute and dehver this Amendment No I on behalf of said party, (111) by so executing this
Amendment No 1, such party 1s formally bound to the prov1s10ns of this Amendment No 1 and
(1v) the entenng into this Amendment No 1 does not v10late any prov1s10n of any other agreement
to which said party 1s bound
[SIGNATURES ON FOLLOWING PAGE]
01172 0006/815067 2 -3-
C-4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above wntten
ATTEST
~ resaak;:Crty Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Iv ,,:JI~ u)~~
Wilham W Wynder, City Attorney
CITY
CITY OF RANCHO PALOS VERDES,
~n~
-;,-:;--David Bradley, Mayor
CONSULTANT
HOUSTON/TYNER,
a California corporation
By
Wilham H Wickett
By e\l:b-
Gary Houston
Chief Fmancrnl Officer
Address 2630 Sepulveda Boulevard
Torrance, Cahfomia 90505
Two corporate officer signatures required when Consultant 1s 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 Fmanc1al Officer or any Assistant Treasurer CONSULT ANT'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
01172 0006/815067 2 -4-
C-5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notal)' public or other officer completing this certificate verifies only the 1dent1ty of the md1v1dual who signed the
document to which this certificate 1s attached, and not the truthfulness, accuracy or validity of that document
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On 11\ / l/ , 2022 before me,1 J~ S,euf: personally appeared b~ :tio\A6lrov\ proved to me on the
basis of satisfactOI)' evidence to
0
be the person(s) whose names(s) is/are sub; ed to the w1thm instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capac1ty(1es), and that by
his/her/their s1gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument
I certify under PENAL TY OF PERJURY under the laws of the State ofCahfomia that the foregoing paragraph 1s true
and correct
WITNESS my han:~•=~I
Signature --<~>-+-~ ...... ~------------
1············f •• JESSICA BECK
: Notary Pubhc Cahforn1a
f 1 -Los An9elei County I
Commm1on # 2271772 -~ .,. 0 • My Comm Exp1rei Dec 18 2022 ~
OPTIONAL
Though the data below 1s not reqmred by law, 1t may prove valuable to persons relying on the document and could
prevent fraudulent reattachment ofth1s form
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORA TE OFFICER
□
□ □ □ □
TITLE(S)
PARTNER(S) 0
□ ATTORNEY-IN-FACT
LIMITED
GENERAL
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING
(NAME OF PERSON(S) OR ENTITY(IES))
01172 0006/815067 2
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DA TE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
C-6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary pubhc or other officer completing this certificate verifies only the identity of the ind1v1dual who signed the
document to which this certificate 1s attached and not the truthfulness, accuracy or vahd1ty of that document
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On '1 / Le , 2022 before me,J~ f>e,v{&, personally appeared ~d 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 capac1ty(1es), and that by
his/her/their s1gnature(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 ofCahforn1a that the foregoing paragraph 1s true
and correct
WITNESS my hand and official seal
S,gnatu,e ~
t············~ • , JESSICA BECK
: ;---, • • Notary Pubhc California z
i ~ ! Los Angeles County !
i • Comm1ss1on II 2271772
• ·• My Comm Expires Dec 18, 2022
OPTIONAL
Though the data below 1s not reqmred by law, 1t may prove valuable to persons relying on the document and could
prevent fraudulent reattachment ofth1s form
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORA TE OFFICER
TITLE(S)
PARTNER(S) 0
□ ATTORNEY-IN-FACT
TRUSTEE(S)
LIMITED
GENERAL □
□ □ □ □
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING
(NAME OF PERSON(S) OR ENTITY(IES))
01172 0006/815067 2
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DA TE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
D-1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
HOUSTON/ TYNER
for
Design & Engmeermg Services for Restroom Improvements
01203 0006/745561 I EQG
D-2
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
HOUSTON I TYNER
THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") 1s made and entered
mto on November 2, 2021, by and between the CITY OF RANCHO PALOS VERDES, a
California mumc1pal corporation ("City") and HOUSTON/ TYNER, a Cahfom1a Corporation
("Consultant") City and Consultant may be referred to, md1v1dually or collectively, as "Party" or
"Parties "
RECITALS
A City has sought, by issuance of a Request for Proposals, the performance of the
services defined and descnbed particularly m Article 1 of this Agreement
B Consultant, followmg subm1ss1on of a proposal for the performance of the
services defined and descnbed particularly m Article 1 of this Agreement, was selected by the
City to perform those services
C Pursuant to the City of Rancho Palos Verdes Mumc1pal Code, City has authonty
to enter mto and execute this Agreement
D The Parties des1re to formalize the selection of Consultant for performance of
those services defined and descnbed particularly m Article 1 of this Agreement and des1re that
the terms of that performance be as particularly defined and descnbed herem
OPERATIVE PROVISIONS
NOW, THEREFORE, m cons1derat1on of the mutual promises and covenants made by
the Parties and contamed herem and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows
ARTICLE 1 SERVICES OF CONSULT ANT
1 1 Scope of Services
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified m the "Scope of Services", as stated m the Proposal, attached
hereto as Exh1b1t "A" and mcorporated herem by this reference, which may be referred to herem
as the "services" or "work" hereunder As a matenal mducement to the City entenng mto this
Agreement, Consultant represents and warrants that 1t has the quahficat10ns, expenence, and
fac1lit1es necessary to properly perform the services reqmred under this Agreement ma thorough,
competent, and professional manner, and 1s expenenced m performmg the work and services
contemplated herem Consultant shall at all times faithfully, competently and to the best of its
ability, expenence and talent, perform all services descnbed herem Consultant covenants that 1t
shall follow the highest professional standards m performmg the work and services reqmred
hereunder and that all matenals will be both of good quality as well as fit for the purpose
mtended for purposes of this Agreement, the phrase "highest profess10nal standards" shall mean
01203 0001/699503 I EQG
D-3
mtended For purposes of this Agreement, the phrase "highest professional standa1ds" shall mean
those standards of practice recognized by one or more first-class firms pe1 fom1mg s1m1lar wmk
under similar circumstances
1 2 Consultant's Proposal
The Scope of Service shall mclude the Consultant's Proposal which shall be mcorporated
herem by this reference as though fully set forth herem In the event of any mcons1stency
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 mformed concemmg, and shall render all services hereunder
m accordance with, all ordmances, resolut10ns, statutes, rules, and regulations of the City and
any Federal, State or local governmental entity havmg junsd1ct10n m effect at the time service 1s
rendered
1 4 Cahforma Labor Law
If the Scope of Services mcludes any "pubhc work" or "mamtenance work," as those
terms are defined m California Labor Code section I 720 et seq and California Code of
Regulations, Title 8, Section 16000 et seq , and 1f the total compensat10n 1s $1,000 or more,
Consultant shall pay prevailmg wages for such work and comply with the reqmrements m
California Labor Code section 1770 et seq and 1810 et seq , and all other applicable laws,
mcludmg the followmg reqmrements
(a) Public Work The Parties acknowledge that some or all of the work to be
performed under this Agreement 1s a "public work" as defined m Labor Code Section 1 720 and
that this Agreement 1s therefore subject to the reqmrements of D1v1s10n 2, Part 7, Chapter 1
(commencmg with Section 1720) of the Cahfornia Labor Code relatmg to pubhc works contracts
and the rules and regulations established by the Department of Industnal Relations ("DIR")
1mplementmg such statutes The work performed under this Agreement 1s subject to compliance
momtormg and enforcement by the DIR Consultant shall post jOb site notices, as prescnbed by
regulation
(b) Preva1lmg Wages Consultant shall pay preva1lmg wages to the extent
reqmred by Labor Code Section 1771 Pursuant to Labor Code Section 1773 2, copies of the
preva1lmg rate of per diem wages are on file at City Hall and will be made ava1lable to any
mterested party on request By m1t1ating any work under this Agreement, Consultant
acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem
