CC SR 20160301 H - KOA On-Call Professional ServicesRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 03/01/2016
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to award a professional services contract to KOA
Corporation for on-call professional services.
RECOMMENDED COUNCIL ACTION:
(1) Consider awarding a contract for on-call professional services to KOA
Corporation;
(2) Authorize the expenditure of up to $60,000 for the remainder of FY 2015-16 with
a not -to -exceed amount of $25,000 for any single project; and,
(3) Authorize the Mayor and City Clerk to execute the agreement, subject to
approval as to form by the City Attorney.
FISCAL IMPACT: None.
Amount Budgeted: $60,000
Additional Appropriation: N/A
Account Number(s): Various
ORIGINATED BY: Ron Dragoo, PE, Principal Civil Engineer k
REVIEWED BY: Michael Throne, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Statement of Qualifications & Schedule of Fees (page A-1)
B. Professional Services Contract with KOA Corporation (page B-1)
BACKGROUND AND DISCUSSION: The Public Works Department relies on
contracted professional services for engineering design, inspection, and assistance with
project and contract management.
Currently, there are sixteen (16) firms who have executed contracts with and are
authorized to perform on-call services for the City. With the addition of KOA
Corporation (KOA), Staff will have additional capabilities to complete City projects. If
Staff's recommendations are accepted, a total of seventeen (17) firms will be available
to provide on-call services. This on-call contract will remain effective through the end of
the current fiscal year.
As a control measure and in the interest of equity, the cumulative contract amount for
on-call contractors is limited to $60,000 for the fiscal year, and each single project
awarded to a firm will be less than $25,000. The one exception is that on-call services
1
that are reimbursed from a trust deposit (funded by a project applicant) will not count
toward the maximum annual project amounts. Funds needed for any of the on-call
services provided through this contract are budgeted in various programs in the adopted
FY15-16 budget. If the Council approves awarding a contract for on-call professional
services to KOA, Staff will request a proposal from KOA with an estimate for the time
and costs for projects. Staff manages the work awarded through the on-call service
contracts, ensuring funds awarded remain within budgeted amounts.
ADDITIONAL INFORMATION:
Staff has verified KOA's references and found their past performance to be satisfactory.
The firm has previously performed professional services for the City, references have
been checked, and they have the proficiency and experience to provide the requisite
services. KOA has the capability to assist the City with municipal engineering design,
traffic engineering, project management, construction management and providing
inspection services.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are
available for the City Council's consideration:
Reject the professional services contract with KOA, and direct Staff to
pursue other methods to accomplish engineering and project
management work.
2
Attachment A
Statement of Qualifications &
Schedule of Fees
A-1
KOA CORPORATION
PLANNING �� CNGINCCR.ING
February 19, 2016
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: Ron Dragoo
RE: On -Call: Project Management / Construction Management / Municipal Design / Traffic
Engineering / Inspection Service — Statement of Qualifications
Dear Mr. Dragoo:
KOA Corporation ("KOA") appreciates the opportunity to submit this Statement of Qualifications to the
City of Rancho Palos Verdes to provide Professional Services for the City, working on a variety of projects.
The KOA team, our project systems, and our entire management structure are geared to providing flexible
services to agencies such as yours. We assure that our key personnel assigned to provide services, will
continue to do so for its duration of the task and will not be removed or replaced by us without
concurrence from the City of Rancho Palos Verdes.
Alan Braatvedt will be the Management Contact and Project Manager for this contract. The contract
would be managed though the CM Division office at 1100 Corporate Center Drive, Suite 201, Monterey
Park, CA 91754; Phone: 310.329.0102; Email: alanb@l<oacorp.com. Thank you for this opportunity to
offer our services to the City of Rancho Palos Verdes. Should you have questions during the selection
process, please contact me at 310.525.0684.
Sincerely,
KOA Corporation
14....Y rQv
Alan Braatvedt
V.P. of PM/CM Division
City of Rancho Palos Verdes
On -Call PM Services 3 2/23/2016
A-2
1.0 COMPANY PROFILE
Founded in 1987, KOA Corporation (KOA) is one of the leading multi -
disciplined engineering consulting firms providing transportation planning,
civil engineering design, project management, construction management
and observation in Southern California. KOA provides consulting services
to both public and private sectors, and has six offices to serve our
California clients. With about 100 employees, our staff includes
transportation planners and California registered civil and traffic engineers.
KOA has provided engineering services for many of the largest public
works and transportation planning projects in California.
KOA, a Small Business Enterprise (SBE) is a California Corporation, a
regional firm, based in and working primarily in California.
Our professional planning and engineering staff members are available to
provide the following services:
• Civil Engineering
• Highway & Infrastructure Design
• Pedestrian & Bikeway Design
• Construction Management &
Construction Inspection
• Transportation Planning/Analysis
• Transportation Modeling
• Travel Demand Forecasting/Modeling
• Traffic & Parking Impact Studies
• Traffic Signal/Lighting Design
• Worksite Traffic Control
• ADA Assessment & Improvements
• Project / Program Management
• Plans Specifications and Estimate
• Signing and Striping Plans
• Plan Checking
• Circulation and Parking Studies
• Staff Assistance
• Parking Design & Analysis
• Intelligent Transportation/
Systems Design
• Transit/Rail Planning
• Storm Drainage & Design
• NPDES Implementation
Company Profile
KOA Corporation
Corporate Office
1100 Corporate Center Dr.,
Suite 201
Monterey Park, CA 91754
Tel: (323) 260-4703
Fax: (323)260-4705
www.l<oacorporation.com
Established in 1987 in Los
Angeles, California
Six Offices in California:
Monterey Park Orange
Los Angeles Gardena
Ontario San Diego
Lead Contact Person:
Kevin Higgins
Business Development
Manager
3 10.3 29.0102
Ichiggins@lcoacorp.com
KOA CORPORATION
''!►,a PLANNING &, ENGINEERNG
A-3
Company Profile
I.I Award Winning Projects
American Public Works Association (APWA) Southern California Chapter
Project of the Year 2013:
•City of La Canada Flintridge, Jessen Drive Bridge Replacement A01ma
• City of Anaheim, Convention Center Grand Plaza S�
U.S. Green Building Council
2012 Green School/Green Government Award
• City of Los Angeles, Fire Station No. 12
McGraw-Hill/ENR California
Project of the Year 2011:
• City of Long Beach & Long Beach Transit, Long Beach Transit Mall
American Public Works Association (APWA) Southern California Chapter
Project of the Year 2012:
• Port of Long Beach, Sign Inventory and Management System
Project of the Year 2010:
• City of Hermosa Beach, Strand Infiltration Trench Project
Project of the Year 2009:
• City of Culver City, Washington Boulevard Realignment
• City of Rancho Palos Verdes, McCarrell Canyon Storm Drain
Project of the Year 2007:
• City of Signal Hill, Rehabilitation of Gundry Reservoir & Sand Basin
Project of the Year 2006:
City of Rancho Palos Verdes, Point Vicente Interpretive Center Project
City of La Habra, La Bonita Park Phase II Improvements Project
Project of the Year 2005:
• City of La Habra Holgate Area Street Rehabilitation and Water Main Replacement Project (Street
and Transportation)
• City of La Habra La Bonita Park, Harbor Boulevard Storm Drain Improvements and La Plaza
Channel Improvements (NPDES Watershed Management)
American Society of Civil Engineers (ASCE) OC Branch
Project Achievement Award 2005:
• City of La Habra La Bonita Park, Harbor Boulevard Storm Drain Improvements
and La Plaza Channel Improvements
KOA CORPORATION
PLANNING & ENGINEERING
Om"
Company Profile
Orange County Engineering Council (OCEC)
,,r1 hG7h f.
