KOA Corporation (2014) Sunnyside Trail Project: Sunnyside Ridge Trail Segment Design Project
Change Order# 1
--: 1,11,21i Attention:Alan Braatvedt
a1V01 '-',(-)RANCHO Ho[3 DSVERDES KOA Corporation
30940 Hawthorne Blvd. 1411 W 190th Street
Rancho Palos Verdes,CA 90275 Gardena,CA 90248
Explanantion for Change Order
Increase in contract value to provide additional scope of work including construction management,
design and construction document preparation services for design changes to the Sunnyside Ridge Trail
Segment Project.
Itemized Description Quantity Unit Price Amount
Time and materials-Construction Management and Design Services Increase in Scope 1 20,000.00 20,000.00
Total 20,000.00
Original Contract Value 140,450.00
Total Value of all Previous Change Orders 0.00
Total Revised Contract Sum Prior to this Change Order 140,450.00
Value of this Change Order20,000.00
New Contract Sum 160,450.00
Change in Contract Days 0
Revised Contractpletion Date ,, 11/17/2016
Accepted: K A Corporation
B o a~ u(ST
y
Vice President
Date: SI26 1 16
Authorized: Rancho Palos Verdes
By . /kA7 31,201C
Director of Public Works
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CITY OF RANCHO PALOS VERDES
DESIGN PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 18th day of
November 2014, by and between the City of Rancho Palos Verdes (hereinafter referred
to as the "CITY") and KOA Corporation (hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto
agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as follows: Sunnyside Trail Improvement Project.
1.2 Description of Services
CONSULTANT shall provide professional services as described in the
Consultant's proposal, which is attached hereto as Exhibit "A" and incorporated herein
by this reference, and those services shall include but not be limited to: design
development, including public outreach therefor; geotechnical, structural and civil
engineering design; landscape architecture design; preparation of plans, specifications
and cost estimate; assistance with the public bidding process; and construction
management and oversight. In the event of any conflict between the terms of this
Agreement and Exhibit "A," the terms of this Agreement shall control. CONSULTANT
shall ensure that any and all landscaping on the Project uses drip irrigation systems and
drought-resistant or xerophytic trees, plants, lawn and sod, unless CONSULTANT can
show, and the CITY and the Los Angeles County Regional Park and Open Space
District (the "District") both agree, that it is infeasible to do so.
1.3 Project in Accordance with Grant Application
The City submitted an application (the "Application"), which is attached
hereto as Exhibit "B" and incorporated herein by this reference, to the District. The
Application was for the District's grant for the 2013 Competitive Trails Grant Program
through Supervisor Don Knabe (the "Grant"). The Grant was approved pursuant to that
Application, and thus the Grant is contingent on the Project being completed as stated
in the Application. CONSULTANT shall at all times adhere to the Application. Should
CONSULTANT require any modification or alteration of the Project from that which is
written in Exhibit "B," CONSULTANT shall prepare a written submission to the CITY and
the District for approval. Until both the CITY and the District approve such modifications
or alterations, CONSULTANT shall continue to act in accordance with Exhibit "B." If and
when CONSULTANT's modifications or alterations are approved by the CITY and the
District, CONSULTANT shall continue to act in accordance with Exhibit "B," except as
expressly modified or altered by that approval. In the event of any conflict between the
terms of this Agreement and Exhibit "B," the terms of Exhibit "B" shall control.
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1.4 Schedule of Work
CONSULTANT shall adhere to the schedule included within Exhibit "A"
unless both the CITY and CONSULTANT mutually agree upon extensions, and in any
case, CONSULTANT shall comply with any schedule required by the Grant. Upon
receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with
due diligence the services requested by the CITY. Time is of the essence in this
Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT
be responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly, or delay or
faulty performance by CITY, other consultants or contractors not reporting to
CONSULTANT, or governmental agencies, or any other delays beyond
CONSULTANT's control or without CONSULTANT's fault.
ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT an amount not to exceed One
Hundred Forty Thousand Four Hundred Fifty dollars ($140,450) for services as
described in Article 1. This Project is partially funded by the Grant.
2.2 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed in the previous month. CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use
its best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10) days of the receipt of each invoice. However,
CITY's failure to timely notify CONSULTANT of a disputed amount or claimed
completion percentage shall not be deemed a waiver of CITY's right to challenge such
amount or percentage.
Additionally, 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 total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10)working days advance written notice.
2.3 Disputed Expenditures
The District may withhold a portion of the amount of reimbursement to the
CITY, and in turn the CITY may withhold that same portion of the amount of
compensation to the CONSULTANT, if, in the opinion of the District, an expenditure is
not eligible under the terms and conditions of this Agreement, the Propositions, the
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Application or the Procedural Guide. In such cases the District shall notify the CITY,
and the CITY shall notify the CONSULTANT, of the amount of expenditures declared
ineligible and the reason(s) for the ineligibility. CONSULTANT, within thirty (30) days of
notification, may dispute the District's decision, in writing, to both the CITY and the
District and provide records, documentation, or both to support its claim. The District
shall review the information, documentation, or both provided and will notify the CITY,
and the CITY will notify the CONSULTANT, of the District's final determination. If
CONSULTANT fails to dispute the findings, in writing, within the thirty day period, then
the CONSULTANT shall have waived its right to dispute the findings. If the CITY
wishes to dispute the District's decision and requires records, documentation, or both
from CONSULTANT therefor, CONSULTANT shall immediately produce such records,
documentation, or both to the CITY.
2.4 Prevailing Wages
CITY and CONSULTANT acknowledge that this project is a public work to
which prevailing wages apply. The Terms for Compliance with California Labor Law
Requirements is attached hereto as Exhibit "C" and incorporated herein by this
reference.
2.5 Additional Services
CITY may request additional specified work under this Agreement. All
such work must be authorized in writing by the CITY's Director of Public Works prior to
commencement. CONSULTANT shall perform such services, and CITY shall pay for
such additional services in accordance with CONSULTANT's Hourly Billing Rates for
Additional Work within Exhibit "A," which in any case shall meet or exceed prevailing
wage rates. The rates in Exhibit "A" shall be in effect through the end of this
Agreement.