wages, and Consultant shall post a copy of the same at each jOb site where work 1s performed
under this Agreement
(c) Penalty for Failure to Pay Prevailmg Wages Consultant shall comply with
and be bound by the prov1s1ons of Labor Code Sections 1774 and 1775 concern mg the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages The
01203 0006/745561 I EQG 2
D-4
Consultant shall, as a penalty to the City, forfeit $200 (two hund1ed dollars) for each calendar
day, or portion thereof, for each w01ker paid less than the preva1lmg rates as detenmned by the
DIR for the work or craft m which the worker 1s 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
prov1s10ns of Labor Code Section 1776, which reqmres Consultant and each subconsultant to
keep accurate payroll records and venfy such records m wntmg under penalty of perJury, as
specified m Section 1776, certify and make such payroll records available for mspechon as
provided by Section 1776, and mform the City of the locat10n of the records
(e) Apprentices Consultant shall comply with and be bound by the prov1s10ns
of Labor Code Sections 1777 5, 1777 6, and 1777 7 and Cahfom1a Code of Regulat10ns Title 8,
Sect10n 200 et seq concemmg the employment of apprentices on public works projects
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprentJceable occupations Pnor to commencmg work under this Agreement, Consultant shall
provide City with a copy of the mformatJon submitted to any applicable apprenticeship program
W1thm 60 (sixty) days after concludmg work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a venfied statement of the Journeyman and apprentice
hours performed under this Agreement
(f) Eight-Hour Work Day Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work Consultant shall comply with and be bound by Labor Code
Section 1810
(g) Penalties for Excess Hours Consultant shall comply with and be bound by
the prov1s10ns of Labor Code Section 1813 concemmg 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 m the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day dunng which such worker is reqmred or permitted to work
more than 8 (eight) hours many one calendar day and 40 (forty) hours many one calendar week
m v10lat1on of the provisions of D1vis10n 2, Part 7, Chapter 1, Article 3 of the Labor Code
Pursuant to Labor Code section 1815, work performed by employees of Consultant m excess of 8
(eight) hours per day, and 40 (forty) hours dunng any one week shall be permitted upon pubhc
work upon compensation for all hours worked m excess of 8 hours per day at not less than one
and 1 ½ ( one and one half) times the basic rate of pay
(h) Workers' Compensation Cahforma Labor Code Sections 1860 and 3700
provide that every employer will be reqmred to secure the payment of compensation to its
employees 1f 1t has employees In accordance with the prov1s1ons of Cahfom1a Labor Code
Section 1861, Consultant certifies as follows
"I am aware of the prov1s1ons of Section 3700 of the Labor Code which reqmre
every employer to be msured agamst hab1hty for workers' compensat10n or to
undertake self-msurance m accordance with the prov1s1ons of that code, and I will
comply with such prov1s1ons before commencmg the performance of the work of
this contract "
01203 0006n45561 I EQG 3
D-5
Consultant's Authonzed Imt1als ----
(1) Consultant's Respons1b1hty for Subcontractors For every subcontractor
who will perform work under this Agreement, Consultant shall be responsible for such
subcontractor's compliance with D1v1s1on 2, Part 7, Chapter 1 (commencmg with Section 1720)
of the Cahfomia Labor Code, and shall make such compliance a reqmrement m any contract
with any subcontractor for work under this Agreement Consultant shall be reqmred to take all
actions necessary to enforce such contractual prov1s1ons and ensure subcontractor's compliance,
mcludmg without lim1tat10n, conductmg a review of the certified payroll records of the
subcontractor on a penod1c basis or upon becommg aware of the failure of the subcontractor to
pay his or her workers the specified prevailmg rate of wages Consultant shall d1hgently take
corrective act10n to halt or rectify any such failure by any subcontractor
1 5 Licenses, Permits, Fees and Assessments
Consultant shall obtam at its sole cost and expense such licenses, permits and approvals
as may be reqmred by law for the performance of the services reqmred by this Agreement
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and mterest, which may be imposed by law and anse from or are necessary
for the Consultant's performance of the services reqmred by this Agreement, and shall
mdemmfy, defend and hold harmless City, its officers, employees or agents of City, agamst any
such fees, assessments, taxes, penalties or mterest levied, assessed or imposed agamst City
hereunder
1.6 Fam1hanty with Work.
By executmg this Agreement, Consultant warrants that Consultant (1) has thoroughly
mvest1gated and considered the scope of services to be performed, (11) has carefully considered
how the services should be performed, and (111) fully understands the facilities, d1fficult1es and
restnct1ons attendmg performance of the services under this Agreement If the services mvolve
work upon any site, Consultant warrants that Consultant has or will mvestigate the site and is or
will be fully acquamted with the conditions there existmg, pnor to commencement of services
hereunder Should the Consultant discover any latent or unknown conditions, which will
matenally affect the performance of the services hereunder, Consultant shall immediately mform
the City of such fact and shall not proceed except at Consultant's nsk until wntten mstructlons
are received from the Contract Officer m the form of a Change Order
1.7 Care of Work.
The Consultant shall adopt reasonable methods durmg the life of the Agreement to
furnish contmuous protection to the work, and the eqmpment, matenals, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence
01203 0006/745561 1 EQG 4
D-6
1 8 Further Respons1b1ht1es of Parties.
Both parties agree to use reasonable care and diligence to perform thelf respective
obhgatlons under this Agreement Both parties agree to act m good faith to execute all
mstruments, prepare all documents and take all act10ns as may be reasonably necessary to carry
out the purposes of this Agreement Unless hereafter specified, neither party shall be responsible
for the service of the other
1.9 Add1tional Services.
City shall have the nght at any time durmg the performance of the services, without
mvahdatmg this Agreement, to order extra work beyond that specified m the Scope of Services
or make changes by altermg, addmg to or deductmg from said work No such extra work may be
undertaken unless a wntten Change Order 1s first given by the Contract Officer to the Consultant,
mcorporatmg therem any adjustment m (1) the Contract Sum for the actual costs of the extra
work, and/or (11) the time to perform this Agreement, which said adjustments are subject to the
wntten approval of the Consultant Any mcrease m compensation ofup to 15% (fifteen percent)
of the Contract Sum, or, m the time to perform ofup to 90 (nmety) days, may be approved by the
Contract Officer through a wntten Change Order Any greater mcreases, taken either separately
or cumulatively, must be approved by the City Council It 1s expressly understood by Consultant
that the prov1s1ons of this Section shall not apply to services specifically set forth m the Scope of
Services Consultant hereby acknowledges that 1t accepts the nsk that the services to be provided
pursuant to the Scope of Services may be more costly or time consummg than Consultant
anticipates and that Consultant shall not be entitled to add1t1onal compensation therefor City
may m its sole and absolute d1scret1on have s1m1lar work done by other Consultants No claims
for an mcrease m the Contract Sum or time for performance shall be vahd unless the procedures
established m this Section are followed
If m the performance of the contract scope, the Consultant becomes aware of matenal defects m
the scope, duration or span of the contract or the Consultant becomes aware of extenuatmg
circurnstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall mform the Contractmg Officer of an ant1c1pated Change Order This proposed
change order will stipulate, the facts surroundmg the issue, proposed solut10ns, proposed costs
and proposed schedule impacts
1.10 Special Regmrements.
Add1t1onal terms and cond1t10ns of this Agreement, 1f any, which are made a part hereof
are set forth m the "Special Reqmrements" attached hereto as Exh1b1t "B" and mcorporated
herem by this reference In the event of a conflict between the prov1s1ons of Exh1b1t "B" and any
other prov1s1ons of this Agreement, the prov1s1ons of Exh1b1t "B" shall govern
01203 0006/745561 I EQG 5
D-7
ARTICLE 2 COMPENSATION AND METHOD OF PAYMENT.
