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CONTRACT 5475 Professional Services Agreement CLOSED Agreement No. 5475 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF EL SEGUNDO AND KOA CORPORATION This AGREEMENT is entered into and takes effect this 20th day of February, 2018, by and between the CITY OF EL SEGUNDO,a general law city and municipal corporation("CITY") and KOA Corporation, a California Corporation ("CONSULTANT"). The parties agree as follows: 1. CONSIDERATION. 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 nine thousand, eight hundred thirty-eight dollars ($9,838) for CONSULTANT's services over the course of the term of this agreement. 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. Any payment in excess of over $25,000 over the course of the term of this Agreement must be approved by CITY's city council. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit A, which is incorporated herein. B. CONSULTANT will, using a standard of care equal to, or greater than,the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to CONSULTANT, performing under circumstances similar to those required by this Agreement, 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 furnished by CITY as specified in Exhibit A, Scope of Services, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY that lists the tasks performed, the Agreement No. 5475 percentage of the task completed during the billing period, and the cumulative percentage completed for each task. 4. POLITICAL REFORM ACT. CONSULTANT agrees that she will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that she has no financial interests which may be materially affected by the project(s) for which she is performing services. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, she reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700,et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the services or in any way attempting to use her official position to influence the governmental decisions underlying the subject project(s). 5. FAMILIARITY WITH WORK, A. By executing this Agreement,CONSULTANT represents that CONSULTANT has "n. Thoroughly investigated and considered the scope of services to be performed: ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. if services involve work upon any site, CONSULTANT represents that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 6. KEY PERSONNEL. CITY understands and agrees that CONSULTANT may subcontract out some of the work described in this Agreement to a sub-consultant. In the event CITY objects to the continued involvement with this Agreement by any other person selected by CONSULTANT to perform services underthis AGREEMENT, CONSULTANT agrees that it will replace such persons with individuals that are agreed to by CITY. 7. TERM. The term of this Agreement will be from the beginning date of this Agreement until until September 30,2018. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit"A"; Page 2 of 12 Agreement No. 5475 B. Termination as stated in Section 15. 8. TIME FOR PERFORMANCE. CONSULTANT will not perform any work under this Agreement until: A. CONSULTANT furnishes proof of insurance as required by this Agreement; and B. CITY gives CONSULTANT a written Notice to Proceed. C. 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. 9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control. CITY may grant a time extension for the completion of the contracted services. If delay occurs. CONSULTANT must notify CITY within 48 hours, in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. CITY may.but is not required to.extend the completion time,when appropriate,for the completion of the contracted services. 10. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting fi•om changes in the services will be determined in accordance with written agreement between the parties. 11. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 12. 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. 13. PROJECT COORDINATION AND SUPERVISION, A. Brian Marchetti will be responsible for negotiations and contractual matters with CITY's Project Manager. B. (`rel-wa McClain. Planning Manager, will be assigned as CITY's Project Manager and will be personally in charge of and personally supervise or perform the technical execution of the Project on a day-to-day basis on behalf of CITY and wiI I maintain direct communication with CONSULTANT. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT wider 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 Page 3 of 12 Agreement No. 5475 other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A, Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty days before the effective termination date. C. 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 rendered in accordance with the terms and conditions of this agreement up to the effective date of notice of termination, not to exceed the total costs under Section I(C). D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY'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. 17. 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 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. 