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McGee Surveying Consulting - FY2023-013 PROFESSIONAL SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and MCGEE SURVEYING CONSULTING 01203 0006/812630 1 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND MCGEE SURVEYING CONSULTING THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein "Agreement") is made and entered into on August 30, 2022, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and MICHAEL R MCGEE, PLS D/B/A MCGEE SURVEYING CONSULTING, a sole propnetorship ("Consultant") City and Consultant may be referred to, individually or collectively, as "Party" or"Parties " RECITALS A City has sought, by issuance of a Request for Proposals, the performance of the services defined and descnbed particularly in Article 1 of this Agreement B Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services C Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authonty to enter into and execute this Agreement D The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services", as stated in the Proposal, attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder As a material inducement to the City entenng into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services descnbed herein Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all matenals will be both of good quality as well as fit for the purpose 01203 0006/812630 I intended For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances 1.2 Consultant's Proposal. The Scope of Service shall include the Consultant's Proposal which shall be incorporated herein by this reference as though fully set forth herein In the event of any inconsistency between the terms of such Proposal and this Agreement, the terms of this Agreement shall govern 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having junsdiction in effect at the time service is rendered 1.4 California Labor Law. If the Scope of Services includes any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq and California Code of Regulations, Title 8, Section 16000 et seq , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq and 1810 et seq , and all other applicable laws, including the following requirements (a) Public Work The Parties acknowledge that some or all of the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industnal Relations ("DIR") implementing such statutes The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR Consultant shall post job site notices, as prescnbed by regulation (b) Prevailing Wages Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771 Pursuant to Labor Code Section 1773 2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement (c) Penalty for Failure to Pay Prevailing Wages Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages The 01203 0006/812630 I 2 Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor (d) Payroll Records Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to keep accurate payroll records and venfy such records in wnting under penalty of perjury, as specified in Section 1776, certify and make such payroll records available for inspection as provided by Section 1776, and inform the City of the location of the records (e) Apprentices Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777 5, 1777 6, and 1777 7 and California Code of Regulations Title 8, Section 200 et seq concerning the employment of apprentices on public works projects Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations Pnor to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement (f) Eight-Hour Work Day Consultant acknowledges that 8 (eight) hours labor constitutes a legal day's work Consultant shall comply with and be bound by Labor Code Section 1810 (g) Penalties for Excess Hours Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours The Consultant shall, as a penalty to the City, forfeit $25 (twenty-five dollars) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day dunng which such worker is required or permitted to work more than 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 (eight) hours per day, and 40 (forty) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1'/2 (one and one half)times the basic rate of pay (h) Workers' Compensation California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract " 01203 0006/812630 I 3 Consultant's Authorized Initial44_'2 ' (i) Consultant's Responsibility for Subcontractors For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor 1.5 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder 1.6 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder Should the Consultant discover any latent or unknown conditions, which will matenally affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's nsk until written instructions are received from the Contract Officer in the form of a Change Order 1.7 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, matenals, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence 01203 0006/812630 1 4 1.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement Unless hereafter specified, neither party shall be responsible for the service of the other 1.9 Additional Services. City shall have the right at any time dunng the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work No such extra work may be undertaken unless a wntten Change Order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant Any increase in compensation of up to 15% of the Contract Sum, or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract Officer through a wntten Change Order Any greater increases, taken either separately or cumulatively, must be approved by the City Council It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services Consultant hereby acknowledges that it accepts the nsk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor City may in its sole and absolute discretion have similar work done by other Consultants No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed If in the performance of the contract scope, the Consultant becomes aware of material defects in the scope, duration or span of the contract or the Consultant becomes