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KOA Corporation (2013) San Ramon Canyon CITY OF RANCHO PALOS VERDES AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT TO AGREEMENT ("Amendment") is made and entered into this 19th day of August 2014, and amends the Agreement dated March 5, 2013 ("Agreement"), by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and KOA Corporation (hereafter referred to as "CONSULTANT") for CONSULTANT to provide additional services requested by CITY in connection with the San Ramon Canyon Stormwater Flood Reduction Project. IN CONSIDERATION of the covenants set forth herein, the parties hereto agree as follows: Section 1. Section 2.1 of the Agreement entitled Fee is hereby amended to read as follows: 2.1. Fee CITY agrees to compensate CONSULTANT an amount not to exceed eight hundred eleven thousand, eight hundred forty dollars and no cents ($811,840.00) for -services as described in Article 1. Section 2. Section 2.5 of the Agreement entitled Term of Agreement is hereby amended to read as follows: 2.5 Term of Agreement This Agreement shall commence on March 6, 2013, and shall terminate either thirty (30) days after filing of the Notice of Completion for the San Ramon Canyon Stormwater Flood Reduction Project, or on December 31, 2014, whichever occurs first, unless sooner terminated pursuant to Article 4 of this Agreement. Section 3. Except as expressly amended by this Amendment, all of the provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: g142-1/2i>14- KOA CORPORATION ("CONS ANT") By: Ahl-ado Printed Name: AL \,r Title: VicE: ae-s t cwt 86876-0001\1535197v2.doo S • By: Printed Name: Title: a2ii I 4......._ Dated: /.4/ CITY OF RANCHO PALOS VERDES ("CITY") rIt By. 4 a iii• ATTEST: . APPROVED AS TO FORM: By: I/,..,, ildiC___ CA By: City Cleric City Attorney R6876-0001\1535197v2.doc S i CITY OF RANCHO PALOS VERDES PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 5th day of March, 2013 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 (hereinafter "Project") is described as follows: CONSULTANT shall provide construction management and inspection services for the CITY's San Ramon Canyon Stormwater Flood Reduction Project. The CONSULTANT will represent the City in the management of the San Ramon Canyon Stormwater Flood Reduction Project and provide inspection of the work to ensure conformance with the plans and specifications and in compliance with the California Water Boards (Los Angeles Regional Water Quality Control Board), the Department of Fish and Game, the California Coastal Commission, the Department of the Army (Los Angeles District, Corps of Engineers), the Department of Water Resources and all other requirements during the construction of the San Ramon Canyon Stormwater Flood Reduction Project. 1.2 Description of Services CONSULTANT shall: provide general management and oversight of the San Ramon Canyon Stormwater Flood Reduction Project, including the management of the budget, negotiating the cost of changes to the scope, reviewing and approving the payment applications and producing the final invoice; schedule management, the compilation of progress reports and all reporting to the various agencies, processing and reviewing submittals and requests for information; provide technical assistance to solve problems; conducting regular meetings; and all other management functions. The inspection will include ensuring conformance with all plans and specifications, maintaining an accurate, detailed log of the work performed, oversight to ensure compliance with safety practices and SWPPP requirements. CONSULTANT is responsible for accurate and effective communication and record-keeping. These services are more fully described in CONSULTANT's Proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any incorporated documents, the terms of this Agreement shall control. Page 1 of12 R6876-0001\1535197v2.doc Agreement for Professional Services • r 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/contractors, 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 six hundred and forty thousand eight hundred and forty dollars and no cents ($640,840.00) for services as described in Article 1. 2.2 Payment Address All payments due CONSULTANT shall be paid to: KOA Corporation, 1411 W. 190th Street, Suite 525 Gardena, CA 90248 2.3 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. Page 2 of 12 R6876-0001\1535197v2.doc Agreement for Professional Services 2.4 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 Schedule of Hourly Rates, which is within Exhibit "A". The rates in Exhibit "A" shall be in effect through the end of this Agreement. 