18. INDEMNIFICATION. A. CONSULTANT agrees to the following; i, lnclemmfrcalion ,for Professional Services. CONSULTANT will save harmless and indemnify, including. without linnitation, CITY's defense costs (including reasonable attorney's fees), from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property Page 4 of 12 Agreement No. 5475 resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees,or representatives, in the performance of this Agreement,except for such loss or damage arising fi•om CiTY's sole negligence or willful misconduct. ii. Mclemnificaflonfbr other Damages.CONSULTANT indemnifies and holds CiTY harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit,or should any claim be brought againstit by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CiTY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CiTY's officers, officials and employees. C. It is expressly understood and agreed that the foregoing provisions 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 22, 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. 19. 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. 20. 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 OF RECORDS. Page 5 of 12 Agreement No. 5475 A. CONSULTANT agrees that CITY,or designee, has the right to review,obtain,and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three years following final payment under this Agreement. B. Upon inspection, CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements of this Section. CONSULTANT will be given a reasonable amount of time to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures will result in immediate termination of this Agreement. C. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective. CONSULTANT must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Epc�of'....Insurance Limits (Combined SJ_In"L) Commercial general liability: $1,000.000 Professional Liability $1.000,000 Business automobile liability $1,000.000 Workers compensation Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury. and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary' such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence." not a "claims made," basis and will not be cancelable or subject to reduction except upon 30 days prior written notice to CITY C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol I (Any Auto) or an acceptable equivalent. Page 6 of 12 Agreement No. 5475 D. Professional liability covet-age will be on an occurrence basis if such coverage is available,or on a claims made basis if not available. When coverage is provided on a claims made basis, CONSULTANT will continue to maintain the insurance in effect for a period of three years after this Agreement expires or is terminated ("extended insurance"). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by City arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, 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 A.M. Best Company Rating equivalent to at least a Rating of"AMI." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may terminate. 23. NOTICES. All communications to either parte by the other party will be deemed made when received by such party at its respective name and address as follows: CiTY: CONSULTANT: EI Segundo Planning& Building Safety Dept. KOA Corporation 350 Main Street 1 100 Corporate Center Dr.. Suite 201 EI Segundo, CA 90245-3813 Monterey Park, CA 91754 Attention: Gregg McClain, Planning Manager Attention: Joel Falter, Vice President 310-524-2393 323-260-4703 gmcclain@elsegundo.org jfaltera koacorp.com 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 time 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. 24. SOLICITATION. CONSULTANT maintains and warrants that she has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that she has not paid nor has she agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee. commission, percentage. brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty. CITY may rescind this Agreement without liability. 25. THIRD PARTY BENEFICIARIES, This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CiTY and not for the benefit of any other party. Page 7 of 12 Agreement No. 5475 There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 26. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County or in the Federal District Court in the District of California in which Los Angeles County is located. 27. ENTIRE AGREEMENT. This Agreement, and its Exhibits, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two Exhibits to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 28. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Proposal for Services/Scope of Work and Budget; B. Exhibit B: Resume. 29. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 30. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable.then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 31. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment signed by both parties. CITY's city manager, or designee. may execute any such amendment on behalf of CITY. 32. EXECUTION OF AGREEMENT; COUNTERPARTS;ELECTRONIC SIGNATURES. This Agreement may be executed in several counterparts, each of which will be deemed to be an original and all of which will constitute one and the same instrument. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic mail in "portable document format" (i.e.. .pdf) form, or by facsimile transmission. Such signature will be deemed to be and treated in all respects as an original signature. Page 8 of 12 Agreement No. 5475 33. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions,the same as if the words importing such covenants and conditions had been used in each separate paragraph. 34. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 35. FORCE MAJEURE. In no event shall either CONSULTANT or the CITY have any claim or right against the other for any failure of performance where such failure of performance is caused by or is the result of causes beyond the reasonable control of the other party due to any occurrence commonly known as a "force majeure," including, but not limited to: acts of God; fire. flood, or other natural catastrophe; acts of any governmental body, labor dispute or shortage: national emergency; insurrection; riot; or war. 36. STATEMENT OF EXPERIENCE. By executing this Agreement. CONSULTANT represents that she has demonstrated trustworthiness and possesses the quality.fitness and capacity to perform the Agreement using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals,with a level of experience and training similar to CONSULTANT, performing under circumstances similar to those required by this Agreement. CONSULTANT represents that its financial resources, surety and insurance experience. service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all Suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 12 Agreement No. 5475 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF EL SEGUNDO KOA CORPORATION a gen a) law city a California Corporation ,en, Greg Ca 11M% J�+oe� �alter ..t '0 .1 v L 'L C�Jjj I D City Mal ager Chi I'Operating Officer ATTEST 0 Taxpayer ID No. 95-4515908 Tracy Weqver, Cit 0 crk� APPROVED AS TO FORM: for I s� Mark D. Helle Y, City Attorney Page 10 of 12 Agreement No. 5475 Exhibit A: Proposal for Services/Scope of Work and Budget Agreement No. 5475 OA CORPORATION 1100 Corporate Center Dr.,Suite 201 Monterey Park,CA 91754 PLANNING 8 ENGINEERING t:323-260-4703 f: 323-260-4705 www.koacorporation.com January 17, 2018 Mr. Paul Samaras Principal Planner City of EI Segundo 350 Main Street EI Segundo, CA 90245 TEL: (310) 524-2340 MB71264 Subject: Revised Traffic Engineering Services Proposal for Smoky Hollow Engineering Concepts and Cost Estimates City of EI Segundo Dear Mr. Samaras, KOA Corporation is pleased to submit the enclosed revised proposal to provide traffic engineering services for the Smoky Hollow Specific Plan on-street parking and related improvements in the City of EI Segundo. We have 30 years working experience in parking design and cost estimating for engineering improvements. We will ensure that this project will be another successful one. The attached proposal presents our scope of services, cost estimate, and schedule. If you concur with the terms of this proposal, you may authorize KOA Corporation (KOA) to begin work by signing the authorization form on this proposal and returning it to our office. The proposal is valid for 30 days. This project will be managed by Mr. Brian Marchetti, AICP. Should you have any questions, or if you require additional information regarding this proposal, please contact Mr. Marchetti at (323) 260-4703. We look forward to the opportunity to work with you to make this project a successful one. Sincerely, KOA Corporation 1 JoFFalter Chief Operating Officer KOA Corporation LOS ANGELES ONTARIO ORANGE SAN DIEGO Agreement No. 5475 KOA CORPORATION PLANNING & ENGINEERING Traffic Engineering Service Proposal Smoky Hollow Improvements Cost Estimates City of EI Segundo, California Summary of (Project The Smoky Hollow Specific Plan traffic study was completed by KOA in September 2017, and KOA assisted the prime consultant MIG in developing preliminary concepts for roadway and on-street parking improvements, including diagonal parking on north-south roadways. For some elements, conceptual designs were produced by KOA and used for urban design concepts by MIG. For other elements, KOA provided general design guidance and some review, but did not produce conceptual engineering designs. On November 6, 2017, the City of EI Segundo (City) requested that KOA provide engineering services to produce engineering cost estimates for all roadway improvements that would be implemented within the Specific Plan area, along with estimated costs for design, permitting and other services. We will also provide estimated costs for maintenance. The scope of work below defines this effort in more detail. Scope of Services The cost estimates will consider typical areas desired by the City for landscaping, where conceptualized by the Specific Plan urban design efforts and desired by the City in the KOA efforts, but not included in the original KOA conceptual designs. Other elements will be considered as well where they would affect the cost estimates. The cost estimates will also consider the need for new curb-returns for typical modified corners on one-way roadways. 1. A draft engineering cost estimate will be produced for City review. 2. KOA will schedule an in-person meeting or conference call with the City to discuss the cost estimate details and potential improvement sequencing based on funding resources and implementation priorities. 3. A phased and detailed engineering cost estimate with construction management and inspection categories will be prepared and provided. Costs will be broken down by a per-space value, and will consider small incremental improved areas of one block in scale (which would be likely as developments pay for the on- street parking upgrades). 4. We will provide a cost estimate for the future provision of engineering design service, permit, and other directly and/or in-direct cost for an engineering design phase, based on our working experience. S. We will coordinate with City maintenance to verify the City's periodic maintenance processing and procedures to provide maintenance cost estimate, We will work with the City to determine the duration for periodic maintenance. Smoky Hollow Improvements Cost Estimates January 17,2018 Traffic Engineering Services Proposal MB71254 -2- Agreement No. 5475 KOA CORPORATION PLANNING & ENGINEERING 6. Cost estimates will be derived from a combination of available sources including Caltrans published data, recent bid prices from other local projects, and any other data that the City might be able to provide for application to the estimates. 