|Back To Agenda||Print Page|
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT
DATE: FEBRUARY 17, 2004
SUBJECT: CONTRACT RENEWAL FOR GEOTECHNICAL CONSULTING SERVICES
Authorize the Mayor and City Clerk to execute the proposed agreement with Zeiser Kling Consultants, Inc. to provide geology and geotechnical engineering consulting services on an as-needed basis to the City for the next two years.
Due to the complex soils and geology of the Palos Verdes Peninsula, the Department of Planning, Building and Code Enforcement contracts on an as-needed basis for the professional services of licensed geologists and soils engineers. Since 1997, the firm of Zeiser Kling Consultants, Inc (Zeiser Kling) has served as the City’s primary geotechnical consultant. The original contract with Zeiser Kling was approved by the City Council on October 7, 1997 for a one-year term. One-year contract extensions were approved by the City Council in 1998, 1999, 2000 and 2001. In December 2001, the City Council authorized a two-year extension to the Zeiser Kling contract to December 18, 2003. This agenda item is to consider renewing the Zeiser Kling contract for an additional two years.
Basis for the Original Selection of Zeiser Kling
In 1997, Staff prepared and distributed a Request for Proposals (RFP), which was provided to twenty-eight geotechnical consulting firms. The City reviewed the eleven responses to the RFP, and after interviewing the top six candidates, selected two firms: Bing Yen and Associates (BYA), and Zeiser Kling. At that time, the City opted to contract with two firms in order to provide greater flexibility in project assignment, and have the ability to obtain an in-house, third party opinion regarding any particularly complex and/or controversial project, if needed. Therefore, BYA was chosen to work on select development projects, like the Point View moratorium exclusion proposal and the Oceanfront Estates project (currently being developed by CPH and Warmington Homes), while Zeiser Kling was selected to perform the day-to-day project review.
As part of the City’s 1997 selection process, Zeiser Kling, along with the other candidates, was subjected to an extensive review process by a City review team composed of then Mayor John McTaggart, then Councilman Lee Byrd, then Public Works Director Les Evans and then Director of Planning, Building and Code Enforcement Carolynn Petru. Zeiser Kling, along with BYA, were determined by the review team to be highly qualified, with extensive experience and professional credentials, and familiarity with the unique geologic conditions found on the Palos Verdes Peninsula. In addition, both firms were able to provide liability insurance in the amounts required by the City.
Scope of Work
As the City’s primary geotechnical consultant, Zeiser Kling provides a variety of specialized services. These include reviewing geology reports for development projects that range from additions to single family residences to major projects, such as new subdivisions and large non-residential projects; conducting field inspections of proposed construction, as requested by the City’s Building Official; and providing advice to the City on drainage issues and illegal grading activities.
Specifically, Zeiser Kling is responsible for the geotechnical review of all of the development projects that are approved by the Department. This primarily includes conducting site visits to determine if geotechnical or soils reports will be required, reviewing and commenting on submitted geotechnical and soils reports, and meeting with planners, building inspectors and the public to answer a variety of questions dealing with submitted reports. These services are paid for by project applicants through set geologic review fees (the fee schedule is attached). In addition, when requested to do so, the Zeiser Kling geologists assist Staff in processing view restoration cases (tree removal on slopes), assessing the severity of code enforcement cases (illegal grading), attend meetings and conduct any other as-needed investigations on behalf of the city. These additional services are generally not a part of a fixed fee process but are paid for from the Department budget or from Trust Deposit accounts established by private individuals.
No change to Zeiser Kling’s scope of work is being proposed by Zeiser Kling or is being requested by Staff at this time.