2 1 Contract Sum.
Subject to any hm1tat1ons set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exh1b1t "C" and
incorporated herein by this reference The total compensat10n, including reimbursement for
actual expenses, shall not exceed $30,600 (Thirty Thousand, Six Hundred Dollars) (the
"Contract Sum"), unless additional compensation 1s approved pursuant to Section I 9
22 Method of Compensation
The method of compensation may include (1) a lump sum payment upon complet10n, (n)
payment in accordance with specified tasks or the percentage of complet10n of the services, (111)
payment for time and matenals based upon the Consultant's rates as specified in the Schedule of
Compensat10n, provided that (a) time estimates are provided for the performance of sub tasks,
and (b) the Contract Sum is not exceeded, or (iv) such other methods as may be specified in the
Schedule of Compensation
2 3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4 5,
and only if specified in the Schedule of Compensation The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City
Coordinat10n of the performance of the work with City 1s a cnt1cal component of the services If
Consultant 1s reqmred to attend add1t10nal 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 furmsh to City an onginal 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 D1rector of Finance By submitting an inv01ce for
payment under this Agreement, Consultant 1s certifying compliance with all prov1s10ns of the
Agreement The inv01ce shall detail charges for all necessary and actual expenses by the
following categones labor (by sub-category), travel, matenals, eqmpment, supplies, and sub-
contractor contracts Sub-contractor charges shall also be detailed by such categones Consultant
shall not inv01ce City for any duplicate services performed by more than one person
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the prov1s1ons 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
01203 0006/745561 1 EQG 6
D-8
procedures, the City cannot guarantee that payment will occur w1thm this time penod In the
event any charges or expenses are disputed by City, the ongmal mv01ce shall be returned by City
to Consultant for correction and resubm1ss10n Review and payment by City for any mvo1ce
provided by the Consultant shall not constitute a waiver of any nghts or remedies provided
herem 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 m work performed by Consultant
ARTICLE 3 PERFORMANCE SCHEDULE
3 1 Time of Essence
Time 1s of the essence m the performance ofth1s Agreement
3 2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
wntten notice to proceed and shall perform all services withm the time penod(s) estabhshed m
the "Schedule of Performance" attached hereto as Exh1b1t "D" and mcorporated herem by this
reference When requested by the Consultant, extensions to the time penod(s) specified m the
Schedule of Performance may be approved m wntmg by the Contract Officer through a Change
Order, but not exceedmg 90 (nmety) days cumulatively
33 Force Ma1eure.
The time penod(s) specified m 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 neghgence of the Consultant,
mcludmg, but not restncted to, acts of God or of the pubhc enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantme restrictions, nots, stnkes, freight embargoes,
wars, httgation, and/or acts of any governmental agency, mcludmg the City, 1f the Consultant
shall w1thm 10 (ten) days of the commencement of such delay notify the Contract Officer m
wntmg of the causes of the delay The Contract Officer shall ascertam the facts and the extent of
delay, and extend the time for performmg the services for the penod of the enforced delay when
and 1f m the Judgment of the Contract Officer such delay 1s Justified The Contract Officer's
determmat1on shall be final and conclusive upon the parties to this Agreement In no event shall
Consultant be entitled to recover damages agamst the City for any delay m the performance of
this Agreement, however caused, Consultant's sole remedy bemg extension of the Agreement
pursuant to this Section
3.4 Term
Unless earher term mated m accordance with Article 7 of this Agreement, this Agreement
shall continue m full force and effect until completion of the services but not exceedmg 180
01203 0006/745561 I EQG 7
D-9
calenda1 days from the date hereof, except as otherwise provided m the Schedule of Performance
(Exh1b1t "D") The City may, m its discretion, extend the Term by 90 calendar days
ARTICLE 4. COORDINATION OF WORK
4 1 Representatives and Personnel of Consultant
The followmg pnnc1pals of Consultant ("Pnnc1pals") are hereby designated as bemg the
prmcipals and representatives of Consultant authonzed to act m its behalf with respect to the
work specified herem and make all decisions m connection therewith
Wilham H Wickett, IV President
(Name) (Title)
c:::. F ~
(Name) (Title)
It 1s expressly understood that the expenence, knowledge, capab1hty and reputation of the
foregomg pnnc1pals were a substantial mducement for City to enter mto this Agreement
Therefore, the foregomg pnnc1pals shall be responsible durmg the term of this Agreement for
duectmg all act1v1t1es of Consultant and devotmg sufficient time to personally supervise the
services hereunder All personnel of Consultant, and any authonzed agents, shall at all times be
under the exclusive direction and control of the Pnncipals For purposes of this Agreement, the
foregomg Pnnc1pals may not be replaced nor may theu responsib1ht1es be substantially reduced
by Consultant without the express wntten approval of City Addit10nally, Consultant shall utilize
only the personnel mcluded m the Proposal to perform services pursuant to this Agreement
Consultant shall make every reasonable effort to mamtam the stab1hty and contmmty of
Consultant's staff and subcontractors, if any, assigned to perform the services reqmred under this
Agreement Consultant shall notify City of any changes m Consultant's staff and subcontractors,
if any, assigned to perform the services reqmred under this Agreement, pnor to and durmg any
such performance City shall have the nght to approve or reJect any proposed replacement
personnel, which approval shall not be unreasonably withheld
4 2 Status of Consultant
Consultant shall have no authonty to bmd City m any manner, or to mcur any obhgat1on,
debt or hab1hty of any kmd on behalf of or agamst City, whether by contract or otherwise, unless
such authonty 1s expressly conferred under this Agreement or 1s otherwise expressly conferred m
wntmg by City Consultant shall not at any time or m any manner represent that Consultant or
any of Consultant's officers, employees, or agents are m any manner officials, officers,
employees or agents of City Neither Consultant, nor any of Consultant's officers, employees or
agents, shall obtam any nghts 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 nghts
01203 0006/745561 I EQG 8
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4 3 Contract Officer
The Contract Officer shall be Ramz1 A wwad, or such person as may be designated by the
Director of Public Works It shall be the Consultant's respons1b1hty to assure that the Contract
Office1 1s kept informed of the progress of the performance of the services and the Consultant
shall refer any dec1s10ns which must be made by City to the Contract Officer Unless otherwise
specified herein, any approval of City reqmred hereunder shall mean the approval of the Contract
Officer The Contract Officer shall have authonty, 1f specified in wnting by the City Manager, to
sign all documents on behalf of the City reqmred 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 reqmred herein,
except as otherwise set forth herein City shall have no v01ce in the selection, discharge,
superv1s1on 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 reqmred
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obhgat1ons as are consistent with that role Consultant
shall not at any time or in any manner represent that 1t 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