7. The cost estimates will be submitted to the City of EI Segundo for review and approval. 8. We will attend a maximum of two meetings at the City of EI Segundo, if needed, to discuss cost estimate details, outcomes, and to reach resolution on comments. Work Scope Assumptions a The work scope is considered complete upon City's approval of the finalized cost estimates. Fees for extra work will be determined prior to the start of that work. W KOA Corporation assumes the cost estimates will be reviewed by the City of EI Segundo. Any revisions requested by the City of EI Segundo will be fully addressed and incorporated into the estimates until they are ready for final approval. Out of Scope Work Services rendered for out—of—scope work will be billed based on a negotiated maximum fee basis. Out-of-scope work includes: 4 Requests, by the City, for items not covered in work program tasks described in this proposal. G Extra work effort required of KOA Corporation in order to expedite the overall schedule or the reviewing agency's plan checking time other than the normal review process. 0 Preparation of conceptual designs, turning templates, and other elements related to conceptual plan revisions from the separate Specific Plan effort. 0 Preparation of street improvement and/or utility connection plans. • Preparation of traffic signal or signal interconnect plan. • Preparation of utility potholing. 0 Design of any onsite improvements. 0 Presentations at public meetings to community groups, City Council, or any Commission. • Preparation and processing of permit applications. O Any traffic studies, traffic counts, or traffic signal warrant analyses. Exclusions The following exclusions describe situations that we frequently encounter that result in the need for extra work and additional compensation: Our approach assumes a consensus regarding the need for this project. We have not allocated any resources to achieving a consensus regarding the need for improvements. Smoky Hollow Improvements Cost Estimates January 17, 2018 Traffic Engineering Services Proposal MB71254 •3. Agreement No. 5475 OA CORPORATION PLANNING & ENGINEERING Attendance at additional meetings, except as specifically indicated in the Scope of Services, will be considered as additional work and billed accordingly. Our fee excludes Permit fees or any costs paid to the City, utility companies, or any other agency for plan checking, construction inspection, or utility records. Additional intersection or roadway improvements not identified in this scope of work. « Coordination with Specific Plan prime consultant on changes to related documents, or separate modifications to original Specific Plan conceptual design plans and report Work Schedule Upon receiving an executed agreement and all pertinent information, we will complete an initial cost estimate within three weeks. Subsequent revisions with detailed cost estimates will be completed within one to two weeks after receiving comments. Fee Estimate The fee for the service would be a lump sum amount of $9,838. Attachment A provides the detailed estimate of required hours and related fees. This total amount is based upon the work scope and level of effort presented above and includes the cost of all related technical and administrative services. The work effort is considered complete upon plan approval. Any additional services requested after plan approval is considered extra work and those fees will be negotiated prior to start of work and secured in writing. If the work is not authorized in thirty days, if changes occur in the work scope or level of effort, or if our work.is suspended for more than 180 days due to any circumstances beyond KOA Corporations' control, we reserve the right to revise the work scope, budget and schedule to reflect current conditions. Such revisions will be effected through mutually agreed upon amendments or modifications to this agreement. The proposal is valid for 30 days and is subject to a 5% annual adjustment. Invoicing Invoices will be submitted monthly, based upon our estimated percentage of completion for each task. We consider the first submittal of the plans as representing 80% completion. Accounts are past due after 30 days. All work will be immediately stopped if any invoice is unpaid for 60 days or more, and such delinquent invoice payments may be subject to a late payment penalty of 1.5 percent per month and/or turned over to a collections agency at our discretion. In any lawsuit brought to enforce the terms of this contract, the prevailing party shall be entitled to their reasonable attorney's fees. Termination The Client or KOA Corporation may terminate this agreement by giving the other party ten days written notice of such termination. KOA Corporation shall receive fee payments from the Client proportionate to the services Smoky Hollow Improvements Cost Estimates January 17,2018 Traffic Engineering Services Proposal MB71254 -4- Agreement No. 5475 FMKOA CORPORATION PLANNING & ENGINEERING completed as of the date of termination. The Client will be entitled to receive deliverables at the level of completion relative to the fee payments received by KOA Corporation. Indemnification KOA Corporation and the City of EI Segundo each agree to indemnify and hold the other harmless from any and all losses, damages, awards, penalties or injuries or costs, including reasonable attorney's fees and cost of defense, which accrue or arise from or result by reason of a claim asserted by a third party which arises from any alleged breach of such indemnifying party's representations and warranties