Engineering Project Achievement Award 2005: �y
• City of La Habra La Bonita Park, Harbor Boulevard Storm Drain Improvements L1
and La Plaza Channel Improvements
KOA CORPORATION
PLANNING & ENGINEERING
A-5
Firm Capabilities
2.0 FIRM CAPABILITIES
2.1 Project Management
KOA will streamline Project Management for any client.
Our staff works with the most recognized instruments
and codes, such as the Public Contracts Code, the
Standard Specifications for Public Works Construction _ H
"Green Book", American Institute of Architects
documents, Americans with Disabilities Act, the Uniform
Building Code, Caltrans Standard Specifications, �■
American Water Works Association, and local standards = �•
to assist clients in managing all project phases, from
preliminary design through construction completion. As
part of our Project Management services, we develop revisions to "Boiler Plate" specifications and bid
documents to provide tighter control over the selection and supervision of contractors. KOA's Project
Management services saves time and money.
KOA routinely develops project funding from Propositions A and C, ISTEA, State and Local Partnership
Program, CDBG, STPL, ARRA, SR2S, SRTS, Assessment Districts, energy efficiency programs and others.
We encourage our clients to rely upon our funding development experience soliciting funds from all
possible sources.
SERVICES AVAILABLE
Staff Assistance
Contract Administration
Capital Budget Preparation
Design/Build Administration
Performance Contract Administration
Funding Applications
Consultant Selection
Preparation of Council Reports
Grant Administration
Prepare Bid Specifications, RFPs, RFQs
Develop, Update/Monitor Schedules
Assist with Negotiation of Consultant
Utility Agency & Contractor Contracts
Assist with Negotiation of Consultant, Utility
Agency and Contractor Contracts
Analyses of Budget & Schedule Impacts
Admin. of Environmental Requirements
Solar Photovoltaic Systems
PROJECT TYPES
Capital Program Coordination
Community Redevelopment Projects
Recreation & Parks Facilities
Parking Structures and Parking Lots
Building Construction and Renovation
Design / Build Projects
Energy Conservation Upgrades
Utility Relocations & Undergroundings
Water System Improvements
Sewer Mains & Sewer Lift Stations
Water System Projects
Drainage Improvements
Library Renovation
Street Pavement Projects
Streetscape Improvements
Traffic System Upgrades
Transportation Facilities
Schools, Police and Fire Station Projects
KOA CORPORATION
PLANNING & ENGINEERING
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Firm Capabilities
2.2 Construction Management & Inspection
KOA's construction managers apply many years of experience on Caltrans, municipal, utility and private
construction projects. Our team allows your agency access to some of the most practical Construction
Managers and Technicians available. KOA provides all parties with up to the minute information, and is
sensitive to the special needs of the community. _r I _ _
KOA provides construction inspection services for many
types of projects. KOA construction inspectors have
experience with bridges, highways, heavy civil projects,
roadways, utilities, transportation projects, rail, wharf
and port facilities, federally funded projects, and virtually
any other type of municipal or public projects. Our
construction inspectors bring many years of accrued
skills in dealing with contractors and keeping the projects
on track for timely completion.
SERVICES AVAILABLE
Staff Assistance
Contract Administration
Cost Estimating and Budgeting
Projected vs. Actual Budget Tracking
Scheduling, Monitoring and Tracking
Change Order Evaluation & Negotiation
Airports
Document Controls
Submittal, Shop Drawing & RFI processing
Construction Inspection
Materials Inspection
Specialty Inspection
As -Built Documentation
Federal Fund Requirements Administration
Public Relations for Fire & Police Department
Projects
Storm Water Prevention Plan Monitoring
Hazmat Abatement Admin. & Coordination
Warranty, O&M Manuals and Training
Claims Avoidance
Full Time Daily Public Works Inspection
Daily and Weekly Reports
Quality Assurance
'r -
IR
Anaheim: Katella Smart Project
Photo and Video Documentation
Field Change Coordination
Quantity Measurement and Verification
Manpower and Equipment Tracking
As -Built Documentation
Contract Time Monitoring
PROJECT TYPES
Multi -Prime Projects
Streets & Highways
Building Construction
Marina, Port & Wharf Projects
Municipal Pool Projects
Parking Structures and Lots
Storm Drains & Sewer Systems
Building Renovations
Natural Gas Pipelines
Railroad Grade Separations
School Projects
Sound Walls & Guard Rails
Park Projects
Municipal Building Construction
Earthquake Repairs
KOA CORPORATION
PLANNING & ENGINEERING
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2.3 Civil Engineering Design
KOA's talented staff of Registered Professional
Engineers and Designers is complemented with a wide
range of experience in Engineering Design Project,
both in the public and private sector. Coupled with the
latest design software tools, KOA provides efficient,
cost effective and timely engineering solutions meeting
a variety of project requirements. In addition, KOA
draws from a substantial support base of
subconsultants for specialized engineering tasks
including traffic signal engineering, structural
engineering, geotechnical engineering and architectural
services as needed.
Firm Capabilities
KOA has over 25 years of comprehensive civil engineering experience. KOA works almost entirely with
public agencies, and as such, is uniquely suited to respond to the specific needs of public works projects.
Our highly qualified staff has completed a diverse range of civil engineering projects for many agencies
throughout Southern California.
KOA has successfully designed and managed the construction of all aspects of public works construction
projects including storm sewer, sanitary sewer, and water pipelines; curb, gutter, and sidewalks; pavement
construction; landscaping; structures, and buildings. KOA works with both new and existing infrastructure
improvements, but specializes in civil rehabilitation projects. KOA also provides complete program
management services encompassing all aspect of a project or program from conception through
completion.
