CONTRACT 4610 Professional Services Agreement CLOSEDAgreement No 4610
LW-911
FOR DESIGN
BETWEEN
THE CITY OF EL iO AND
r;
This AGREEMENT is entered into this 10th day of September, 2014, by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY") and J M Diaz,
Inc., (JMD) a California Corporation ( "CONSULTANT ").
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C, As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed one hundred fifty thousand dollars ($150,000) for CONSULTANT's
services. CITY may modify this amount as set forth below. Unless otherwise
specified by written amendment to this Agreement, CITY will pay this sum as
specified in the attached Exhibit "A," which is incorporated by reference.
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A. CONSULTANT will perform services listed in the attached Exhibit `B," which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be fiunished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONSULTANT by this Agreement.
4. PAYMENTS. For CITY to pay CONSI.: UI'ANT as specified by this Agreement,
CONSUIJA1' T must submit a detailed invoice to CITY which lists the hours worked wid
hourly rates for each personnel category and reinibursable costs (all as set forth in Exhibit "A ")
Agreement No 4610
the tasks performed, the percentage of the task completed during the billing period, the
cumulative percentage com.F�-.I ted for weach -tak �!Vana.�s v314r..
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billing month and a cumulative cash flow curve showing projected and actual expenditures
versus time to date.
A. CITY's city manager ("Manager") may detem,fi .cc , at the Manager's sole
discretion, that CONSULTANT roust perforni additional work ("Additional
Work") to complete the Scalia o; `f Work, If Additional Work is needed, the
Manager will give written authorization to CONSIXTANT to 1)erfonn such
Additional Work,
C. Payments over $25,000 for Additional Work must be approved by CITY's city
council, All Additional Work will be subject to all other terms and provisions of
this Agreement.
Carefully investigated and considered the scope of services to
performed; I
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1-ii- Understands the facilities, difficulties, and restrictions attendinm-
performance of the services under this Agreement M
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8. TERM. The term of this Agreement will be from September 1, 2014, to December 31, 201
Unless otherwise determined by written amendment between the parties, this Agreement w
terminate in the following instances: I
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A. CONSULTANT will not perform any work under this Agreement until
i CONSULTANT furnishes proof of insurance as required under Section 23
of this Agreement; and
CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
Nill ' HAN
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awM Exhl1 s Agreemt supersedes
ltfflrl�j MIN AM uits;J
any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order
in which the Exhibits appear below:
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13. TAXPAYER EDENTMCATION NUMBER. CONSULTANT will provide CITY with
Taxpayer Identification Number.
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14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause.
& CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT" own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CrF 's
property. CONSULTANT may retain copies of said documents and materials as desired, but
will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
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18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or
public CITY without CITY's prior written approval. All press releases, including graphic
display information to be published in newspapers or magazines, will be approved and
distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions are intended to
be as broad and inclusive as is permitted by the law of the State of California and
will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 23, and any approval of
said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONSULTANT
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end, results of the work, only.
21 AUDIT OIL RECORDS. CON&ULT NT will maintain full and accurate rccords with
respect to all services and smatters covered under this Agreement, CITY will have free access at
all reasonable le times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data,„ documents, proceedings and activities..
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CONSULTANT will retain such financial and program service records for at least three (3) years
after termination • final payment under this Agreement.
23, INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
ine of Insurance Limits
Workers compensation Statutory requiremeiM
D. Automobile coverage will be written on ISO Business Auto Coverage Form CF1
00 0 106 92, including symbol I (Any Auto). I
E. CONSULTANT will furnish to CITY duly authenticated Certificates of hisurance
evidencing maintenance of the insurance required under this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CITY from time to time. Insurance must be placed with insurers with a current
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A.M. Best Company Rating equivalent to at least a Rating of "A :VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from payments
due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
G. Self - Insured Retention/Deductibles. All policies required by this Agreement must
allow CITY, as additional insured, to satisfy the self - insured retention ( "SIR ")
and deductible of the policy in lieu of the CONSULTANT (as the named insured)
should CONSULTANT fail to pay the SIR or deductible requirements. The
amount of the SIR or deductible is subject to the approval of the City Attorney
and the Finance Director. CONSULTANT understands and agrees that
satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by CONSULTANT as primary insured to
pay its SIR or deductible constitutes a material breach of this Agreement. Should
CITY pay the SIR or deductible on CONSULTANT's behalf upon the
CONSULTANT's failure or refusal to do so in order to secure defense and
indemnification as an additional insured under the policy, CITY may include such
amounts as damages in any action against CONSULTANT for breach of this
Agreement in addition to any other damages incurred by CITY due to the breach.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
25. INCEDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative description of
progress during the past month for each major task, a description of the work remaining and a
description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT:
Diaz, c (MD)
18645 East Gale Ave, Suite 212
City, of Industry, CA 91745 -1363
Attention: Juan M. Diaz
If to CITY:
City of El Segundo
350 Main Street
El Segundo, CA
Attention: Stephanie Katsouleas
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the tiirne of
actual delivery, Changes may be made in the names or addresses of "persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST, CO1' SULTANT will comply with all conflict of interest
laws acid regulations including, without limitation, MY's conflict of interest regulations..