made under this Agreement or such indemnifying party's own negligent acts, errors, and omissions in the performance of their obligation under this Agreement or with respect to the Project. Insurance KOA Corporation is fully able to meet the insurance requirements of this project. The firm has coverage in the following areas: Professional Liability ($1 million per claim, $2 million aggregate), Automobile Liability ($2 million) and General Liability ($5 million). Our Worker's Compensation coverage meets the insurance requirements of California State law. Project Manager Our proposed Project Manager for this project is Brian Marchetti, AICP. The engineering lead will be Mr. Eric Yang, C.E. T.E. If you have any questions about this proposal and our scope of services, please contact Brian or Eric at (323) 260-4703. Authorization The signature below indicates the Client has carefully reviewed this proposal and authorizes KOA Corporation to proceed. Please return this authorization together with a copy of the complete proposal to our office. Our work cannot commence until we receive this written authorization or an executed agreement. Sincerely, Approved By: City of El Segundo (Client) has carefully reviewed this proposal and hereby authorizes KOA Corporation to commence work as indicated within the terms and conditions of this proposal. Joel Falter Date Signed Date C,,iief Operating Officer KOA Corporation Print Name: Title: Smoky Hollow Improvements Cost Estimates January 17,2018 Traffic Engineering Services Proposal MB71254 -5- Agreement No. 5475 N A n IIA 'll�l i it I 1 CD N N IY O K N W y► `U-1 u• ��IIIYi�Ir�;,rIYII Ln T '4 N N ' W � M M • ® W b4 1 N M jI Z N M VIII VIII 20 W Ni U �IYItiIIu Q Z Ui W W W {/1 M .o a N N � LL W s� 1 QL6 �, H �I glyu, W F ° NI��uyp°Ilhl H IIA Iyhiii lu Z O IIA .r II111 I Agreement No. 5475 Exhibit : Resunies Agreement No. 5475 KOA CORPORATION PLANNING& ENGINEERING KOA RESUMES EDUCATION SENIOR TRANSPORTATION PLANNER BS, Urban & Regional Planning, California State Polytechnic Mr. Marchetti is a Senior Transportation Planner at KOA Corporation, University, Pomona, CA (1995) managing traffic impact, circulation, parking, and transit planning studies. He has 21 years of experience in the industry. He has extensive experience with REGISTRATIONS TRAFFIX impact analysis and Synchro signal coordination software packages, American Institute of Certified and multimodal impact approaches to studies. Mr. Marchetti has produced Planners, #016504 (200 1) studies for environmental documentation on multiple projects, ranging from large commercial centers, mixed-use development projects, residential tract PROFESSIONAL AFFILIATIONS developments, public utilities projects, public facility and park projects, American Planning Association, institutional and school facility traffic impact and pedestrian access projects, Member to transit and station interface projects. He is a certified Transportation Planner with the American Institute of Certified Planners (AICP), #016504. Southern California Planning RELEVANT EXPERIENCE Congress, Vice President of Communications EI Segundo Smoky Hollow Specific Plan Traffic/Parking Study Los Angeles County Regional Project Manager. KOA provided a traffic/circulation and parking analysis for Planning History Association this Specific Plan Update. KOA conducted a traffic analysis of constraints and subsequent impacts of opportunity sites and/or land use changes, and conducted a parking study to identify the general availability on-street parking and its configurations and regulations. The study examined pedestrian walking routes, transit access via an existing City shuttle service that links corporate areas to the downtown area, and linkages to the existing and future bicycle facility network. KOA made recommendations for improvements to these routes and linkages. An analysis of the downgrading of a Secondary Arterial classification to a commercial collector classification was included in the effort. On-Call Traffic Engineering, West Covina, CA KOA is a part of the City of West Covina's engineering department preferred traffic engineering consultant list for traffic impact and parking studies. KOA coordinates directly with the City on the project scoping process during the proposal effort and submits the draft product to the City for review and comment prior to the completion of the study. Recent projects include various traffic impact studies, and two parking studies, the LA Fitness traffic and parking study and the West Covina Lakes Office Complex Parking Study and Design Study. Agreement No. 5475 Brian Marchetti, AICP, Page 2 FP KOA d CORPORATION Malibu Coastal Access Public Works Plan Traffic and Parking Study, Malibu, CA Project Manager.The Pacific Coast Highway (PCH) corridor within the City of Malibu is the sole east-west arterial within the larger coastal area as well as the City, and serves connecting neighborhood roadways, residential uses at the shoreline with driveways directly onto the highway, commercial uses that also front the highway, and beach/recreational uses. KOA conducted a review for the Mountains Recreation and Conservation Authority (MRCA) of potential traffic, parking, and pedestrian/bicycle access impacts for eight proposed beach access improvement sites in the PCH corridor. The study used existing data from the separate and in-progress PCH Safety Study being conducted by the City of Malibu and Caltrans. KOA conducted activity monitoring at two existing improved sites, collected parking supply and demand data for PCH on-street parking areas within walking distance of each site, incorporated use estimates provided by