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ITEM 7.1.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: December 7, 2010
TO: The Honorable City Council
FROM: Jose E. Pulido, City Mana
BY: Veronica Aguas, Program .'eager
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RKA
CONSULTING GROUP FOR ENGINEERING SERVICES FOR THE
FREER STREET ASPHALT OVERLAY PROJECT AND RE -
APPROPRIATION OF $33,490 IN UNEXPENDED PROJECT FUNDS
RECOMMENDATION
The City Council is requested to:
a) Approve the professional services agreement with RKA Consulting Group in the
amount of $80,560;
b) Re -appropriate $33,490 in unexpended project budget funds in the Fiscal Year (FY)
2009-10 City Budget to the FY 2010-11 City Budget; and
c) Authorize the City Manager to execute the Professional Services Agreement with
RKA Consulting Group.
BACKGROUND:
1. In FY 2008-09, the City Council appropriated $33,345 in General Funds to be used
for the design of a standard Grind & Overlay Project for two streets.
2. On February 17, 2009, the American Recovery and Reinvestment Act (ARRA)
included a transportation program to fund both highway and public transit
infrastructure.
3. On March 12, 2009, the former City Manager accepted a $60,560 proposal from
RKA Consulting Group and gave them immediate authorization to proceed with
the design of a standard Grind & Overlay project to maximize the projected
allocation of ARRA funding the City would be receiving.
City Council
December 7, 2010
Page 4
On April 20, 2010, the contractor satisfactorily completed construction and on June 23,
2010, Caltrans conducted the ARRA Construction Review and found the project to be in
compliance with Federal regulations. On July 20, 2010, the City Council accepted the
construction of Freer Street as complete.
On August 24, 2010, the City received a Letter for Additional Services from RKA
Consulting Group (Attachment "B") requesting $20,000, stating that due to the
unforeseen out of scope services in connection with the condition of unstable subgrade
and corrective actions that were required to complete this project, in addition to RKA's
performance of the Federal provisions, they are over -budget of the original approved
amount of $60,560.
In November 2010 it was determined by the City Attorney that the existing professional
services agreement entered into by the City in 2003 (extended by an annual letter
thereafter) was insufficient for the scope of the Freer Street project and recommended
that a professional services agreement for the total amount of $80,560 (which includes
the previously approved $60,560 for design and project management, as well as the
$20,000 to cover out of scope services and performance of the Federal provisions) be
presented to the City Council for approval. To date, the City has compensated RKA in
the amount of $59,928 for design and project management services as originally
scoped.
CONCLUSION:
At a meeting with RKA Consulting Group and Avant -Garde, Inc. to discuss RKA's
additional out of scope services, the City Manager agreed that RKA had not been
compensated for any of the additional work stemming from the change order to stabilize
the subgrade or for their performance of the Federal provisions for ARRA-funded
projects. During the meeting, RKA offered to accept $20,000 as final payment from the
City for their additional services.
The City Manager recommends that the City Council approve a new, more appropriate
professional services agreement with RKA Consulting Group in the amount of $80,560,
which includes compensation for the entire project, including $20,000 as final payment
for the additional services rendered, and that $33,490 in unexpended project budget
funds in the Fiscal Year (FY) 2009-10 City Budget be re -appropriated to the FY 2010-11
City Budget to cover the cost of the additional services.
FISCAL IMPACT
When the construction contract for this project was awarded to EBS, the City Council
approved a budget amendment for $90,355 of Traffic Congestion Relief funds to cover the
base plus additive bid to the contract including a 10% contingency. When the contract
City Council
December 7, 2010
Page 2
4. On March 17, 2009, the City of Temple City was allocated a total of $1,050,000
of ARRA funds for the construction of shelf -ready projects; of which $599,000
was designated for a Grind & Overlay Project.
5. On April 19, 2009, RKA delivered construction -ready plans and specifications,
complete with Federal requirements, to the City for submission to Caltrans for
authorization to proceed.
6. In FY 2009-10, the City Council approved funding in the amount of $599,000 and a
carryover of $9,345 specifically for the Freer Street Asphalt Overlay Project.
7. On July 17, 2009, Caltrans obligated $599,000 of Federal funds for construction
activities, thereby giving the City authorization to proceed with the Freer Street
Asphalt Overlay Project.
8. On December 1, 2009, the City Council awarded a construction contract to Elite
Bobcat Service (EBS) in the amount of $558,384.80 for the Freer Street Asphalt
Overlay Project from El Monte Avenue to Santa Anita Avenue.
9. On February 15, 2010, construction began on the Freer Street Asphalt Overlay
Project.
10. On March 9, 2010, RKA and Avant -Garde met with the Caltrans construction
oversight division to review procedures and documentation demonstrating the
City's compliance with Federal provisions for ARRA-funded projects.
11. In March 2010, the Freer Street Overlay Project was halted to allow RKA and
EBS to work on a solution to the condition of unstable subgrade discovered
during construction.