aware of extenuating circumstance that will or could prevent the completion of the contract, on time or on budget, the Consultant shall inform the Contracting Officer of an anticipated Change Order This proposed change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs and proposed schedule impacts 1 10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement,the provisions of Exhibit"B" shall govern 01203 0006/812630 1 5 ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference The total compensation, including reimbursement for actual expenses, shall not exceed $24,999 (Twenty-Four Thousand Nine Hundred Ninety- Nine Dollars) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1 9 2 2 Method of Compensation. The method of compensation may include (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the services, (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, and (b) the Contract Sum is not exceeded, or (iv) such other methods as may be specified in the Schedule of Compensation 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4 5, and only if specified in the Schedule of Compensation The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City Coordination of the performance of the work with City is a cntical component of the services If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings 2.4 Invoices. Each month Consultant shall furnish to City an original invoice, using the City template, or in a format acceptable to the City, for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement The invoice shall detail charges for all necessary and actual expenses by the following categories labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts Sub-contractor charges shall also be detailed by such categories Consultant shall not invoice City for any duplicate services performed by more than one person City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7 3, City will use its best efforts to cause Consultant to be paid within 45 (forty-five) days of receipt of Consultant's correct and 01203 0006/812630 1 6 undisputed invoice, however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period In the event any charges or expenses are disputed by City, the onginal invoice shall be returned by City to Consultant for correction and resubmission Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any nghts or remedies provided herein or any applicable law 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement 3 2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time penod(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference When requested by the Consultant, extensions to the time penod(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer through a Change Order, but not exceeding 90 (ninety) days cumulatively 3.3 Force Majeure. The time penod(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within 10 (ten) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the penod of the enforced delay when and if in the judgment of the Contract Officer such delay is justified The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section 01203 0006/812630 1 7 3.4 Term Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 1 year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D„) ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Pnncipals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith Michael McGee Owner_ (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Pnncipals For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City Additionally, Consultant shall utilize only the personnel included in the Proposal to perform services pursuant to this Agreement Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance City shall have the nght to approve or reject any proposed replacement personnel, which approval shall not be unreasonably withheld 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees Consultant expressly waives any claim Consultant may have to any such rights 01203 0006/812630 1 8 4 3 Contract Officer. The Contract Officer shall be Ron Dragoo, Principal Engineer or such person as may be designated by the Director of Public Works It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein City shall have no voice in the selection, discharge, supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a Joint venturer or a member of any Joint enterprise with Consultant 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City, all subcontractors included in the Proposal are deemed approved In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the pnor wntten approval of City Transfers restncted hereunder shall include the transfer to any person or group of persons acting in concert of more than 25% (twenty five percent) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City ARTICLE 5 INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own 01203 0006/812630 1 9 expense dunng the term of this Agreement, policies of insurance of the type and amounts descnbed below and in a form satisfactory to City (a) General liability insurance Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage The policy must include contractual liability that has not been amended Any endorsement restncting standard ISO "insured contract" language will not be accepted (b) Automobile liability insurance Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident (c) Professional liability (errors & omissions) insurance Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement (d) Workers' compensation insurance Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) (e) Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor All coverages for subcontractors shall include all of the requirements stated herein (f) Additional Insurance Policies of such other insurance, as may be required in the Special Requirements in Exhibit"B" 5.2 General Insurance Requirements. (a) Proof of insurance Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance Current certification of insurance shall be kept on file with City at all times during the term of this Agreement City reserves the nght to require complete, certified copies of all required