3350, Bihun/Hall - Request for Appea, Miscellaneous, Other• PROFESSIONAL SERVICES AGREEMETN
ENGINEERING STUDY FOR IDENTIFYING THE HEIGHT OF TREES IN THE VIEW
CORRIDOR FROM 49 SADDLEBACK ROAD OVER 48 SADDLEBACK ROAD IN
THE CITY OF ROLLING HILLS
THIS AGREEMENT is made and entered into as of March 29, 2013, by and
between the CITY OF ROLLING HILLS ("City") and DCA Civil Engineering Group
("Consultant").
RECITALS
A. The City desires to retain Consultant to identify the trees in the view
corridor of the CITY LIGHTS from 49 Saddleback Road through trees on 48 Saddleback
Road in the City of Rolling Hills.
B. To address this matter in a timely and expeditious manner, the City
desires the specified work to be completed within five calendar days from the award of a
contract; and
C. The Consultant is well qualified by reason of experience, licensing,
personnel and equipment to perform such services.
NOW, THEREFORE, in consideration of the foregoing and the covenants and
agreements set forth below, City and Consultant agree as follows:
1. General Services. Consultant shall furnish all materials and perform all
work required to identify the height to which the trees would need to be trimmed and
pruned to restore the view. The trees are numbered as trees #2, 3 and 4 in Exhibit A
attached herein. The Consultant shall document the location of the trees on a map,
place a ribbon on the trees, and determine the tree height that would provide the view.
2. Payment. Consultant shall submit invoice upon completion of the work
and the City will make payment within 30 days of the close of the month in which work
was performed.
A. Compensation. City shall pay to Consultant a not -to -exceed
amount of three thousand two hundred ($3,200.00) for completion of General Services
based on time and materials as represented in Exhibit B. Additional work not provided
for in this Agreement, such as requiring additional travel and time for attendance at
public meetings or additional study, may be authorized by City in writing and
compensation therefore shall be agreed upon in advance by the parties.
3. Term and Termination. The term of this Agreement shall commence on
upon execution of this agreement and terminate in six months unless extended by
mutual agreement of the parties. City may terminate this Agreement at any time, with or
without cause. In such event, Consultant shall be compensated for work satisfactorily
accomplished up to the time of termination.
4. Insurance. Consultant shall, at his expense, obtain and keep in force
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duringthe term of this Agreement, a policyof Commercial• General LiabilityInsurance
g
covering bodily injury and property damage; insuring Consultant and the City against
any liability arising out of the maintenance on the premises and all areas appurtenant
thereto. Such insurance shall be in a Combined Single Limit policy in an amount not
less that $1,000,000.
A. Consultant shall maintain and deliver to the City copies of its
Comprehensive General Liability Insurance with a combined single limit of not less than
$1,000,000. Such insurance shall (a) name City of Rolling Hills, the Rolling Hills
Community Association, their appointed and elected officials, officers, employees, and
agents as insureds; and (b) be primary with respect to any insurance or self-insurance
programs maintained by the City; and (c) contain standard cross liability provisions.
B. Consultant shall maintain and deliver to City Copies of Commercial
Automobile Liability Insurance with a combined single limit of not less than $1,000,000
per occurrence. Such insurance shall include coverage for owned, hired and non -
owned automobiles.
C. Consultant shall maintain Workers' Compensation Insurance covering its
employees for injuries arising out of and in the course of their employment with limits of
not less than $1,000,000 per accident. Consultant shall provide copies of said policies
of Certificate of Insurance.
D. If Consultant, for any reason, fails to maintain insurance coverage, which
is required pursuant to this Agreement, the same shall be deemed a material breach of
this Agreement. City, at its sole option, may forthwith terminate this Agreement and
obtain damages from the Consultant resulting from said breach. Alternatively, City may
purchase such required insurance coverage, and without further notice to Consultant,
City may deduct from sums due to Consultant any premium costs advanced by City for
such insurance.
5. Indemnity. CONSULTANT shall indemnify, defend with counsel approved
by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from
and against all liability, loss, damage, expense, cost (including without limitation
reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every
nature arising out of or in connection with and to the extent of CONSULTANT's
negligence or other wrongful conduct in CONSULTANT'S performance of work
hereunder or its failure to comply with any of its obligations contained in this
AGREEMENT, regardless of CITY'S passive negligence, but excepting such loss or
damage which is caused by the sole active negligence or willful misconduct of the CITY.
Should CITY in its sole discretion find CONSULTANT'S legal counsel unacceptable,
then CONSULTANT shall reimburse the CITY its costs of defense, including without
limitation reasonable attorneys fees, expert fees and all other costs and fees of
litigation. The CONSULTANT shall promptly pay any final judgment rendered against
the CITY (and its officers, officials, employees and volunteers) covered by this
indemnity obligation. It is expressly understood and agreed that the foregoing
provisions are intended to be as broad and inclusive as is permitted by the law of the
State of California and will survive termination of this Agreement.