2.5 Term of Agreement This Agreement shall commence on March 6, 2013 and shall terminate either thirty (30) days after filing of the Notice of Completion for San Ramon Canyon Stormwater Flood Reduction Project, or on October 14, 2014 whichever occurs soonest, 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 extent allowed by law, CONSULTANT shall hold harmless and indemnify CITY, and its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and designated volunteers (collectively, "Indemnitees"), with 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 injury to any property, which arise out of, 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, 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 extent allowed 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, 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, as determined by final arbitration or court decision or by the agreement of the parties. CONSULTANT shall defend Indemnitees Page 3 of 12 R6876-000111535197v2.doc Agreement for Professional Services in any action or actions filed in connection with any such Damages with counsel of CITY's choice, 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 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. 3.3 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 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 Page 4 of 12 86876-0001\1535197v2.doc Agreement for Professional Services • one incident. 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 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, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSULTANT shall provide immediate notice to the City if it receives a cancellation or policy revision notice from the insurer. (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, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon. 3.7 Certificate of Insurance At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CITY, its officers, agents and employees as additional insureds. 3.8 Primary Coverage The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. 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) This Agreement may be terminated at any time, with or without cause, by the CITY upon thirty (30) days prior written notice. This Agreement may be terminated by CONSULTANT only for cause upon ninety (90) days prior written notice. Page 5 of 12 R6876-000111535197v2.doc Agreement for Professional Services Notice shall be deemed served if completed in compliance with Section 6.14. (b) 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 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 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. Page 6 of 12 R6876-0001\1535197v2.doc Agreement for Professional Services 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. 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 1992 (42 U.S.C. § 11200, et seq.). 6.3 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 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 Page 7 of 12 R6876-0001\1535197v2.doc Agreement for Professional Services Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall CONSULTANT be responsible for its associates and subcontractors' services. 6.4 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. 6.5 Conflicts of Interest 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. 6.6 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 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. Page 8 of 12 R6876-000111535197v2.doc Agreement for Professional Services 6.7 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 for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance. 6.8 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. 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. 6.9 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. Page 9 of 12 R6876-000111535197v2.doc Agreement for Professional Services 6.10 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. 6.11 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. 6.12 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. 6.13 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. 6.14 Notice Except as otherwise required by law, any 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 CONSULTANT's or 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: Page 10 of 12 R6876-0001\1535197v2.doc Agreement for Professional Services To CITY: Les Jones, Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSULTANT: Chuck Stephan KOA Corporation, 1411 W. 190th Street, Suite 525 Gardena, CA 90248 [Signatures on next page] Page 11 of 12 R6876-O00111535197v2.doc Agreement for Professional Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: 5 i i 3 KOA COIPO" •TI•N u ( GUNS T• NT" By: Punted Name: 0- Y—e19/4(1 — Title: By: •• Printed Name: ALAN t Title: \ji C- CP.ZeL?J Dated: 4CITY OF RANCHO PALOS VERDES ("CITY") $y• Mayor ATTEST: APPROVED AS TO FORM: By: /14 By: City Clerk City Attorney Page 12 of 12 R6876-000111535197v2.doc Agreement for Professional Services r Exhibit "A": Consultant's Proposal, including Schedule of Hourly Rates Exhibit "A" R6876-0001115351 97v2.doc KOA CORPoRATION1411 W. 190thSSuite 525 Gardena,CA 90248 r PLANNING&ENGINEERING t:310.329.0102 f:310.329.1021 www.koacorporation.com January 17, 2013 City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Blvd Rancho Palos Verdes,CA 90275 Attention: Ron Dragoo RE: Proposal for Construction Management Services for Sam Ramon Canyon Storm Drain Installation