insurance policies, at any time 01203 0006/812630 1 10 (b) Duration of coverage Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injunes to persons or damages to property, which may anse from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants (c) Primary/noncontnbuting Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured (d) City's rights of enforcement In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain and continuously maintain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments In the alternative, City may cancel this Agreement (e) Acceptable insurers All insurance policies shall be issued by an insurance company currently authonzed by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager (f) Waiver of subrogation All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery pnor to a loss Consultant hereby waives its own nght of recovery against City, and shall require similar wntten express waivers and insurance clauses from each of its subconsultants (g) Enforcement of contract provisions (non-estoppel) Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder (h) Requirements not limiting Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained 01203 0006/812630 1 1 1 by the Consultant Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City (i) Notice of cancellation Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a 30(thirty)day notice of cancellation(except for nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each required coverage (1) Additional insured status General liability policies shall provide or be endorsed to provide that City and its officers,officials, employees, and agents and volunteers shall be additional insureds under such policies This provision shall also apply to any excess/umbrella liability policies (k) Prohibition of undisclosed coverage !mutations None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing (1) Separation of insureds A scycrability of interests provision must apply for all additional insureds ensuring that Consultant s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer s limits of liability The policy(ies)shall not contain any cross-liability exclusions (m) Pass through clause Consultant agrees to ensure that its subconsultants subcontractors and any other party involved with the project who is brought onto or involved in the project by Consultant. provide the same minimum insurance coverage and endorsements required of Consultant Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section Consultant agrees that upon request, all agreements with consultants subcontractors,and others engaged in the project will be submitted to City for review (n) Agency s right to revise specifications The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant 90 (ninety) days advance written notice of such change If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation (o) Self-insured retentions Any self-insured retentions must be declared to and approved by City City reserves the right to require that self-insured retentions be eliminated, lowered,or replaced by a deductible Sell-insurance will not be considered to comply with these specifications unless approved by City (p) Timely notice of claims Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant s performance under this Agreement and that involve or may involve coverage under any of the required liability policies 01203 0006313630 1 12 (q) Additional insurance Consultant shall also procure and maintain, at its own cost and expense any additional kinds of insurance which in its own judgment may be necessary for its proper protection and prosecution of the work 5.3 Indemnification. To the full extent permitted by law Consultant agrees to indemnify, defend and hold harmless the City, its officers employees and agents (`Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions either judicial administrative, arbitration or regulatory claims, damages to persons or property, losses costs penalties obligations,errors,omissions or liabilities whether actual or threatened(herein claims or liabilities )that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work,operations or activities provided herein of Consultant, its officers, employees, agents subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ( indemnitors') or ans►ng from Consultant s or indemnitors' reckless or willful misconduct or arising from Consultant s or indemnitors negligent performance of or failure to perform any term provision,covenant or condition of this Agreement,and in connection therewith (a) Consultant will defend any action or actions filed in connection with any ot said claims or liabilities and will pay all costs and expenses,including legal costs and attorneys tees incurred in connection therewith (b) Consultant will promptly pay any judgment rendered against the City its officers agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or tailure to perforin such work.operations or activities ot Consultant hereunder,and Consultant agrees to save and hold the City,its officers agents and employees harmless therefrom (c) In the event the City,its officers agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent pertormance of or tailure to pertorm the work, operation or activities of Consultant hereunder,Consultant agrees to pay to the City,its officers agents or employees,any and all costs and expenses incurred by the City its officers agents or employees in such action or proceeding including but not limited to legal costs and attorneys fees Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore and failure ot City to monitor compliance with these provisions shall not be a waiter hereof This indemnification includes claims or liabilities arising from any negligent or wrongful act,error or omission, or reckless or willful misconduct of Consultant in the performance of protessional services hereunder The provisions of this Section do not apply to claims or liabilities occurring as a result of City s sole negligence or willtul acts or omissions, but to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City s negligence except that design processionals