MRCA, reviewed access routes for pedestrians crossing PCH, and identified significant traffic, parking, and access impacts near each site and within the larger study area. La Alameda, Los Angeles County, CA The Los Angeles County Department of Public Works requested a traffic analysis to determine project traffic and parking impacts for a new commercial development on the southeast corner of Alameda Street and Florence Avenue. KOA collected manual peak hour turning movement counts, researched information on other approved and pending projects, performed a field inventory of roadways, traffic operations and parkin, computed the number of trips generated by the project, and summarized the data in a report examining impacts from several scenarios. Mr. Marchetti aided in the field surveys and assisted in the analysis, quantitatively assessing the traffic impacts at 12 intersections. He also helped prepare the final report for submittal to the County. East Los Angeles Specific Plan, Los Angeles, CA Project Manager. KOA conducted the traffic and parking analysis for the proposed East Los Angeles Specific Plan, encompassing all properties located within one-half mile radii of the four Metro Gold Line stations, and other targeted parcels between the boundaries of Cesar Chavez Avenue, Indiana Avenue, Whittier Boulevard, and Margaret Avenue. The environmental documentation was to be a program document, identifying potential impacts for buildout of the specific plan area, and the overall cumulative impacts of Specific Plan and area development. The traffic study focus on potential impacts within and adjacent to the proposed mixed-use corridors and related land use intensification, calculation of increased trip generation and related reductions for shared uses, pass-by trips, and transit use, and examination of potential parking demand and recommended parking requirements. Rosemead Boulevard Safety Enhancements Design/Study, Temple City, CA Traffic Task Manager, Planning. Mr. Marchetti conducted the project traffic impact and parking analysis document. The traffic analysis effort included estimates of potential traffic re-routings caused by the closure of mid-block driveways and installation of center raised medians. KOA defined design alternatives, and produced final design plans for signing& striping, street lighting and decorative pedestrian lighting, and traffic signal modifications to conform to MUTCD and ADA requirements. This project also featured separated (buffered) bike lanes, or cycle tracks, situated between the parking lanes and sidewalks. The project had its grand opening on May 10, 2014. This project received a 2014 Merit Award in Urban Design from the AIA California Council, won the ASLA Southern California Chapter"Quality of Life" award (2014), and was selected for a "Best 10 new bike lanes of 2014" recognition from the PeopleforBikes organization. Agreement No. 5475 KOA CORPORATION PIANN ING I'r, .,v li PA114a. KOA RESUMES ERIC YANG, 9 TE EDUCATION SENIOR ENGINEER BS, Civil Engineering, California State Polytechnic University, Mr. Yang has prepared plans, specifications, and estimates (PS&Es) for a wide Pomona, CA (2001) variety of projects including street designs, traffic signals, signal timing, fiber optic interconnect designs, flashing beacons, red light enforcement, Advanced Traffic Signal pedestrian friendly crosswalks, signing and striping projects, as well as Operations, University of worksite traffic control design projects. Mr. Yang has prepared California, Berkeley Extension, CA encroachment permits and Permit Engineering Evaluation Reports (PEER). He (2005) has extensive experience with Caltrans, the City of Los Angeles, the County of Los Angeles, and many other Southern California cities and agencies. Mr. Basic Traffic Signal Design Yang has prepared traffic signal timing in the City of Los Angeles', Bi-Tran, Certificate, and LACO program formats. Mr. Yang is an Expert Consultant for the University of California, Berkeley Traffic Engineer Examination Recruitment for the California Board of Extension, CA (2002) Professional Engineers, Land Surveyors, and Geologists. He is both a California registered Traffic Engineer (CA#2672) and a Civil Engineer (CA REGISTRATIONS #83116). Professional Engineer (Traffic), CA #2672 RELEVANT EXPERIENCE Professional Engineer (Civil), CA EI Segundo Smoky Hollow Specific Plan Traffic/Parking Study #831,16 Project Engineer. KOA provided a traffic/circulation and parking analysis for this Specific Plan Update. KOA conducted a traffic analysis of constraints and PROFESSIONAL AFFILIATIONS subsequent impacts of opportunity sites and/or land use changes, and International Chinese conducted a parking study to identify the general availability on-street parking Transportation Professional and its configurations and regulations. The study examined pedestrian walking Association Chapter, Southern B California Chapter, Board Member routes, transit access via an existing City shuttle service that links corporate (2013-present) areas to the downtown area, and linkages to the existing and future bicycle facility network. KOA made recommendations for improvements to these routes and linkages. An analysis of the downgrading of a Secondary Arterial classification to a commercial collector classification was included in the effort. Huntington Drive Capacity Improvement Project, Phase 2, Arcadia, CA Project Engineer. In the second phase of the Huntington Drive Capacity Improvement Project for the City of Arcadia, KOA prepared design plans to implement additional improvements on Huntington Drive and Santa Clara Street. The scope included installation of median