Dear Mr. Dragoo: KOA Corporation ("KOA") doing business as CBM Consulting, Inc. ("CBM"), appreciates the opportunity to submit this proposal to the City of Rancho Palos Verdes ("RPV") for Construction Management and inspection services for the San Ramon Canyon Storm Drainage Project. CBM has the expertise and resources required to effectively manage the project and deliver it for the City of Rancho Palos Verdes in a timely and efficient manner. We are committed to working seamlessly with your staff and project team to ensure the successful delivery of this project. The CBM team, our project systems, and our entire management structure are geared to providing flexible services to agencies such as yours. Descriptions of similar projects and respective references for these projects are included in our proposal. We assure that our key personnel will be assigned to the project for its duration and will not be removed or replaced by us without concurrence from the RPV. Every member of our proposed team is available to be committed to the projects assigned to us beginning the start date. Alan Braatvedt will be the Management Contact and Project Manager for this contract. The contract would be managed though the South Bay office at 141 I W. 190th Street, Suite 525,Gardena, CA,90248; Phone: 310.329.0102; Fax: 310.329.1021; Email: alanb@koacorporation.com. Thank you for this opportunity to offer our services to the RPV. Should you have questions during the selection process, please contact me at 310.329.0102. KOA maintains and will provide insurance meeting the City of Rancho Palos Verdes required insurance provisions. KOA has reviewed and accepted all terms and conditions set fourth in the RFP. Per the RFP,a Cost Proposal has been provided in a separately sealed envelope. Sincerely, KOA Corporation Alan Braatvedt Vice President LOS ANGELES ONTARIO ORANGE SAN DIEGO SOUTH BAY City of Rancho Palos Verdes San Ramon Canyon Storm Drain Installation Table of Contents - - Proposal for Construction Management Services SAN RAMON CANYON STORM DRAIN INSTALLATION CITY OF RANCHO PALOS VERDES ,4. „ . ivir air, I. COMPANY OVERVIEW 3 y i /' 2. FIRM EXPERIENCE 4 �;, i . ; ;, illF%4 -- ,, - 3. CLIENT REFERENCES $ 4 ;Ili ii irkti } 4.ORGANIZATION CHART... 9 :4 --' :i.4�'; , ib_1 I I -�.. 1 STAFFING PLAN. 9 5. INDIVIDUAL EXPERIENCE 10 6. PROJECT APPROACH 22 ,�. /' � �� ter., ,, ,{ � ,/.'',,,-;44;,,�y 7.SCOPE OF WORK 24 / //` 1q't �g.�Y G�' �' 8. PROJECT SCHEDULE ....... 30 ....,.,' 1:,1, 5;Z: '..� N%.4 S� '//4 e"7",•'4,-,,,,, - doe".... k/_,,,,,,I4Ars'4,' L,.... ..... . ,, 74' ,ri �� rk'., • / --,,",,,,,/,','�.R•fir y � � 1 1, 1,E ,,,,,,,,,- „,i-47- .v�f '� J.■ 1 �.� r ,.........../..,. ..................... 009:-, , _ _ .........._, ...,, of” --------------...- ....-- , ,. ....,„., r',"'" ;"' ",„; . ,,..,.'',.."..i -."'•' ',14,,,,,,,0 .....! 't ''''''''' ,:-r:/ " 14,CIV,Ii '-'-....4r- ..._ i ' ji:';'''' iY..r.n♦'. t{ IIM KOA CORPORATION PLANNING&ENGINEERING Page 2 City of Rancho Palos Verdes Section 6 San Ramon Canyon Storm Drain installation Project Approach 6. Project Approach KOA is intimately familiar with the conditions in the project area,the project design and access limiting issues.We fully understand that this is a complex project with the potential for conflict and, therefore, have put together the best team with the right knowledge and ability to address all of the issues that could potentially arise. Our particular strengths lie in knowledge of all aspects of the project: Understanding the intent of all aspects of the design, extensive scheduling, and documentation skills and experience in similar projects. The nature of the project is such that there is a fairly high probability of claims for one or another reason. The Assistant Construction manager that we are proposing for the project is a claims expert, who clearly understands the value of documentation, but more importantly what and how to proactively document for the most effective defense. KOA's firmly believes that the best approach on this complex project is to work as a team with contractor, with clear boundaries and to always be ready to ensure that the City's best interests are always paramount. With our knowledge of all aspects of the project, insight of the many logistical issues and knowledge of the conditions on the peninsular, we are fully prepared to manage the project in such a way that we persuade the contractor to make the correct and timely decisions in the best interest of the project. The logistic issues include:Timely delivery of pipe; Movement of materials:Access to the beach;Craning into Shoreline Park from 25th Street Transporting materials and equipment from 25th Street embankment to the bluff-top;Access through PV Shores; Access to the inlet Structure; Placing material in the canyon and Accessing the inlet structure inside the canyon. With the large number of component parts of the project we expect to find numerous unforeseen conditions, but are confident that our knowledge the project and conditions, we will be ready for all