12. At a Special Meeting on March 23, 2010, the City Council approved a change
order to EBS's contract to correct the unstable subgrade.
13. On June 23, 2010, RKA and Avant -Garde, on behalf of the City, met with the
Caltrans construction oversight division to review procedures and documentation
demonstrating the City's compliance with Federal provisions for ARRA-funded
projects.
14. On July 20, 2010, the City Council accepted the construction of Freer Street as
complete and authorized the City Clerk to file the Notice of Completion.
15. On August 24, 2010, RKA Consulting Group submitted a Letter for Additional
Services in connection with the Freer Street Asphalt Overlay Project and
performance of the Federal provisions.
City Council
December 7, 2010
Page 3
16. On September 20, 2010, the City Manager met with RKA Consulting Group and
Avant -Garde, Inc. to discuss the additional out of scope services compensation
being requested by RKA.
17. As of today's date, RKA Consulting Group has been paid $59,928 of the original
$60,560 proposal amount for design and project management services for the
Freer Street Overlay Project.
ANALYSIS:
In anticipation of ARRA funding being awarded to the City of Temple City, City staff
sought informal bids to quickly design a standard grind and overlay project to maximize
the projected allocation of ARRA funding the City would be receiving. The former City
Manager approved the $60,560 proposal from RKA Consulting Group (Attachment "A")
and gave immediate authorization to proceed with the design of two streets: Freer
Street (Santa Anita Avenue to El Monte Avenue) and Pal Mal Avenue (Lower Azusa
Road to Live Oak).
During the design phase, preliminary estimates indicated the project cost to do both
streets would exceed the available funds; therefore, staff directed RKA to complete the
grind & overlay design of both streets, but only proceed with Freer Street as the
federally funded project. The design of Pal Mal Avenue was completed; however, the
project was shelved until additional local funds could be identified for construction at a
later date.
Because RKA's original proposal did not include the Federal provisions needed for the
ARRA funded project, a meeting between Interim City Manager Cathy Burroughs,
Public Services Manager, Bill Tidwell, Veronica Aguas (i.e., Avant -Garde) and Steve
Loriso (i.e., RKA Consulting Group) was held and it was agreed that RKA would submit
an amendment to their proposal adjusting their original scope of service to include the
Federal provisions and provide the required testing and field interviews.
In March 2010, the Freer Street Asphalt Overly Project was halted to allow RKA's project
manager, inspector and Geotechnical Inspector, and EBS to work on a solution to the
unstable subgrade discovered during construction. RKA was directed by City staff to
provide a redesign to solve the problem. The Geotechnical Engineer submitted the
redesign to the contractor for pricing and based on the initial redesign, the potential cost
increase was in excess of 100% of the initial construction contract. City staff directed
RKA to negotiate with the contractor, as well as to look into different options to solve the
subgrade issues. On March 23, 2010, the City Council approved a contract change
order and the contractor was directed by City staff to change the design structural
section of the roadway to place 12" of Class 11 Base over a geogrid material to stabilize
the subgrade prior to placement of asphalt.
City Council
December 7, 2010
Page 5
change order was presented to the City Council for the geogrid material to be added to the
subgrade, an allocation in the amount of $124,670 of Traffic Congestion Relief funds was
also approved by Council for a total project budget of $847,370.
Staff conducted a funding analysis and determined there is $33,490 in unexpended
project funds in the FY 2009-10 City Budget that can be re -appropriated to the FY 2010-11
City Budget to cover the entire cost of the professional services and still remain under
budget.
ATTACHMENT(S)
A. RKA Consulting Group Proposal dated March 12, 2009
B. RKA Consulting Group Letter dated August 24, 2010
C. Professional Services Agreement
ATTACHMENT "A"
R KA-
CONSULTING GROUP
March 12, 2009
Mr. Chuck Erickson
City of Temple City
Public Services Manager
5938 Kauffman Avenue
Temple City, CA 91780-2249
RE PROFESSIONAL ENGINEERING SERVICES FOR
FREER STREET (FROM SANTA ANITA TO ARDEN) AND PAL MAL AVENUE (FROM LOWER
ASUZA ROAD TO LIVE OAK) PAVEMENT RESURFACING PROJECT
Dear Mr. Erickson,
RKA Consulting Group is pleased to submit to you our proposal to provide professional engineering
services for the Freer Street (from Santa Anita to Arden) and Pal Mal Avenue (from Lower Azusa Road
to Live Oak) Pavement Resurfacing Project.
The specific services to be provided are as follows:
A. PROJECT DESCRIPTION
As stipulated in the Request for Proposal, the Freer Street and Pal Mal Avenue Pavement
Resurfacing Project will consist of the engineering design, utility coordination, construction
management, and construction observation services for the subject project. The project
consists of all of the following major construction elements:
1) Pavement Resurfacing
2) Raising of Manhole Cover
3) Replacement of Traffic Loops
Through our review of the RFP, site conditions, and previous experience, we are proposing the
project design can best be completed through the preparation of a specification package.