2.6 Term of Agreement
This Agreement shall commence on November 18, 2014, and shall
terminate on November 17, 2016, unless sooner terminated pursuant to Article 4 of this
Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification, Hold Harmless, and Duty to Defend
(a) Indemnity for Design Professional Services. In connection with its
design professional services and to the maximum extent permitted by law,
CONSULTANT shall hold harmless and indemnify CITY, the District, and both of their
officials, officers, employees, agents and independent contractors serving in the role of
CITY or District officials, and designated volunteers (collectively, "Indemnitees"), with
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respect to any and all claims, demands, causes of action, damages, injuries, liabilities,
losses, costs or expenses, including reimbursement of attorneys' fees and costs of
defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to
death or injury to any person and loss or damage to any property, which arise out of,
are incident to, pertain to, or relate to in whole or in part to the negligence,
recklessness, or willful misconduct of CONSULTANT or any of its officers, employees,
subcontractors, subconsultants or agents in the performance of its design professional
services under this Agreement.
(b) Other Indemnities. In connection with any and all claims, demands,
causes of action, damages, injuries, liabilities, losses, costs or expenses, including
attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered
by Section 3.1(a), and to the maximum extent permitted by law, CONSULTANT shall
defend, hold harmless and indemnify the Indemnitees with respect to any and all
Damages, including but not limited to, Damages relating to death or injury to any person
and injury to any property, which arise out of, pertain to, or relate to the acts or
omissions of CONSULTANT or any of its officers, employees, subcontractors,
subconsultants or agents in the performance of this Agreement, except for such loss or
damage arising from the sole negligence or willful misconduct of the CITY or District, as
determined by final arbitration or court decision or by the agreement of the parties.
CONSULTANT shall defend Indemnitees in any action or actions filed in connection
with any such Damages with counsel of CITY choice (if defending the CITY or
Indemnitees from the CITY), District's choice (if defending Indemnitees from the
District), and with counsel mutually chosen by the CITY and the District (if defending
Indemnitees from both the CITY and the District), and shall pay all costs and expenses,
including all attorneys' fees and experts' costs actually incurred in connection with such
defense. Consultant's duty to defend pursuant to this Section 3.1(b) shall apply
independent of any prior, concurrent or subsequent misconduct, negligent acts, errors
or omissions of Indemnitees.
(c) All duties of CONSULTANT under Section 3.1 shall survive
termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each
occurrence and two million dollars ($2,000,000) general aggregate for bodily injury,
death, loss or property damage for products or completed operations and any and all
other activities undertaken by CONSULTANT in the performance of this Agreement.
Said policy or policies shall be issued by an insurer admitted or authorized to do
business in the State of California and rated in A.M. Best's Insurance Guide with a
rating of A:VII or better.
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3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000) per claim and
aggregate for errors and/or omissions of CONSULTANT in the performance of this
Agreement. Said policy or policies shall be issued by an insurer admitted or authorized
to do business in the State of California and rated in Best's Insurance Guide with a
rating of A:VII or better. If a "claims made" policy is provided, such policy shall be
maintained in effect from the date of performance of work or services on the CITY's
behalf until three (3) years after the date of work or services are accepted as completed.
Coverage for the post-completion period may be provided by renewal or replacement of
the policy for each of the three (3) years or by a three-year extended reporting period
endorsement, which reinstates all limits for the extended reporting period. If any such
policy and/or policies have a retroactive date, that date shall be no later than the date of
first performance of work or services on behalf of the CITY. Renewal or replacement
policies shall not allow for any advancement of such retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence
and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one
person and five hundred thousand dollars ($500,000) for property damage arising from
one incident. Said policy or policies shall be issued by an insurer admitted or
authorized to do business in the State of California and rated in A.M. Best's Insurance
Guide with a rating of A:VII or better.
3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as
required by the law. CONSULTANT shall require any subcontractor and subconsultant
similarly to provide such compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage
shall not be cancelled or modified by the insurance carrier without thirty (30) days prior
written notice to City and District, or ten (10) days notice if cancellation is due to
nonpayment of premium, which shall be sent to the addresses listed in Section 6.16 of
this Agreement. Additionally, CONSULTANT shall provide immediate notice to the
CITY and the District if CONSULTANT receives a cancellation or policy revision notice
from the insurer.
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(b) CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage. CONSULTANT agrees that if it does not keep the aforesaid
insurance in full force and effect, the CITY may either immediately terminate this
Agreement or, if insurance is available at a reasonable cost, the CITY may take out the
necessary insurance and pay, at CONSULTANT's expense, the premium thereon.
3.7 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall
maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of
insurance showing that the aforesaid policies are in effect in the required amounts.
Additionally, the CONSULTANT shall instruct each insurance company to mail a copy of
the insurance endorsement to the District at the address listed in Section 6.16 of this
Agreement. The commercial general liability policy shall contain an endorsement
naming the CITY, the District, and both of their officers, agents and employees as
additional insureds.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any
coverage available to the CITY or the District. The insurance policies (other than
workers compensation and professional liability) shall include provisions for waiver of
subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) The CITY may terminate this Agreement at any time, with or
without cause, upon thirty (30) days prior written notice. Notice shall be deemed served
if completed in compliance with Section 6.16.
(b) If Grant funding for this Agreement is reduced or terminated and no
other funding is available for continuation of this project, the City will not be obligated to
continue funding for the services contained in this Agreement and may terminate the
Agreement.