indemnity hereunder shall be limited to claims and liabilities arising out of the negligence,recklessness or willful misconduct of the design professional The of 203 0006,8 i 2630 i 13 indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement ARTICLE 6 RECORDS,REPORTS,AND RELEASE OF INFORMATION 61 Records. Consultant shall keep, and require subcontractors to keep such ledgers, books of accounts invoices,vouchers canceled checks,reports studies or other documents relating to the disbursements charged to City and services performed hereunder(the`books and records ) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance ot such services Any and all such documents shall be maintained in accordance with generally accepted accounting pnnciples and shall be complete and detailed The Contract Officer shall hay a full and free access to such books and records at all times dunng normal business hours of City including the right to inspect,copy,audit and make records and transcnpts from such records Such records shall be maintained tor a penod of three (3)years following completion of the services hereunder and the City shall have access to such records in the event any audit is required In the event of dissolution of Consultant s business custody of the books and records may be given to City and access shall be provided by Consultant s successor in interest Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the Calitonua Public Records Act 6 2 Reports Consultant shall penodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement For this reason Consultant agrees that if Consultant becomes aware of any facts, circumstances techniques,or events that may or will material]', increase or decrease the cost of the work or services contemplated herein or,if Consultant is providing design services,the cost of the project being designed Consultant shall promptly notify the Contract Officer of said fact circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services the estimated increased or decreased cost estimate for the project being designed 63 Ownership of Documents. All drawings specifications maps, designs photographs studies, surveys, data, notes, computer files reports records documents and other materials(the`documents and matenals ) prepared by Consultant its employees subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request ot the Contract Officer or upon the termination of this Agreement and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder Any use, reuse or assignment of such completed documents for other projects and/or use of 01203 0006.812630 1 14 uncompleted documents without specific wntten authorization by the Consultant will be at the City s sole risk and without liability to Consultant and Consultant's guarantee and warranties shall not extend to such use reuse or assignment Consultant may retain copies of such documents for its own use Consultant shall have the nght to use the concepts embodied therein All subcontractors shall provide tor assignment to City of any documents or matenals prepared by them and in the event Consultant fails to secure such assignment,Consultant shall indemnify City for all damages resulting therefrom Moreover Consultant with respect to any documents and matenals that may qualify as works made for hire' as defined in 17 USC § 101 such documents and materials are hereby deemed`works made for hire'for the City 6 4 Confidentrahty and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential,unless such information is in the public domain or already known to Consultant Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authonzation from the Contract Officer (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authonzation from the Contract Officer or unless requested by the Oh Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions response to interrogatones or other information concerning the work performed under this Agreement Response to a subpoena or court order shall not be considered voluntary provided Consultant gives City notice of such court order or subpoena (c) If Consultant or any officer employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement,then City shall have the right to reimbursement and indemnity from Consultant for any damages costs and fees including attorney's fees caused by or incurred as a result of Consultant s conduct (d) Consultant shall prompth notih City should Consultant, its otlicers employees, agents or subcontractors be served with any summons complaint, subpoena, notice of deposition request for documents, interrogatones request for admissions or other discovery request court order or subpoena from any party regarding this Agreement and the work performed there under City retains the nght,but has no obligation to represent Consultant or be present at any deposition, hearing or similar proceeding Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant However, this right to review any such response does not imply or mean the nght by City to control,direct or rewrite said response ARTICLE 7 ENFORCEMENT OF AGREEMENT AND TERMINATION 7 1 Cahfornia Law This Agreement shall be interpreted construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California Legal actions concerning any dispute claim or matter arising out of or in relation to this Agreement shall be 01203 0006812630 1 1 5 instituted in the Superior Court of the County of Los Angeles State of California,or any other appropnate court in such county,and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action In the event of litigation in a U S District Court venue shall lie exclusively in the Central District of California. in the County of Los Angeles State of California 7 2 Disputes,Default. In the event that Consultant is in default under the terms of this Agreement,the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default instead the City may give notice to Consultant of the default and the reasons for the default The notice shall include the timeframe in which Consultant may cure the default This timeframe is 15 (fifteen) days, but may be extended, though not reduced, if circumstances