SERVICES AVAILABLE
Civil Design
Entitlement & Permitting Services
Public Relations
Agency Processing
Expert Witness and Testimony
As -Built Drawings
Plan Reproductions
PROJECT TYPES
Street Overlay, Reconstruction & Widening
Commercial Land Development Design
Grading/Drainage Design
Hydrology Studies
Traffic Signalization Projects
Parking Lot Layout Design
Traffic Control
ADA Accessibility
Transit Centers
Utility Projects: Water, Sewer, Storm Drain,
Natural Gas, Electrical, Street Lighting, etc.
CAD SOFTWARE
AutoCAD
Land Desktop
AutoCAD Sewer
KOA CORPORATION
PLANNING & ENGINEERING
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Firm Capabilities
2.4 Traffic Engineering & Signal Inspection
KOA staff offer exceptional experience and innovation in the fields of Transportation Planning and Traffic
Engineering, and we provide a comprehensive range of services, from initial Project Planning and
Environmental Impact Analyses, through the Design, Specifications and Bidding processes, and through the
Construction Management and Observation stages, ending with the completion and approval of project
implementation.
KOA's engineering staff have a very extensive
background in conducting and processing traffic impact
analyses for major private and public development
projects throughout the Southern California region.
Our staff will design creative and very cost-effective
traffic mitigation measures, and will reevaluate
mitigation designs offered by others, to significantly
reduce the costs and impacts of implementing such
measures.
KOA's traffic engineering design services include
studies to authorize and fund the installation of new
traffic signals, the installation of intelligent transportation systems (ITS), and/or the upgrading of existing
signal systems, along with the preparation traffic signal and street lighting plans, specifications and cost
estimates. These services include construction oversight and inspections, for completion and approval of
the project, and for compliance with all local, regional, state and federal requirements and regulations.
SERVICES AVAILABLE
Traffic Data Collection and Analysis
Traffic Planning and Operations Studies
Environmental/Traffic Impact Analyses
Site Development Planning and Design
Neighborhood Traffic Management (Calming)
Traffic Striping and Signing Design
Traffic Signal Design
Traffic Signal Timing and Coordination
Intelligent Traffic System (ITS)
Design/Operations
Construction Traffic Control Design
Construction Management and Oversight
PROJECT TYPES
Local and Regional Traffic Improvements
State and Federal Compliance Efforts
Traffic Mitigation Projects
Traffic Signal and Signal System Design
Traffic Signal Interconnects
Street Lighting and Energy Efficiency Projects
Traffic Safety Programs
Traffic Sign Inventory and Upgrade Programs
Intersection and Route Analysis and Design
Projects
Community Redevelopment Projects
Medical and School Development Projects
KOA CORPORATION
PLANNING & ENGINEERING
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Firm Capabilities
2.5 ADA Compliance
KOA provides effective solutions for ADA compliance to assist your organization to comply with the
ADA and other relevant Federal, State or local disability -related anti discrimination laws. We work with
municipalities and private firms to provide transition plans and Community Development Block Grant
(CDBG) applications and plan development and
100°ado➢ROVGI ` —I PM
� - --
review. GUARANTEED _
Our team of qualified ADA experts are well versed in
California disabled access building codes and provide a
complete review of construction documents for new
developments as well as alterations to pre-existing
projects. KOA provides recommendations for several
project types; parking, sidewalks, doorways, height and
reach ranges, hardware, bathroom facilities, common
areas.
SERVICES AVAILABLE
ADA inspections
ADA audit reports
ADA accessibility surveys on municipal, state,
and commercial real properties for ADA
Compliance
PS&E for design
Hawthorne Citywide Improvements
PROJECT TYPES
Hotels and Motels
Office complexes
Capital Improvements / All municipalities
Restaurants
Convenience store chains
Supermarkets
Shopping Center and Malls
Retail establishments
Hospitals
Fair housing Act covered housing developments
within the United States
Parking Lots
KOA CORPORATION
PLANNING & ENGINEERING
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Firm Capabilities
2.6 NPDES Program Implementation
KOA is QSD & QSP Certified! Sediment and erosion controls and good housekeeping practices should
be developed and followed for projects otherwise construction activity can result in the discharge of
significant amounts of sediment and other pollutants. KOA SWPPPs are written documents that describe
the pollution prevention practices and activities that will be implemented on the site. It includes
descriptions of the site and of each major phase of the planned activity, the roles and responsibilities of
contractors and subcontractors, and the inspection schedules and logs. It is also a place that we document
changes and modifications to the construction plans and associated stormwater pollution prevention
activities.
KOA's SWPPP Certified staff can inventory a project's
potential sources which are likely to add pollutants to
storm water discharges or which may result in non -
storm water discharges, and prepare a plan with an
effective combination of BMP's including erosion
control, sediment control, dust control and non-
stormwater management. The SWPPPs are kept on
the job site to be referenced and amended as needed
by the storm water professional inspector associated
with weekly inspections, classification changes and rain
events.
SERVICES AVAILABLE
• Site Assessment and Planning
• Erosion and Sediment Control BMP
Selection
• Good Housekeeping BMP's Selection
• Inspections, Maintenance and
Recordkeeping
• Certification and Notification
• SWPPP Implementation
• Final Stabilization and Permit Termination
z- J
Hermosa Beach Strand Infiltration
STANDARD URBAN STORMWATER
MITIGATION PLAN
KOA can develop a SUSMP or SWPPP document
to address post -construction water quality and
habitat impact issues. It will identify post
construction BMP's to be implemented to
address storm water
pollution and peak flow
discharge impacts and is
sized to meet specified R
water quality design and/or IN
peak flow discharge criteria.
KOA CORPORATION
PLANNING & ENGINEERING
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Firm Capabilities
2.7 Staff Assistance
KOA regularly provides cities and agencies with technical personnel who act as a extension of staff.
Typically our duties will focus on implementation of capital projects, and may include program/project
management, grant/federal aid/Caltrans assistance, design, inspection, or construction management. The
work effort is intended to include the necessary duties to take a project or projects from concept stage
through to completion. The individual will be responsible to administer the project utilizing the City's
systems.
The major intent of this scope of work is to deliver the peace of mind that the assigned project or projects
are being delivered and managed according to the City's requirements without imposing additional tasks
on City staff. The sense of order established by this scope of work will free staff up to attend to their day
to day duties while reducing the back log of project related work. When the project related work and
back log are reduced to a level that staff can manage, the staff assistance services are no longer needed
and may be terminated.