(c) In the event of termination or cancellation of this 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 satisfactorily done
in accordance with all of the terms and provisions of this Agreement as determined by
the CITY, CONSULTANT shall be paid an amount equal to the percentage of services
performed prior to the effective date of termination or cancellation in accordance with
the work items; provided, in no event shall the amount of money paid under the
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foregoing provisions of this paragraph exceed the amount which would have been paid
to CONSULTANT for the full performance of the services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All final documents, plans, specifications, reports, information, data,
exhibits, photographs, images, video files and media created or developed by
CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the
property of the CITY without restriction or limitation upon its use, duplication or
dissemination by the CITY. All Written Products shall be considered "works made for
hire," and all Written Products and any and all intellectual property rights arising from
their creation, including, but not limited to, all copyrights and other proprietary rights,
shall be and remain the property of the CITY without restriction or limitation upon their
use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or
attempt to obtain copyright protection as to any Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the
CITY pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to
which any intellectual property right exists, including computer software, used in the
rendering of the services and the production of all Written Products produced under this
Agreement, and that the CITY has full legal title to and the right to reproduce the Written
Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected
officials, officers, employees, servants, attorneys, designated volunteers, and agents
serving as independent contractors in the role of CITY officials, harmless from any loss,
claim or liability in any way related to a claim that CITY's use of any of the Written
Products is violating federal, state or local laws, or any contractual provisions, or any
laws relating to trade names, licenses, franchises, copyrights, patents or other means of
protecting intellectual property rights and/or interests in products or inventions.
CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade
secret or trademarked documents, materials, equipment, devices or processes in
connection with its provision of the services and Written Products produced under this
Agreement. In the event the use of any of the Written Products or other deliverables
hereunder by the CITY is held to constitute an infringement and the use of any of the
same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to
continue using the Written Products and other deliverables by suspension of any
injunction, or by procuring a license or licenses for CITY; or (b) modify the Written
Products and other deliverables so that they become non-infringing while remaining in
compliance with the requirements of this Agreement. This covenant shall survive the
termination of this Agreement.
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Upon termination, abandonment or suspension of the Project, the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables
related to the Project without additional cost or expense to the CITY. If CONSULTANT
prepares a document on a computer, CONSULTANT shall provide CITY with said
document both in a printed format and in an electronic format that is acceptable to the
CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee, and CONSULTANT shall notify CITY of CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48), the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities
Act of 1990 (42 U.S.C. § 11200, et seq.).
6.3 Audit; Reports
(a) The CITY, the District, or either of their duly authorized
representatives shall have the option of inspecting, auditing, and/or copying all books,
records, reports and other written materials of the CONSULTANT pertaining to this
Agreement or matters related thereto. The CITY and its duly authorized representative
shall have the option of inspecting, auditing, and/or copying all books, records, reports
and other written materials used by CONSULTANT in preparing its billings to the CITY
as a condition precedent to any payment to CONSULTANT. CONSULTANT will
promptly furnish documents requested by the CITY or the District. CONSULTANT
agrees to maintain and make available for CITY or District inspection all books, records,
reports and other written materials pertaining to this Agreement or matters related
thereto for a period of five (5) years after final payment under this Agreement.
(b) CONSULTANT shall be subject to State Auditor examination and
audit at the request of the CITY or as part of any audit of the CITY, for a period of three
(3) years after final payment under this Agreement.
(c) CONSULTANT agrees to maintain satisfactory financial accounts,
documents and records for the Project and to make them available to the CITY or the
District for auditing at reasonable times. CONSULTANT also agrees to retain such
financial accounts, documents and records for a period of five (5) years after final
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payment under this Agreement. CONSULTANT agrees to use an accounting system
that complies with generally accepted accounting principles.
(d) The District may request reports from the CITY pursuant to the
Grant. CONSULTANT shall submit to the CITY any information or documents it may
need to prepare such reports, and CONSULTANT shall be prepared to assist in the
drafting of such reports.
(e) At any time during the term of this Agreement or at any time period
of five (5) years after final payment under this Agreement, authorized representatives of
the District may conduct an audit of the CITY for the purpose of verifying
appropriateness and validity of expenditures that the CITY has submitted to the District
for reimbursement. If said audit reveals expenditures that cannot be verified or that were
paid in violation of the terms of the Grant, the Propositions or the Procedural Guide, the
District may, at its discretion, reduce the Grant amount by an amount equal to these
expenditures. If such expenditures that cannot be verified or that were paid in violation
of the terms of the Grant were related to CONSULTANT's expenditures, the CITY may,
at its discretion, reduce the compensation amount by an amount equal to these
expenditures. CONSULTANT, within thirty (30) days of notification to the CITY by the
District that an audit has resulted in the exception of expenditures, may dispute the
audit findings in writing to the CITY and the District and provide both entities with
records and/or documentation to support the expenditure claims. The CITY and the
District shall review this documentation and make a final determination as to the validity
of the expenditures. If CONSULTANT has received all compensation under this
Agreement before the audit, or if remaining compensation monies are insufficient, and if
said audit reveals expenditures that cannot be verified or that were paid in violation of
the terms of this Agreement, the Propositions or the Procedural Guide, CONSULTANT
shall pay the CITY or the District, whichever entity submits written notice, an amount
equal to these expenditures within thirty (30) days after receiving written notification of
the expenditures disallowed and the reason for the disallowance.
6.4 Public Records Act
The CITY and the District must comply with the California Public Records
Act (Government Code section 6250 et seq.), and CONSULTANT shall cooperate
should its assistance be needed in this regard. In the event that the CITY, the District,
or both are required to defend an action on a Public Records Act request for any of the
contents of CONSULTANT's submission under the terms and conditions of the
Agreement, CONSULTANT agrees to defend and indemnify that defending party from
all costs and expenses, including attorneys' fees, in any action or liability arising under,
or related to, the Public Records Act.
6.5 Personnel
CONSULTANT represents that it has, or shall secure at its own expense,
all personnel required to perform CONSULTANT's services under this Agreement. Any
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person who performs engineering services pursuant to this Agreement shall be licensed
as a Civil Engineer by the State of California and in good standing. CONSULTANT
shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who
are assigned to perform the services hereunder and shall obtain the approval of the
Director of Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates, subcontractors or
subconsultants in the performance of its services under this Agreement, but at all times
shall CONSULTANT be responsible for its associates, subcontractors and
subconsultants' services. CONSULTANT shall not enter into any contract, agreement
or similar arrangement, or agree to any amendment or modification to an existing
contract, agreement or similar arrangement, that, in the District's opinion, violates
federal regulations restricting the use of funds from tax-exempt bonds.