Jomt enterpnse with Consultant
45 Proh1b1tion Agamst Subcontracting or Assignment.
The expenence, knowledge, capabihty and reputat10n of Consultant, tts pnnctpals and
employees were a substantial mducement 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
reqmred hereunder without the express wntten approval of the Ctty, all subcontractors included
in the Proposal are deemed approved In addttton, neither this Agreement nor any interest herem
may be transferred, assigned, conveyed, hypothecated or encumbered voluntanly or by operation
of law, whether for the benefit of creditors or otherwise, without the pnor wntten approval of
City Transfers restncted hereunder shall mclude the transfer to any person or group of persons
actmg m concert of more 25% (twenty five percent) of the present ownership and/or control of
Consultant, takmg all transfers into account on a cumulative basis In the event of any such
unapproved transfer, mcluding any bankruptcy proceeding, this Agreement shall be v01d No
approved transfer shall release the Consultant or any surety of Consultant of any hab1hty
hereunder without the express consent of City
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5 1 Insurance Coverages
Without hmttmg Consultant's mdemmficat1on of City, and pnor to commencement of
any services under this Agreement, Consultant shall obtam, provide and mamtain at its own
01203 0006/745561 I EQG 9
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expense dunng the term of this Agreement, policies of msurance of the type and amounts
descnbed below and in a form satisfactory to City
(a) General habihty msurance Consultant shall maintain commercial general
hab1hty insurance with coverage at least as broad as Insurance Services Office form CG 00 0 I,
m an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
inJury, personal mJury, and property damage The pohcy must mclude contractual hab1hty that
has not been amended Any endorsement restnctmg standard ISO "insured contract" language
will not be accepted
(b) Automobile hab1hty msurance Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 0 I covermg bodily mJury
and property damage for all activities of the Consultant ansing out of or in connect10n 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 smgle hmit for each
accident
(c) Profess10nal habihty {errors & om1ss10ns) insurance Consultant shall
maintain professional habihty 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
pohcy mceptlon date, contmu1ty date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to mamtain continuous coverage through a penod no less than
three (3) years after completion of the services reqmred 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 msureds
under its pohc1es or shall funnsh separate certificates and certified endorsements for each
subcontractor All coverages for subcontractors shall include all of the reqmrements stated
herem
(f) Additional Insurance Pohc1es of such other insurance, as may be reqmred
m the Special Reqmrements in Exhibit "B"
52 General Insurance Regmrements
(a) Proof of msurance Consultant shall provide certificates of msurance to
City as evidence of the msurance coverage reqmred herem, along with a waiver of subrogation
endorsement for workers' compensation Insurance certificates and endorsements must be
approved by City's Risk Manager pnor to commencement of performance Current cert1ficat1on
of msurance shall be kept on file with City at all times durmg the term of this Agreement City
reserves the nght to reqmre complete, certified copies of all reqmred msurance pohc1es, at any
time
01203 0006/745561 I EQG 10
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(b) Duration of coverage Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for inJunes to persons or damages to
property, which may anse from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants
(c) Pnmary/noncontnbuting Coverage provided by Consultant shall be
pnmary and any insurance or self-insurance procured or maintained by City shall not be reqmred
to contnbute with 1t The hm1ts of insurance reqmred herein may be satisfied by a combination
of pnmary and umbrella or excess insurance Any umbrella or excess insurance shall contain or
be endorsed to contain a prov1s1on that such coverage shall also apply on a pnmary and non-
contnbutory basis for the benefit of City before the City's own msurance or self-insurance shall
be called upon to protect It as a named insured
(d) City's nghts of enforcement In the event any pohcy of insurance reqmred
under this Agreement does not comply with these specifications or 1s canceled and not replaced,
City has the nght but not the duty to obtain and continuously maintain the insurance 1t deems
necessary and any premmm paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premmm from Consultant payments In the alternative, City
may cancel this Agreement
( e) Acceptable insurers All insurance pohc1es shall be issued by an insurance
company currently authonzed by the Insurance Comm1ss10ner to transact business of insurance
or that 1s 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 ed1t10n of Best's Key Rating Gmde, 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 spec1ficat1ons to
waive their nght of recovery pnor to a loss Consultant hereby waives its own nght of recovery
against City, and shall reqmre s1m1lar wntten express waivers and insurance clauses from each of
its subconsultants
(g) Enforcement of contract prov1s1ons (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 reqmrement imposes no add1t1onal obltgat1ons on the
City nor does 1t waive any nghts hereunder
(h) Regmrements not ltm1ting Reqmrements of specific coverage features or
ltm1ts contained in this section are not intended as a ltm1tat1on on coverage, ltm1ts or other
requITements, or a waiver of any coverage normally provided by any insurance Specific
reference to a given coverage feature 1s for purposes of clanficat10n only as 1t pertains to a given
issue and 1s 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 hm1ts than the minimums
shown above, the City requITes and shall be entitled to coverage for the higher hm1ts maintained
01203 0006/745561 I EQG I I
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by the Consultant Any available insurance proceeds in excess of the specified minimum hm1ts
of insurance and coverage shall be available to the City
(1) Notice of cancellat10n Consultant agrees to obhge its insurance agent or
broker and insurers to provide to City with a 30 (thirty) day notice of cancellat10n (except for
nonpayment for which a IO (ten) day notice 1s reqmred) or nonrenewal of coverage for each
reqmred coverage
(J) Additional insured status General hab1hty pohc1es 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 hab1hty policies
(k) Proh1b1t1on of undisclosed coverage hm1tatlons None of the coverages
reqmred herein will be in compliance with these reqmrements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in wnting
(I) Separation of insureds A severab1hty of interests provision must apply for
all additional insureds ensunng that Consultant's insurance shall apply separately to each insured
against whom claim 1s made or smt 1s brought, except with respect to the insurer's hm1ts of
hab1hty The pohcy(1es) shall not contain any cross-hab1hty exclusions
(m) Pass through clause Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who 1s brought onto or involved in
the project by Consultant, provide the same m1mmum insurance coverage and endorsements
reqmred of Consultant Consultant agrees to momtor and review all such coverage and assumes
all respons1b1hty for ensunng that such coverage 1s provided in conformity with the reqmrements
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 nght to revise specifications The City reserves the nght at any
time during the term of the contract to change the amounts and types of msurance reqmred by
g1vmg the Consultant 90 (nmety) days advance wntten notice of such change If such change
results m substantial add1t10nal cost to the Consultant, the City and Consultant may renegotiate
Consultant's compensation
(o) Self-msured retentions Any self-msured retentions must be declared to
and approved by City City reserves the nght to reqmre that self-msured retentions be ehminated,
lowered, or replaced by a deductible Self-insurance will not be considered to comply with these
spec1ficat1ons unless approved by City
(p) Timely notice of claims Consultant shall give City prompt and timely
notice of claims made or smts instituted that anse out of or result from Consultant's performance
under this Agreement, and that involve or may mvolve coverage under any of the reqmred
hab1hty policies
01203 0006/745561 I CQG 12
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(q) Additional msurance Consultant shall also procure and mamtam, at its
own cost and expense, any additional kmds of msurance, which m its own Judgment may be
necessary for its proper protection and prosecution of the work
5 3 Indemmficatlon
To the full extent permitted by law, Consultant agrees to mdemmfy, defend and hold
harmless the City, its officers, employees and agents ("Indemmfied Parties") agamst, and will
hold and save them and each of them harmless from, any and all actions, either JUd1c1al,
adm1mstrahve, arb1trat10n or regulatory claims, damages to persons or property, losses, costs,
penalties, obligat10ns, errors, om1ss1ons or liab1lit1es whether actual or threatened (herem "claims
or liab1lit1es") that may be asserted or claimed by any person, firm or entity ansmg out of or m
connection with the negligent performance of the work, operations or actlv1t1es provided herem
of Consultant, its officers, employees, agents, subcontractors, or mv1tees, or any md1v1dual or
entity for which Consultant 1s legally liable ("mdemmtors"), or ansmg from Consultant's or
mdemmtors' reckless or willful misconduct, or ansmg from Consultant's or mdemmtors'
negligent performance of or failure to perform any term, prov1s1on, covenant or condition of this
Agreement, and m connection therewith
(a) Consultant will d~fend any action or actions filed m connection with any
of said claims or liab1lit1es and will pay all costs and expenses, mcludmg legal costs and
attorneys' fees mcurred m connection therewith,
(b) Consultant will promptly pay any Judgment rendered agamst the City, its
officers, agents or employees for any such claims or liab1lit1es ansmg out of or m connection
with the negligent performance of or failure to perform such work, operations or act1v1t1es of
Consultant hereunder, and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom,
(c) In the event the City, its officers, agents or employees 1s made a party to