Proposed Extension of Contract
At this time, Zeiser Kling is requesting that their contract with the City be renewed for an additional two years. Furthermore, Zeiser Kling intends to retain the same personnel and proposes no fee increases for the new 2-year contract period. Given the level of service provided to the Department thus far and the expectation that it will continue, Staff is recommending that the Zeiser Kling contract be renewed for two (2) years for the following reasons:
Zeiser Kling is a highly qualified firm, with extensive experience and professional credentials, and is familiar with the unique geologic conditions found on the Palos Verdes Peninsula. This experience has been enhanced through the work completed on behalf of the City over the last six years. The review services provided have met Staff's needs and expectations. As such, Staff supports continuing the contract with this firm for an additional two years in accordance with the attached Services Agreement.
As noted in the Background section of this Report, Zeiser Kling was one of two geotechnical firms originally retained by the City in 1997. The other firm retained in 1997 was Bing Yen and Associates (BYA). In 2001, when both the Zeiser Kling and the BYA contracts were taken to the City Council for renewal, the Council only renewed the Zeiser Kling contract. This is because the Council agreed to consider renewal of the BYA contract after their work was complete on the Point View project, since that was the only project that they were reviewing on behalf of the City. As such, the Council directed that an RFP be issued when the BYA contract is up for renewal. Although it was envisioned that BYA’s involvement with the Point View project would be completed in 2002, the Point View project is still being processed and it is foreseen that BYA will continue to be involved with the project in some capacity. Therefore, unless otherwise directed by the Council, staff intends to take no action on the BYA contract that is currently in effect, and re-evaluate the need for a second geotechnical consultant after their work with the Point View project is finished.
Renewal of the contract would not result in any additional fiscal impacts, as the City’s FY 03-04 and FY 04-05 budgets include $140,000 per fiscal year for geotechnical consulting services for the review of privately initiated project geotechnical reports. This expenditure is expected to be approximately equal to the amount of revenue collected from the geologic review fees. As an example of this, in FY 02-03, $159,454.00 was expended for geologic consulting services and $158,432.20 was collected in revenue from the geologic review fees. Thus far in FY 03-04, revenue is slightly higher than expenditures but still very close. In addition, the FY 03-04 budget contains $10,000 for other, as needed, geotechnical consulting services. The consultants' compensation depends on the demand for consulting services and the nature of the investigations or review.
In addition to Staff's recommendation, the following alternatives are available for consideration by the City Council:
Director of Planning, Building and
Draft 2004-2006 Contract with Zeiser Kling Consultants, Inc.
Geologic Review Fee Schedule
Handout – Projects requiring soils/geology reports
PROFESSIONAL SERVICES AGREEMENT
FOR GEOTECHNICAL CONSULTING SERVICES
THIS AGREEMENT is made and entered into this 17th day of February, 2004, by and between the CITY OF RANCHO PALOS VERDES, hereinafter referred to as "CITY", and ZEISER KLING CONSULTANTS, INC., hereinafter referred to as "CONSULTANT".
The City wishes to use the professional services of Consultant to provide geology, soils engineering and geotechnical engineering consulting services to City on an as-needed basis; and,
Consultant has represented that it has a unique and specialized knowledge and understanding of, and experience with, geotechnical engineering, soils engineering and engineering geology and is qualified to perform said services for City; and,
IN CONSIDERATION of the foregoing recitals and the covenants hereinafter set forth, the parties hereto mutually agree as follows:
SCOPE OF CONSULTANT’S SERVICES
Consultant shall, in a professional and timely manner, perform the following services, when requested by the City, by or under the direct supervision of Consultant’s licensed engineering geologist and/or soils engineer:
for proposed construction in the City;
ii. As-built geotechnical reports for construction, such as, for
caissons, retaining walls, etc.;
iii As-graded reports for grading of single lots and/or larger subdivisions in the City;
Review of reports of hazardous wastes or materials is outside the provisions of this agreement.
Consultant shall review and evaluate reports, checking the consistency of the findings, conclusions and recommendations, and ascertain whether the provisions of the Rancho Palos Verdes Municipal Code are satisfied.