6.6 CONSULTANT's Representations
CONSULTANT represents, covenants and agrees that: a) CONSULTANT
is licensed, qualified, and capable of furnishing the labor, materials, and expertise
necessary to perform the services in accordance with the terms and conditions set forth
in this Agreement; b) there are no obligations, commitments, or impediments of any kind
that will limit or prevent CONSULTANT's full performance under this Agreement; c) to
the extent required by the standard of practice, CONSULTANT has investigated and
considered the scope of services performed, has carefully considered how the services
should be performed, and understands the facilities, difficulties and restrictions
attending performance of the services under this Agreement.
6.7 Conflicts of Interest; County Lobbyist Ordinance
(a) CONSULTANT agrees not to accept any employment or
representation during the term of this Agreement or within twelve (12) months after
completion of the work under this Agreement which is or may likely make
CONSULTANT "financially interested" (as provided in California Government Code
Sections 1090 and 87100) in any decisions made by CITY on any matter in connection
with which CONSULTANT has been retained pursuant to this Agreement.
(b) CONSULTANT and each of its subconsultants and subcontractors
shall fully comply with the Los Angeles County Lobbyist Ordinance, Los Angeles County
Code Chapter 2.160. Failure on the part of CONSULTANT and each of its
subconsultants and subcontractors to fully comply with the County Lobbyist Ordinance
shall constitute a material breach of this Agreement, upon which the CITY may
terminate or suspend this Agreement.
6.8 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled
by and construed under the laws of the State of California, excluding California's choice
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of law rules. Venue for any such action relating to this Agreement shall be in the Los
Angeles County Superior Court.
(b) If any legal action or other proceeding, including action for
declaratory relief, is brought for the enforcement of this Agreement or because of an
alleged dispute, breach, default or misrepresentation in connection with this Agreement,
the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees,
and other costs, in addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
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.
6.9 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY. Any such purported
assignment without written consent shall be null and void, and CONSULTANT shall hold
harmless, defend and indemnify the CITY and its officers, officials, employees, agents
and representatives with respect to any claim, demand or action arising from any
unauthorized assignment.
Notwithstanding the above, CONSULTANT may use the services of
persons and entities not in CONSULTANT's direct employ, when it is appropriate and
customary to do so. Such persons and entities include, but are not necessarily limited
to, surveyors, specialized consultants, and testing laboratories. CONSULTANT's use of
subcontractors and subconsultants for additional services shall not be unreasonably
restricted by the CITY provided CONSULTANT notifies the CITY in advance.
6.10 Independent Contractor
CONSULTANT is and shall at all times remain, as to the CITY, a wholly
independent contractor. Neither the CITY nor any of its agents shall have control over
the conduct of CONSULTANT or any of the CONSULTANT's employees, except as
herein set forth, and CONSULTANT is free to dispose of all portions of its time and
activities which it is not obligated to devote to the CITY in such a manner and to such
persons, firms, or corporations as the CONSULTANT wishes except as expressly
provided in this Agreement. CONSULTANT shall have no power to incur any debt,
obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an
agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of
its agents, servants or employees, are in any manner agents, servants or employees of
CITY. CONSULTANT agrees to pay all required taxes on amounts paid to
CONSULTANT under this Agreement, and to indemnify and hold the CITY harmless
from any and all taxes, assessments, penalties, and interest asserted against the CITY
by reason of the independent contractor relationship created by this Agreement.
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CONSULTANT shall fully comply with the workers' compensation law regarding
CONSULTANT and its employees. CONSULTANT further agrees to indemnify and
hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers' compensation laws. The CITY shall have the right to offset against the amount
of any fees due to CONSULTANT under this Agreement any amount due to the CITY
from CONSULTANT as a result of its failure to promptly pay to the CITY any
reimbursement or indemnification arising under this Article.
6.11 Titles
The titles used in this Agreement are for general reference only and are
not part of the Agreement.
6.12 Entire Agreement
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified or amended, or provisions or
breach may be waived, only by subsequent written agreement signed by both parties.
6.13 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.14 Non-Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of performance under
this Agreement. In no event shall the making by the CITY of any payment to
CONSULTANT constitute or be construed as a waiver by the CITY of any breach of
covenant, or any default which may then exist on the part of CONSULTANT, and the
making of any such payment by the CITY shall in no way impair or prejudice any right or
remedy available to the CITY with regard to such breach or default.
6.15 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement shall continue in full force and effect.
Page 12 of 14
R6876-0001\1765734v2.doc Agreement for Design Professional Services
6.15 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement shall continue in full force and effect.
6.16 Notice
Except as otherwise required by law, any payment, notice or other
communication authorized or required by this Agreement shall be in writing and shall be
deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during CITY's regular business hours or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses listed below, or at
such other address as one party may notify the other:
To CITY:
Michael Throne, PE, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Alan Braatvedt, V.P. of South Bay Operations
KOA Corporation
1411 W. 190 Street, Suite 525
Gardena, CA 90248
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: KOA CO POR TION "CONSULTANT")
By: A6riao. vg2.
Printed Name: ALAN 1 RAA'eta"-
Title:
tjTitle:
By: ad/
Printed Name: ✓`-
neetlta
Title: (C
UL. Ye--5c
Page 13 of 14
R6876-0001\1765734v2.doc Agreement for Design Professional Services
[Signatures continued on next page]
Dated02/71 02,407( CITY OF RANCHO PALOS VERDES
� ("CITY")
B or" Art
1111
ATTEST: APPR• ED AS TO FORM:
By:
City Clerk City Attorney s'
Page 14 of 14
R6876-0001\1765734v2.doc Agreement for Design Professional Services
.