islands, a curb ramp upgrade, pedestrian walkway improvements, traffic signal modifications, and signing and striping improvements. KOA prepared a Synchro traffic analysis and prepared geometric design alternatives, designed a system to alert/prevent wrong-way drivers near City Hall and prepared a traffic study and conceptual geometric layouts. Mr. Yang prepared signing & striping and traffic signal plans. Agreement No. 5475 Eric Yang PE Page 2 ffl', KOC CORPORATION Culver City Pedestrian and Bicycle Facility Assessment, Culver City, CA Project Engineer. KOA is currently providing traffic control plans to accommodate the construction of a bridge crossing over Venice Boulevard and Robertson Boulevard associated with the Mid-City/Exposition LRT Project in the City of Los Angeles. The construction consists of a sewer bypass, communication and electrical service relocations, installation and removal of falsework, and miscellaneous street improvements on Venice Boulevard and Robertson Boulevard. The traffic control requires coordination with the City of Los Angeles, Caltrans, and City of Culver City. Mr. Yang provided traffic control design. Huntington Drive Capacity Improvement Project, Phase 2, Arcadia, CA Project Engineer. In the second phase of the Huntington Drive Capacity Improvement Project for the City of Arcadia, KOA prepared design plans to implement additional improvements on Huntington Drive and Santa Clara Street. The scope included installation of median islands, a curb ramp upgrade, pedestrian walkway improvements,traffic signal modifications, and signing and striping improvements. KOA prepared a Synchro traffic analysis and prepared geometric design alternatives for the installation of bike lanes and a two-way left turn lane on Santa Clara Street, including the possible removal of on-street parking. KOA designed a system to alert/prevent wrong-way drivers near City Hall. KOA also prepared a traffic study and conceptual geometric layouts to analyze and recommend future build-out improvements on Huntington Drive. Mr. Yang prepared signing& striping and traffic signal plans. Space X Parking Structure Traffic Signal Improvements Project, Hawthorne, CA A new multi-level parking structure for Space X was constructed on the east side of Crenshaw Boulevard between Jack Northrup Avenue and Rocket Road in the City of Hawthorne. The project required signing and striping modification along Crenshaw Boulevard between Jack Northrup Avenue and Rocket Road to allow access into and out of the new parking structure. Traffic signal modifications were also required at the intersections of Crenshaw Boulevard at Jack Northrup Avenue and Crenshaw Boulevard at Rocket Road. In addition,the signal modifications required rail road and emergency vehicle pre-emption signal time calculations and railroad relay design. Coordination with the City, Space X, Union Pacific Railroad (UPRR) and the California Public Utilities Commission (CPUC) was required to discuss the requirements of the project. Additional field meetings held with UPRR and the CPUC to discuss railroad related issues. NBC US-101 & Universal Studios Boulevard Improvement Project, Los Angeles, CA/Caltrans Project Engineer. KOA provided services to obtain the City of Los Angeles "B" Permit for traffic signal, signing& striping, and street lighting plans to accommodate the Ramps modifications. We also prepared an overhead sign plan for the proposed new Southbound On-ramp on Universal Studios Boulevard, as well as preparation of two closed-circuit- television cameras (CCTV) and a changeable message sign (CMS) plans, including design of ITS system connecting the proposed CCTV and CMS to the City of Los Angeles ATSAC system. The project also included preparation of Caltrans ITS plans for modification of the Caltrans communication system on US-101 Free way affected by the project. Mr. Yang was in charge of CCTV and traffic interconnect design, Verdugo Road/Honolulu Avenue Intersection Project, Glendale, CA Project Engineer. KOA prepared street improvement plans, a traffic signal plan, and a signing and striping plan for the City of Glendale to modify the intersection of Verdugo Road-Montrose Avenue/Verdugo Boulevard-Honolulu Avenue. The design included reconfiguration of the intersection geometry to reduce vehicular speeds for northbound right turn traffic, addition of dual left turn lanes on two of the intersection approaches, modification of a raised median island, improvements to pedestrian accessibility, addition of bike lanes, and a complete upgrade of the traffic signals. KOA also conducted an AutoTurn analysis of the intersection. Mr. Yang served as the project engineer for the signing& striping and traffic signal design. He also served as the contracted plan reviewer for the City of Glendale and he reviewed other consultant's design plans. Agreement No. 5475 KOA CORPORATION PLANNING 8 ENGINEERING KOA RESUMES ALBERT KAM, PE EDUCATION ASSOCIATE ENGINEER California State University, Los Angeles 2008-present Mr. Kam is an Associate Engineer with KOA Corporation and has assisted in BS, Civil Engineering numerous projects for both public and private developments throughout Southern California. He has considerable experience in preparing traffic signal REGISTRATIONS modification plans and cost estimates. Mr. Kam's expertise includes working Traffic Engineer, CA#2844 on traffic signal, signing& striping, street lighting, and work site traffic control plans. He also has experience designing parking lot layouts. He is an expert with AutoCAD, Microstation and Autoturn software. RELEVANT X RI NC EI Segundo Smoky Hollow Specific Plan Traffic/Parking