challenges, what ever they may be. Our big-picture view will enable us to keep a tight rein on the contractor during the designed construction activities and any changes to the scope as a result of unforeseen conditions. We are fully aware of the numerous Permitting Agencies and their conditions and will maintain concise records to satisfy all aspects of their requirements. In addition we will provide all information required for the funding agency and comply with their reporting schedule. We understand that a Funding Consultant will monitor the project and generate reports, so will work closely with them to provide all information that they need. As this is the largest Civil Engineering project that the City has ever undertaken and is a high profile project, our project team will provide all the support and information to equip City Staff with the most up-to-date and accurate information to enable them to communicate progress on the project to all stakeholders and interested parties. In addition,our team would be happy to make presentations to City Council or other bodies if Staff calls on us to do so. The other jurisdictions and affected bodies associated with the project include the City of Los Angeles, The Los Angeles County, Harbors and Beaches, PV Shores Mobile Home Park and private home KOA CORPORATION PLANN1h O a tt4QINr(RINO Page 22 City of Rancho Palos Verdes Section 6 San Ramon Canyon Storm Drain Installation Project Approach owners. We are fully prepared to engage these parties and provide conduct any form of outreach that the City believes to be appropriate. KOA has worked on numerous projects in the City and Alan Braatvedt has worked extensively on major Rancho Palos Verdes projects since 2004 and is very familiar with the way that the City operates and would welcome the opportunity to continue to do so by working on the construction of this exciting project. KOA CORPORATION PLA NINC0'6 ENofNEERU1GG Page 23 City of Rancho Palos Verdes Section 7 San Ramon Canyon Storm Drain Installation Scope of Work 7. Scope of Work KOA will represent the City by overseeing the contractor's work to ensure that the project is constructed as intended in compliance with the plans and specification. We will manage the contract budget and schedule in the best interest of the City, maintain complete and accurate records, comply with all permitting agencies and stakeholders requirements and constantly supply the City's Project Manager with up to date information. In addition to the oversight and guidance that that the CMllnspection team will provide the project, KOA will manage the contractor using systems that are tried and tested, but which will be modified to suit the San Ramon Project. The management functions that KOA will perform will include the following: Safety:, San Ramon is a project that has a higher than normal risk in most of the numerous operations and so an added emphasis will be placed on safety. KOA always considers safety the most important issue on any construction project and will require the contractor to have competent safety personnel and site specific safety programs employed on the projects at all times. KOA will monitor the contractor's operations for compliance with the project safety requirements. Pre-construction Conference:KOA will coordinate and conduct the Pre-Construction Meeting including notification to contractor, utility agencies, and other stakeholders, and prepare the meeting agenda and minutes. The meeting will include the normal contractual items such as: Confirmation of fully-executed Contract Documents and Notice to Proceed; Establishment of Contract Time and Completion Dates; Review of Working Day definition and holiday schedule: Chain of communication & key contacts and will also specifically address: • City responsibilities • Safety • Public Relations • The scope will be discussed and clearly defined • Critical design elements, schedule and cost factors will be discussed • Experience of individuals in key roles in the project will be discussed • Past project experiences will be discussed to identify potential pitfalls • Jurisdictional agencies and the Contractor • Discussion of Master Schedule • Sub-contracts • Documentation and tracking controls • Change order procedures • Scope,schedule and cost change administration, notification requirements&controls • Submittal and RFI Process • Identify long lead and any substitution and or-equal items • Testing--review call-out requirements and deputy/special &testing requirements IPIA KOA CORPORATION PEANN1'Q d,ENOINIEEA[Nii Page 24 City of Rancho Palos Verdes Section 7 San Ramon Canyon Storm Drain Installation Scope of Work • Progress payment procedures • Labor compliance • Traffic controls,staging of trucks and material handling • Easements and special access considerations • Placement of signs KOA considers the pre-construction meeting as progress meeting#1.All items discussed are designated as "open" or "closed". All open items are carried forward to subsequent progress meetings until resolved and closed. Action items are