The proposed scope of work follows below:
PAGE 1 CITY OF TEMPLE CITY
ENGINEERING SERVICES - FREER STREET AND PAL MAL AVENUE RESURFACING PROJECT
398 LEMON CREEK DR., STE. E. WALN&JT.CA 91789- 2649 w (909) 594.9702 (626)331.6323 FAX (909) 594.2658 WWWRKAGRCUPCOM
B. SCOPE OF SERVICES
1.0 UTILITY COORDINATION
1.1 Coordinate with affected utility companies to provide for any proposed utility improvements
prior to street improvements.
1.2 Send notification to affected utility companies, other agencies, and City staff.
2.0 _DESIGN PREPARATION
2.1 Meet with City Staff to review, in full detail, the requirements for the project. Review available
information and data assembled by City staff.
2.2 Prepare plans identifying a typical cross section of Freer Street and Pal Mal as well as the
area identified as "deep dig out" repair (using an 81/2" x 11" format).
2.3 Identify areas of pavement that require a "deep dig out" repair, field mark, and compile data
to include in the specifications.
2.4 Attend coordination meetings, as necessary, with City personnel at various times during the
design phase to obtain additional input and review work.
2.5 Prepare specifications and contract documents to conform to applicable requirements of the
City.
2.6 Prepare final project cost estimates, schedules, and a total not -to -exceed fee.
3.0 CONTRACT ADM I NISTRATLON
3.1 Provide the City with 15 sets of final plans and specifications for bidding purposes.
3.2 Assist the City in securing bids and awarding the project.
3.3 Coordinate and attend the pre -construction conference and prepare minutes.
3.4 Provide engineering support, as needed.
3.5 Provide contract administration for proper enforcement of the contract plans and
specifications.
3.6 Provide the necessary consulting services required to coordinate the efforts between the City
and the contractor.
3.7 Review and recommend approval of the progress payment requests made by the Contractor.
3.8 Answer inquiries and complaints for the City relating to the construction project.
4.0 CONSTRUCTION OBSERVATION
4.1 Provide daily construction observation (8 hours per day) during the estimated construction
period of 30 inspection days.
4.2 Provide the necessary weekly, monthly, and final reports.
4.3 Provide copies of daily construction observation reports on a weekly basis.
4.4 Provide necessary coordination with other agencies to provide final inspection of the project.
4.5 Provide report to the City following the final inspection stating that the project has been
completed, and provide necessary data for City acceptance of the project.
PAGE 2 CITY OF TEMPLE CITY
ENGINEERING SERVICES - FREER STREET AND PAL MAL AVENUE RESURFACING PROJECT
RKA
CON S EJ LT f NI G GROUP 398 LE iok CREEK DR , SrE E WALtivr. CA 917E19-2649 • 19091 594.97G (6261331-8323 FAX (909) 594.2658. WWW.RKAG90URCOM
OPTIQNAL TASK - SOIL INVESTIGATION
1.0 Based on lineal footage and existing pavement conditions, obtain one boring every 1,000 feet
for a total of 8 borings.
2.0 Obtain the required R -value, grain size, and compaction tests within the project limits.
3.0 Evaluate the existing soil parameters, Traffic Index, and R -values to develop recommended
pavement structural sections.
C. FEE ESCHEDULE
The following is the fee schedule associated with this work proposal:
FREER STREET
AND PAL MAL AVENUE PAVEMENT RESURFACING
PROJECT
WORK CATEGORY
Project Manager
Project Engineer
Public
Inspector
Works
Other
Sub -Total
$160/hr
$a.40/hr
$85/hr
Utility Coordination/
Research
0 hrs.
$0
20 hrs.
$2,800
0 hrs.
$0
$0
$2,800.00
Design
44 hrs.
$7,040
68 hrs.
$9,520
0 hrs.
$0
$0
$16,560.00
Contract Administration
20 hrs.
$3,200
0 hrs.
$0
0 hrs.
$0
$500
$3,700.00
Construction Observation
40 hrs.
$6,400
0 hrs.
$0
240 hrs.
$20,400
$0
$26,800.00
SUB -TOTAL
$49,860.00
OPTIONAL TASK
Soil Investigation
0 hrs.
$0
0 hrs.
$0
0 hrs.
$0
1 $10,700
$10,700.00
TOTAL INCLUDING OPTIONAL
TASK
$60,560.00
D. CONDITIONS AND EXCLUSIONS
■ Due to the nature of the project, design survey, or construction staking is not included.