Consultant may also perform site field inspections, logging of borings and trenches, sampling and laboratory tests, engineering analysis, and other tasks, as Consultant deems appropriate to assist in Consultant’s reviews. No later than two (2) weeks after Consultant receives a report to review, Consultant shall submit a written review letter to City stating the results of Consultant’s review and Consultant’s recommendations of either:
C. Special Studies. As occasions arise, Consultant may be called upon to Perform special geologic or geotechnical studies or other work requested by City. Charges shall be billed as defined under Article IV (Compensation) either to a trust deposit account or budget account, or a specific contract proposal shall be prepared and agreed to in writing by City and shall define the scope of work and payment schedule.
D. Records. All costs are to be allocated to the appropriate trust deposit, plan check number or other special fund to which they pertain. The tract, lot or parcel numbers, address or other designation to identify the project site to which the costs pertain shall be indicated on all records and documents.
PERFORMANCE OF SERVICES
Consultant shall perform all services and duties pursuant to this Agreement in a professional and timely manner, at the direction of the Director of Planning, Building and Code Enforcement or Director of Public Works or the Directors’ designee. All directives, instructions, or other communications from City to Consultant shall be through only the Director of Planning, Building and Code Enforcement or Director of Public Works or the Directors’ designee.
This Agreement shall commence on February 17, 2004, and shall terminate on February 17, 2006, unless otherwise extended by the parties hereto.
COMPENSATION FOR SERVICES
City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the rates and amounts set forth in the fee and cost schedule attached hereto as Exhibit "A" and incorporated herein by reference. The schedule of hourly rates shall be good through the term of this contract, pursuant to Article III.
City may request in writing that Consultant perform additional services not covered by the specific Scope of Work set forth in this agreement, and Consultant shall perform such services and will be paid for such additional services in accordance with Consultant’s schedule of hourly rates attached hereto as Exhibit "A" and incorporated herein by reference.
Consultant shall submit to City, by not later than the tenth (10th) day of each month, its bill for services rendered and costs incurred during the previous month. If Consultant’s bill is properly prepared and received by City by not later than the tenth (10th) day of the month, City shall pay Consultant all uncontested amounts set forth in Consultant’s bill by not later than 30 days from the date that the bill was received. All other properly billed and uncontested invoices received after the 10th of the month shall be paid by City not later than forty-five (45) days after receipt of Consultant’s bill by City. It is further agreed that the periodic billings are correct, conclusive and binding unless Consultant is notified in writing by City ten (10) days from the date of receipt of the billing of any alleged inaccuracies, discrepancies or errors in billing.
All payments due Consultant shall be paid to:
Zeiser Kling Consultants, Inc.
1221 E. Dyer Road, Suite 105
Santa Ana, California 92705
In the event City fails to pay any undisputed amounts due Consultant within forty-five (45) days after invoices are received by City, then City agrees that Consultant shall have the right to consider said default a breach of this Agreement and may be terminated by Consultant without liability to Consultant upon ten (10) working days advance notice to City.
Consultant shall provide all personnel necessary to properly perform the services and duties required under this Agreement, and shall at all times direct such personnel in the performance of such services and duties. Frederick L. Zeiser, Henry F. Kling, James M. Lancaster, Matthew G. Rogers, and Mike Laney shall be principally responsible for Consultant’s obligations and performance under this Agreement and shall serve as the principal liaisons between City and Consultant. Consultant shall not designate representatives or liaisons other than Frederick L. Zeiser, Henry F. Kling, James M. Lancaster, Matthew G. Rogers and Mike Laney without the prior written consent of either the Director of Planning, Building and Code Enforcement or the Director of Public Works of City, except for temporary re-assignments in the case of vacation, illness or emergency, where consultant shall provide verbal notification to either the Director of Planning, Building and Code Enforcement or the Director of Public Works of City.
Consultant shall notify City in writing of its recommendation of the retention of any supplemental subconsultants and the need therefor. However, City shall have the exclusive authority to determine whether such subconsultants shall be retained pursuant to Consultant’s recommendation.
DUTIES OF CITY
City shall provide or make available to Consultant, without charge or expense, all information, data, records, maps, reports, plans, equipment, or other material in its possession necessary for carrying out the services and duties contemplated under this Agreement.