SERVICES AVAILABLE
• Develop the overall budget for the project
• Refine the conceptual scope of the project
• Refine the budget as necessary
• Coordinate with other City departments
• Coordinate with outside agencies
• Develop the overall project schedule
• Develop a list of stake holders for the project
• Set up the files and project manual
• Coordinate the kick-off meeting to review the scope
W the project with the stake holders
• Develop the scope of work for the design effort
• Develop the task list and schedule for any outside funding
• Set up initial utility coordination and data gathering
• Prepare and deliver the RFP for design services or initial studies
• Administer the consultant selection process
• Draft staff reports and administer the contract award for design services
• Administer the project kick-off with the design consultant
• Administer regular coordination meetings with the design team and other City representatives
• Set up funding coordination, as required
• Set up and initiate or follow-up with outside funding such as Caltrans and MTA or other grant
funding
• Prepare and administer all funding paper work such as Local Programs requirements by Caltrans
and quarterly reports for the MTA
• Coordinate design approvals with the various City departments and divisions
• Coordinate public information meetings and notifications
KOA CORPORATION
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2.8 Solar and Energy Systems
KOA made a conscious decision a few years ago
to enter into energy efficiency and renewable
energy generation field and has several LEED
accredited engineers on staff.
KOA design photovoltaic (PV) solar generating
systems for various applications including homes,
commercial and governmental. The systems
range in size from 2kW to 200kW and above.
With a full engineering design office, we are able
to produce full working designs, which cover all
aspects of the installation including the mounting
systems, the PV arrays, power conducting
systems, inverters and hook up to the utility
electrical service. In instances where there is no
electrical hookup available, battery banks
systems will be included in the design.
KOA provides a full documentation service,
producing plans and specifications and obtaining
approval from the administrating authority. We
also obtain available rebates, provide the
required documentation to obtain tax credits
when applicable and in the case of governmental
systems apply for grants and/or loans.
Firm Capabilities
KOA is able to provide a turn -key operation
including installation through an affiliate
company, or can provide construction
management by bidding the construction
contract and then managing the construction
process from start to completion, including the
budget, compliance with the NEC codes,
specification and plans etc.
Home projects that the team have designed and
installed range in size from 2kW to 12kW
systems, all of which have been in Los Angeles
County.
We have undertaken PV designs for the Cities of
Long Beach, Signal Hill, Culver City and
Hawthorne for applications such as a police
station, park, airport, parking structure and
community buildings.
KOA CORPORATION
PLANNING & ENGINEERING
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KOA CORPORATION
PLANNING �� CNGINCCR.ING
3.0 RESUMES
iioo Corporate Center Drive, Suite 201
Monterey Park, CA 91754
323.260.4703
www.koacorporation.com
The following is a selection of abbreviated resumes of available staff. Additional resumes are available on
request
CHUCK STEPHAN, PE, LEED AP
VP of Civil Design Division
Principal -In -Charge / Senior Engineer / Project
Manager
Professional Experience
Chuck Stephan has over thirty years of extensive experience
in civil engineering design and project management on
projects for many municipalities and private firms. He has
diverse project experience in planning, design, management,
and construction of transportation, educational, institutional,
industrial, aerospace, municipal, residential and commercial
projects. Mr. Stephan works in multiple capacities as
Principal -In -Charge, project manager, project engineer, lead
engineer, design engineer, and construction engineer in both
the civil and construction management disciplines.
• Specializing in Project Management, Civil Engineering
Design, and Construction Management for municipal
Capital Improvement Projects, including pavement
design and rehabilitation; ADA improvements; water
pipelines; storm drain and sanitary sewers; medians
and landscaping; parking lots; site improvements;
Education
BS, Agricultural Engineering, California
Polytechnic State University, San Luis
Obispo (I 982)
Year Entered Profession
1982
Year Started with Firm
2000
Registrations
Prof. Engineer (Civil) CA #C5048 I
(1993)
Prof. Engineer (Civil) OR #1872PE
(1995)
Prof. Engineer (Civil) HI # PE-8432(CE)
(1996)
LEED Accredited Professional (2007)
plan checking; NPDES requirements.
• Providing staff assistance to municipal engineering departments on temporary or part-time basis
as needed; provide staff training in project management, design, and construction management
skills.
• Manage various funding sources including local, state, and federal -aid projects; SR2S; SRTS; STPL;
various grant applications and reimbursement requests.
Project Experience
Pavement Rehabilitation and Improvement Projects
Transit Mall Improvements, Long Beach, California: Civil Designer. CBM provided civil and traffic
engineering design services to Long Beach Transit. The goals of the Transit Mall Improvement Project
were to replace the existing bus shelters and informational kiosks, create and enhance safe waiting areas,
provide full ADA compliance, and improve transit information displays to visually promote public bus
transportation and connections with regional bus and light rail service. CBM prepared lighting, drainage,
KOA CORPORATION
PLANNING & ENGINEERING
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KOA CORPORATION
PLANNING �� CNGINCCR.ING
iioo Corporate Center Drive, Suite 201
Monterey Park, CA 91754
323.26o.4703
www.koacorporation.com
and sidewalk improvement plans, specifications and cost estimates, mobilized a structural engineer to
design the new bus stop structure, and conducted a transit operations analysis to make recommendations
on transit stop locations and to analyze bus routes and pedestrian connections during the construction
phase. Long Beach Transit Mall was awarded ENR Project of the Year for 2011.
Residential & Arterial Overlay 2011 Design, Thousand Oaks, CA: Design Engineer. Prepared
Plans, Specifications and Estimate for the City's 3 year Pavement Rehabilitation Project. Work included
field review, documentation, and photographing of all street sections and repair locations; determination
of rehabilitation strategies; preparation of plans, specifications, and estimate for bid; and bid support. The
project included 50,000 tons of asphalt pavement reconstruction and Asphalt Rubber Hot Mix overlay on
30 miles of local, collector, and arterial streets. All work was completed in a compressed time schedule
of 4 weeks. Construction Cost $7,000,000.
Arterial Roads Rehabilitation Project Fiscal Year 2010-2011, Rancho Palos Verdes, CA:
Project Manager & Design Engineer. Prepared Plans, Specifications and Estimate for the rehabilitation of
Palos Verdes (PV) Drive South in the City of Rancho Palos Verdes. PV Drive South is a challenging arterial
highway winding along the bluffs of the Palos Verdes peninsula overlooking the Pacific Ocean. The street
varies from a fully developed 4 lane divided highway with bicycle path, to a 2 lane highway over unstable
creeping subgrade soils. Rehabilitation strategies included selective removal and replacement (R&R) areas,
asphalt rubber hot mix (ARHM) and conventional asphalt overlays, and microsurface application. Work
included the relocation and improvement of bus pads and shelters, retaining walls, PCC repairs, striping
and markings. A comprehensive traffic sign field review and replacement plan was prepared to bring all
traffic signs into uniformity and conformance with MUTCD requirements. Construction Cost $2,000,000.