Exhibit "A":
Consultant's Proposal and Hourly Billing Rates for Additional Work
R6876-0001\1765734v2.doc Agreement for Design Professional Services
KOA CORPORATION 1411 W. 190th St.Suite 525
PLANNING & ENGINEERING Gardena, CA 90248
t: 310.329.0102 f: 310.329.1021
www.koacorporation.com
September 29, 2014
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: Siamak Motahari
RE: Sunnyside Ridge Trail: Design and Construction Management
Dear Mr. Motahari:
KOA Corporation ("KOA") appreciates the opportunity to submit qualifications to the City of Rancho
Palos Verdes for professional services for the design and delivery of the Sunnyside Trail from the
development of concepts through to the final delivery of the completed project. KOA will provide the
following services:
• Civil Engineering Design
• Structural Design
• Geotechnical Engineer
• Landscape Architecture Services
• Construction Management and Construction
KOA has the expertise and resources required for this project to assist the City of Rancho Palos Verdes
in a timely and efficient manner.
The KOA team, our project systems, and our entire management structure are geared to providing
flexible services to agencies such as yours. We assure that our key personnel will be assigned to provide
services for its duration and will not be removed or replaced by us without concurrence from the City
of Rancho Palos Verdes.
Alan Braatvedt will be the Management Contact and Project Manager for this contract. The contract
would be managed though the South Bay office at 1411 W. 190th Street, Suite 525, Gardena, CA, 90248;
Phone: 310.329.0102; Fax: 310.329.1021; Email: alanb@koacorp.com. Thank you for this opportunity to
offer our services to the City of Rancho Palos Verdes. Should you have questions during the selection
process, please contact me at 310.525.0684.
Sincerely,
KOA Corporation
AQ...-.,
Alan Braatvedt
V.P. of South Bay Operations
LOS ANGELES ONTARIO ORANGE SAN 1
KOA CORPORATION
PLANNING & ENGINEERING
Summary of Services
KOA Corporation will provide professional services to the City of Rancho Palos Verdes, which will
include the following:
• Geotechnical Services
o Undertake geotechnical investigations, through a KOA geotechnical sub-consultant and
produce a design recommendation report
• Civil Engineering Design
o Development of concept design documents
o Receive ideas from the public out-reach for incorporation in the design
o Design the trail, which will include layout, switchback retaining, bridge abutments,
retaining-structures adjacent to the two existing
o Modify the plans to incorporate further comments from the second out-reach meeting
o Develop specifications and produce bid documentation
o Produce an engineer's estimate of probable construction cost
o Provide design assistance to respond to RFI's and technical submittal review
• Structural Design
o Produce bridge design criteria.
o Provide design assistance to respond to RFI's and technical submittal review
• Landscape Architecture
o Produce plans and specifications for landscaping of the trail, which will include boulder
placement, planting and irrigation if required
o Produce specifications, details and a bid sheet for the landscape component of the
design
• Public Outreach: Participate in 3 public outreach meetings
o I. Present conceptual ideas and receive comments
o 2. Present an advanced design, incorporating ideas from the first meeting and receive
comments
o 3. Do a final public presentation of the final design
• Construction Management and Inspection
o Assist the City with the bid process
o Provide construction management and inspection services for the full administration of
the construction of the project
o Wrap up the project, which will include dealing with punch-list items, produce full
documentation
Team
We propose using out head designer, Chuck Stephan, to manage the complete design, which will include
managing our geotechnical sub-consultant and specialist structural engineer. We propose teaming with
Withers and Sandgren for the landscape component of the work.
The overall management of the project will be undertaken by Alan Braatvedt
City of Rancho Palos Verdes
As-Needed Engineering Staff Assistance r I I/1 1/2014
FfflKOA CORPORATION
PLANNING & ENGINEERING
We propose using Mike Jenkins for the construction management of the project. However that
component of the project is several months away and the CM may be undertaken by Alan Braatvedt,
depending on Mike Jenkin's availability.
Resumes of the team members can provided should you require those.
Schedule
The team could be available to begin work on the project immediately after the execution of a contract
with the City of Rancho Palos Verdes and anticipate that the design development, including the public
outreach could be completed in about 3-months.
If the award for the design is made during October, construction could begin in late spring, immediately
after the rainy season, with final completion in early summer 2014.
City of Rancho Palos Verdes
As-Needed Engineering Staff Assistance 3 I I/1 1/2414
, .
pp-.. KOA CORPORATION
PLANNING & ENGINEERING
Cost Schedule
M I I t; I I r
_ I _ I I E
` ` v a v 1 I I z
I oo G i
Q Q 1 1
I c 1 i ._ a 1 m I o I u
DESCRIPTION a I Total
N
a=c ,. I C J I I I u
Iv I 2 4J I +± I p` I
`"
p of Q .a I 'u o
I I
U I S I I 17
I - I Q I I I
- 1 0 O '45- d 1 0 oI I w I -4
Design
Development of concept design 4 24 24 24 30 16 15,230
L ,_ l L L L
,
Public outreach 10 I 10 L 19 16 4 I 7,670
I I ———L——_1 -,,,1_ 7
Revise Concept Plans and exhibits 8 I 16 4 I 28 16 I 8,020
L L L L I L L L ,
Geotechnical investigation and produce a design recommendation report I I I I 1 I 20,000 I 20,000
Lt- L L L L L ,
Design the trail alignment i 16 ; I 32 I I I I I 6,240
Structural design:Bridge abutments,retaining-structuresL
i i 110 IL I L L I I 16,500
LProduce detailed design and bridge design criteria 8 i 16 I I I I I 3,120
I 1 1 I I 1
Final public presentation of the design I 5 5 I I I I 1 1,400
L T— 1 L L L L ,
Develop specifications and produce bid documentation 32 i I 32 I 6 40 2 I I 13,590
L - I I L L L ,
Produce an engineer's estimate of probable construction cost I 4 8 � � 4 8 I I 3,160
Design assistance 10 i 20 � i 14 i i I 5,370
— j
I 19 I 70 40 ` 110 I 155 I I I I 20,000 I 100,300
7 7 77 r -1 7 7 7
Construction Management:Bidding Process I I I I I I I I I
Assist the City with the bid process I I I 24 I I I I I I 3,360
_ L L—_—L—-- I L L L L ,
construction management and inspection 10 220 I I I I 32,400
----L---L---L--- I L L L ,
I 1
Wrap up the project I I I 32 i
1 II I I 1 4,480
_____-1-1 I I I I
0 I 0 I 24 0 I 0 I I I 0 I 40,240
I I I I
TOTAL FEE
140,540
Any work in excess of eight hours in one workday and any work in excess of 40 hours in one
workweek and the first eight hours worked on the seventh day of work in any one workweek shall be at
the rate of one and one-half times the regular rate of pay. Any work in excess of 12 hours in one day
and any work in excess of eight hours on any seventh day of a workweek shall be paid no less than
twice the regular rate of pay.