assigned a specific responsible party and a deadline for resolution. KOA will also conduct all site meetings. Pre-construction meeting and site meeting minutes will be distributed to meeting participants and to courtesy recipients identified by the City. Daily Construction Observation Reports: KOA will compile daily observation reports documenting the contractor's workforce, material and equipment, a summary of construction activities, field problems, disputes or claims, resolutions of issues and directions given to the contractor. Periodic Progress Reports: KOA will cooperatively develop, with the Project Stakeholders, the format and information required for reports from time to time during the construction phase. It is anticipated that the reports will include the following information: • Summarized report of construction activities including significant events and accomplished goals • Description of progress with photos to enhance the descriptions • Description of equipment used • Comparison of Actual vs. Planned Progress, in narrative form and bar graph form • The latest detailed 4 Week Look Ahead Schedule submitted by the Contractor and reviewed by KOA • Identification and discussion of current problems or pending change orders and actions taken or planned to resolve such issues • A discussion of new short and long term goals for the project • A comparison of Actual vs.Planned budget expenditures • A Master Trend Log detailing potential and approved changes • Report of progress payments made to date and invoices in process • Labor Compliance Reports for Contractor and Subcontractor employees • A QA/QC section prepared by the Team addressing testing and regulatory compliance issues • An analysis of change order impacts or potential problems on schedule and budget Submittal Processing: KOA will track all correspondence and submittals on this project. KOA will receive all Contractor submittals and review them for completeness and general conformance with the contract documents.All shop drawings, samples and other submittals received from the Contractor will be logged in and routed to the City and the Architect. Responses will be logged in and transmitted to the Contractor. Submittals will be tracked throughout the project to ensure timely response and avoid delaying progress. KOA will recommend key contractual requirements for the Contractor to clearly indicate submittal processing requirements in the project schedule. Submittal comments will be monitored to identify potential impacts to quality, cost or schedule, with recommended alternatives and/or solutions. MKOA CORPORATION PLANNfNQ ti fNG1NEEXING Page 25 City of Rancho Palos Verdes Section 7 San Ramon Canyon Storm Drain Installation Scope of Work RFD's: Upon receipt, KOA will log, distribute and respond to each Request for Information (RFI) as required. It is anticipated that most will be handled upon receipt. However, in the event that the design engineer or the City staff are required to answer questions,the project manager will coordinate a timely resolution. KOA will identify potential impacts to cost or time that may result due to issues identified in RFIs, with recommended alternatives or solutions to mitigate the potential impacts. Weekly Statement of Working Days: KOA will prepare a weekly statement of working days documenting the construction progress, time of completion, delays and time extensions, and submit to Contractor and the City on a weekly basis. The weekly statement of working days is typically discussed and agreed upon at each progress meeting and transmitted as an attachment to the minutes. Problems and Solutions: KOA'S proactive approach serves to anticipate and expeditiously resolve field problems. Our team is well trained in problem solving. All issues are processed with a sense of urgency and presented to the City with suggested alternatives, cost and schedule impacts and recommended solutions. KOA will quickly implement the alternative, which suits the best interests of the project and the City. KOA will effectively and expeditiously communicate with City staff, Design Consultants and the Contractor to identify conflicts construction problems, coordination issues, and will obtain the needed action and response to submittals and RFI's. Document Tracking System: Item Method Frequency Complete and current project Master Project Schedule MS Project or Primavera Monthly 4 Week look Ahead Schedule MS Project or Primavera Weekly files shall be kept at the job site, Correspondence Expedition Daily or at a location agreeable to the Correspondence Backup&Retrieval Expedition Logged a Scanned Daily City, and shall be available to SubmittaisIRFl`5IRFQ'a Expedition Daily Meeting Minutes Expedition Each meeting the City at all times. These files Master Project Budget MSExcel Logs and/or Expedition Monthly will consist of the contract, Progress pent Expedition Monthly correspondence relating to or Change Order Processing MSExcel,and Expedition Monthly Mime&Material Work Microsoft Excel T&M Logs Daily modifying the contract, Daily