any action or proceedmg filed or prosecuted agamst Consultant for such damages or other claims
ansmg out of or m connection with the negligent performance of or failure to perform the work,
operation or act1v1t1es of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses mcurred by the City, its officers, agents or
employees m such act10n or proceedmg, mcludmg but not hm1ted to, legal costs and attorneys'
fees
Consultant shall mcorporate s1m1lar mdemmty agreements with ,ts subcontractors and 1f
1t fails to do so Consultant shall be fully responsible to mdemmfy City hereunder therefore, and
fallure of City to momtor compliance with these prov1s1ons shall not be a waiver hereof This
mdemmficat10n mcludes claims or hab1hties ansmg from any negligent or wrongful act, error or
om1ss1on, or reckless or willful misconduct of Consultant m the performance of professional
services hereunder The prov1s1ons of this Sect10n do not apply to claims or hab1lit1es occumng
as a result of City's sole negligence or willful acts or om1ss1ons, but, to the fullest extent
permitted by law, shall apply to cla11ns and hab1lit1es resulting m part from City's negligence,
except that design professionals' mdemmty hereunder shall be limited to claims and liab1ht1es
ansmg out of the negligence, recklessness or willful misconduct of the design professional The
01203 0006/745561 I EQG 13
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mdemmty obhgat1on shall be bmdmg on successors and assigns of Consultant and shall survive
termmat1on of this Agreement
ARTICLE 6 RECORDS, REPORTS, AND RELEASE OF INFORMATION
61 Records
Consultant shall keep, and reqmre subcontractors to keep, such ledgers, books of
accounts, mv01ces, vouchers, canceled checks, reports, studies or other documents relatmg to the
disbursements charged to City and services perfonned hereunder (the "books and records"), as
shall be necessary to perfonn the services reqmred by this Agreement and enable the Contract
Officer to evaluate the performance of such services Any and all such documents shall be
mamtamed m accordance with generally accepted accountmg pnnc1ples and shall be complete
and detailed The Contract Officer shall have full and free access to such books and records at all
times durmg normal busmess hours of City, mcludmg the nght to mspect, copy, audit and make
records and transcnpts from such records Such records shall be mamtamed for a penod of three
(3) years followmg completion of the services hereunder, and the City shall have access to such
records m the event any audit 1s reqmred In the event of d1ssolut1on of Consultant's busmess,
custody of the books and records may be given to City, and access shall be provided by
Consultant's successor m mterest Notw1thstandmg the above, the Consultant shall fully
cooperate with the City m prov1dmg access to the books and records 1f a pubhc records request 1s
made and disclosure 1s reqmred by law mcludmg but not hm1ted to the Cahfom1a Pubhc Records
Act
6.2 Reports.
Consultant shall penod1cally prepare and submit to the Contract Officer such reports
concemmg the performance of the services reqmred by this Agreement as the Contract Officer
shall reqmre Consultant hereby acknowledges that the City 1s greatly concerned about the cost
of work and services to be performed pursuant to this Agreement For this reason, Consultant
agrees that 1f Consultant becomes aware of any facts, circumstances, techmques, or events that
may or will matenally mcrease or decrease the cost of the work or services contemplated herem
or, 1f Consultant 1s prov1dmg design services, the cost of the project bemg designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, techmque or event and the
estimated mcreased or decreased cost related thereto and, 1f Consultant 1s prov1dmg design
services, the estimated mcreased or decreased cost estimate for the project bemg designed
6.3 Ownershm of Documents.
All drawings, spec1ficat1ons, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other matenals (the "documents and matenals")
prepared by Consultant, its employees, subcontractors and agents m 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 termmat1on of this Agreement, and Consultant shall have no claim
for further employment or add1t10nal compensation as a result of the exercise by City of its full
nghts of ownership use, reuse, or assignment of the documents and materials hereunder Any
use, reuse or assignment of such completed documents for other projects and/or use of
01203 0006/745561 I EQG 14
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uncompleted documents without specific wntten authonzat1on by the Consultant will be at the
City's sole nsk and without hab1hty to Consultant, and Consultant's guarantee and warranties
shall not extend to such use, reuse or assignment Consultant may retam copies of such
documents for its own use Consultant shall have the nght to use the concepts embodied therem
All subcontractors shall provide for assignment to City of any documents or matenals ptepared
by them, and m the event Consultant fails to secure such assignment, Consultant shall mdemmfy
Ctty for all damages resultmg therefrom Moreover, Consultant with respect to any documents
and matenals that may qualify as "works made for hire" as defined m 17 U S C § IO I, such
documents and matenals are hereby deemed "works made for hire" for the City
6.4 ConfidentJahty and Release of Information.
(a) All information gamed or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such mformauon 1s m the
public domam or already known to Consultant Consultant shall not release or disclose any such
information or work product to persons or entitles other than City without pnor wntten
authonzat10n from the Contract Officer
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without pnor wntten authonzat10n from the Contract Officer or unless requested by the City
Attorney, voluntanly provide documents, declarations, letters of support, testimony at
depos1hons, response to mterrogatones 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 mformahon or work product m v10lat1on of this Agreement, then City
shall have the nght to reimbursement and mdemmty from Consultant for any damages, costs and
fees, mcluding attorney's fees, caused by or mcurred 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, complamt, subpoena, notice
of depos1t1on, request for documents, interrogatones, request for adm1ss10ns or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under City retams the nght, but has no obhgat1on, to represent Consultant or be
present at any depos1t10n, heanng or s1mtlar proceedmg Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant However, this nght to review any such response does not imply or mean
the nght by City to control, direct, or rewnte said response
ARTICLE 7 ENFORCEMENT OF AGREEMENT AND TERMINATION
7 1 Califorma Law.
This Agreement shall be mterpreted, construed and governed both as to vahd1ty and to
performance of the parties m accordance with the laws of the State of California Legal actions
concerning any dispute, claim or matter ansmg out of or m relation to this Agreement shall be
01203 0006/745561 1 EQG 15
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instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
JUrisd1ct10n of such court in the event of such action In the event of ht1gat1on in a U S District
Court, venue shall he exclusively in the Central District of Cahforn1a, in the County of Los
Angeles, State of California
7 2 Disputes, Default.
In the event that Consultant 1s in default under the terms of this Agreement, the City shall
not have any obhgat1on 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 tlmeframe in which Consultant may cure the
default This timeframe 1s 15 (fifteen) days, but may be extended, though not reduced, 1f
c1rcumstances warrant During the period of time that Consultant ts in default, the City shall hold
all invoices and shall, when the default 1s cured, proceed with payment on the invmces In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invmces 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 prov1s10n of this Agreement
7 3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arismg out of this Agreement) (1) any amounts the payment of which may be m
dispute hereunder or which are necessary to compensate City for any losses, costs, hab1ht1es, or
damages suffered by City, and (n) all amounts for which City may be hable to th1rd parties, by
reason of Consultant's acts or om1ss1ons m performmg or failing to perform Consultant's
obligation under this Agreement In the event that any claim 1s made by a th1rd party, the amount
or vahd1ty of which 1s disputed by Consultant, or any mdebtedness shall exist which shall appear
to be the basts for a claim of hen, City may withhold from any payment due, without hab1hty 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 obhgat1ons of
the Consultant to msure, mdemmfy, and protect City as elsewhere provided herem
7.4 Waiver.
Waiver by any party to this Agreement of any term, cond1t1on, or covenant of this
Agreement shall not constitute a waiver of any other term, cond1t1on, or covenant Waiver by any
party of any breach of the prov1s1ons of this Agreement shall not constitute a waiver of any other
prov1s1on or a waiver of any subsequent breach or v10lat1on of any prov1s1on of this Agreement
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the prov1s1ons of this Agreement No delay or om1ss1on m the exercise of any right or remedy by
a non-defaultmg party on any default shall 1mpair such right or remedy or be construed as a
waiver Any waiver by either party of any default must be m writmg and shall not be a waiver of
any other default concern mg the same or any other prov1s1on of this Agreement
01203 0006/745561 I EQG 16
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75 Rights and Remedies are Cumulative
Except with respect to nghts and remedies expressly declared to be exclusive m this
Agreement, the nghts and remedies of the parties are cumulative and the exercise by either party
of one or more of such nghts or remedies shall not preclude the exercise by 1t, at the same or
different times, of any other nghts or remedies for the same default or any other default by the
other party
76 Legal Action.
In add11Ion to any other nghts or remedies, either party may take legal act10n, m law or m
eqmty, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtam declaratory or mJunctlve rehef, or to obtam
any other remedy consistent with the purposes of this Agreement Notw1thstandmg any contrary
prov1s1on herem, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq and 910 et seq , m order to pursue a legal action under this Agreement
7 7 Termmation Pnor to Exp1ration of Term.