The proposal is valid for a ninety (90) day period.
Reimbursable Expenses
Project expenses will be kept to a minimum and are billed at cost plus ten percent (10%). Project
expenses include: Non-commuter automobile mileage ($0.565 per mile), postage and special courier
expenses, subsistence, reproduction, project related telephone, subcontractor services and other direct
project expenses as requested by the client. Should the client desire, phone and mileage may be
included in an hourly rate, which shall be negotiated and slightly higher than the billable rates indicated
above. We propose a not-to-exceed limit of$5,000 for those expenses.
City of Rancho Palos Verdes
As-Needed Engineering Staff Assistance 1 1/1 1/2014
PIP KOA
PLANNING & ENGINEERING
Authorization
The signature below indicates the Client has carefully reviewed this proposal and authorizes KOA to
proceed. Please return this authorization together with a copy of the complete proposal to our office.
Our work cannot commence until we receive this written authorization or an executed agreement.
City of Rancho Palos Verdes ("Client") has
carefully reviewed this proposal and hereby
authorizes KOA Corporation to commence work
as indicated within the terms and conditions of
this proposal.
Alan Braatvedt Date
V.P. of South Bay Operations Signature Date
KOA Corporation
Name (please print)
Title (please print)
City of Rancho Palos Verdes
As-Needed Engineering Staff Assistance 5 I I/11/2014
KOA CORPORATION
4 PLANNING & ENGINEERING
Hourly Billing Rates for Additional Work
Professional Engineering
&Management Services Hourly Billing Rate
0 Principal-In-Charge/Program Director $170.00
0 Senior Engineer 160.00
0 QA/QC Manager 155.00
0 Senior Project Manager 155.00
0 Construction Manager 135.00
0 Project Manager 135.00
0 Resident Engineer 125.00
0 Project Engineer 125.00
0 SWPPP Developer(QSD) 125.00
0 Assistant Construction Manager 115.00
0 Office Engineer 115.00
0 Design Engineer 115.00
0 Assistant Project Manager 105.00
0 Associate Engineer 105.00
0 Project Controls 105.00
0 SWPPP Practitioner(QSP) 100.00
0 Senior Construction Observer 100.00
0 Construction Observer 95.00
0 CAD Technician 90.00
0 Technician 85.00
0 Administrative&Clerical Support 75.00
Any work in excess of eight hours in one workday and any work in excess of 40 hours in one
workweek and the first eight hours worked on the seventh day of work in any one workweek shall
be at the rate of one and one-half times the regular rate of pay. Any work in excess of 12 hours in
one day and any work in excess of eight hours on any seventh day of a workweek shall be paid no
less than twice the regular rate of pay.
The proposal is valid for the duration of the project and until construction is completed.
Reimbursable expenses are included in the hourly rates.
Exhibit "B":
Los Angeles Country Regional Park and Open Space District Grant Application
submitted by the City of Rancho Palos Verdes
R6876-0001\1765734v2.doc Agreement for Design Professional Services
C I TY OF RANCHO PALOS VERDES
February 20, 2014 PUBLIC WORKS DEPARTMENT
Ms. Misha Hughes
Program Manager
LA County Regional Park & Open Space Dist.
510 S. Vermont Avenue
Los Angeles, CA 90020-1975
SUBJECT: SUNNYSIDE RIDGE TRAIL SEGMENT IMPROVEMENT
Dear Ms. Hughes:
Per your request, attached please find the City of Rancho Palos Verdes' excess
funds grant application in the amount of$300,000, for the Sunnyside Ridge Trail
Segment Improvement(Sunnyside) project. The following documents are
attached:
• Grant Application Form
• Cost estimate
• Project Timeline
The grant application form is signed by the new Director of Public Works, Michael
Throne.
We look forward to the County Board of Supervisors approval of grant funding for
this project in March. If you have any questions regarding the submitted grant
application documents, please contact me at (310) 544-5245, or e-mail me at:
Laurenr@rpv.com
Sincerely,
atAA-1
Lauren Rame an'
Sr. Administrative Analyst
Attachments: As Noted
cc: Michael Throne, Director of Public Works
Dennis McLean, Director of Finance
Siamak Motahari, Senior Engineer
File: Measure A Supervisorial Grant 2013
WALAURDAGRA30940 HAWTHORNE BOULEVARD v�nCHo(3�o013 VERDCSC',compet
p(�.�10g�544 5252�fAX(31�)544o5�292/WWW PALoSVERUES.COM/RPV
PRINTED ON RECYCLED PAPER
2/19/2014
EXHIBIT A
County of Los Angeles
Regional Park and Open Space District
Grant Application Form
This form and required attachments must be submitted for each project.
Project Name: For District Use Only
Sunnyside Ridge Trail Segment Grant Number: - -
Improvement (Sunnyside)
Program Manager:
Project Applicant: Proposition Section(s) Excess Funds
(Name of agency and mailing address)
Grant Amount Requested: $300,000
City of Rancho Palos Verdes Total Project Cost: $465,000
30940 Hawthorne Blvd. Source(s)of other funds: CIP Reserve
Rancho Palos Verdes, CA 90275
Project Address: Easement at 2477 Sunnyside Ridge Rd.
Adjacent to 2443 Sunnyside Ridge Rd.
