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2018/02/07 KOA Corporation CIP17-05 Citywide ADA & pedestrain improvements PROFESSIONAL SERVICES AGREEMENT City of Menifee Public Works CIP 17-05 Citywide ADA and Pedestrian Improvements THIS AGREEMENT for Professional Services ("Agreement") is made this day of r'u 41- ar, 2018 ("Effective Date") by and between the CITY OF MENIFEE ("City") and KOA Corporation ., an "S California Corporation ("Consultant") (together sometimes referred to the "Parties"). SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work, (Exhibit A) and incorporated here. Consultant will perform subsequent Task Orders as requested by the Contract Administrator, in accordance with the Scope of Work. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail. Term of Services. The term of this Agreement shall begin on February 7. 2018 and shall end on February 7, 2019 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator. Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder. Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Sixty Nine thousand, nine hundred nineteen ($69,919.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: • Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between the City and other Insureds. Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and authorized volunteers for loss arising from work performed under this Agreement. Commercial General Automobile Liability Insurance. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the work contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of hired, owned and non-owned automobiles. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. _Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to the City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by the City. Additional insured status shall continue for (1) year after delivery of product(s). A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 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 be subject to all of the requirements stated herein. Variation. Contract Administrator may approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement. INDEMNIFICATION. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. Amendments. The parties may amend this Agreement only by a writing signed by all the parties. Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant shall notify City immediately. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following: Immediately terminate the Agreement; Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or Charge Consultant the difference between the costs to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. KEEPING AND STATUS OF RECORDS. Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is Any written notice to City shall be sent to the Contract Administrator with a copy to: Carlos E. Geronimo City of Menifee 29714 Haun Road Menifee, CA 92586 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Nondiscrimination. Consultant shall not discriminate in any way, against any person n 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. MANDATORY FEDERAL PROVISIONS COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. CONFLICT OF INTEREST A. CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project. CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction project, which will follow. B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION (Verbatim) CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. DEBARMENT AND SUSPENSION CERTIFICATION A. CONSULTANT's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (non procurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to LOCAL AGENCY. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions. apply, initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. The goal for DBE participation for this contract is 5%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-01), or in the Consultant Contract DBE Information (Exhibit 10-02) attached hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance work is satisfactorily completed. Federal law (49 CFR26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the Agency's prior written approval. Any violation of this provision shall subject the violating prime Consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultant and subconsultants. M. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental acceptances of portions, ` s determined by the Agency, of the contract work, and pay retainage to the prime consultant based on these acceptances. The prime consultant, or subconsultant, shall return all monies withheld in retention from a subconsultant within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultant and subconsultants. INSPECTION OF WORK CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis. SAFETY A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. The Parties have executed this Agreement as of the Effective Date. CITY OF MENIFEE CONSULTANT Neil R. Winter, Mayor Min Zhou, Vice President Attest, S ah Manwari g, ity'Clerk Date Appro as to Form: i Je y T. etching, Ci A orney Charles F. tephan, Vice President INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION.AND CONTRIBUTION ' Contract/Agreement/License/Permit No. or description: Indemnitor(s) (list all names): &k To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Menifee and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses,judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' active negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Indemnification and Hold Harmless Agreement. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent non-active negligence by the Indemnitees. CALIFORNIA LABOR CODE COMPLIANCE (Labor Code §§ 1720 et seq., 1813, 1860, 1861,3700) If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then: 1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("City") and Consultant agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Consultant shall be registered with the Department of Industrial Relations. ("DIR") in 5� accordance with California Labor Code Section 1725. . ; ' ' 3. Consultant agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at d1r.ca..gov/01)RI_.,%DPre'W'ageDetermination.htm), are on file with City, and are available to any interested party upon request. Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Consultant or by any subcontractor. 4. Pursuant to California Labor Code Section 1771.4, Consultant's services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Consultant shall post job site notices as prescribed by DIR regulations. 5. Consultant agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 6. Consultant agrees to comply with the provisions of California Labor Code Section 1776 which, among other things, require Consultant and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors. 7. Consultant agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Consultant is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 8. Consultant agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to EXHIBIT A SCOPE OF WORK Consultant shall perform the following tasks: KOA has assigned its most qualified personnel to the project in order to ensure timely and cost effective completion.The principal in charge, Ms. Min Zhou, will be responsible for coordinating and communicating with project personnel and the City. Meetings At the start of the project, KOA will conduct a project kickoff meeting with City staff, KOA, and specialty subconsultants where we will discuss, in detail, the intended outcome and products of the engineering effort.We will discuss detailed project requirements, schedule, present our typical field investigation sheets and plan setup, and tailor them as needed, to meet City requirements. KOA will produce meeting minutes and deliver a record to attendees. Deliverables: Kick-off Meeting Agenda and Minutes Site Evaluation A comprehensive field inventory will be conducted to investigate and document the existing conditions in the project area.The field inventory will consider drainage, utility locations, possible design methods, spandrel repairs, cross gutter repairs, survey monuments, curb ramp improvements, existing pedestrian signal and push button equipment, signing, and striping. Manholes and valves will be located for reference. KOA will conduct thorough site investigations of the entire project to inspect existing pavement conditions, drainage, PCC repairs;verify utility locations; and note other typical features needing to be addressed in the plans. Photographs will be taken throughout the project area for use during design and for pre-construction reference. Deliverables: Photos;Field Notes,Design Recommendations Topographical Survey KOA, with Coast,will conduct a topographic survey of the project area as necessary, to develop the project plans. The work will be tailored to meet the specific details needed to design curb ramps,curb and gutter, AC slot patches, and sidewalk. Research of Record Information The KOA team will obtain record maps and record information for centerline.This will include record subdivision maps, records of survey,tie-sheets, corner records and bench marks. Project Datum Horizontal: Zone 6 (NAD83) Vertical: NAVD88 Control Survey The KOA team will locate and survey existing centerline monuments and supplemental control points. We will obtain GPS control points in the field and process the data. Page 2 of 6 KOA will obtain and review existing record data, including street plans, utilities, traffic plans, and other related plans,to determine existing intersection and facility layouts. KOA will notify all affected utilities of the proposed project scope of work and limits, request applicable utility information, and advise utility companies to inspect and repair their facilities prior to construction. Note that utility companies typically will not provide this information directly to a consulting firm or will request a fee for services; generally we will prepare correspondence to be submitted on City letterhead, with documents sent to the City and then provided to the engineer for design reference. We will once again notify the utilities of pending work at the completion of the design and prior to construction. Utility notifications will be compiled in a utility notification and response log,with pertinent date, contact, and response information.The log and copies of correspondence will be provided to the City. Correspondence will include the initial notification, and as applicable, a prepare to relocate notice and a notice to relocate. Deliverables: Utility Log and Data Project Management and Meetings Three project meetings will be held throughout the design period, during the 50%, 90%, and 100%PS&E stages. KOA may attend additional meetings to include specific discussion items and field visits. KOA will coordinate the meetings; prepare agendas, minutes, and action items; and conduct follow-up work. Deliverables:Meeting Agendas and Minutes Preparation of Construction Plans,Special Provisions-Technical Specifications, Estimates KOA will prepare the project base sheets, with the City-approved