Diary Field forms and Expedition Daily Contract Time/Weekly Statement of MSExcel Form&Expedition proposal requests, clarifications, Working Days Meeting Minutes Weekly permits, logs, reports, RFI's, SWPP I BMP Compliance MSExcel Form or Expedition Weekly Public Relations Inquiries Expedition Punchi;st Continuously until field orders, change orders, resolved As-built Drawings Expedition Logged Monthly claims inspection reports, test Photo&Video imageXS Daily/As-needed reports, etc. Monthly!periodic as 1�Q�1 has a Progress Reports MS Publisher Or Website needed detailed file indexing system for Project Contacts Expedition Daily Pr ject Calendar Commence or Office Clip Daily all project hard files, and a contract administration database that will be customized for the San Ramon Project. KOA has developed customized forms, reports database structure, and work breakdown structure, well suited for this project. We will adapt our system to the specific needs of the project, to monitor, track and control the project. This detailed tracking system will enable us to provide an accurate assessment of the progress to the City with recommendations to maintain or improve adherence to the approved project schedule.The table to the right details the systems available to the project and the frequency of updates for the related processes&documents, • Schedule Review: KOA is intimately familiar with all mainstream scheduling software utilized by the public works contracting industry. KOA will review the baseline construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for MI KOA CORPORATION PLANNING twciUtttiNG Page 26 City of Rancho Palos Verdes Section 7 San Ramon Canyon Storm Drain Installation Scope of Work products with long lead-times. The KOA team ,_ ,..r•.......•......01. ....11.e..IA,i,}, Y will evaluate the baseline project schedule for Q oo a:, 4"',6 ---;Ac,.4R,;, detail showing flag dates, delivery schedules for key materials, Logical sequence and activity ' -�.6,►►,..► »* durations, la OAK accuracy, consistency •~7 ' r c,��,„�, , and the �M -, � trz. identification of the critical path and project float a '►'1 i,, ,,� 1 t,er.cdeWald • The schedule will not be approved as the baseline until ' " u..,. '. feint**wild. »; we are satisfied that all issues are addressed. a> ,� �. 41 Gp.page s• Norm ': *hos.. $ Schedule Control: During the progress of construction, 4; AnKAINW,Atpe KOA will compare the contractor's monthly schedule ;gas a updates to the baseline schedule and any approved time extensions, note any shortcomings and monitor and track corrections by the Contractor to keep the Project Schedule on track. A 4-week look ahead will be required from the contractor, updated weekly and presented at the weekly construction progress meetings. This tool will keep the entire team looking one-month ahead of the project and will facilitate proactive handling of project activities and issues.If necessary,KOA will negotiate time extensions due to change orders or other delays. Photographs,; Prepare and maintain an electronic photo journal documenting the construction progress. Photos shall be taken before construction begins, during construction and upon completion of the project. Contract Conformance: KOA's full-time Construction Inspector will be present on site whenever the contractor is working, no matter what time of day to watch all construction activities and to verify that all work conforms to contract requirements. Deputy and special inspection, materials sampling and testing, which will be undertaken by Ninyo & Moore, will be coordinated by KOA and provided as required. KOA will reject all non-conforming work and will see that remedial action is taken. Rejected work will be thoroughly documented, photographed, and tracked until repaired or replaced to the satisfaction of the City. Safe Conditions: KOA will monitor project work and adjacent areas for unsafe conditions, promptly require corrective measures to be addressed by the Contractor in compliance with the contract documents and report such issues and corrective measures taken to the City. SWPPP: KOA will enforce all provisions of the Storm Water Pollution Prevention Plan. At a minimum SWPPP requirements will be monitored and a specific SWPPP Checklist will be compiled. Any deficiencies noted will be addressed with the contractor for immediate remedy. The project could be particularly vulnerable in the event of a storm, so weather reports will be closely monitored and if rain is anticipated the whole site will be closely scrutinized and ensure that SWPPP measures are in place and well maintained. Materials and Workmanship: KOA will approve work that meets all material and workmanship requirements. KOA CORPORATION PiANNINQ b ENOiNEER1NG Page 27 City of Rancho Palos Verdes Section 7 San Ramon Canyon Storm Drain Installation Scope of Work Documentation Interpretation & Technical Assistance: KOA will perform the coordination and expediting between the contractor and design team when necessary and keep City Staff in the loop. Timely,firm and fair