This Section shall govern any termmatlon of this Contract except as specifically provided
m the followmg Section for termmatlon for cause The City reserves the nght to termmate this
Contract at any time, with or without cause, upon thirty (30) days' wntten notice to Consultant,
except that where termmat1on 1s due to the fault of the Consultant, the penod of notice may be
such shorter time as may be determmed by the Contract Officer Upon receipt of any notice of
termmatlon, Consultant shall 1mmed1ately cease all services hereunder except such as may be
specifically approved by the Contract Officer Consultant shall be entitled to compensation for
all services rendered pnor to the effective date of the notice of termmat1on and for any services
authonzed by the Contract Officer thereafter m accordance with the Schedule of Compensation
or such as may be approved by the Contract Officer, except as provided m Section 7 3 In the
event of termmat10n without cause pursuant to this Section, the City need not provide the
Consultant with the opportumty to cure pursuant to Section 7 2
7.8 TermmatJon for Default of Party.
If termmat10n 1s due to the failure of the other Party to fulfill its obhgat1ons under this
Agreement
(a) City may, after compliance with the prov1s1ons 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 reqmred hereunder exceeds the
compensation herem stipulated (provided that the City shall use reasonable efforts to m1t1gate
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 prov1s1ons of Section 7 2, termmate the
Agreement upon wntten notice to the City's Contract Officer Consultant shall be entitled to
payment for all work performed up to the date oftermmat1on
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7 9 Attorneys' Fees
If either party to this Agreement 1s required to m1tlate or defend or made a party to any
act10n or proceedmg m any way connected with this Agreement, the preva1lmg party m such
action or proceedmg, m add1t1on to any other relief which may be granted, whether legal or
eqmtable, shall be entitled to reasonable attorney's fees Attorney's fees shall mclude attorney's
fees on any appeal, and m addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for mvestigatmg such act10n, takmg depos1t1ons and discovery and all other
necessary costs the court allows which are mcurred m such htigat10n All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action 1s prosecuted to Judgment
ARTICLE 8 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-hab1hty of City Officers and Employees.
No officer or employee of the City shall be personally hable to the Consultant, or any
successor m mterest, m 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 obhgat1on of the
terms of this Agreement
8.2 Conflict of Interest
Consultant covenants that neither 1t, nor any officer or prmc1pal of its firm, has or shall
acquire any mterest, directly or md1rectly, which would conflict many manner with the mterests
of City or which would m any way hmder Consultant's performance of services under this
Agreement Consultant further covenants that m the performance of this Agreement, no person
havmg any such mterest shall be employed by 1t as an officer, employee, agent or subcontractor
without the express wntten consent of the Contract Officer Consultant agrees to at all times
avoid conflicts of mterest or the appearance of any conflicts of mterest with the mterests of City
m the performance of this Agreement
No officer or employee of the City shall have any financial mterest, d1rect or md1rect, m
this Agreement nor shall any such officer or employee participate m any decision relatmg to the
Agreement which affects her/his financial mterest or the financial mterest of any corporation,
partnership or association m which (s)he 1s, d1rectly or md1rectly, mterested, m v10latlon of any
State statute or regulation The Consultant warrants that 1t has not paid or given and will not pay
or give any third party any money or other cons1derat1on for obtammg this Agreement
8.3 Covenant Agamst D1scrimmation.
Consultant covenants that, by and for itself, its he1rs, executors, assigns, and all persons
cla1mmg under or through them, that there shall be no d1scnmmat1on agamst or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
onentat1on, manta! status, national ongm, ancestry or other protected class m the performance of
this Agreement Consultant shall take affirmative action to msure that applicants are employed
and that employees are treated dunng employment without regard to the1r race, color, creed,
01203 0006174~561 1 EQG 18
D-20
religion, sex, gender, sexual onentatlon, manta! status, nat10nal ongin, ancestry or other
protected class
8 4 Unauthonzed Ahens.
Consultant hereby promises and agrees to comply with all of the prov1s1ons of the Federal
Imm1grat10n and Nat10nality Act, 8 USC § 1101 et seq, as amended, and in connection
therewith, shall not employ unauthonzed aliens as defined therein Should Consultant so employ
such unauthonzed aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed agamst City for such use of
unauthonzed aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liab1lit1es or sanctions imposed, together with any and all costs, mcluding attorneys' fees,
incurred by City
ARTICLE 9. MISCELLANEOUS PROVISIONS
91 Nonces
Any notice, demand, request, document, consent, approval, or commumcat1on either
party desires or 1s reqmred to give to the other party or any other person shall be m wntmg and
either served personally or sent by prepaid, first-class mail, m the case of the City, to the City
Manager and to the attent10n of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd, Rancho Palos Verdes, California 90275 and m
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 notifymg the other party of the change of
address m wntmg Notice shall be deemed cornrnumcated at the time personally delivered or in
72 (seventy two) hours from the time ofmailmg 1f mailed as provided in this section
92 Interpretation
The terms of this Agreement shall be construed m accordance with the meaning of the
language used and shall not be construed for or agamst either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply
93 Counterparts.
This Agreement may be executed m counterparts, each of which shall be deemed to be an
ongmal, and such counterparts shall constitute one and the same mstrument
9.4 Integration, Amendment.
This Agreement mcludmg the attachments hereto 1s the entire, complete and exclusive
expression of the understandmg of the parties It 1s understood that there are no oral agreements
between the parties hereto affectmg this Agreement and this Agreement supersedes and cancels
any and all previous negot1at1ons, arrangements, agreements and understandings, 1f any, between
the parties, and none shall be used to mterpret this Agreement No amendment to or mod1ficat1on
of this Agreement shall be valid unless made m wntmg and approved by the Consultant and by
01203 0006/745561 I EQG 19
D-21
the City Council The parties agree that this reqmrement f01 wntten mod1ficat1ons cannot be
waived and that any attempted waiver shall be v01d
95 Severab1hty.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contamed m this Agreement shall be declared mvahd or unenforceable by a vahd
Judgment or decree of a court of competent JUnsd1ct1on, such mvahd1ty or unenforceab1hty shall
not affect any of the remammg phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be mterpreted to carry out the mtent
of the parties hereunder unless the mvahd prov1s1on 1s so matenal that its mvahd1ty depnves
either party of the basic benefit of their bargam or renders this Agreement meanmgless
96 Warranty & Representation of Non-Collus1on
No official, officer, or employee of City has any financial mterest, dtrect or mdirect, m
this Agreement, nor shall any official, officer, or employee of City part1c1pate m any dec1s10n
relatmg to this Agreement which may affect his/her financial mterest or the financial mterest of
any corporation, partnership, or assoc1at1on m which (s)he 1s dtrectly or mdtrectly mterested, or
m v10latlon of any corporation, partnership, or associat10n m which (s)he 1s dtrectly or mdtrectly
mterested, or m v10lat1on of any State or mumc1pal statute or regulation The determmatlon of
"financial mterest" shall be consistent with State law and shall not mclude mterests found to be
"remote" or "nonmterests" pursuant to Government Code Sections 1091 or 1091 5 Consultant
warrants and represents that 1t has not paid or given, and will not pay or give, to any thtrd party
mcludmg, but not hm1ted to, any City official, officer, or employee, any money, cons1derat1on,
or other thmg of value as a result or consequence of obtammg or bemg awarded any agreement
Consultant further warrants and represents that (s)he/Jt has not engaged m any act(s),
om1ss10n(s), or other conduct or collusion that would result m the payment of any money,
cons1derat1on, or other thmg of value to any third party mcludmg, but not hm1ted to, any City
official, officer, or employee, as a result of consequence of obtammg or bemg awarded any
agreement Consultant 1s aware of and understands that any such act(s), om1ss10n(s) or other
conduct resultmg m such payment of money, cons1derat10n, or other thmg of value will render
this Agreement v01d and of no force or effect
Consultant's Authonzed Imtials VtH\)