Ardmore Avenue Rehabilitation and 21St Street Rehabilitation Projects, Hermosa Beach,
CA: Project Manager for the design and reconstruction of Ardmore Avenue and 215, Street improvement
projects.
City of Torrance pavement rehabilitation projects, Torrance, CA: Provided project
management, design, and construction management for various pavement improvement projects including
residential streets, and arterial streets with federal -aid funding.
190th Street Reconstruction Project, Torrance, CA: Project Manager for the design and
construction of this Federally Funded $4.5 million project in accordance with Caltrans Local Programs
Procedures, including pavement rehabilitation marking and striping, median landscaping, sidewalk widening,
signage, and water improvements.
City of Signal Hill Cherry Avenue Improvement Project, Signal Hill, CA: Design Engineer.
Responsible for the project management associated with the new design for the widening of Cherry Ave.
between 20TH Street and 250ft south of PCH. The project includes a new storm drain, traffic signal upgrade
at the PCH/Cherry Ave intersection, reconstruction of the street, PCC improvements and striping.
Consultant Cost: $52,890.
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KOA CORPORATION
PLANNING �� CNGINCCR.ING
ALAN BRAATVEDT
Project Manager/Construction Manager
Professional Experience
Alan Braatvedt has successfully managed hundreds of
and private projects throughout Southern California.
over 35 years of experience in planning, design,
construction management and development, Mr.
Braatvedt is a highly skilled manager of municipal,
commercial, residential and mixed-use
developments. His experience includes design,
project management and construction management,
iioo Corporate Center Drive, Suite 201
Monterey Park, CA 91754
323.26o.4703
www.koacorporation.com
Education
Civil Engineering Diploma from Kwa Zulu
Natal Technicon, South Africa (19 74)
public
With
as
well as, acting as liaison between development teams,
planning/design teams, community groups and governing agencies to forge public/private partnerships. Mr.
Braatvedt is the main interface for community outreach and public relations on most CBM projects.
Project Experience
SR -91 Bridge Widening at East Street, Anaheim, CA: Resident Engineer/Project Manager. This
project involved the modification to the bridge under the 91 Freeway for the widening of East Street. The
work involves the construction of a substantial new drainage system that ties into the OC Flood Control
channel and reconstructing all four ramps, street widening and beautification and reconstructing the
signalized intersections. Extensive coordination with Caltrans Engineering and TMC, OC Public Works
and Southern California Edison Transmission and various utility companies was required. Construction
Cost $2,000,000.
Washington Boulevard Realignment, Rush Pacifica, Culver City, CA: Construction Manager.
This project involved the abandonment of the section of Washington Boulevard at Culver Boulevard and
widening of the adjacent section of Ince Boulevard to accommodate the increased traffic load. This major
undertaking by the City of Culver City will allow for the development of the parcel between Washington
Boulevard and Culver Boulevard into a mixed use office/retail building and the expansion of the Culver
Town Park. Construction Cost $3,000,000.
San Ramon Storm Drainage System, Rancho Palos Verdes, CA: Project Manager. Two major
arterial roads (Palos Verdes Drive East and South) were threatened due to the active landslide erosion of
the San Ramon canyon. Debris from the river was causing a problem on Palos Verdes drive South. This
project will pipe the water through a 2,000 -foot diversion tunnel and tunneled slant drain to the beach,
which will mitigate these issues. Due to the nature of this project, extensive stakeholder and resident
coordination and outreach has been necessary. The project is scheduled to be completed by the end of
2013. Construction Cost $20,000,000.
Canyon Acres Storm Drain Project: Laguna Beach, CA: Project Manager. This $3 million project
involves the relocation of a water main and the installation of a 60 inch storm drain line along the full
KOA CORPORATION
PLANNING & ENGINEERING
A-16
KOA CORPORATION
PLANNING �� CNGINCCR.ING
iioo Corporate Center Drive, Suite 201
Monterey Park, CA 91754
323.26o.4703
www.koacorporation.com
length of Canyon Acres drive. The project is extremely challenging project because of it is one road with
no outlet feeding 60 houses and many of the utilities in the middle of the street need to be relocated.
Admiral Kidd Park, Long Beach, CA: CBM performed construction management for the creation of
a soccer field on a green fields park, including extensive landscaping and park area. A parking lot was also
constructed to service the field. This project was the first phase in a much larger project that installed
electrical and telecommunications infrastructure for a future community center for the City of Long Beach.
Construction Cost $1,000,000.
Anaheim Convention Center Grand Plaza, Anaheim, CA: Construction Manager. The Grand
Plaza development consisted of a 100,000 -square -foot outdoor and special event space conveniently
located outside of the convention center's front entrance off of Convention Way. The Grand Plaza
seamlessly created a pedestrian esplanade that spans from the entrance to the Anaheim Convention
Center and flow between the Hilton Anaheim and the Anaheim Marriott hotels. This new, multi -use space
creates a uniquely Southern California outdoor environment that is utilized year-round for a wide variety
of events. With the nature of all stakeholders' interests involved in this project, extensive coordination
between all developers was needed. The development of the Grand Plaza was completed at the end of
the 2012. Construction Cost $20,000,000.
Point Vicente Interpretive Center, Rancho Palos Verdes, CA: Construction Manager for a whale
watching/ interpretive center located above the sea cliffs at Point Vicente on the Palos Verdes Peninsular.
There was an existing center that was closed several years ago, which is being remodeled as part of the
project and will be incorporated into the new center. The existing building is 2,300ft and the new building
7,500. The structure is a combination of structural steel and wood construction and includes an IT room.
Construction Cost $6,500,000.
LEA REIS
Associate Engineer
PROFESSIONAL EXPERIENCE
Ms. Reis has been working in the City of Torrance
Engineering Department since 1999. She has extensive
experience in different projects. She managed from design
to advertising for bid, to budgets, construction, contract
execution and completion. Her supervision experience
includes delegating work to Assistant Engineers, college and
high school interns, working with the city inspector to keep
track of construction progress, and keeping track of
certified payroll, as well as daily and weekly statements.
She also has experience with HTML Programming, GIS,
AutoCAD, ESRI ArcMap, Microsoft Suite, and Microsoft
Projects.