determinations will be processed to minimize cost and time impacts to the project change Qrders: KOA will establish, implement and coordinate systems for processing all contract change orders. Each issue,which is identified as a potential change to the design, scope, cost or contract time will generate change notice. KOA will determine whether or not a change notice should be considered. The plans and specifications will be reviewed against the change notice. If the issue does not appear to be included in the plans or specifications, a Request for Quotation (RFQ) will be sent to the Contractor. Any credits for work deleted as a result of the change will be required at this time as well. The contractor's response to the RFQ will be evaluated for reasonableness and completeness. KOA will maintain a Trend Log, listing potential changes as identified, either formally or informally. This Trend Log shall be used such that potential change items are not overlooked or deferred until the end of the job. KOA will prepare independent cost estimates as required for contract change orders. Upon approval by the City, KOA will prepare, log and process change orders for full execution, and administer their implementation. Once fully executed. KOA will review the timely completion of the work and coordinate inclusion of the change order in the appropriate payment application. Change Management/Claims resolution: KOA will implement its time tested claims management process to minimize changes to the project and avoid claims such that the project can be quickly and successfully closed out. KOA has done so on over $1 billion worth of public projects with no unresolved claims. The basis for KOA procedures is a well organized documentation system, a keen understanding of the construction process, exceptionally qualified staff and fair and firm negotiations. KOA will not defer difficult issues and will process only change issues that have been analyzed and determined to have merit. Those items will only be recommended for consideration when the most reasonable cost and time has been negotiated and all alternatives to avoid the impact have been resolved. Daily Extra Work Reports: KOA will verify and sign contractor's daily extra work reports documenting force account (time & materials) work. In particular, KOA will monitor that only appropriate worker classifications necessary for approved time and materials work is included on extra work reports. Any inappropriate workforce and/or equipment charges will be promptly rejected and removed from extra work reports. Progress Payment Processing: A cost control system, based on the Contractor's schedule of values, approved change orders and the contract amount shall be developed and implemented to monitor progress costs, Monthly cost reports will be submitted to the City as a component of the Monthly Progress Report. KOA will review the payment applications submitted by the contractor and determine whether the amount requested reflects the progress of the contractor's work. Appropriate adjustments to each payment application will be required by the contractor. When the payment application is acceptable and all backup documentation is verified (certified payrolls, lien releases, etc.), KOA will prepare and forward to the City a Progress Payment Report. The Report shall state the total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. The KOA team is experienced evaluating complex pay applications. it is critical to the City's PMKOA CORPORATION rt..*a ENGINEERING Page 28 City of Rancho Palos Verdes Section 7 San Ramon Canyon Storm Drain Installation Scope of Work best interest that payment application review be performed accurately and prudently to maintain the prime and subcontractor incentives to perform on the projects. • Field Meetings: Weekly Progress Meetings will be mandatory for the Contractor and staff, and optional for City staff. Discussions will focus on the following items: • Contractor's detailed 4 week look-ahead schedule • Progress and major decisions during the last week • Update of unresolved items from previous meetings • Status of submittals, RFIs and change orders Special Meetings will be scheduled as needed to discuss important issues or which require detailed discussion or review of plans and specifications. These meetings will follow the weekly meeting to reduce trips, if issues are not urgent. Written Instruction: KOA will Issue written instructions to contractor regarding routine matters and/or follow-up of verbal instructions as necessary to properly document project issues. Plans.Specs and As-Builts:At a minimum, KOA will periodically review the Contractor's as-built updates on the approved job plan set, identify missing items and require the Contractor to keep as-built records up to date throughout the project. At the end of the project the final as-built plans will be submitted the City within thirty days of construction completion. Pre-Final Inspection:The nature of this project is such,that portions of work will be completed prior to the completion of