Rancho Palos Verdes,CA 90275
Grant Applicant's Representative Authorized in Resolution:
Michael Throne Director of Public Works 310- 544-5252
Name Title Phone
Person with day-to-day responsibility for project(if different from authorized representative):
Lauren Ramezani Sr. Administrative Analyst 310-544-5245
Name Title Phone
Brief Description of Project:
The project's scope includes:
Creating a trail by constructing a retaining wall, installing screening elements,placing Decomposed Granite(DG)
at the trail entrance, installing railroad ties along the trails switch-backs,creating turnaround areas,and constructing
a bridge over the existing ravine.
Project Performance End Date: September 2015
For Development Projects-Land Tenure: For Acquisition Projects:
Project is approx.0.7 Acres. Project is acres.
Acres owned by Applicant(fee simple) Acquired in fee simple by Applicant
Acres available under a 30 year lease(from 1989; Acquired in other than fee simple(please explain)
Approx.0.7 Acres-Other (please explain)
Permanent PedestrianlEquestrian Easement
I certify that the information contained in this project application form,including the required attachments,is accurate and that
I have read and understand t e i portant information and assurances on the reverse side of this form.
WA'
Michael Throne,Director of Public Works reel/ 44 I 2 b
Signature of Applicant's Representative as shown in resolution. Date
revised 1/00
W.ILAURENIGRANTIMEASUR-A1201 3 supv compet grantslapplication forms sunnyside.xlsx
f f
Project Timeline
2013 Supervisorial County Excess Funds Grant
Sunnyside Ridge Trail Segment Improvement
City of Rancho Palos Verdes
Grant Amount: $300,000
PERMITS:
o City of Rancho Palos Verdes Building Permit (and possibly other permits) are required prior to
the construction.
LEASES, OPERATING AGREEMENTS:
o The property is a permanent pedestrian/equestrian easement on a vacated public land.
PROJECT TIME TABLE: Timeline
o Obtain City Council approval and project budget authorization June 2014
o Request for proposals, select consultant, award consultant
September 2014
contract
o Design Development (with the community), prepare final February 2015
construction plans & specifications
o Bid project, and award construction project April 2015
o Construction Complete September 2015
CEQA:
o CEQA will be processed through the City of Rancho Palos Verdes Community Development
Department for issuance of a Notice of Exemption.
W:ILAURENIGRANTIMEASUR-A12013 supv compet grantsltimeline.xlsx 2/19/2014
1/1,5/'LU14 EXHIBIT C-1
COST ESTIMATE*
Project: Sunnyside Ridge Trail Segment Improvement
Applicant: City of Rancho Palos Verdes Grant #:
PROJECT COSTS:
Other
ACQUISITION/CONSTRUCTION/DEVELOPMENT Grant Request Sources Total Amount
o Construction $250,000 $137,500 $387,500
Total Acquisition/Construction/Development Cost Subtotal $387,500
Other
OTHER PROJECT-RELATED COSTS Grant Request Sources Total Amount
o Consultant costs (includes: Surveying,
Geotechnical, Civil & Structural Engineering, $50,000 $27,500 $77,500
and Landscape Architecture)
Total Administration Cost Subtotal $77,500
Grand Total $465,000
FUNDING SOURCES SUMMARY Amount
o Proposition A- LA County Parks Grant $300,000
o City Funds (C1P Reserve) $165,000 *
TOTAL FUNDING SOURCES $465,000
* This is an estimate. The actual amount will be determined after the bid opening and the completion of the
project.
W:VAUREN\GRANT\MEASUR-A12013 supv compel grants\COSTESTMATE C-1.xlsx
2/19/2014
EXHIBIT A
County of Los Angeles
Regional Park and Open Space District
Grant Application Form
This form and required attachments must be submitted for each project.
!Project Name: For District Use only
Sunnyside Ridge Trail Segment Grant Number: -
Improvement (Sunnyside)
Program Manager:
Project Applicant: Proposition Section(s) Excess Funds
(Name of agency and mailing address)
Grant Amount Requested: $300,000
City of Rancho Palos Verdes Total Project Cost: $465,000
30940 Hawthorne Blvd. Source(s)of other funds: CIP Reserve
Rancho Palos Verdes, CA 90275
Project Address: Easement at 2477 Sunnyside Ridge Rd.
Adjacent to 2443 Sunnyside Ridge Rd.
Rancho Palos Verdes,CA 90275
Grant Applicant's Representative Authorized in Resolution:
Michael Throne Director of Public Works 310-544-5252
Name Title Phone
Person with day-to-day responsibility for project(if different from authorized representative):
Lauren Ramezani Sr. Administrative Analyst 310-544-5245
Name Title Phone
Brief Description of Project:
The project's scope includes:
Creating a trail by constructing a retaining wall, installing screening elements,placing Decomposed Granite(DO)
at the trail entrance, installing railroad ties along the trails switch-backs,creating turnaround areas, and constructing
a bridge over the existing ravine.
Project Performance End Date: September 2015
For Development Projects-Land Tenure: For Acquisition Projects:
Project is approx.0.7 Acres. Project is acres.
Acres owned by Applicant(fee simple) Acquired in fee simple by Applicant
Acres available under a 30 year lease(from 1989; Acquired in other than fee simple(please explain)
Approx.0.7 Acres-Other (please explain)
Permanent Pedestrian/Equestrian Easement
I certify that the information contained in this project application form,including the required attachments,is accurate and that
I have read and understand e i portant information and assurances on the reverse side of this form.
lakti4
Michael Throne,Director of Pu lic Works r.gbavAiLy 11 , 2 014
Signature of Applicant's Representative as shown in resolution. Date
revised 1/00
W:ILAUREN\GRANTIMEASUR-A12013 supv compet grantslapplicatlion forms sunnyside.xlsx
Project Timeline
2013 Supervisorial County Excess Funds Grant
Sunnyside Ridge Trail Segment Improvement
City of Rancho Palos Verdes
Grant Amount: $300,000
PERMITS:
o City of Rancho Palos Verdes Building Permit (and possibly other permits) are required prior to
the construction.
LEASES, OPERATING AGREEMENTS:
o The property is a permanent pedestrian/equestrian easement on a vacated public land.
