City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the Redevelopment Agency (“The Agency”) approve an
agreement with KTGY Inc., to develop a conceptual site plan and related
engineering plans for the Washington National Project (Project) in order to complete
the background work required for moving forward with the project.
BACKGROUND
Staff has been studying the feasibility of incorporating an intermodal bus layover
along Venice Blvd. within the Washington National project. To implement this use,
the City must obtain an encroachment permit from Cal Trans for a portion of the
Venice Blvd right–of-way. To this end, engineered plans related to this potential use
must be developed as part of the application process.
Additionally, in January 2008, Culver City received a grant from the Southern
California Association of Governments (“SCAG”) to study the feasibility and
development of the Project. One component of this grant is the development of
digital visualizations that would highlight the Project massing and configuration as it
relates to the surrounding neighborhood. A scaled site plan is required to complete
this work.
DISCUSSION:
Staff has worked closely with KTGY Inc, on parking studies for the Project. The
firm is familiar with the site area, its relation to the Metro Right of Way and the
Project development objectives and has prepared accurate AutoCAD drawings of
the site. The scope of their work will encompass the development of a conceptual
Meeting Date: 2/17/09 Item Number: C-4
AGENDA ITEM: Approval of an Agreement with KTGY Inc. to Develop Conceptual
Site Plan for the Washington National Project.
Contact Person/Dept.: Sol Blumenfeld
Elaine Gerety Warner
Phone Number: 310.253.5702
310.253.5777
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master E-Mail Notification List (2/12/09)
Department Approval:
Sol Blumenfeld: (02/11/09)
:
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (02/11/09)
Executive Director Approval:
Jerry B. Fulwood (02/11/09) City of Culver City, California
Agenda Item Report
site plan (based on Agency provided development program) to include Metro’s
Clean Mobility Center and the proposed intermodal bus turnout. (Attachment 1). A
sub-contract with Psomoas will be executed for the development of engineered
encroachment permit drawings of the Venice Blvd. properties in conformance with
Cal Trans application requirements. Staff will utilize this information to process the
Cal Trans application permit application. The data and plans derived from this work
will also be utilized during the RFP/RFQ process for a developer, once the Project
site is ready for disposition to a developer.
FISCAL ANALYSIS:
KTGY’s agreement would be based on a not-to-exceed total contract of $63,425. It
is broken down as follows:
KTGY Conceptual site plan $18,000
KTGY Administrative costs $5,925
Psomas Subcontract $39,500
Psomas’s scope of work includes funds for Meetings/Coordination which will be
billed on an as needed basis. As a cost savings measure, staff will process the
application, but may require some assistance from Psomas. The scope of work also
includes the development of “as-builts” once the Project is completed and support
services related to construction. As this Project is not anticipated to be complete for
three - four years, these items may need to be re-adjusted slightly to reflect real time
costs. Funds for this agreement have been budgeted in Program 55092620.619800
(Washington National -Other Contractual Services). It is requested that work on this
project begin immediately after contract authorization and approval.
ATTACHMENTS:
Exhibit A – KTGY/Psomas Proposal for Work
MOTION:
That the Redevelopment Agency:
1. Approve an Agreement with KTGY, Inc. to develop a conceptual site plan and
related engineering plans for the Washington National Project in order to complete
the background work required for moving forward with the project in a not to exceed
contract of $63,425 allocated from account 55092620.619800, and;
2. Authorize Agency General Counsel to review/prepare the necessary documents,
and; City of Culver City, California
Agenda Item Report
3. Authorize the Executive Director to execute such documents on behalf of the
Redevelopment Agency.
MEETING DATE: February 17, 2009
AGENDA ITEM: Authorization to Enter into an Agreement with KTGY Inc. to
Develop Conceptual Site Plan for the Washington National
Project.
ATTACHMENTS
Pages
1. KTGY/Psomas Proposal 1 - 17February 4, 2009
Mr. Sol Blumenfeld
Assistant Executive Director
Redevelopment Agency
Community Development Department
9770 Culver Boulevard
P.O. Box 507
Culver City, CA 90232-0507
Re: Site Planning Services to prepare: I.) Conceptual Site Plan for Washington National
Project and, 2.) Encroachment Permit Applications for proposed bus intermodal
service.