warrant During the pcnod of time that Consultant is in default,the City shall hold all invoices and shall when the default is cured, proceed with payment on the invoices In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default If Consultant does not cure the default,the City may take necessary steps to terminate this Agreement under this Article Any failure on the part of the City to give notice of the Consultant s default shall not be deemed to result in a waiver of the City's legal rights or any nghts arising out of any provision of this Agreement 7 3 Retention of Funds. Consultant hereby authonzes City to deduct from any amount payable to Consultant (whether or not ansmg out of this Agreement)(i)any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses,costs liabilities or damages suffered by City,and(u)all amounts for which City may be liable to third parties by reason of Consultant s acts or omissions in performing or failing to perform Consultant s obligation under this Agreement In the event that any claim is made by a third party,the amount or validity of which is disputed by Consultant,or any indebtedness shall exist which shall appear to be the basis for a claim of lien,City may withhold from any payment due,without liability for interest because of such withholding, an amount sufficient to cover such claim The failure of City to exercise such nght to deduct or to withhold shall not however affect the obligations of the Consultant to insure indemnity and protect City as elsewhere provided herein 7 4 Walser Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term,condition,or covenant Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement No delay or omission in the exercise of any nght or remedy by a non-defaulting party on any default shall impair such nght or remedy or be construed as a waiver An waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement 01293 0006813630 i 16 7 5 Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement the nghts and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or drfterent times, of any other rights or remedies for the same default or any other default by the other party 7 6 Legal Acton In addition to any other nghts or remedies,either party may take legal action,in law, or in equity, to cure, correct or remedy any default, to recover damages for any detault, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief or to obtain any other remedy consistent with the purposes of this Agreement Notwithstanding any contrary provision herein Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq and 910 et seq,in order to pursue a legal action under this Agreement 7 7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause The City reserves the right to terminate this Contract at any time with or without cause, upon 30(thirty)days written notice to Consultant_ except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer Upon receipt of any notice of termination. Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer Consultant shall be entitled to compensation for all services rendered pnor to the effective date of the notice ot termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7 3 In the event of termination without cause pursuant to this Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7 2 7 8 Termination for Default of Parts If termination is due to the failure of the other Party to fulfill its obligations under this Agreement (a) City may,after compliance with the provisions of Section 7 2 take over the work and prosecute the same to completion by contract or otherwise,and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages),and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the Cih as previously stated (b) Consultant may,after compliance with the provisions ot Section 7 2 terminate the Agreement upon written notice to the Cat's Contract Officer Consultant shall be entitled to payment for all work performed up to the date of termination 01203 0006/812630 1 17 7 9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relict which may be granted whether legal or equitable,shall be entitled to reasonable attorney s tees Attorney's fees shall include attorney s tees on any appeal and in addition a party entitled to attorney s tees shall be entitled to all other reasonable costs for investigating such action taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment ARTICLE 8 CITY OFFICERS AND EMPLOYEES NON-DISCRIMINATION 8 1 Non-habihty of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest,in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor or for breach of any obligation of the terms of this Agreement 8 2 Conflict of Interest Consultant covenants that neither it,nor any officer or pnncipal of its firm, has or shall acquire any interest,directly or indirectly which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement Consultant further covenants that in the performance ot this Agreement, no person having any such interest shall be employed by it as an officer,employee agent or subcontractor without the express wntten consent ot the Contract Officer Consultant agrees to at all times avoid conflicts of interest or the appearance ot any conflicts of interest with the interests of City in the performance of this Agreement No officer or employee ot the City shall have any financial interest,direct or indirect,in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which atTects her/his financial interest or the financial interest of any corporation, partnership or association in which(s)he is, directly or indirectly,interested, in violation of any State statute or regulation The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement 8 3 Covenant Against Discrimination Consultant covenants that, by and for itself its heirs executors assigns and all persons claiming under or through them,that there shall be no discnmmation against or segregation of, any person or group of persons on account o1 race, color, creed religion sex gender, sexual onentation,marital status,national ongin,ancestry or other protected class in the performance of this Agreement Consultant