PAGE 3 CITY OF TEMPLE CITY
ENGINEERING SERVICES — FREER STREET AND PAL MAL AVENUE RESURFACING PROJECT
RKA
CONSULTING GROUP 398 LEMON CREEK DR. Sri. E. W/Nur. CA 91789. 2619 • (909) 594 9702 (6261331-8323 FAh (909) 594-2658 • WWW RKAGROUP COM
E. HOURLY RATE SCHEDULE
Project Manager
Project Engineer
Project Designer
Public Works Inspector
Clerical
$ 160.00
$ 140.00
$ 100.00
$ 85.00
$ 50.00
■ RKA recalibrates its billing rates for professional time each calendar year and reserves
the right to raise the billing rate for one or more professional categories by no more than
3% once in twelve calendar months.
We appreciate the opportunity to provide this proposal and look forward to working with you on this
project. If you have any questions about any aspect of this proposal, please do not hesitate to call.
Sincerely,
Steve R. Loriso, P.E.
Project Manager
PAGE 4
CITY OF TEMPLE CITY
ENGINEERING SERVICES -- FREER STREET AND PAL MAL AVENUE RESURFACING PROJECT
CONSULTING GROUP 398 LEMON CREEK C. . STE E, WALNUT„ CA 91789.2649 • (9097 594.9702 (5269331.8323 FAX 19091594.2658 • WWW.RKAGROUPCOM
Mar 16 2008 S:14RM Hr .ASERJET FAX p..1
54n.. f 1.,0,2 /
OPTIONAL TASK - SOIL INVESTIGATION
1.0 Based on lineal footage and existing pavement conditions, obtain cne bo ring every 1,000 feet
for a total of S borings.
2.0 Obtain the required R -value, grain size, and compaction tests within the project limits.
3.0 Evaluate the existing soil parameters, Traffic Index, and R -values to develop recommended
pavement structural sections.
C. FEE ESCHEDULE
The following Is the fee schedule associated with this work proposal:
1
17b
FREER STREET AND PAL MALAVENUE PAVEMENT RESURFACING PROJECT
WORK CATEGORY
Project Manager
Project Engineer
Public Works
Inspector
Other
Sub
$160/hr
$140/hr
$85/hr
-Total
Utility Coordination/
Research
0 Ns,
$0
20 hrs.
$2,800
0 hrs.
$0
SO
$ 2,800.00
Design
44 hrs.
$7,040
68 hrs.
$9,520
0 hrs.
$0
SO
$16,560.00
Contract Administration
20 hrs.
$3,200
0 hrs.
$0
0 hrs.
$0
$500
$3,700.00
Construction Observation
40 hrs.
$6,400
0 hrs.
$0
240 hrs.
$20,400
SO
$26,500.00
StJ&TOTAL v `� �
--
$40,860.00
OPTIONAL TASK
Soil Investigation
0 hrs.
$0
I 0 hrs.
$0 0 hrs.
SO
$10,700
$10,700.00
TOTAL INCLUDING OPTIONAL TASK
$80,56000
R
CO;v,Sti LINO GROUP 388 LElal)N CEO( Ca. Su E. %luta.CA 91789 7848 • (9091 ,62EI331 8323 iAi( moo 594.26513 • vAVWRICACROJF?CAM
D. CON0ITIONSAND EXCLUSIONS
■ Due to the nature of the project, deslgn survey, or construction staking is not included.
PAGE 3
C ' FTEMPLE CITY
ENGINEERING SERVICES - FREER STREET AND PAL MALAVENUE RES ' FACING PROJECT
ATTACHMENT "B"
CONSULTING GROUP
August 24, 2010
Mr. Jose Pulido
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
RE: FREER STREET PAVEMENT RESURFACING PROJECT
PROFESSIONAL ENGINEERING SERVICES
REQUEST FOR CONTRACT AMENDMENT (REVISED)
Dear Mr. Pulido:
I have compiled the additional information you requested regarding our request for Contract
Amendment dated June 4, 2010. Below is a summary of the work that was performed by RKA that was
out of the scope of our original proposal dated March 12, 2009.
Caltrans / FHWA Coordination - $8,_015
RKA prepared the original proposal based on the above -mentioned project being funded with local City
funds. The project was later fast -tracked by the City and the funding source changed to 2009 American
Recovery and Reinvestment Act (ARRA) funds. As you are aware, federal funds require a much more
aggressive construction management and monitoring program. The level of effort required to manage
federal projects has increased substantially as well due to additional monitoring requirements instituted
by FHWA and Caltrans since the passing of the ARRA legislation.
In general, the out of scope work consisted of the implementation of a Caltrans approved Quality
Assurance Program, Independent Assurance Program, two pre -bid meetings, and two Caltrans oversight
meetings. Below is a breakdown of the additional costs for each of these items.