Culver City, California
KTGY No. 20090050
Dear Sol,
Our KTGY team has enjoyed working with the Culver City Community Development
Department over this past year. We thank you for the opportunity to provide you with this
proposal for both site planning services as well as the coordination of Caltrans engineered
Encroachment drawings.
The KTGY team prides itself in its ability to translate a Client's needs and desires into an
aesthetic, workable product which has lead to a history of successful, award-winning projects.
Accordingly, the KTGY Group is pleased to submit the following proposal for the services
necessary to provide you with conceptual design and planning documents for the City's transit
oriented development project.
A description of this development, as we understand it based upon our meeting, KTGY's
proposed scope of services and proposed compensation are as follows:
PROJECT DESCRIPTION
Conceptual site planning for an approximately 4.1 acre site located at the intersection of
Washington and National Boulevards in Culver City, California. The program, as stated in our
meeting with you, is as follows:
I. Bus Encroachment (As recommended by Transportation Department)
IL Site Plan (Per preliminary plan approved by Agency)
III. CAD Generated Parking LevelsIV. Two (2) Diagrammatic Sections
Whether or not the Client is able to obtain Caltrans clearance bears no relevance to the
requirements of this contract.
By signing this agreement, Client agrees to pay KTGY Architecture on an hourly basis in
accordance with the attached Rate Schedule referenced as Exhibit "A" plus reimbursable
expenses.
SCOPE OF SERVICES AND COMPENSATION FOR SERVICES
Planning and Conceptual Design
During this phase, KTGY will develop planning concepts and a conceptual design for inclusion
into the City's future Request for Qualifications document for the site.
Client has provided KTGY with a topographic/ALTA survey which KTGY will be able to rely
on for accuracy.
Client will supply street design and related dedications to show net site areas.
Scope of Work and Fee
• Development of the Engineered Encroachment drawings per the attached proposal from
Psomas.
• Development of lsite plan reflecting identified development program and project layout.
The plan shall be drawn in CAD on a refined base reflecting the net site area.
Upon your review and comments, we shall continue refinement of the site plan as directed by
the Client.
• Plans shall contain project summary, parking analysis, as well as additional preliminary site
information required by the City Culver City.
General
• Attendance at up to two (2) coordination meetings with planning staff, Client, or other Client
retained consultants in the City of Culver City, as well as general project coordination,
administration, etc.
Total fee for the aforementioned scope of services:Engineered Encroachment drawings (Per attached proposal from Psomas
$39,500 X 1.15 =
$45,425 (plus reimbursable expenses)
Architectural Conceptual Design and Site Planning
Hourly allowance not to exceed $18,000.00 (plus reimbursable expenses)
Non-scope Services
• The above-described services are based on routine applications that do not require special
procedures or the preparation of additional information. All plans and other documents will
be prepared only once. Items of service that are not specified in the scope shall not be
assumed to be included.
Exclusions
The following items are further excluded from the scope of this Agreement:
• Verification of any existing off-site or on-site conditions; (To be supplied by the Client)
• Topographic, boundary or site surveys; (To be supplied by the Client)
• Soil Reports, investigation or recommendations; (To be supplied by Metro)
Additional Services/Changes in Service
It may be necessary for KTGY to perform services beyond the scope of services described
above. Should any unforeseen changes in the scope of service arise, to the extent feasible, you
will be notified of the circumstances and we will obtain your authorization before performing
such additional or revised services or incurring related additional out-of-pocket expenses. Such
items of service may include, but are not limited to the following:
COMPENSATION
Compensation shall be as noted above for our services and shall be on an hourly basis using our
standard hourly rate schedule which is attached as Exhibit "A", with a maximum as described
above, plus reimbursable expenses.
If Architect hires professional consultants, Architect is hiring them for coordination purposes
only. Architect is not an expert in any of their disciplines and assumes no responsibility for their
work product.
Additional services, if required, would be billed on an hourly basis per the standard rate
schedule, attached as Exhibit "A".Reimbursable expenses, including printing, photography, plotting, airfare, car rental, etc. shall be
billed at a rate of 1.15 times that invoiced to us.