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38. ?E i2 IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
10,1191 TIM$ MAT "I MV"r7l MI
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IN „ R Oh the parties o u day w year
first herein6wtve +�
CITY SE UNDO � ��" i „iz, Inc., (J'MD)
Greg Ca nter,
City M
A tie,
ager
APPROVED AS O
"X”" X
Karl if, 13orger., . ity Attomey
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Taxpayer rD No. If
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The primary objectives consist of providing new bikeways to: 1) serve as attractive and viab
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commuter alternatives for employees and visitors of El Segundo's commercial and industrI
centers and 2) link El Segundo destinations and employment centers to the regional tran
systeI.
Consultant will manage the project and keep the City informed throughout the project.
proposed scope, schedule and process.
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Agreement No 4610
construction cost estimates. CONSULTANT will process the PS&E packages with UPRP, utiliz
jiwners, If and the City for approval. M
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Mapping Task 2 — Research and Data Collection _3
Task 3 — Surveying and
- Phase 1—Conceptual
The conceptual n d•` all required field measurement as well as information 1'`1i`1'.
1 prepare 1 '. of 4 map 1:> i preparing c1 f '; 1 plan.
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. Phase 2-1 Survey
The field survey will include all existing utilities on the surface of the existing or propos
Bikeway, striping, curb & gutters-flow lines, and centerline elevations at required intervals
CONSULTANT or per FHA's engineer's judgment, traffic loops, ADA ramps or any o]
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features that affects the project. The side streets limits at the intersections are to the BCR
ECR of the curb returns.
As an optional task, CONSULTANT's subconsultant, Wallace Laboratories (EI Segundo, C
can obtain field samples to determine the level of contamination within BNSF property for
proposed Class I bikeway.
Task 4.2 - Preemption Analysis (Optional)
• an optional task. CONSULTANT is conductymm-m-,tion
signals to determine the necessary clearance time needed by bicyclists and motorists to safely
clear the crossing prior to arrival ► approaching trains in each direction. This task assumes
preemption analysis for two grade crossings.
Task 4.3 — 1 ostic Review Meetine
CONSULTANT will schedule a diagnostic review meeting with the City, BNSF and CPUC to
review each railNghway interface location and obtain timely input by railroad entities. Meeting
minutes will be prepared by CONSULTANT to serve as the basis for the railroad coordination
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Calculations be completed in conformance with the City and Los Angeles
i� standards. Flood ' (FIRM) I r w `� impacts.
The xhibi
will concise report outline the project description, impacted areas, yea, o a . identify M Management ' (B MP) and
recommendations, proposed erosion control measures, hydraulic calculations and its.
with the City for concuffence and subsequent incorporation in the drainage and erosion con r.0
designs.
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Task 5 — Preferred Alternative
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Task 6.1 - PreliminaKy EnjJneerin
Completion of final designs for the preferred bikeway alternatives, including any additional I
surveying that must be completed for preparation of construction documents. 11
Task 6.3 - CPUC Pernikhm (Optional)
As an optional task CONSULTANT can prepare a GO 88-B application for improvements to
two at-grade crossings.
Task 6.4 - Construction
As an optional task CONSULTANT can prepare a Construction & Maintenance agreement
between the City and railroad for the project.