OAP / IAP (See Soils Engineering below for costs) See Below
Pre -Bid Meetings $3,085
Caltrans Oversight Meetings $4930
Subtotal $8,015
398 LEMON CREEK DR.. STE. E. WALNUT. CA 91789-2649 (909) 594-9702 (626) 331.8323 FAX (909) 594.2658 • 1, VWW.RKAGROUP.COM
Mr. Jose Pulido
Freer Street Rehabilitation
August 24, 2010
Page 2
Soils Engineering - $10.559
The initial scope of work as stated in our original proposal did not include compaction testing based on
the assumption by City staff that the pavement repair would be a grind and overlay and not a full
reconstruction. Upon completion of the soils report, it was discovered that a full reconstruction would
provide the best long term results for the City. Full reconstruction requires compaction testing
throughout the project. As well, as mentioned above, Caltrans and FHWA require the implementation
of a QAP and an IAP on all federal aid projects. Finally, additional soils engineering was required to
analyze and resolve the unanticipated wet conditions found in the subgrade during construction. I have
divided the additional costs for this category into two sub -categories as shown below.
QAP / Redesign $5,995
IAP $4,564
Subtotal $10,559
Contract Coordination - 51,750
As part of RKA's scope of work, we prepared and submitted to the contractor for execution the contract
agreement provided in the boilerplate specifications provided by the City. Upon review of these
agreements by the City Attorney, it was determined that the agreement form was not acceptable. RKA
provided additional negotiation and coordination services to present three subsequent versions of the
contract agreement to the contractor for execution prior to acceptance by the City Attorney.
Redesign and Delays for Wet Subgrade - 514,590
On March 9, 2010 unanticipated wet subgrade was discovered during construction. The project was
shut -down from March 9, 2010 to March 21, 2010 by City staff while the problem was resolved. RKA
provided design options for the City's review, inspection services to monitor the site during the shut-
down, and construction management services to negotiate the final design options between the City
and the contractor. As well, the proposed design option resulted in a slower rate of production than
was anticipated with the original design. This resulted in an additional inspection time being required
for the project. Below is a breakdown of the redesign and additional inspection costs.
Redesign and Construction Management $7,590
Additional Inspection $3,200
Subtotal $10,790
Through July 31, 2010, RKA has incurred costs in the amount of $31,114 attributable to out of scope
work on this project. Although our costs have increased since the writing of my June 4, 2010 letter by
approximately $5,000, I propose to maintain our contract amendment request at $20,000. Should this
request be approved, RKA will provide services through the close of the project file at no additional cost
to the City.
If you should have any questions regarding this request, please contact me at (909) 594-9702.
Sincerely,
Jason C. Welday, PE
Director of Contract Administration
RKA
CONSULTING CROUP 398 LEMON CRfEx DR.. STE E. WALNUT, CA 91799.2649 • (909) 594.9702 1620331-6323 FAX 1909} 594.2658 • WWW.RM ROLIRCOM
ATTACHMENT "C"
CONSULTANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
RICA Consulting Group
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
RKA CONSULTING GROUP
This Agreement for Consultant Services ("Agreement") is entered into as of this day
of December, 2010 by and between the City of Temple City, a municipal corporation ("City")
and RKA Consulting Group, a California corporation ("Consultant"). City and Consultant are
sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to
as the "Parties."
RECITALS
A. On March 12, 2009 City informally authorized Consultant to proceed with the
scope of services described in Exhibit "A-1" of this Agreement for payment of $60,560. In good
faith reliance upon that authorization, Consultant performed such services and has been paid
$59,928 by City to date. City and Consultant now desire to formalize and ratify the
previous arrangement by means of this Agreement and to add work in addition to the original
scope of work as set forth in Exhibit "A-2" which consultant will perform for the unpaid balance
of the arrangement ($632) plus and additional $20,000. This will bring the total compensation
under the Agreement to $80,560. The terms and conditions of the performance of Consultant's
work and payment by the City are set forth in more detail below.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained here and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement,
the scope of services set forth in Exhibit "A" "Scope of Services" (inclusive of "A-1"
[Completed Work] and "A-2" [Added Work]) shall be completed pursuant to the schedule
specified in Exhibit "A." Should the scope of services not be completed pursuant to that
schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to Section
21 of this Agreement. The City, in its sole discretion, may choose not to enforce the Default
provisions of this Agreement and may instead allow Consultant to continue performing the scope
of services until such services are complete.
SECTION 2. SCOPE OF SERVICES.
Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services"
and made a part of this Agreement.
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SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to or outside of those set forth in this
Agreement or listed in Exhibit "A" "Scope of Services," unless such additional services are
authorized in advance and in writing by the City Council or City Manager of City. Consultant
shall be compensated for any such additional services in the amounts and in the manner agreed to
by the City Council or City Manager.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in Exhibit "B" "Compensation" and made a part of this
Agreement. The total compensation, including reimbursement for actual expenses, shall not
exceed eighty thousand, five hundred sixty dollars ($80,560), unless additional compensation is
approved in writing by the City Council or City Manager. The Parties agree that Consultant has
already been paid $59,928 for completion of Scope of Services "A-1" and that City will pay
Consultant the amount of $20,632 for the completion of Scope of Services "A-2".