If this proposal is acceptable to you, under the terms and conditions in Exhibit "B" please
indicate by signing below as well as providing us with the retainer referenced above.
If you have any questions regarding this proposal or need any further clarification, please do not
hesitate to call.
Sincerely,
KTGY GROUP, INC
Laurel Gillette, AIA
Studio Director
Mr. Sol Blumenfeld
Assistant Executive Director
Redevelopment Agency
Community Development Department
Finance Date: Exhibit "A"
KTGY Group, Inc.
Hourly Rate Schedule
Level I: PRINCIPALS
Level II: DIRECTORS
(Design/Planning/Architecture/
Senior Project Management)
Level III:
ASSOCIATE DIRECTORS
(Design/Planning/Architecture/
Project Management)
Level IV:
SENIOR PROFESSIONALS
(Senior Designer/Planner/Architect)
Level V:
PROFESSIONALS
(Project Designer/Planner/Architect)
Level VI:
PROFESSIONAL STAFF
(Designer/Planner/Job Captain)
Level VII:
SENIOR STAFF
(Designer/Planner/Senior CADD)
Level VIII:
TECHNICAL STAFF
(Graphics/CADD)
Level IX:
ADMINISTRATIVE STAFF
(Dept. Asst./Word Processing)
$190.00/Hour
$ 170.00/Hour
$155 .00/Hour
$140.00/Hour
$125.00/Hour
$100.00/Hour
$ 90.00/Hour
$ 80.00/Hour
$ 65.00/HourExhibit "B"
Additional services will be compensated on an hourly basis on the rates set forth in our standard rate schedule as provided in
Exhibit "A" attached hereto, against the fees as provided in the proposal.
Progress Payments: Payments for Basic and Additional Services and Reimbursable Expenses shall be due and payable upon
receipt of the invoice. Our invoices for progress payments for Services shall be based on hours incurred on the Project during the
previous billing period, unless the basis of compensation is a lump sum unit rate, or percentage fee, in which case progress
payments shall be based on our determination of the percentage of services performed through the previous billing period.
Disputes or questions regarding an invoice or a portion of an invoice shall not be cause for withholding payment for the
remaining portions due. Amounts unpaid thirty (30) days after the issue date of our invoice shall be assessed a service charge of
one and one-half percent (I-1/2%) per month on outstanding balances.
Additional or Hourly Services of Consultants: For Additional Services or other hourly services, compensation shall be a multiple
of plus one and one-fifteenth (I.15) times any consultants' invoices to us.
Reimbursable Expenses: For the Reimbursable Expenses, our compensation shall be computed based on a multiple of 1.15 times
the amounts invoiced to us.
No deductions, offsets or withholdings shall be made from our compensation for any reason unless the Architect has been found
to be legally liable for such amounts. Payments to us for compensation and Reimbursable expenses due shall not be contingent
on the construction, completion, or ultimate success of the project. Payment to us shall not be withheld, postponed, or be
contingent upon receipt by the Client of offsetting reimbursement or credit from the Contractor or other parties causing
Additional Services or expenses.
Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on an hourly basis
shall be available to the owner or the owner's authorized representative at mutually convenient times. If the Client requests that
we provide copies of invoices, vouchers or any other backup documentation, we shall be compensated for providing such copies,
at our current printing and hourly rates.
Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by us
and our employees and consultants, if any, in the interest of the Project, as identified in the following clauses:
Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel, including
mileage at the standard Federal rate as provided for under Internal Revenue code; long-distance communications, sales taxes; and
fees paid for securing approval of authorities having jurisdiction over the Project.
Expense of reproductions, postage, messengers, delivery, telecopying, facsimile, and handling of drawings other document, and
other data communications and telecommunications.
If authorized in advance by the Client, expense of overtime work at 1.5 times the employee's billable rate which is in addition to
that required under the Basic Services.
Expense of renderings, models, mock-ups, photography, and reprographics not included under Basic Services.
Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Client in excess of
that normally carried by us and our consultants if any.
Attorneys Fees: In the event it is necessary for either party to employ an attorney to interpret, enforce or otherwise give effect to
this agreement, then the prevailing party shall be entitled to recover reasonable attorneys' fees and costs whether or not the matter
proceeds to trial.