PROJECT TIME TABLE: Timeline
o Obtain City Council approval and project budget authorization June 2014
o Request for proposals, select consultant, award consultant
September 2014
contract
o Design Development (with the community), prepare final February 2015
construction plans & specifications
o Bid project, and award construction project April 2015
o Construction Complete September 2015
CEQA:
o CEQA will be processed through the City of Rancho Palos Verdes Community Development
Department for issuance of a Notice of Exemption.
W:U.AURENIGRANT\MEASUR-A12013 supv compet grantsltimetine.xlsx 2/19/2014
2/18/2014 EXHIBIT C-1
COST ESTIMATE*
Project: Sunnyside Ridge Trail Segment Improvement
Applicant: City of Rancho Palos Verdes Grant #:
PROJECT COSTS:
Other
ACQUISITION/CONSTRUCTION/DEVELOPMENT Grant Request Sources Total Amount
o Construction $250,000 $137,500 $387,500
Total Acquisition/Construction/Development Cost Subtotal $387,500
Other
OTHER PROJECT-RELATED COSTS Grant Request Sources Total Amount
o Consultant costs (includes: Surveying,
Geotechnical, Civil & Structural Engineering, X50,000 • $27,500 $77,500
and Landscape Architecture)
Total Administration Cost Subtotal $77,500
Grand Total $465,000
FUNDING SOURCES SUMMARY Amount
o Proposition A- LA County Parks Grant $300,000
o City Funds (C1P Reserve) $165,000
TOTAL FUNDING SOURCES $465,000
*This is an estimate. The actual amount will be determined after the bid opening and the completion of the
project.
W:LLAUREN\GRANTNAEASUR-A12013 supv compet grantslCOSTESTAAATE C-1.xlsx
4
Exhibit "C":
Terms for Compliance with California Labor Law Requirements
1. Consultant acknowledges that the project as defined in this Agreement between
Consultant and the City, to which this Terms for Compliance with California Labor Law
Requirements is attached and incorporated by reference, is a "public work" as defined in
Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code
("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter
1, including without limitation California Labor Code Section 1771 and (b) the rules and
regulations established by the Director of Industrial Relations ("DIR") implementing such
statutes. Consultant shall perform all work on the project as a public work. Consultant shall
comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as
though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain
contracts. The inclusion of such specific provisions below, whether or not required by California
law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771.4, Contractor shall post job site notices, as
prescribed by regulation.
4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem
wages for each craft, classification, or type of worker needed to perform the Agreement are on
file at City Hall and will be made available to any interested party on request. Consultant
acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem
wages, and Consultant shall post such rates at each job site covered by this Agreement.
5. Consultant shall comply with and be bound by the provisions of Labor Code
Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and
the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City,
forfeit two hundred dollars ($200)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 or subconsultant.
6. Consultant shall comply with and be bound by the provisions of Labor Code
Section 1776, which requires Consultant and each subcontractor and subconsultant to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as specified
in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City of the location of the records.
7. Consultant shall comply with and be bound by the provisions of Labor Code
Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et
seq. concerning the employment of apprentices on public works projects. Consultant shall be
responsible for compliance with these aforementioned Sections for all apprenticeable
occupations. Prior to commencing work under this Agreement, Consultant shall provide City
with a copy of the information submitted to any applicable apprenticeship program. Within sixty
(60) days after concluding work pursuant to this Agreement, Consultant and each of its
subcontractors and subconsultants shall submit to the City a verified statement of the
journeyman and apprentice hours performed under this Agreement.
8. Consultant acknowledges that eight (8) hours labor constitutes a legal day's
work. Consultant shall comply with and be bound by Labor Code Section 1810. 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 twenty-five dollars ($25) for each worker employed in the performance of this Agreement
by the Consultant or by any subcontractor or subconsultant for each calendar day during which
such worker is required or permitted to work more than eight (8) hours in any one (1) calendar
R6876-0001\1765734v2.doc Agreement for Design Professional Services
day and forty (40) 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 hours per day, and 40 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 11/2 times the basic rate of pay.
9. Labor Code Sections 1860 and 3700 provide that every employer will be required
to secure the payment of compensation to its employees. In accordance with the provisions of
Labor Code Section 1861, Consultant hereby 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."
10. For every subcontractor or subconsultant who will perform work on the project,
Consultant shall be responsible for such subcontractor or subconsultant's compliance with
Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written
contract between it and each subcontractor or subconsultant a copy of those statutory
provisions and a requirement that each subcontractor and subconsultant shall comply with
those statutory provisions. Consultant shall be required to take all actions necessary to enforce
such contractual provisions and ensure each and every subcontractor and subconsultant's
compliance, including without limitation, conducting a periodic review of the certified payroll
records of the subcontractors and subconsultants, and upon becoming aware of the failure of a
subcontractor or subconsultant to pay its workers the specified prevailing rate of wages,
Consultant shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Consultant shall indemnify, hold
harmless and defend the City, the Los Angeles County Regional Park and Open Space District
(the "District"), and both of their officials, officers, employees, agents and independent
contractors serving in the role of City or District officials, and volunteers ("Indemnitees") from
and against any demand or claim, demand, compensation, cause of action, damage, injury,
liability, loss, cost, fine, penalty or expense, including without limitation the payment of all
consequential damages, attorneys' fees, and other related costs and expenses (collectively,
"Damages") or other amounts arising out of or incidental to any acts or omissions listed above
by any person or entity, including Consultant, its subcontractors and subconsultants, and all of
their officials, officers, employees and agents, in connection with any work undertaken or in
connection with the Agreement. Consultant shall defend Indemnitees from and against such
Damages with counsel of CITY choice (if defending the CITY or Indemnitees from the CITY),
District's choice (if defending Indemnitees from the District), and with counsel mutually chosen
by the CITY and the District (if defending Indemnitees from both the CITY and the District). All
duties of Consultant under this Section shall survive termination of the Agreement.
R6876-0001\1765734v2.doc Agreement for Design Professional Services