6. Work Performed.
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A. All work shall be of the highest quality and consistent with industry
standards.
B. All reports, data, and information obtained and developed for this project
shall be the property of the City of Rolling Hills.
7. Personnel. All personnel provided for the performance of this Agreement
shall be employees or subconsultants of the Consultant and Consultant shall assume
payment of all wages, taxes and all other employee or subconsultant costs, unless
otherwise provided.
Consultant shall provide and designate one person as the designated City contact.
Consultant shall hold harmless, indemnify and defend the City against any liability or
assessment connected with violations of Federal Statutes pertaining to alien/citizen
status.
Personnel shall wear or have identifiable company identification when in the City of
Rolling Hills.
8. Compliance with All Laws. Consultant shall comply with all City, State
and Federal laws in the performance of its services.
9. Assignment. This Agreement is not assignable nor the performance of
either party's duties delegable without the prior written consent of the other party. Any
attempted or purported assignment or delegation of any of the rights or obligations of
either party without the prior written consent of the other shall be void and of no force
and effect.
10. Attorney's Fees. In any action brought to declare the rights granted
herein or to enforce any of the terms of this Agreement, the prevailing party shall be
entitled to an award of reasonable attorney's fees in an amount determined by the court.
11. Non-discrimination. Consultant shall not discriminate in the hiring of
employees or in the employment of subconsultants on any basis prohibited by law.
12. Independent Consultant. Consultant is and shall at all times remain as
to City, a wholly independent Consultant. Neither City nor any of its agents shall have
control of the conduct of Consultant or any of the Consultant's employees, except as
herein set forth. Consultant shall not at any time or in any manner represent that it or
any of its agents or employees are in any manner agents or employees of the City.
13. Notices. All notices and communications shall be sent to the parties at
3the following addresses:
CITY:
City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
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CONSULTANT: DCA Civil Engineering Group
Attn: Steve Cummins, P.E., President and CEO
714 Olympic Blvd, Suite 700
Los Angeles, CA 90715
14. Authorized Signature. Consultant affirms that the signatures, titles, and
seals set forth hereinafter in execution of this Agreement represents all individuals, firm
members, partners, joint ventures, and/or corporate officers having a principal interest
herein.
15. Entire Agreement; Modification. This Agreement supersedes any and all
other agreements, either oral or written, between the parties and contains all of the
covenants and agreements between the parties. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which
are not embodied herein, and that any other agreement, statements or promise not
contained in this Agreement shall not be valid or binding. Any modification of this
Agreement will be effective only if signed by the party to be charged. The parties
acknowledge and agree that their respective obligations under the Agreement have
been fully discharged.
IN WITNESS WHEREOF the parties hereto for themselves, their heirs,
executors, administrators, successors, and assigns do hereby agree to the full
performance of the covenants herein contained and have caused this Agreement to be
executed in duplicate by setting hereunto their names, titles, hands, and seals this day
of March 29, 2013.
CONSULTANT: CL6L
?El'jELoPE �'�Rnluaa.. CaotrceFo
(Title)
Agency:
r itcleah`terbruch, City Manager of the City of Rolling Hills
Attested: Piibbim
Heidi Luce, Deputy City Clerk of the City of Rolling Hills
Date: 99I I
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DC
• 1CIVIL
ENGINEERING
GROUP
CORPORATE
714 Wes! Olympic Blvd.
Suite 700
Los Angeles, CA
90015-1472
213 250-0118
RECEIVED
MAR 2 8 2013
City of Rolling Hills
By
REVISED PROPOSAL
BRANCH FOR
17625 Crenshaw Blvd, SURVEYING SERVICES
Suite 300
Torrance, CA 48 & 49 SADDLEBACK ROAD
90504-3465 ROLLING HILLS, CA
310 327,0018
Fast 310 327-0175
Orange County
949 763-8100
PREPARED FOR:
•ANTON DAHLERBRUCH
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
PREPARED BY:
DCA CIVIL ENGINEERING GROUP
17625 CRENS.HAW BLVD., STE, 300
TORRANCE, CA 90504
MARCH 28, 2013
PROPOSAL NO. 13-1993-4027.000-039
EXHIBIT B
CIVIL ENGINEERING a LAND PLANNING a LAND SURVEYING & MAPPING a UTILITY PLANNING www.dcaclvlleng.com
. •
)C
CIVIL
ENGINEERING
GROUP
CORPORATE
714 West Olympic Blvd.
Suite 700
Los Angeles, CA
90015-1472
213 250-0118
BRANCH
17625 Crenshaw Blvd.
Suite 300
Torrance, CA
90504-3465
310 327-0018
Fax 310 327-0175
Orange County
949 753-8100
March 28, 2013
Anton Dahlerbruch
City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA . 90274
Re: Proposal for Surveying Services
Dear Anton:
REVISED PROPOSAL NO.