Education
BS, Aerospace Engineering, University
of Southern California, Los Angeles
CA
Master, Business Administration,
New York Institute of Technology,
New York, NY
Year Entered Profession
1999
Certifications
Engineer In Training, CA
KOA CORPORATION
PLANNING & ENGINEERING
A-17
KOA CORPORATION
PLANNING �� CNGINCCR.ING
PROJECT EXPERIENCE
iioo Corporate Center Drive, Suite 201
Monterey Park, CA 91754
323.260.4703
www.koacorporation.com
City of Torrance, Associate Engineer, Engineering Department, CA
Project Engineer for Capital Improvement Projects. Manage projects from design to advertising for bid,
to budgets, construction, contract execution and completion. Duties include but are not limited to,
procuring consultants, designing and plan checking, Engineering estimating, budget preparation, bid and
specification preparation, council agenda preparation and presentation, contract award, construction
management, project closeout, and working with representatives for grant funding. As Associate
Engineer, she stays informed of Caltrans and Standard Plans for Public Works Construction standards,
ADA compliance and standards, MUTCD and other policy or agency requirements. Work on
AutoCAD and ArcView to create plans and exhibits.
Successfully Completed Projects
• Historic Pacific Electric Railway- EI Prado Bridge Beautification - $300,000
• Palos Verdes Boulevard Rehabilitation - $2.9 M
• Torrance Centennial Park Construction - $180,000
• CDBG Sidewalk Repair for Handicap Accessibility Project- $2.5 M
City of Torrance, Assistant Engineer, Engineering Department, CA
Assistant Engineer. Research, design and revise Public Works improvement plans for water and sewer
rehabilitations throughout city, under supervision of Licensed Civil Engineer. Prepare traffic control
plans. Prepare RFP and agenda items. Work on AutoCAD and ArcView to create plans and exhibits.
Created reports for new Permits System; create weekly maps and reports on ARC view for Division
Engineer concerning current excavation and construction. Work as Engineering Department
Administrator for city website, including HTML programming for Engineering page, and JPEG image
downloading. Liaison for pending a -apply process of the Engineering department. Assist with plan
checking and cost estimates for sewer, water, storm drain, and petroleum plans and permits. Update
base maps on AutoCAD. Prepare Council Agenda and other legal descriptions and documents.
Assistance with project management.
City of Torrance, Engineering Tech II, Engineering Department, CA
Engineering Tech II. Ms. Reis creates reports for new Permits System; create weekly maps and reports
on ARC view for Division Engineer concerning current excavation and construction. Work as
Engineering Department Administrator for city website, including HTML programming for Engineering
page, and JPEG image downloading. Liaison for pending a -apply process of the Engineering department.
Issue permits for all work in public -right-of-way.
City of Torrance, Engineering Tech I, Engineering Department, CA
Engineering Tech 1. Ms. Reis created reports for new Permits System; create weekly maps and reports
on ARC view for Division Engineer concerning current excavation and construction. Developed
department manual for all aspects of Engineering Department. Issue permits for all work in public -right-
of-way. Assist with plan checking for sewer, water, storm drain, petroleum. AutoCAD experience.
Viagem- Brazilian Luncheonette, CA
Restaurant Designer. Ms. Reis designed and drafted restaurant floor layout for permits and occupancy.
Conducted contractor bidding for kitchen construction. Obtained permits required to open restaurant,
and continued to maintain quality control to keep the restaurant at an "A" rating.
KOA CORPORATION
PLANNING & ENGINEERING
A-18
PKOA CORPORATION
-i_A;NNING & ENGINEERING
CRISPEN COLE
Senior Construction Inspector
Professional Experience
Mr. Cole has over 35 years of varied construction
construction inspection experience including
bridges, rail, piers, marinas, public facilities, water,
sewer, & storm drain lines, and streets and sidewalks.
Cris preformed numerous inspection services with
for Streets & Sidewalks, and Water & Sewer. In
addition, he is our key inspector for Bridge, Rail and
projects. Mr. Cole is certified as Competent Person
Underground and familiar with pipe -fitting standards.
Project Experience
Streets & Sidewalks
lloo Corporate Center Drive, Suite 201
Monterey Park, CA 91754
323.26o.4703
www.koacorporation.com
Education
American University in Beirut
A.A. Business Administration, Northern
Arizona University (19 75)
Year Entered Profession
1971
Year started with Firm
2008
Certifications
Qualified SWPPP Practitioner (QSP)
#22536
Certified Erosion, Sediment and Storm
Water Inspector (CESSWI) #2602
Competent Person Underground Certified
and
CBM
Pier
Torrance Blvd Rehabilitation, T-43/44, Torrance, CA: Construction Observer. The scope of work
consisted of the grinding and removal of existing pavement, concrete and asphalt paving, pavement slurry
seal, removal and reconstruction of sections of the street, construction of curb and gutter, sidewalks,
driveways, ADA ramps, irrigation and landscaping of existing medians, striping and adjustment of utilities
and other work. In addition to the above the project involved the removal and replacement of 50,500 SF
of residential sidewalks, and the removal and replacement of cross gutters at 9 intersections.
Residential & Arterial Overlay 2011, Thousand Oaks, CA: Construction Observer. CBM provided
complete construction management and inspection services for this $7 million residential and arterial
pavement rehabilitation project. Work included repair of concrete curb, gutter, sidewalk, cross gutters,
and driveways; pavement repairs; edge grinding; asphalt rubber hot mix overlay; striping and markings; and
traffic signal loop detectors. Construction Cost $7,000,000.
Arterial Roads Rehabilitation Project Fiscal Year 2010-2011, Rancho Palos Verdes, CA:
Assistant Project Manager. Prepared Plans, Specifications and Estimate for the rehabilitation of Palos
Verdes (PV) Drive South in the City of Rancho Palos Verdes. PV Drive South is a challenging arterial
highway winding along the bluffs of the Palos Verdes peninsula overlooking the Pacific Ocean. The street
varies from a fully developed 4 lane divided highway with bicycle path, to a 2 lane highway over unstable
creeping subgrade soils. Rehabilitation strategies included selective removal and replacement (R&R) areas,
asphalt rubber hot mix (ARHM) and conventional asphalt overlays, and microsurface application. Work
included the relocation and improvement of bus pads and shelters, retaining walls, PCC repairs, striping
and markings. A comprehensive traffic sign field review and replacement plan was prepared to bring all
traffic signs into uniformity and conformance with MUTCD requirements. Construction Cost $2,000,000.