(b) Each month Consultant shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month. The invoice shall detail charges
by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and
sub -consultant contracts. Sub -consultant charges shall be detailed by the following categories:
labor, travel, materials, equipment and supplies. 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. In the event that no charges or expenses
are disputed, the invoice shall be approved and paid according to the terms set forth in subsection
(c). 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.
(c) Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, 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.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not
be deemed to waive any defects in work performed by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant's work under this Agreement,
either during performance or when completed. City shall reject or finally accept Consultant's
work within sixty (60) days after submitted to City. City shall reject work by a timely written
explanation, otherwise Consultant's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall
not constitute a waiver of any of the provisions of this Agreement including, but not limited to,
sections 16 and 17, pertaining to indemnification and insurance, respectively.
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SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files and other documents prepared, developed or discovered by Consultant
in the course of providing any services pursuant to this Agreement shall become the sole property
of City and may be used, reused or otherwise disposed of by City without the permission of the
Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn
over to City all such original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and warrants related
to Standard of Performance and found in Section 9 of this Agreement shall not extend to such
use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files or other documents.
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or
relating to Consultant's performance of services pursuant to this Agreement. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other
documents or records evidencing or relating to work, services, expenditures and disbursements
charged to City pursuant to this Agreement. Any and all such documents or records shall be
maintained in accordance with generally accepted accounting principles and shall be sufficiently
complete and detailed so as to permit an accurate evaluation of the services provided by
Consultant pursuant to this Agreement. Any and all such documents or records shall be
maintained for three years from the date of execution of this Agreement and to the extent
required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this
section shall be made available for inspection, audit and copying, at any time during regular
business hours, upon request by City or its designated representative. Copies of such documents
or records shall be provided directly to the City for inspection, audit and copying when it is
practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and
records shall be made available at Consultant's address indicated for receipt of notices in this
Agreement.
(c) Where City has reason to believe that any of the documents or records required to
be maintained pursuant to this section may be lost or discarded due to dissolution or termination
of Consultant's business, City may, by written request, require that custody of such documents or
records be given to the City and that such documents and records be maintained by the requesting
party. Access to such documents and records shall be granted to City, as well as to its
successors -in -interest and authorized representatives.
SECTION 8. STATUS OF CONSULTANT.
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(a) Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of City. Consultant shall have no authority to bind City in any
manner, nor 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.
(b) The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither City,
nor any elected or appointed boards, officers, officials, employees or agents of City, shall have
control over the conduct of Consultant or any of Consultant's officers, employees, or agents
except as set forth in this Agreement. 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.
(c) 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.
SECTION 9. STANDARD OF PERFORMANCE.
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. Consultant shall at all times faithfully, competently and to
the best of its ability, experience and talent, perform all services described herein. In meeting its
obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this Agreement.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and warranties
related to Standard of Performance shall not extend to such use of the maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and
local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this
Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to
perform the services set forth in this Agreement. Neither City, nor any elected or appointed
boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
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It is the understanding of City and Consultant that California prevailing wage laws do not
apply to this Agreement because the Agreement does not involve any of the following services
subject to prevailing wage rates pursuant to the California Labor Code or regulations
promulgated thereunder: Construction, alteration, demolition, installation, or repair work
performed on public buildings, facilities, streets or sewers done under contract and paid for in
whole or in part out of public funds. In this context, "construction" includes work performed
during the design and preconstruction phases of construction including, but not limited to,
inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race,
color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or
marital status in connection with or related to the performance of this Agreement.
SECTION 13. 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 sec ., 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 the 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.
SECTION 14. CONFLICTS OF INTEREST.
(a) 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 City Manager. 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.
(b) City understands and acknowledges that Consultant is, as of the date of execution
of this Agreement, independently involved in the performance of non related services for other
governmental agencies and private parties. Consultant is unaware of any stated position of City
relative to such projects. Any future position of City on such projects shall not be considered a
conflict of interest for purposes of this section.
(c) City understands and acknowledges that Consultant will, perform non -related
services for other governmental agencies and private parties following the completion of the
scope of work under this Agreement. Any such future service shall not be considered a conflict
of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
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(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
City Manager, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without
prior written authorization from the City Manager or unless requested by the City Attorney of
City, voluntarily provide 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 thereunder.