shall take affirmative action to insure that applicants are employed and that employees are treated dunng employment without regard to their race color, creed, 0i ro3 000e si 2630 i 18 religion. sex, gender sexual onentation, marital status national ongin, ancestry or other protected class 8 4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act 8 U S C § 1101 el seq as amended and in connection therewith shall not employ unauthonzed aliens as defined therein Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City tor such use ot unauthonzed aliens,Consultant hereby agrees to and shall reimburse ON tor the cost of all such liabilities or sanctions imposed, together with any and all costs including attorneys tees, incurred by City ARTICLE 9 MISCELLANEOUS PROVISIONS 91 Notices. Any notice, demand, request document. consent. approval or communication either party desires or is required to give to the other party or any other person shall be in wilting and either served personally or sent by prepaid first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer(with her/his name and City title),City of Rancho Palos Verdes, 30940 Hawthorne Blvd, Rancho Palos Verdes, California 90275 and in the case of the Consultant, to the person(s)at the address designated on the execution page of this Agreement Either party mati change its address by notifying the other party of the change of address in wnting Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section 9 2 Interpretation The terms ot this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply 9.3 Counterparts. This Agreement may be executed in counterparts each ot which shall be deemed to be an onginal and such counterparts shall constitute one and the same instrument 9 4 Integration,Amendment. This Agreement including the attachments hereto is the entire complete and exclusive expression ot the understanding of the parties It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,arrangements,agreements and understandings,if any between the parties,and none shall be used to interpret this Agreement No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by 012030006.si of 19 the City Council The parties agree that this requirement for wntten modifications cannot be waived and that any attempted waiver shall be void 9 5 Severabahty In the event that any one or more of the phrases sentences clauses paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction,such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses paragraphs or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless 9 6 Warranty&Representation of Non-Collusion. No official, officer or employee of City has any financial interest,direct or indirect, in this Agreement, nor shall any official officer, or employee of City participate in any decision relating to tins Agreement which may affect his/her financial interest or the financial interest of any corporation_ partnership,or association in which(s)he is directly or indirectly interested or in violation of any corporation.partnership,or association in which(s)he is directly or indirectly interested or in violation of any State or municipal statute or regulation The determination of financial interest' shall be consistent with State law and shall not include interests found to be remote or noninterests pursuant to Government Code Sections 1091 or 1091 5 Consultant warrants and represents that it has not paid or given,and will not pay or give,to any third party including, but not limited to, any City official. officer,or employee, any money consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement Consultant further warrants and represents that (s)he/at has not engaged in any act(s) omission(s), or other conduct or collusion that would result in the payment of any money consideration or other thing of value to any third party including. but not limited to any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement Consultant is aware of and understands that any such act(s) omission(s) or other conduct resulting in such payment of money consideration, or other thing of value will render this Agreement void and of no force or effect Consultant s Authorized Initial a' 1 9 7 Corporate Autbonty The persons executing this Agreement on behalt of the parties hereto warrant that(i)such party is duly organized and existing, (u) they are duly authorized to execute and deliver this Agreement on behalf of said party,(iii)by so executing this Agreement, such party is formally bound to the provisions of tins Agreement, and (iv)that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound This Agreement shall be binding upon the heirs,executors,administrators,successors and assigns of the parties [SIGNATURES ON FOLLOWING PAGE 01203 0006812630 1 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above wntten CITY CI a -• P• .OS VERDE.S,a unicipal •. .i :tion • _ Araa '� -t ani- .: anagen ATTEST eresa T ol.a,City Clerk APPROVED AS TO FORM ALESHIRE&WYNDER LLP /1)d William W %A/wider City ttornev CONSULTANT McGEE SURVEYING CONSULTING By Name Michael McGee TitleOwner ) / J� / - Bv,/'[/ QL G /1a�l 1 ! " c U' Name Title D W pt,eJ— / Address 5 2 44 Q L' 10e- A), `v7 $€.&i t_,*erg GL4 aj-51 TO corporate officer signatures required when Consultant is a corporation,wit a signature requited from each of the following groups 1)Chairman of the Board,President or any Vice President and 2) Secretary,any Assistant Secretart Chief Financial Officer or any Assistant Treasurer CONSULTANT S SIGNATURES SHALL BE DULY NOTARIZED,AND APPROPRIATE AI 1 l,1 ATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,ARTICLES OF INCORPORATION OR OTHER RULES OR REGULATIONS APPLIC ABLE TO CONSULTANT'S BUSINESS ENTITY 01203 000681'.530 1 21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing tins certificate venfres only,the identih of the mdividual who slgled the document to winch this certificate is attached,and not the truthfidness accaram or validity of that document STATE OF CALIFOR I A cousrf OFSa•►r+* 6 44AP Nowa 0640106~e On A4 i4f I9 2022 before me r itrn►rt 4.4 r;personally appeared ►1i6 •N°proved to me on the basis