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
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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:
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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]
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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
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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
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I. COMPANY OVERVIEW 3
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:4 --' :i.4�'; , ib_1 I I -�.. 1 STAFFING PLAN. 9
5. INDIVIDUAL EXPERIENCE 10
6. PROJECT APPROACH 22
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/ //` 1q't �g.�Y G�' �' 8. PROJECT SCHEDULE ....... 30
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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
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The schedule will not be approved as the baseline until ' " u..,.
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we are satisfied that all issues are addressed. a> ,�
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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