Crenshaw Blvd, Torrance, CA: Construction Inspector. Street improvements to Crenshaw Blvd from
Maricopa Street to Sepulveda Boulevard. Specific improvements include AC pavement reconstruction,
KOA CORPORATION
PLANNING & ENGINEERING
A-19
KOA CORPORATION
PLANNING �� CNGINCCR.ING
iioo Corporate Center Drive, Suite 201
Monterey Park, CA 91754
323.26o.4703
www.koacorporation.com
repair, and overlay; replacement of damaged curb, gutter, and sidewalks; and construction of ADA curb
access ramps. The project will be constructed with, and in compliance with, federal -aid American Recovery
and Reinvestment Act (ARRA) of 2009.
Intersection Improvements at Firestone & Garfield, City of South Gate, CA: Construction
Inspector. This project involved roadway improvements and widening at the intersection of Firestone
Blvd and Garfield Ave, two heavily traveled major arterials (level of service "F"), in the City of South
Gate. The work included removal of the deteriorated asphalt pavement and full reconstruction of an
18" PCC roadway section, widening of southbound Garfield Ave by 12 feet north of the intersection and
5 feet south of the intersection, traffic signal upgrades, and ADA improvements. Construction Cost
$1,750,000.
Carrier Row Street Rehabilitation, City of Los Alamitos, CA: Construction Inspector. Removal
and replacement prior to rubberized asphalt overlay. Construction Cost $500,000.
Pacoima/Panorama, CRA/LA, Los Angeles, CA: Construction Inspector. The project will include
improvements over a number of streets throughout the area. Improvements to include sidewalk
replacement, new curb ramps, new driveways, new curb & gutter, new striping and other miscellaneous
items.
T I Vault Upgrade, City of Torrance, CA: Construction Inspector. The rehabilitation of the T- I vault
involved the upgrade of the vault structure to comply with the current code for confined space. As part
of the project, the roof of the vault were replaced and walls were strengthened. The existing 20" & 12"
steel pipes will be replaced with new pipes, similar diameters to the existing pipes. The existing four flow
meters were replaced with two new flow meters with remote control capabilities.
Trench Infiltration, Hermosa Beach, CA: Construction Inspector: This project installed a diversion
structure, pump station, and infiltration field to divert low -flow storm drain system runoff from beach
areas to a subsurface percolation field. Construction took place in the developed area around the pier,
requiring significant coordination with City staff, lifeguards, and businesses. Permitees included the City,
Los Angeles County and the Coastal Commission. The project was financed with ARRA funding. CBM
Consulting provided construction project management and inspection services, as well as assistance for
federal -aid funding requirements and reporting.
Water Main Installation & Replacement, Manhattan Beach, CA: Construction Observer. KOPA
provided Construction Management and Inspection services to the City of Manhattan Beach for citywide
water line repairs. Repairs and Installation within the Residential district were successfully coordinated in
response to resident concerns throughout the area Consultant Cost $37,475.
KOA CORPORATION
PLANNING & ENGINEERING
A-20
KOA CORPORATION
PLANNING �� CNGINCCR.ING
Fee Schedule
Hourly Billing Rates
Professional Engineering
& Management Services
iioo Corporate Center Drive, Suite 201
Monterey Park, CA 91754
323.26o.4703
www.koacorporation.com
Hourly Billing Rate
0 Principal-In-Charge/Program Director....................................................................................................$170.00
0 Senior Engineer...............................................................................................................................................
160.00
0 QA/QC Manager............................................................................................................................................
155.00
0 Senior Project Manager................................................................................................................................
155.00
0 Construction Manager..................................................................................................................................
155.00
0 Project Manager..............................................................................................................................................
155.00
0 Assistant Construction Manager...............................................................................................................
132.00
0 Assistant Project Manager..........................................................................................................................
132.00
0 Civil / Resident Engineer............................................................................................................................... 135.00
0 Traffic Engineer............................................................................................................................................... 135.00
0 SWPPP Developer(QSD)............................................................................................................................ 130.00
0 Office Engineer............................................................................................................................................... 125.00
0 Design Engineer..............................................................................................................................................
125.00
0 Associate Engineer.........................................................................................................................................
105.00
0 Project Controls.............................................................................................................................................
105.00
0 SWPPP Practitioner (QSP)..........................................................................................................................
100.00
0 Senior Construction Observer...................................................................................................................
105.00
0 Construction Observer.................................................................................................................................
95.00
0 CAD Technician........................................................••..................................................................................... 95.00
0 Technician..........................................................................................................................................................95.00
0 Administrative & Clerical Support............................................................................................................... 75.00
The rates shown above may be negotiable for long-term, multi -classification contracts and/or assignments
that utilize full-time staff exclusively at the Client's offices or project site.
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.
A-21
KOA CORPORATION
PLANNING �� CNGINCCR.ING
iioo Corporate Center Drive, Suite 201
Monterey Park, CA 91754
323.260.4703
www.koacorporation.com
Expenses
Project expenses are billed at cost plus ten percent (10%). Project expenses include: Non -commuter
automobile mileage ($0.56 per mile), postage and special courier expenses, subsistence, reproduction,
project related telephone, subcontractor services and other direct project expenses as requested by the
client. Should the client desire, phone and mileage may be included in an hourly rate, which shall be
negotiated and slightly higher than the billable rates indicated above.
Invoicing
Invoices will be submitted monthly, based upon our estimated percentage of completion. Accounts are
past due after thirty (30) days. All work will be immediately stopped if any invoice is unpaid for sixty (60)
days or more, and such delinquent invoice payments may be subject to a late payment penalty of 1.5
percent (1.5%) per month and/or turned over to a collections agency at our discretion.
Insurance
KOA is fully able to meet the insurance requirements of this project. The firm has coverage in the
following areas: Professional Liability ($1 million per claim, $2 million aggregate), Automobile Liability ($2
million) and General Liability ($5 million). Our Worker's Compensation coverage meets the insurance
requirements of California State law.
Indemnification
KOA and the Client mutually agree to the fullest extent permitted by law, to indemnify and hold each
other harmless from any and all damage, liability or cost, including reasonable attorney's fees and cost of
defense arising from their own negligent acts, errors, and omissions in the performance of their services
under this agreement, to the extent that each party is responsible for such damages, liabilities, and costs
on a comparative basis of fault.
A-22
Attachment 6
Professional Services Contract
KOA Corporation
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
KOA CORPORATION
for
ON-CALL PROFESSIONAL SERVICES
0
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
SUNBEAM CONSULTING
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 1st day of March, 2016 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and KOA Corporation, ("Consultant"). City and
Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter
collectively referred to as the "Parties".
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which may be referred to herein as the "services" or
"work" hereunder. As a material inducement to the City entering into this Agreement,
Consultant represents and warrants that it has the qualifications, experience, and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose
intended. For purposes of this Agreement, the phrase "highest professional standards" shall
0
mean those standards of practice recognized by one or more first-class firms performing similar
work under similar circumstances.