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Cost Esdmates
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Task sign Support Services
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Task 8.1 - Design Sugport Services
CONSULTANT will provide design support during construction. This includes conducting site
visits and attending public meetings and presentations to the Planning Commission and City
Council. This task assumes attending up to four (4) site visits or meetings. This task-jiAl �,c a
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CONSULTANT will prepare final construction drawings for the improvements, which will include
6ollowing plan sheets:
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"1; A -M." A- rMiew purposes 1 ", I,,' -ke project 1,;01
Final , "`, 1 ", , 1 1, prepared in MS Word , `b, 1! be submitted to City in + CD as specifi .1
by
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Agreement No 4610
EXHIBIT D 2014 I Segundo Bikeways RFP
SBHP T. O. ®1
illill 11111111111 iiiii'll 111 11 1111liq 111111111
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Development of Cor„ ., Bikeway Design
and r Documents for
Four (4) Streets in the
Agreement No 4610
Request for Proposals
Development of Commuter Bikeway Design
and Construction Documents for
------------------
Purpose
Intreiductioii
Approval by Metro was a necessary step under California Streets and Highway Code, Section 891.2, which
to be eligible for state administm-ed Bicycic Transportation Account grant funds.
Agreement No 4610
SBHP T.O. 0
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strong, in a y 1' ` position tfS apply for local, X federal
f,mplementation grants.
......... ..........
.PrIqject OWective and dope of _ goo
Douglas
Douglas Street, from hnperial Hwy to Rosecrans Ave. The street is wider north of El
Nash Street
Nash Street, from f,', , , {, El Segundo Blvd. I A e configuration is fairl
consistent I o !A!1g
El Segundo Blvd.
El Segundo Blvd., from 1, 1 to Sepulveda Blvd. Additional right-of-way
opportunities become available depending oI the ad'acent on devclonment.
1 Rt : l ,I r 1, '; ` ` -1 I 1 4 '; 1 1 1
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Agreement No 4610
2014 El Segundo Bikeways RFP
SBHP T.O. 2014-1
Task 1: Kickoff meeting with City staff to review design criteria and expectations, obtain
background information, and confirm consultant's understanding of the study
scope or work,
Task 2: Review existing plans, studies and other relevant documentation for the streets
identified above.
Task 3: Preparation of boundary surveys and base maps, including street lane widths,
identification of adjacent property owners, existing utilities and any existing or
potential physical or right-of-way conflicts within the project boundary areas,
including driveway and vehicular turning movement conflicts.
Task 5: Completion of final designs for the preferred bikeway alternatives, including any
additional land surveying that must be completed for preparation of construction
documents. (Final design completed to 100%?)
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1M.411.1110JIM
Project f The Project ,! ;'" - be a registered Professional En' I' f to
practice '.....I the State of California, f: of i' /. civil
engineering practice as a licensed engineer. All plans, drawings, details, produced I !' this
contract be stamped with the Project Manager's other than those produced !
' Landscape Architect one is proposed a member 1 1' of 1!. ` project 7 IAA.
cx-p—enence as a professional
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under f e direct supervision of the Land Surveyor.
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'f f�I f i 1. Ii f f;� 1 ffr1 f
+" li f � f L1 f +► 1 ;,
receiving from the Notice f Proceed. anticipated 1 f 1 "„
if f � f w 1 f i
March 12,2014, 0 a.m. Pre-Proposal Cf I !
El Segundo f' 1 f cil Chamber
350 Main f ..Segundo, i 4
March 31, 2014 P fff Due to City of flf by fM p.m.
April, Late N Individual (date f be determined; last week of !
May 7, 2014
Oversight
SBCCOG Measure R 1 Committee A 1 f - Qi a 4 I to Approve Task Order
May 22, 4
SBCCOG Board of U 1 Y f M Award Project
I' 1, 2014
Complete contract documents; ".f Notice to Proceed
June-October
Completion 8
November,
Final Design Presentation !f El Segundo Planning f 1 I1 fn
December,
Presentation i1 El Segundo Council of Final Project
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"o-MIXOTIMIMT. UMMM-'"�
SBHP T.O. 2014-1
Proposal SWIN�'nfttal Requirements
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Selection Crilerila
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• Experience of the firm(s) with bikeways and multi-modal, alternative traffic corridor
design.
• Understanding of the scope of work and the detailed method proposed for carrying out
the tasks and objectives identified in this RFP; quality of the proposal submitted win be
also considered.
Agreement No 4610
SBHP T.O. 2014-1
Qualifications of key engineering personnel assigned to the project.
tya-rWm "mi-Itay
manner. Past history of successfully completing similar projects will be taken into
consideration,
SWlimissiori . De adhne
..............
A pire-prq�,)osal ineeting i��i scheduled for:
Wednesday, March 12, 2014
11:00 a.m. I
El %qgundo City HalVaty C-*w-WAO-9,iiiAw�
350 Main Street, El Segundo, CA 90245 1
clearly
addressed to-
Stephanie Katsouleas, P.E,
City of El Segundo
350 Main Street
El Segundo, CA 90245
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