OWNERSHIP OF DOCUMENTS
City and Consultant agree that all records, data, reports or other documentation prepared by, in response to, or as a result of the performance of this Agreement shall be the sole property of City, and are to remain confidential, and shall not be released or otherwise made available to any person, entity or organization without the express prior written approval of City. Copies of any data, records, reports or other documents held by Consultant shall be delivered to City upon demand. During the term of this Agreement, Consultant may retain one copy of each document for its records.
No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on the behalf of Consultant. It is agreed that all records, data, reports or other documents generated by Consultant for City can only be used for the specific location and/or specific improvement without the written consent of Consultant.
CONFLICT OF INTEREST
Consultant agrees not to accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement.
Consultant also warrants that it is not, at the time this Agreement is entered into, engaged in any employment or representation which will or may likely make Consultant "financially interested" in any decision made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement, with the exception of a pre-existing contract with the entity known as "Vintage Communities, Inc." or Tramonto 37 Partners LTD" or "Peninsula Point Associates L.P." in association with Tract Map No. 45667, which is also known as "Tramonto" or "Peninsula Pointe". Therefore Consultant shall not perform any work for City on this particular project or any other project proposed in the City by any of these entities.
INDEMNIFICATION AND INSURANCE
This Agreement may be terminated at any time, with or without cause, by either party upon sixty (60) days prior written notice. Notice shall be deemed serviced upon deposit in the United States Mail or a certified or registered letter, postage prepaid, return receipt requested, addressed to the other party, or upon personal service of such notice to the other party, at the address set forth in Article XI.
In the event of termination or cancellation of the Agreement by Consultant or City, due to no fault or failure of performance by Consultant, Consultant shall be paid compensation for all services performed by Consultant, in an amount to be determined as follows: for work done in accordance with all of the terms and provisions of this Agreement, Consultant shall be paid an amount equal to the amount of services performed prior to the effective date of termination or cancellation in accordance with the schedule attached hereto as Exhibit "A"; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to consultant for the full performance of the services described in Article IV and the particular purchase order.
In the event of such termination, all finished or unfinished documents, reports, charts, data, studies, surveys, in the possession of Consultant under this agreement shall be returned to City, at City’s option.
i. Should either party to this Agreement bring legal action against the other, the case shall be handled in Los Angeles County, California,
and the party prevailing in such action shall be entitled to reasonable attorney’s fees, which shall be fixed by the judge hearing the case, and such fee shall be included in the judgment.
other than Consultant require the testimony of Consultant when
there is no allegation that Consultant was negligent, City shall
compensate Consultant for its testimony and preparation to
testify at the hourly rates in effect at the time of such testimony.
E. Assignment. This Agreement shall not be assignable by either party without the prior written consent of the other party. Notwithstanding the foregoing, Consultant may use the services of persons and entities not in its employ, when it is appropriate and customary to do so upon prior approval by City. Such persons and entities include, but are not limited to, surveyors, specialized consultants and testing laboratories. Consultant’s use of others for additional services shall not be unreasonably restricted by City, provided Consultant notifies City in advance.
F. 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 over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees, are in any manner the agents, servants or employees of City, it being distinctly understood that Consultant is, and shall at all times remain to City, a wholly independent contractor and Consultant’s obligations to City are solely such as are prescribed by this Agreement.
G. Titles. That titles used in this Agreement are for general reference only and are not part of this Agreement.
H. Extent of Agreement. This Agreement and Exhibit "A" represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties.
i. This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
iii. The article and section, captions and headings herein have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.
J. Notices. All notices pertaining to this Agreement shall be in writing and addressed as follows:
If to Consultant:
Mr. Rick Zeiser
Zeiser Kling Consultants, Inc.
1221 E. Dyer Road, Suite 105
Santa Ana, California 92705
If to City:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.
ZEISER KLING CONSULTANTS, INC.
CITY OF RANCHO PALOS VERDES