of satisfactory evidence to be the persons)whose names(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/them au thonred capactv(ies),aml that by his/her/thin signature(s)on the instrur eid the person(s),or the mints upon behalf of winch the person(s)acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Cahforrma that the foregoing paragraph is true and correct WITNESS nix hand and cul seal • THOMAS DEMOURKAS - Notary Public Coliform Signature Santa Barbara County I f is • "i31'My Comm Expires Jul 20 3025 OPTIONAL Though the data below is not required br law it mar pane valuable to persons retying on the document and could 1 prevent fraudulent react chment of this form CAPACIII CLAMED B1 SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR Ti PE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANJCONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER TITAN N ANTED ABOVE 01203 00064312630 1 EXHIBIT "A" SCOPE OF SERVICES I. Consultant will provide land surveying support services and on-call technical support on the Filiorum survey,as outlined in Task 1; and provide on-call survey services as requested, as outlined m Task 2 A Task 1 Filiorum Survey Services Land Surveying Services on the southwesterly portion of 7572-012-028 north of Palos Verdes Drive South being the east line of Tract No 23434 recorded in Book 624 Page 57 of Maps of the Los Angeles County Recorder's Office, in the City of Rancho Palos Verdes The purpose of the survey is to locate on the ground and mark the easterly boundanes of Lots 30, 31 and 32 off Arrowroot Lane of Tract No 23434 The Services shall include 1 Research and analysis of recorded maps of pnor surveys 2 Review Lot boundaries and correlate with record maps 3 Perform a field survey to search and recover existing boundary control monuments and determine the location of said Lot lines 4 Perform a field survey to locate fences and improvements that are evidence of the easterly extent of occupation along the easterly boundary of said Lots 30, 31 and 32 5 Set wood stakes marking the east lines of said Lots If there are issues with access to the intenor of said Lots, then reference stakes will be set easterly of said Lot lines on a 10-20 foot offset along the existing chain link fence B Task 2 General On-Call Consulting Services and Land Surveying Services Consultant will provide on-call support to process and address technical land surveying issues as requested by the City's Contract Officer, including but not limited to, review of lot descriptions, meets and bounds descriptions, survey documents, setting permanent monuments, preparation of Record of Survey Maps, processing Record of Survey Maps with Los Angeles County Surveyor, and other tasks as may be necessary to complete the requested services II. All work product is subject to review and acceptance by the City and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City 01203 0006/812630 1 A-1 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text indicated in bold italics, deleted text indicated in stRIEetlifeugh l Subsection (d) of Section 5 1, Insurance Coverages, is hereby amended to read (d) Workers' compensation insurance Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) This Workers Compensation Insurance requirement may be waived by the Contract Officer, in his or her sole discretion, upon satisfactory proof that Consultant does not employ workers or sub consultants in the performance of his work. 01203 0006/812630 i B-1 EXHIBIT "C" SCHEDULE OF COMPENSATION Consultant shall perform services at the budgeted, not to exceed amounts for each task in the Task Budget shown below: Task Description Amount Task 1 Land Surveying Research and analysis of record maps of prior surveys $4,200 Review lot boundaries and correlate with record maps Perform a field survey to search and recover existing boundary control monuments and determining the location of lot lines Perform a field survey to locate fences and improvements that are evidence of the easterly extent of occupation along the easterly boundary of lots 30, 31, and 32 Set wood stakes marking the east lines of lots If there are issues with access to the intenor of the lots, then reference stakes will be set easterly of lot lines on a 10 — 20 foot offset along the existing chain link fence Task 2 On-call Consulting and Land Surveying Pursuant to Contract Officer's Task Order review of lot Pursuant to Task descriptions, meets and bounds descriptions, survey Budget approved documents, setting permanent monuments, preparation of by Contract Officer Record of Survey Maps, processing Record of Survey Maps with Los Angeles County Surveyor, and other tasks as may be necessary to complete the requested services TOTAL not to exceed $24,999 Rates for Task Order Services in accordance with Exhibit"C-1", Personnel Rates The City will compensate Consultant for the Services performed upon submission of a valid invoice Each invoice shall be accompanied by all Task Proposals for which Consultant is requesting compensation 01203 0006/812630 1 C-1 EXHIBIT "C-1" PERSONNEL RATES MCGEE SURVEYING CONSULTING 5290 Oierpaas Road Sten 07 Santa Barbara.CA 01111 Telephone 80S 964 3520—michael@sbco\mail corn 2021 FEE SCHEDULE SERVICES OFFICE and FIELD HOURLY RATE Principal Licensed Surveyor & Consultant $ 252 Technician $ 148 Clerical $ 50 FIELD 1-Person Survey Crew (Licensed Surveyor) $ 252 2-Person Survey Crew $ 300-400 FORENSIC Expert Witness Depositions (2 hour minimum) $ 504 00 Expert Witness Testimony (2 hour minimum) $ 504 00 EOUIPMENT GNSS/RTK Satellite Measurement System $ 40/hr Computers copies and miscellaneous field and office supplies and vehicle mileage are included in the above rates Outside sen ices and per diem charged at cost 01203 0006/812630 1 C-2 EXHIBIT"D"SCHEDULE OF PERFORMANCE I Consultant shall complete each Task no later than 4 weeks after receiving a Notice to Proceed from the City and shall not receive additional compensation for work completed after the Task Completion Date II The Contract Officer may approve extensions for performance of the services in accordance with Section 3 2 01203 0006812630 l D-I