9.7 Corporate Authority.
The persons executmg this Agreement on behalf of the parties hereto warrant that (1) such
party 1s duly orgamzed and ex1stmg, (11) they are duly authonzed to execute and deliver this
Agreement on behalf of said party, (111) by so executmg this Agreement, such party 1s formally
bound to the prov1s1ons of this Agreement, and (1v) that entermg mto this Agreement does not
violate any prov1s1on of any other Agreement to which said party 1s bound This Agreement shall
be bmdmg upon the heirs, executors, admm1strators, successors and assigns of the parties
[SIGN A TURES ON FOLLOWING PAGE]
01203 0006/745561 I EQG 20
D-22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above wntten
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Wilham W Wynder, City Attorney
CITY
CITY OF RANCHO PALOS VERDES, a
mumc1pal corporation
En~~.~
CONSULT ANT.
HOUSTON/ TYNER
Address 2630 Sepulveda Boulevard
Torrance, Cahfom1a 90505
Two corporate officer signatures reqmred when Consultant 1s a corporation, with one signature reqmred
from each of the following groups 1) Chairman of the Board, President or any Vice President, and 2)
Secretary, any Assistant Secretary, Ch1efFmanc1al 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 CONSULT ANT'S BUSINESS ENTITY
01203 0006n45561 I EQG 21
D-23
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the 1dent1ty of the ind1v1dual
who signed the document to which this certificate 1s
attached, and not the truthfulness, accuracy, or
vahd1tv of that document
State of California
County of Los Angeles
on October 25th, 2021 before me, Sana Younis, Notary Public
(insert name and title of the officer)
personally appeared Wilham H Wickett
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capac1ty(1es), and that by his/her/their s1gnature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph 1s true and correct
WITNESS my hand and official seal
(Seal)
D-24
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the 1dent1ty of the md1v1dual
who signed the document to which this certificate 1s
attached, and not the truthfulness, accuracy, or
vahd1tv of that document
State of California
County of Los Angeles
on October 26th, 2021 before me, Sana Younis, Notary Pubhc
(insert name and title of the officer)
personally appeared _G_a_ry_H_o_u_s_t_on ____________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same m
h1s/her/the1r authorized capac1ty(1es), and that by his/her/their s1gnature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument
I certify under PENAL TY OF PERJURY under the laws of the State of Cahforma that the foregoing
paragraph 1s true and correct
WITNESS my hand and official seal
Sign~
1············1 , o, , SANA YOUNIS
: ~ • Notary Pubhc Cahfornia
! Los Angeles County !
' Commission fl 2291749 -
omm Expires Jun 7 2023
(Seal)
D-25
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completmg this certificate venfies only the 1dent1ty of the 111d1 v1dual who signed
the document to which tins certificate 1s attached, and not the truthfulness, accuracy or vahd1ty of that document
ST A TE OF CALIFORNIA
COUNTY OF LOS ANGELES
On ____ , 2021 before me, _______ , personally appeared _______ , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscnbed to the w1thm mstrument and
acknowledged to me that he/she/they executed the same m h1s/her/their authonzed capac1ty(1es), and that by
lns/her/their s1gnature(s) on the mstrument the person(s), or the enllty upon behalf of which the person(s) acted,
executed the mstrument
I certify under PENAL TY OF PERJURY under the laws of the State of Cahfonna that the foregomg paragraph 1s
true and correct
WITNESS my hand and official seal
Signature ______________ _
OPTIONAL
Though the data below 1s not required by law, 1t may prove valuable to persons relymg on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORA TE OFFICER
TITLE(S)
PARTNER(S) 0
GENERAL
ATTORNEY-TN-FACT
TRUSTEE(S)
LIMITED □ □ □ □ □ □
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING
(NAME OF PERSON(S) OR ENTITY(IES))
01203 00061745561 I EQG
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
D-26
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the 1dent1ty of the 111d1v1dual who signed
the document to which this certificate 1s attached, and not the truthfulness, accuracy or vahdny of that document
ST A TE OF CALIFORNIA
COUNTY OF LOS ANGELES
On ____ , 2021 before me, _______ , personally appeared _______ , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the wllhm mstrument and
acknowledged to me that he/she/they executed the same m his/her/their authorized capac1ty(1es), and that by
his/her/their s1gnature(s) on the mstrument the person(s), or the entity upon behalf ofwluch the person(s) acted,
executed the mstrument
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph 1s
true and correct
WITNESS my hand and official seal
Signature ______________ _
OPTIONAL
Though the data below 1s not reqmred by law, 1t may prove valuable to persons relymg on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORA TE OFFICER
TITLE(S)
PARTNER(S) 0
GENERAL
ATTORNEY-TN-FACT
TRUSTEE(S)
LIMITED □ □ □ □ □ □
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING
(NAME OF PERSON(S) OR ENTITY(IES))
01203 0006/745561 I EQG
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
D-27
EXHIBIT "A"
SCOPE OF SERVICES
01203 0006/745561 I EQG A-1
D-28
HOUSTON T Y N E R
A Professional Arch1tectural Corporation
Architecture
lntenor Design
2630
Sepulveda Blvd
Torrance
Cahfom1a
90505
Tel 310
326 3050
Fax 310
326-8805
Gary Houston,
AIA NCARB
Pnncipal
Architect
Russel Tyner,
AIA,NCARB
Pnncipal
Architect
BJ Wickett,
AJA, CASp
Pnncipal
Architect
Gina CabotaJe,
AJA, LEED® AP BD+C
Associate
Architect
Michael McComuck,
RA, LEED.iGA
Associate
Architect
Juanita Turner
Associate
Operations Director
Ill September 20, 2021
l1'd Rev1s1on October 4, 2021
James O'Neill, Project Manager via email Ione1ll@rpvca gov
City of Rancho Palos Verdes I Pubhc Works Department
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
RE Pomt Vicente Interpretive Center -Restrooms Renovation
Architectural and Engmeermg Proposal
Mr O'Neill,
Houston/Tyner, A Professional Architectural Corporation, respectfully submits this proposal for
architectural and engineering services for the Point Vicente Interpretive Center ("PVIC") Restrooms
Renovation ("Project") This proposal to the City of Rancho Palos Verdes ("Chent"/"C1ty") sets
forth the scope of services, fees and basic terms for the Project
1 0 PROJECT DESCRIPTION
1 1 The Point Vicente Interpretive Center Is located at 31501 Palos Verdes Dnve
West in Rancho Palos Verdes, CA 90275
1 2
1 3
1 4
1 5
The scope of services will address necessary improvements for the interior and
exterior public restrooms serving the vIsItors of the PVIC
At this time, the budget for construction Is TBD
The scope items will include the following
• Review of existing cond1t1ons and MEP systems
• Review of ADA access within the area of renovation
• Meetings with City and Recreation & Parks staff
• As bu1lting of scope areas and transfer of PDF plans into CAD
• Develop design for base scope and two alternates, including renderings