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services
to be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other
contractors. No claims for an increase in the Contract Sum or time for performance shall be
valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any
other provisions of this Agreement, the provisions of Exhibit `B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed Sixty Thousand Dollars ($60,000.00) (the "Contract Sum"),
unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
LOOM
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City's Director of
Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying
compliance with all provisions of the Agreement. The invoice shall detail charges for all
necessary and actual expenses by the following categories: labor (by sub -category), travel,
materials, equipment, supplies, and sub -contractor contracts. Sub -contractor charges shall also
be detailed by such categories. Consultant shall not invoice City for any duplicate services
performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
•
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (18 0) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant's sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
«D„
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Alan Braatvedt V.P. South BayOperations
(Name) (Title)
Lea Reis
(Name)
Associate Engineer
(Title)
Sim
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant's staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo, Principal Engineer or Michael Throne,
Director of Public Works or such person as may be designated by the City Manager. It shall be
the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress
of the performance of the services and the Consultant shall refer any decisions which must be
made by City to the Contract Officer. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall
have authority, if specified in writing by the City Manager, to sign all documents on behalf of the
City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
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contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise
with Consultant.
4.5 Prohibition Against Subcontracting or Assignment. _
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage. The policy of insurance shall be in
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then
the general aggregate limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87,) including "any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a "claims made" basis, and must
include coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Consultant's services or the termination of this
Agreement. During this additional 5 -year period, Consultant shall annually and upon request of
the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit `B".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not
contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. Moreover, the insurance policy must specify that where the primary
insured does not satisfy the self-insured retention, any additional insured may satisfy the self-
insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of
insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence
of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete,
certified copies of and endorsements to all required insurance policies at any time. Any failure to
comply with the reporting or other provisions of the policies including breaches or warranties
shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL
AMR
THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of
activities Consultant performs; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by
Consultant. The coverage shall contain no special limitations on the scope of protection afforded
to City, and their respective elected and appointed officers, officials, employees or volunteers.
Consultant's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that
the requirement to provide insurance shall not be construed as limiting in any way the extent to
which the Consultant may be held responsible for the payment of damages to any persons or
property resulting from the Consultant's activities or the activities of any person or persons for
which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification
liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is
required to maintain pursuant to Section 5. 1, and such certificates and endorsements shall be
provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or
indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
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(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best
Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better, unless such requirements are waived by the Risk Manager of the
City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3
years duration, or in the event the risk manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Consultant agrees that the minimum limits of the insurance policies may be changed accordingly
upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
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shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant's business,
custody of the books and records may be given to City, and access shall be provided by
Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed "works made for hire" for the City.
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6.4 Confidentialitv and Release of Information.
(a) All information gained or work product produced by Consultant
in performance of this Agreement shall be considered confidential, unless such information is in
the public domain or already known to Consultant. Consultant shall not release or disclose any
such information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors,
shall not, without prior written authorization from the Contract Officer or unless requested by the
City Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered "voluntary"
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its
officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
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reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under this Article. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver
of the City's legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision or a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any
right or remedy by a non -defaulting party on any default shall impair such right or remedy or be
construed as a waiver. Any waiver by either party of any default must be in writing and shall not
be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
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7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Consultant may determine. Upon receipt of any
notice of termination, Consultant shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non -terminating party with the
opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liabili . of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
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may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho
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Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall
be deemed communicated at the time personally delivered or in seventy-two (72) hours from the
time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the
Consultant and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non -Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
•
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third parry including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant's Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
MM
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
Carla Morreale, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Ken Dyda, Mayor
CONSULTANT:
KOA CORPORATION
By:
Name: Alan Braatvedt
Title: Vice President
Lo
Name: Chuck Stephen
Title: Treasurer
Address: 1100 Corporate Center Drive,
Suite 201, Monterey Park, CA 91754
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2015 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
B-21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2015 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
6-22
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Provide on-call professional services. These services could include: municipal
engineering design, traffic engineering, project management, construction
management and inspection services.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Work products will be specific to the scope of each project which shall be
identified at the time the services are requested.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Consultant will provide a written weekly summary of progress on any on-call
services Consultant is authorized to proceed on.
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Alan Braatvedt: Alan the descriptions listed here should reconcile to your billing
sheet
B. Lea Reis:
C. Alan provide names of others that may be working on any of the tasks listed in
Exhibit C - the Schedule of Compensation
B-23
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
ON-CALL SERVICES
Upon CITY's request, CONSULTANT shall submit a proposal for a particular project,
including a scope of work and total cost for services ("Proposal"). Once CITY accepts a
Proposal as submitted or amended and issues a written Notice to Proceed therefor,
CITY agrees to compensate CONSULTANT in accordance with the total cost for
services listed in the Proposal, and in any case an amount not to exceed twenty-five
thousand dollars ($25,000) for a single service and sixty thousand dollars ($60,000) per
fiscal year for services as described in Article 2. On-call services that are reimbursed
by a trust deposit shall not count towards the maximum amounts CONSULANT shall be
paid for such services. If the CITY requests any work that is beyond the scope of work
listed in the Proposal, the CITY and CONSULTANT shall negotiate the scope of work
and fees for this extra work in accordance with CONSULTANT's Hourly Billing Rates,
which is attached hereto as Exhibit "C" and incorporated herein by this reference, up to
the twenty-five thousand dollars ($25,000) for a single service maximum amount. Upon
mutual agreement of the scope of work and fees, the City shall issue a written Notice to
Proceed therefor. The rates in Exhibit "C" shall remain in effect through at least June
30, 2016.
AM
EXHIBIT "C"
SCHEDULE OF COMPENSATION
1. Consultant shall perform the following tasks at the following rates:
RATE TIME SUB -BUDGET
A. Engineer - Project $155hr.
and Construction
Manager
B. Assistant Engineer - $132hr. TBD TBD
Project and
Construction
Manager
C. Inspector $105hr. TBD T B D
D. Traffic Engineer TBD TBD
E. Civil Engineer TBD TBD
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for all the on-call Services shall not exceed a maximum a
maximum of $60,000 as provided in Section 2.1 of this Agreement.
B-25
VI. The Consultant's billing rates for all personnel are attached as Exhibit C-1.
MAW
Exhibit C-1
B -27
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule to be
developed by Consultant and subject to the written approval of the Contract Officer
and the City Attorney's office.
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Work products will be specific to the scope of each project which shall be
identified at the time the services are requested.
B. Provide project files for each on-call project which include all original copies of
work products, weekly summaries, and other files.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.