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.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are
caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its
officers, agents, employees or sub -consultants (or any entity or individual that Consultant shall
bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs,
interest, defense costs, and expert witness fees), where the same arise out of, are a consequence
of, or are in any way attributable to, in whole or in part, the performance of this Agreement by
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Consultant or by any individual or entity for which Consultant is legally liable, including but not
limited to officers, agents, employees or sub -contractors of Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed
indemnity Agreements with provisions identical to those set forth here in this section from each
and every sub -contractor or any other person or entity involved by, for, with or on behalf of
Consultant in the performance of this Agreement. In the event Consultant fails to obtain such
indemnity obligations from others as required. here, Consultant agrees to be fully responsible
according to the terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or
this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this Section 16
[Indemnification] to the contrary, design professionals are required to defend and indemnify the
City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a
design professional to claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the design professional. The term "design
professional," as defined in Section 2782.8, is limited to licensed architects, licensed landscape
architects, registered professional engineers, professional land surveyors, and the business
entities that offer such services in accordance with the applicable provisions of the California
Business and Professions Code.
(e) The provisions of this section do not apply to claims occurring as a result of City's
sole negligence. The provisions of this section shall not release City from liability arising from
gross negligence or willful acts or omissions of City or any and all of its officials, employees and
agents.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this
Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City
Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this
Agreement. City has an interest in the qualifications of and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In
recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion
of this Agreement or the performance of any of Consultant's duties or obligations under this
Agreement without the prior written consent of the City Council. Any attempted assignment
shall be ineffective, null and void, and shall constitute a material breach of this Agreement
entitling City to any and all remedies at law or in equity, including summary termination of this
LA #4814-2021-6581 vl
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Agreement. City acknowledges, however, that Consultant, in the performance of its duties
pursuant to this Agreement, may utilize subcontractors.
SECTION 19, CONTINUITY OF PERSONNEL.
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.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving
thirty (30) days written notice of termination to Consultant. In the event such notice is given,
Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30)
days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this
Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property
belonging exclusively to City which is in Consultant's possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by
Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 of this Agreement.
SECTION 21. 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
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 Section 20. 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.
SECTION 22. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any, caused
by delay in performance or failure to perform due to causes beyond the control of Consultant.
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Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal,
state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes,
and unusually severe weather. The term and price of this Agreement shall be equitably adjusted
for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to
City as public records, and which are necessary for carrying out the work as outlined in the
Exhibit "A" "Scope of Services," shall be furnished to Consultant in every reasonable way to
facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested, addressed as follows:
To City:
To Consultant:
City of Temple City
Attn: City Manager
9701 Las Tunas Drive
Temple City, CA 91780
RKA Consulting Group
Attn: Jason Welday
398 Lemon Creek Dr., Suite E
Walnut, CA 91789-2649
Notice shall be deemed effective on the date personally delivered or transmitted by
facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States
Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and
warrants that he/she/they has/have the authority to so execute this Agreement and to bind
Consultant to the performance of its obligations hereunder.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
SECTION 27. MODIFICATION OF AGREEMENT.
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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.
SECTION 28. 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 nor 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.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the
State of California. In the event of litigation between the parties, venue in state trial courts shall
lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision
of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to
an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to
which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete,
final and exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other Agreements or understandings, whether oral or written, or entered into
between Consultant and City prior to the execution of this Agreement. No statements,
representations or other Agreements, whether oral or written, made by any party which are not
embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and
binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this Agreement shall not be affected thereby and the Agreement shall be read and construed
without the invalid, void or unenforceable provision(s).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
CITY OF TEMPLE CITY
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By:
Jose E. Pulido City Manager
ATTEST:
Mary Flandrick, City Clerk
APPROVED AS TO FORM
By:
Eric S. Vail, City Attorney
By: RKA CONSULTING GROUP By: RKA CONSULTING GROUP
Its: Its:
NOTE: 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 DEVELOPER'S
BUSINESS ENTITY.
LA #4814-2D21-6581 vl
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On 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 DESCRIPTION OF ATTACHED DOCUMENT
E
E
E
E
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
LA #4814-2021-6581 vl
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On , before me, , personally appeared
❑ personally known to me - OR -
❑ 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.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
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
O
O
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) ❑ LIMITED
0
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
GENERAL
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
LA #4814-2021-6581 v1
EXHIBIT "A-1"
COMPLETED WORK
Professional Engineering Services for Freer Street (from Santa Anita to Arden) and Pal
Mal Avenue (from Lower Azusa Road to Live Oak) Pavement Resurfacing
B. SCOEL OF SERVICES
1.0 UTILITY C00RDINATION
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1.1
1.2
Coordinate with affected utility companies to provide for any proposed utility improvements
prior to street improvements.
Send notification to affected utility companies, other agencies, and City staff.
2.0 DESIGN PREPARATION
2.1 Meet with City Staff to review, In full detail, the requirements for the project. Review available
information and data assembled by City staff.
2.2 Prepare plans identifying a typical cross section of Freer Street and Pal Mal as well as the
area identified as "deep dig out" repair (using an 81" x 11" format).
2.3 Identify areas of pavement that require a "deep dig out" repair, field mark, and compile data
to include in the specifications.
2.4 Attend coordination meetings, as necessary, with City personnel at various times during the
design phase to obtain additional input and review work.
2.5 Prepare specifications and contract documents to conform to applicable requirements of the
City.