13-1993-4027.000-039
On behalf of DCA Civil Engineering Group, I would like to thank you for the
opportunity to submit a proposal for the surveying services for the above
referenced project.
As your consultant, we will provide'you with the services outlined in our attached
proposal in an efficient and timely manner. We, at DCA Civil Engineering Group
continually strive to establish and maintain long-term and mutually beneficial
relationships.
Should you wish to proceed or wish us to present a proposal for any upcoming
projects in the future, please contact me at 310-327-0018 Ext. 120
Thank you for giving us the opportunity to be of service to City of Rolling Hills.
Sincerely, •
DCA CIVIL ENGINEERING GROUP
Penelope Cornwall
cum:OPERATING OFFICER
PC/al
DCA CIVIL ENGINEERING GROUP IS A STATE REGISTERED SMALL BUSINESS ENTERPRISE,_
RCE# 34526, QSD & QSP 20737 & PLS#I 8418
CIVIL ENGINEERING a LAND PLANNING n LAND SURVEYING & MAPPING a UTILITY PLANNING www.dcaolvileng.com
REVERING
GROUP
CORPORATE
714 VVesl Olympic Blvd.
Suite 700
Los Angeles, CA
90015-1472
213 250-D118
BRANCH
17625 Crenshaw Blvd.
Suite 300
Torrance, CA
00504-3-465
310 327.0018
Fax 310 327-0175
Orange County
949 753-8100
March 28, 2013
Anton Dahlerbruch
City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
Re: Proposal for Surveying Services
PROJECT ADDRESS:
48 & 49 Saddleback Road, Rolling Hills, CA
SCOPE OF SERVICE
REVISED PROPOSAL NO.
13-1993-4027.000-039
Phone: (310) 377-1521
It is our understanding that the owners of No. 49 Saddleback Road have requested
of the City that three (3) of the trees (per David Hayes Arborist Report) located on
No. 48 Saddleback Road be trimmed (topped) for purposes of view restoration of
"City Lights". Accordingly, DCA Civil Engineering Group has been requested to
provide this proposal for professional services for a survey and report for purposes
of determining the trim/crown height to restore the view.
The following is our proposal to provide surveying services for the project:
o Provide a field survey from the terrace area of No. 49, using precise optical
instruments, to determine the ground elevation of the three (3) subject trees
(the location as verified by the City), the relative top elevation of the trees and
the trim line elevation of the trees at the point of intersection with the slope -
angle to the distant City lights view corridor. A relative bench mark elevation
will be used for the survey.
o Prepare a report which briefly describes the survey procedure used in
determining the trim line. A schematic drawing will be included with the report
to demonstrate the vertical and horizontal view corridor through the sweep of
the panorama at the subject tree line. All survey information will be eye -level
from the center of the ten -ace at No. 49.
CIVIL ENGINEERING a LAND PLANNING a LAND SURVEYING & MAPPING n UTILITY PLANNING www.dcaclvileng.com
• •
City of Rolling Hills- 48 & 49 Saddleback Road
March 28, 2013
Page Two
FEE SCHEDULE
Our fee for this project is $ 3,200.00 Not -to -Exceed (T&M)
The project will require 2 working days (subject to weather conditions) from the time of your
authorization in the farm of a signed contract. If contract arrangements are made immediately, the
field survey will be performed on Thursday (03/28/2013) and the report prepared for review on
Friday (03/29/2013).
The above fee is based upon the scope of work established from plans & design criteria available to us
as of this date. Any additional work necessitated by subsequent changes and alterations thereto, or
needed due to local governmental, or other jurisdictional agency requirements, as well as any services
not specifically listed in the scope of' professional services attached hereto and made a part of this
proposal will constitute an additional work order.
Additional work orders will be performed and billed as extra work, in addition to the contract amount
stipulated herein, and will be charged on a time & material basis, in accordance with our fee schedule in
effect at the time such extra services are rendered.
Our fee proposal will hold firm for work performed within 6 months of the date of this proposaL The
fee for any work performed beyond that date will be adjusted by mutual agreement. All agreements
will follow the requirements of Assembly Bill 2629 signed September 30, 2000 henceforth be known as
Business & Professions Code § 6749 effective January 1, 2001, regarding the required use of written
contracts.
The above estimate, contract, or per diem amount does not include charges for prints,
messenger service, vehicular mileage, express mail or other outside expenses such as fees or
work not performed by this office.
Thank you for giving DCA Civil Engineering Group the opportunity to be of service to your
company. Should you wish to proceed, please contact Penelope Cornwall 310-327-0018 Ext.
120 to make contractual arrangemen
Sincerely,
DCA CIVIL ENGINEERING GROUP
Christopher Vassallo
LAND SURVEYOR
P.L.S. 8418
PC/al
. www.dcaclvileng.com
17625 Crenshaw Blvd. Suite 300 111 Torrance a CA 905D4-3465 a Tel: (310) 327-0018 a Fax: (310) 327-0175