• Provide cost estimate for base scope and two alternates
• Design presentation to the City Council
• Provide final design options based on City comments
• Provide cost estimate at CD submittal
• Submit drawings to building department for review and eventual
approval
To assist Houston/Tyner with the design efforts, we will engage the following
consultants
• Structural Engineer
• MEP Engineer
KPFF, Inc
SCEG
D-29
Pomt Vicente Interpretive Center
Restrooms Renovation Proposal
Revised October 4, 2021
Page 2 of 4
• Cost Estimator Cumming Corp
1 6 The following consultants are not included m this proposal The City will retain
the following to assist Houston/Tyner, 1f needed
• Surveyor
• Soils Engineer
• C1v1I Engineer
• General Contractor
• Hazardous Material Consultant
1 7 The following items, or areas are excluded from this scope of work, and are
therefore not included m this proposal
• Mam building of PVIC beyond the restrooms remodel scope
• Public areas, or parking lot(s) beyond restrooms renovation
• Offices, or back of house
• Mod1ficat1ons to fire alarm or fire spnnkler system
1 8 Construction Admm1strat1on 1s not included in this proposal These services
can be provided on an hourly basis using our standard hourly rates
2 0 DESIGN PHASE
In this phase we will create the basis for the design
2 1 Freid measure and assess existing cond1t1ons
2 2 Develop CAD drawings from field measurement m scope areas and overall
building from owner provided PDF files
2 3 Design floor plan and elevations for base scope and two alternates
2 4 Prepare mtenor rendered elevations and matenal selections
2 5 Prepare cost estimate for base scope and alternates
2 6 Present design and estimates to City Council
3 0 DESIGN DEVELOPMENT
In this Phase, we will refine the design as selected by the City Council Upon authonzat,on
by Client, we will 1mmed1ately begin the process of developing specific illustrated
documents that will begin to fix and describe design intent for all specific sections,
portions, and areas of the Project
3 1 We will create documents which accurately demonstrate design and intent for all
areas of the Project
3 2 Furnish developed drawings and other documentat1on/spec1ficat1ons to enable all
design consultants to incorporate the necessary design information mto their
construction documents
3 3 Coordinate the work of consultants with the architectural design
D-30
Point Vicente Interpretive Center
Restrooms Renovation Proposal
Revised October 4, 2021
Page 3 of 4
3 4 Design Development drawing package shall include floor plans, reflected ceiling
plans, finish plans, and interior elevations
3 5 Provide electronic submittal of drawings to the City for review
4 0 CONSTRUCTION DOCUMENTATIONS PHASE
Upon final approval of the "Design Development" phase, Houston/Tyner will prepare the
Construction Documents which will include plans and spec1ficat1ons for all scope areas
for architectural, electrical, mechanical, and plumbing engineers
4 1 Coordinate with Project team to review and incorporate mechanical, plumbing,
electrical, structural, architectural, and all code-related requirements
4 2 Attend conference call meetings with City and Project Manager and/or other
design consultants for the purposes of approvals, comments, and general
coordination
4 3 Prepare drawings and spec1ficat1ons for the purpose of city submittal, bidding and
construction
4 4 Submit electronic copy of the final construction documents to the City for record
5 0 PLAN CHECK
5 1 Houston/Tyner will submit the construction documents to the local public agency
for review and will assist the City in obtaining approval for this project through that
agency This proposal includes two (2) tnps to the building department to
complete this phase
5 2 Houston/Tyner will deliver to the Client an electronic copy of the drawings and
spec1ficat1ons
6 0 COMPENSATION
6 1 We propose to provide the above services for a fixed fee, not to exceed THIRTY
THOUSAND SIX HUNDRED DOLLARS ($30,600) The following 1s a breakdown
of services for your cons1derat1on
Design Phase Architect Structural MEP Engineer Cost TOTALS Estimator
Plumbing Camera Est • $2 000 $0 $0 $0 $2 000
Concept Design/Survey $4 000 N/A $2 000 $4 000 $10 000
Design Development $3 000 N/A $1 000 N/A $4 000
Construction Documents $6 000 $2 000 $2 000 $3 000 $13000
Plan Check $1 000 NIA $600 N/A $1 600
Subtotal S16 000 $2 000 $5 600 $7 000 $30,600
D-31
Point Vicente Interpretive Center
Restrooms Renovation Proposal
Revtsed October 4, 2021
Page 4 of 4
6 2 Field camera/scope of the ex,stmg plumbing waste Imes shall be performed by a
hcensed plumber the cost of which will be billed to the City/Owner as a
reimbursable expense The estimated cost for this work ,s $2,000
6 3 We further propose to invoice monthly as the work progresses
6 4 The following customary reimbursable expenses are included m the fixed fee,
any other items will be billed at actual cost, with Ghent approval
65
6 4 1 Pnnting and reproduction
6 4 2 Plotting & other in-house pnnting
6 4 3 Overnight mailing and dehvery
6 4 4 Travel expenses, if needed, e , mileage, meals, parking fees
Should any add1t1onal services be required, our standard design team's hourly
rate 1s as follows
• Principal-in-Charge
• Project Architect
• Project Manager
• Designer
• Draftsperson
• Clerical
$250
$210
$175
$160
$135
$100
7 0 TERMS AND CONDITIONS
7 1 As per the terms and cond1t1ons of the City of Rancho Palos Verdes Contract
Services Agreement sample provided with the RFP
7 2 Should this contract be awarded, Houston/Tyner respectfully requests this letter
be incorporated into the contract documents as an exh1b1t
Thank you for the opportunity to submit this proposal Please do not hesitate to call 1f you have any
questions or require further clanficat1on
Sincerely,
HOUSTON/TYNER, A Professional Architectural Corporation
Mft(}j,r /Vtef_ett
Wilham H Wickett, IV I AIA, CASp, NCARB
President
CA Lie No C-30971
D-32
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Supersedmg Contract Bmlerplate)
Added text md1cated m bold ltahcs, deleted text md1cated m stnlcethrotigh
[INTENTIONALLY LEFT BLANK]
01203 0006/745561 I EQG B-1
D-33
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Design Phase Architect Structural MEP Engineer Cost TOTALS Estimator
Plumbing ~amera Est • $2,000 $0 $0 so $2 000
Concept Design/Survey $4 000 N/A $2 000 $4 000 S10 000
Design Development $3,000 N/A $1 000 N/A 54000
Construction Documents $6,000 $2 000 $2,000 $3,000 $13 000
Plan Check $1,000 NIA $600 NIA $1,600
Subtotal $16,000 $2,000 $5 600 $7,000 $30,600
01203 0006/74~561 I EQG C-1
D-34
EXHIBIT "D
Approximate
hmeto
Task complete Deadhnc
Complete ADA & Infrastructure Survey and CAD Two weeks November 19, 2021
backgrounds
Review Design Preferences with City NIA November 19, 2021
Prepare first round of concepts Four weeks December 17, 2021
Incorporate comments from mitial concept Three weeks January 21, 2021
presentation and re-present
Prepare and Submit Design Development Three weeks February 11, 2022
Drawings
Present to City Council 1 day March 1, 2022
Complete Bid/Construction Documents and Three weeks March 23, 2022
Submit to City
01203 0001/699503 I EQG D-1