2.6 Prepare final project cost estimates, schedules, and a total not -to -exceed fee.
3.0 CONTRACT ADMINISTRATION
3.1 Provide the City with 15 sets of final plans and specifications for bidding purposes.
3.2 Assist the City in securing bids and awarding the project.
3.3 Coordinate and attend the pre -construction conference and prepare minutes.
3.4 Provide engineering support, as needed.
3.5 Provide contract administration for proper enforcement of the contract plans and
specifications.
3.6 Provide the necessary consulting services required to coordinate the efforts between the City
and the contractor.
3.7 Review and recommend approval of the progress payment requests made by the Contractor.
3.8 Answer inquiries and complaints for the City relating to the construction protect.
4.0 CONSTRUCTION OBSERVATION
4.1 Provide daily construction observation (8 hours per day) during the estimated construction
period of 30 inspection days.
4.2 Provide the necessary weekly, monthly, and final reports.
4.3 Provide copies of daily construction observation reports on a weekly basis.
4.4 Provide necessary coordination with other agencies to provide final inspection of the project.
4,5 Provide report to the City following the final inspection stating that the project has been
completed, and provide necessary data for City acceptance of the project.
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A-1
EXHIBIT "A-2"
ADDED WORK
Work performed includes:
Caltrans/FHWA Coordination
Implementation of a Caltrans-approved Quality Assurance Program, Independent Assurance
Program, two pre -bid meetings, and two Caltrans construction oversight meetings.
Soils Engineering
Upon completion of the soils report, it was discovered that a full reconstruction would provide
the best long tem results, requiring compaction testing throughout the construction. Additional
soils engineering was required to analyze and resolve the unanticipated wet conditions found in
the subgrade during construction.
Redesign and Delays for Wet Subgrade
RKA provided design options for City's review, inspection services to monitor the site during the
shutdown, and construction management services to negotiate the final design options, resulting
in a slower rate of production than was anticipated with the original design and additional
inspection time being required.
Contract Coordination
Included additional negotiation and coordination to execute the final revised construction
contractor agreement per the City Attorney.
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A-2
EXHIBIT "B"
COMPENSATION
I. Scope of Services "A-1" [Paid to Date of Original Proposal] $59,928
II. Scope of Services "A-2" [Unpaid Balance of Original & Supplemental Proposals] $20,632
Ill. The total compensation for the Services shall not exceed $80,560, as provided in Section 3
of this Agreement.
IV. Reimbursement of any costs incurred by the Consultant as part of the Scope of Services is
included in the total above and separate reimbursement for such costs will not be made.
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EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Consultant shall provide and maintain insurance,
acceptable to the City Manager or City Counsel, in full force and effect throughout the term of
this Agreement, against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:VII. Consultant shall provide the following scope and limits of
insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability
coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or
equivalent forms subject to the written approval of the City.
(3) Workers' Compensation insurance as required by the Labor Code
of State of California and Employer's Liability insurance and covering all persons providing
services on behalf of the Consultant and all risks to such persons under this Agreement.
(4) 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 3 consecutive years
following the completion of Consultant's services or the termination of this Agreement. During
this additional 3 -year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Consultant shall maintain limits of
insurance no less than:
(1) General Liability: $1,000,000 general aggregate for bodily injury,
personal injury and property damage.
(2) Automobile Liability: $1,000,000 per accident combined single
limit policy.
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(3) Workers' Compensation and Employer's Liability: Workers'
Compensation as required by the Labor Code of the State of California and Employers Liability
limits of not less than $1,000,000 per accident.
(4) Professional Liability: $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the
following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either
party to this Agreement, reduced in coverage or in limits except after 30 days' prior written
notice by Certified mail, return receipt requested, has been given to City.
2. General Liability and Automobile Liability Coverages,
(1) City, and its respective elected and appointed officers, officials,
and employees 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 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, or
employees.
(2) Consultant's insurance coverage shall be primary insurance with
respect to City, and its respective elected and appointed, its officers, officials, employees and
volunteers. Any insurance or self insurance maintained by City, and its respective elected and
appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute
with, Consultant's insurance.
(3) 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.
(4) Any failure to comply with the reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to City, and its
respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Employer's Liability Coverage. Unless the
City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of
subrogation against City, and its respective elected and appointed officers, officials, employees
and agents for losses arising from work performed by Consultant.
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C. Other Requirements. Consultant agrees to deposit with City, at or before the
effective date of this contract, certificates of insurance necessary to satisfy City that the insurance
provisions of this contract have been complied with. The City Attorney may require that
Consultant furnish City with copies of original endorsements effecting coverage required by this
Section. The certificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.
1. Consultant shall furnish certificates and endorsements from each
subcontractor identical to those Consultant provides.
2. 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.
3. The procuring of such required policy or policies of insurance shall not be
construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions
and requirements of this Agreement.
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