title block format on 24"x36" plan sheets at the appropriate scale.The base sheets will reflect existing improvements based on topographic survey and research data, including street, storm drain, sewer, water, and utility data, if needed. Plans will be submitted at the 50%, 90%, and 100% PS&E stages.The project will be presented in plan view on 24"x36" plan sheets,with any necessary details for clarification. Pedestrian Signals and Push Button Location Plan &Table In order reduce design costs, KOA will provide a pedestrian signal and push button location plan with a table in lieu of the traffic signal modification plans. KOA will provide a large-scale plan to denote the location of the pedestrian signals and push buttons that will be replaced and will also provide a table with the intersection, number of push buttons to be replaced, number of pedestrian signals to be replaced, and special notes for each location.The location plan will show the existing street intersection layout and location of existing facilities.The special provisions-technical specifications, combined with the location plan and table, will be sufficient for replacing all pedestrian signals and push buttons. Curb Ramp Improvement Plans KOA will provide a 1"=40' curb ramp improvement plan as well as 1"=10' details of each curb ramp. Curb ramp details will call out elevations,stations, and offsets at all grade changes of the curb ramp, Page 4 of 6 Quality control applies to the full spectrum of project activity from preparing proposals all the way to project close-out. It is inherent in the way we plan, do, check, and act to produce the work we perform for our clients, both internal and external. All submittals are quality-control stamped before submittal. A QA/QC program is essential in providing sound environmental and engineering documents that can be quickly approved by the appropriate agencies with minimal comments and re-work. KOA has an established QA/QC program in place and is familiar with the Caltrans QC checklists that are used on Caltrans submittals of reports and PS&E documents. Prior to all submittals, each report is reviewed by a technical leader in the pertinent discipline (e.g., roadway,structures) for internal procedures followed, document revisions, check print stamps, and completed checklists until the reviewer is satisfied with the submittal. When an inter-discipline review is required, it is performed in the same manner as the discipline reviews.All QA/QC documentation will be filed in the project files for easy retrieval for internal audits and is readily available, should OCTA require proof of review. The customized QA/QC plan that we will prepare for this project will include the relevant elements of KOA's standards that have been developed over the years with client feedback, industry standards, and lessons learned; Caltrans work breakdown structure (WBS); and perhaps, most importantly, OCTA's quality control requirements. Understanding the expectations of the client and stakeholder agencies in advance ensures that the submittals will meet those expectations. This, in turn, builds trust and helps expedite the review and approval process. Project quality budget and schedule control are essential elements of the project management. The essential steps that KOA employs for success include: 1. Serving as a primary contact with between the City and other agencies, as required to meet project needs. 2. Managing the project team and committing corporate resources as needed. 3. Scheduling and internally coordinating the team's work. 4. Ensuring that the project's technical/professional and contractual requirements are met 5. Establishing clear lines of communication both internally and externally. 6. Chairing all progress meetings and being the primary respondent to Caltrans, City, and other stakeholders. 7. Initiating and maintaining a quality management program tailored to the project. 8. Managing an effective project controls system that delivers high-quality work on-time and within budget. Page 6 of 6 City of Menifee Cost Proposal Consultant: KOA Corporation City Project No.CIP 17-05 Project Name: Citywide ADA and Pedestrian Improvements Contract No. City Project No.CIP 17-05 Date: 1/19/2018 Federal-Aid Project No.HSIPL-5483(005) DIRECT LABOR Classification/Title Name Hours Rate Total Principal in Charge \lin Lhou 22 S 83 hf; $ 1,826.00 Senior Lngin,�er Ryan Calad"Kahano/Scott 70 S LI V $ 3,570.00 Associate Engineer 1-hao Le 112 S 37(i!i $ 4,144.00 Assistant L.neineer \Inn/�iartinrl\`illi:un 316 S $ 10,112.00 Support Staff Liz Ibarra 80 .$ $ 1,920.00 0 $ 0 $ LABOR COSTS a)Subtotal Direct Labor Costs $ 21,572.00 b)Anticipated Salary Increases $ 647.16 3.000% c)TOTAL DIRECT LABOR COSTS[(a)+(b)] $ 22,219.16 FRINGE BENEFITS d)Fringe Benefit(Rate: 66 41"-o ) e)TOTAL FRINGE BENEFITS[(c)x(d)] $ 14.755.74 INDIRECT COSTS f)Overhead(Rate: (9.t13°o ) g)Overhead[(c)x(f)] $ 15,337.89 h)General and Administrative(Rate: ) i)Gen$Admin[(c)x(h)]$ - total OH Rate 135.44% j)TOTAL INDIRECT COSTS[(g)+(i)] $ 15,337,89 FIXED FEE(Profit) 1) (Rate: 10% ) k)TOTAL PROFIT[(c)+(e)+U)]x(1)] $ 5,231.28 OTHER DIRECT COSTS(ODC) (ODC is actual cost to be reimbursed with supporting documentation.) m)Reproduction S l00 o() n)Conference Calls o)Travel/Mileage Expense(Mileage will be IRS standard rate.) $ 5;(j 00 p)Mail ing/Ovemight/Special Deliveries S q) $ r)TOTAL OTHER DIRECT COSTS[(m)+(n)+(o)+(p)+(q)] $ 650.00 SUBCONSULTANT COSTS Sunec S 11,725.00 17% s)TOTAL SUBCONSULTANT COSTS S 11,725.00 TOTAL COST [(c)+(e)+0)+(k)+(r)+(s)] $ 69 919