the whole project, so portions of the project will be inspected and released for operation once deficiencies have been addressed. Construction Manager and Construction Observer will perform the final job walk and prepare the punchlist (deficiency list) for the overall completion of the project and take action to ensure that the deficiencies are addressed. Final lnspecti9n:All corrections must be made before KOA recommends processing of the "Notice of Completion". Upon completion of the punchlist and final sign off by all project stakeholders, KOA will make recommendation to City regarding Contractors final progress payment request and prepare final progress payment report for submission to City. Delivery of As-wilts and close-out documents: KOA will review "as-constructed" plans and prepare "as-constructed" reports. KOA will assist the Contractor in maintaining a field set of"as-constructed" plans to be updated daily and delivered to the City upon project completion. KOA will continually document changed field conditions and not rely on the Contractor to document "as-constructed" conditions. The will report and photograph field condition changes. The CM will document and keep these"as-constructed"conditions on plans in his office. KOA will review the Contractor's submittal of "as-constructed" conditions and compare this submittal to KOA's own documentation. Discrepancies will be discussed, resolved and recorded. Completed "as-constructed" plans will be submitted to the City. KOA will perform closeout duties including final organization of project files and submit to the City for final approval, and assist with the filing of the notice of completion and release of retention. KOA CORPORATION PtAt,,,,,,G t.eNGINEERtNG Page 29 City of Rancho Palos Verdes Section 8 San Ramon Canyon Storm Drain Installation Project Schedule 8. Project Schedule The bid documents call for a 250-working day schedule for the project. KOA anticipates involvement from the Construction Manager and assistant CM for a week prior to the commencement of the project to set up systems, prepare for the pre-construction meeting and start the ball rolling for other pre- construction activities. The nature of the project is such that the biggest components of the project, which is the tunneling; complete pipeline; inlet structure and outlet structure, need to be 100% complete before the filling of the canyon can proceed. Because of that, those portions of the contract will be buttoned up and handed over to the City long before the end of the project, leaving a relatively small remaining component, which will continue for some time. This means that the final wrap of the project should be easier than on typical projects, which will require the CM and assistant CM only for one week beyond the construction completion to finalize the project. The construction inspector will only be required for the duration of construction, KOA believes that the project will require full-time effort from both a CM and assistant CM for the start-up of the project, lasting a couple of months, before being able to cut back the CM roll to 3-days a week. If the project requires more time from both people, it will definitely be provided. The final document hand-over package should hopefully be completed one week after the completion of construction. M4KOA CORPORATION P ANNINO 5 I 4ttR NC• Page 30 4 City of Rancho Palos Verdes San Ramon Canyon Storm Drain Installation Fee Proposal Fee Estimate KOA will perform the work specified as shown in the enclosed fee table. DURATION Dire ct TASK PROJECT TEAM (HOURS) QTY UNIT RATE Costs($) SUBTOTAL Project Construction Manager 28 52 Weeks $ 140.00 $ 203,840 Duration Assistant CM/Office Engineer 40 52 Weeks $ 125.00 $ 260,000 Project Inspector 40 50 Weeks $ 85.00 $ 170,000 Clerical Support 2 50 Weeks $ 70.00 v +$ 7,000 I Grand Total $ 640,8401 Project expenses are included in the hourly rate. These rates are dependent on Prevailing Wage rates as determined by the Director of the Department of Industrial Relations. Interim changes will negate these rates and an adjusted fee schedule will be issued,and shall apply should this occur. 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. Rates are subject to an annual 5%adjustment. January 1, 2014 Work Scope Assumptions • The level of effort and fee estimate detailed above is based on KOA's proposed scope of services delivered over the contract time set forth in the construction bid documents. • The fee assumes that construction phase services begin and end within the contract completion time. • The fee estimate assumes KOA will perform activities from the South Bay office in Gardena, CA with requisite site visits. No onsite facilities, furniture,utilities or equipment are included in the fee. • Soils inspection and testing, deputy and special inspection and testing, and/or QAlcontrol surveying are excluded from the fee proposal. KOA will coordinate these services performed by others unless otherwise desired by the City. KOA CORPORATION Page I t rtANNrNG 6 Et.GiNEEklt'ti 1/17/2013