Study Project Engineer. KOA provided a traffic/circulation and parking analysis for this Specific Plan Update. KOA conducted a traffic analysis of constraints and subsequent impacts of opportunity sites and/or land use changes, and conducted a parking study to identify the general availability on-street parking and its configurations and regulations. The study examined pedestrian walking routes, transit access via an existing City shuttle service that links corporate areas to the downtown area, and linkages to the existing and future bicycle facility network. KOA made recommendations for improvements to these routes and linkages. An analysis of the downgrading of a Secondary Arterial I classification to a commercial collector classification was included in the effort. Sunset Spectacular Parking and Traffic Analysis, West Hollywood, CA Project Engineer. KOA provided Traffic Engineering Services to provide conceptual parking layouts for a City-owned parking lot in West Hollywood. The goal project was to reconfigure the parking lot prior to the installation of a new billboard.The parking layout alternatives included various surface lot configurations to maximize parking and improve circulation. A multi-story parking structure conceptual layout was also prepared. Hawaiian Gardens Casino Parking Layout Project Engineer. KOA provided Traffic Engineering Services to provide a conceptual parking layout design for the Hawaiian Gardens Casino parking lot.The goal of the project was to reconfigure the parking lot, valet, drop-off and pick-up area due to construction of a new casino building. The parking layout design included designated valet parking and pick-up/drop-off areas located near the casino entrance. Mr. Kam helped prepare conceptual parking lot layout drawings. Agreement No. 5475 Albert Kam, PE, Page 2 KOA CORPORATION PLANNING 8 ENGINEERING Los Angeles Housing Authority (HACLA) Sites Parking Study, Los Angeles, CA KOA conducted an analysis of the general intensity and distribution of parking demand at 14 public housing sites in various neighborhoods of Los Angeles. A review was conducted of typical parking demand at each site on a weekday and on a Saturday. Determinations were made as to whether or not existing parking facilities could be reconfigured or expanded slightly to better provide supply where needed. Cost estimates of the conceptualized improvements were developed. A summary report was provided, with individual sections focusing on each site,the data collection, problems identified, and the solutions recommended. Mr. Kam prepared conceptual parking layouts for this study. Long Beach Community College (LBCCD) Parking Structure Alternatives Analysis and Design, Long Beach, CA Project Engineer. KOA provided Traffic Engineering Services to provide a conceptual parking structure layout design for Long Beach City College. The goal of the project was to provide additional on campus parking. Parking layout concepts were provided for two structures. Mr. Kam helped prepare the conceptual parking lot layout drawings. KOA also conducted an analysis of traffic impacts and circulation issues at both Long Beach City College campuses. Palos Verdes High School Parking Analysis Project Engineer. KOA provided Traffic Engineering Services to provide a conceptual parking structure layout design for Palos Verdes High School. The goal of the project was to provide standard and tandem parking options to increase available on campus parking. The parking layout concepts included both standard and tandem parking areas. Fallbrook Mall Parking Layout Design Project Engineer. KOA provided Traffic Engineering Services to provide a parking layout design for the Fallbrook Mall Project in the West Hills neighborhood of the City of Los Angeles. The goal of the project was to reconfigure the parking layout due to construction of a new driveway. Parking layouts were prepared at two locations to meet City of Los Angeles parking and ADA standards. On-Call Traffic Engineering Services, City of West Hollywood, CA KOA Corporation assisted the City of West Hollywood in numerous traffic engineering projects and services, which included signal timing optimization and implementation at 3 major corridors, comprising over 36 intersections and the preparation and update of pedestrian clearance time, conforming to the latest MUTCD standard. KOA staff also reviewed existing intersection operations and made appropriate recommendations for sharing pedestrian crossing times with parallel through and non-conflict left turn movements. KOA prepared the City's traffic design guidelines and checklists and recommended signal system upgrade tasks for the City, including advanced loop detectors, emergency vehicle preemption devices, and a bus priority system. Mr. Kam performed field work for this project. He also prepared traffic signal modification plans and helped prepare the cost estimate. Glendale Traffic Signal Design Services, Glendale, CA KOA Corporation assisted the City of Glendale Traffic and Transportation Division in designing traffic signal upgrades at 6 signalized intersections along Glenoaks Boulevard and a new traffic signal installation at the intersection of Wilson Avenue and Sinclair Avenue. KOA's design scope included designing curb ramps at these intersections to conform to current standards. The design of these improvements was completed on an accelerated schedule with the first plan submittal for six intersections completed in only 2 weeks. KOA's work scope was later expanded to include plan checking services for the City of Glendale. Mr. Kam helped prepare traffic signal plans for 7 locations in the City of Glendale.