Limitation of Liability: In light of the limited ability of the Architect to affect the risks inherent in the Project, and of the
disparity between Architect's fee and the potential liability exposure for problems or alleged problems with the Project, Client
agrees that if Architect should be found liable for loss or damage due to a failure on the part of Architect, its liability shall be
limited to an amount equal to the refund of Architect's fee, or the sum of fifty thousand dollars (S50,000.00), whichever sum shall
be less, as liquidated damages and not as a penalty, and this liability is exclusive. This paragraph shall apply in the event of loss
or damage, directly or indirectly to person or property from the performance or non-performance of the obligations set forth by
the terms of this Agreement, or from the negligence, active or passive, or Architect, its architects, agents, employees, or
independent contractors.PSOMAS
EXHIBIT 'A'
KTGY GROUP, INC.
WASHINGTON-NATIONAL PROJECT
SCOPE OF SERVICES
February 5, 2009
ENGINEERING AND SURVEY PROJECT UNDERSTANDINGS:
This project consists of the design and preparation of survey and civil engineering documents related to
the Washington-National Project, located in Culver City. This proposal is based on the following
assumptions related to the proposed project:
• Client will provide agency fees for filing applications and plan checking.
• Client will provide Current Title Report, if required.
• Client will provide Soils Reports, if required.
• Client will process all plans, no processing will be provided by Psomas.
• Client will provide architectural drawings including foundation plans.
• The project will be designed and constructed in one phase.
• Client will contract separately with a consultant specializing in dry-utility coordination. These
services are not included in this scope.
• To our knowledge, this proposal was prepared without the benefit of review of the site plan by
the local agencies or issuance of governmental requirements. If upon agency review, the
requirements for off-site improvements or substantial revisions are imposed, Psomas has the right
to adjust this Scope of Services and associated fees.
• Should the project be put on hold by the Client or Agency, for a period of six (6) months or
longer, Psomas will have the right to review the contract fee summary and make appropriate
revisions based on annual adjustments to Psomas fee schedule, changes to the scope of services,
as well as start up costs incurred by Psornas.
• This proposal and fee summary is valid for 90 days from the date of preparation. If a contract is
not executed within this time frame, Psomas has the right to adjust the scope of services and/or
fee summary based on changes in project direction, new information provided to our office, or an
adjustment made to the Psomas fee schedule.
SECTION A - SURVEY SERVICES:
1. Design Survey — While we have provided survey for the site before, road widening per Caltrans
standards require some additional design survey. This service includes field and office survey of
the approximately 40' wide by 250' long area to be widened. Additional surface elevations and
culture will be collected along this strip, and cross-sections will be prepared at an interval of 25'
plus 50' at each end. This service will be provided one time only, on a fixed fee basis.
SECTION B - ENGINEERING SERVICES:
2. Research and Site Review — Psomas will visit the site and contact the appropriate agencies and
internal sources to obtain relevant reference information for the project. This information and
documentation may include: record plans, centerline ties, available improvement plans, general
design criteria, and utility drawings as needed and available to establish the base information and
constraints for the project. We estimate a budget of fifteen (15) hours. We propose to provide
the service one time only, on a fixed fee basis.
Pg. 2
VsWestlallwlasharelENGINEERING \ Land Development Proposal31KTGY Group, Inc. - Washington National Project - 01-29-09 SKTGY Group,Inc.- Washington National Project
- 02-05-09.docPSOMAS
EXHIBIT 'A'
KTGY GROUP, INC.
WASHINGTON-NATIONAL PROJECT
SCOPE OF SERVICES
February 5, 2009
3. Construction Plan — We will prepare a Caltrans format Street Widening Plan per the Caltrans
requirements. The four (4) sheet plan will be prepared at a scale of l"=20' and will include the
following:
a_ Cover Sheet
b. Plan & Profile for street widening
c. Street Lighting Plan
d. Traffic Control Plan
We propose to provide this service one time only, on a fixed fee basis.
4. Meetings and Coordination — Management and meetings time will be provided for Client,
Client's consultants, in-house and agency coordination for the design, production, and minor as
required by the local agencies. Psomas will provide the Client or the Client's architect with
pertinent information to be incorporated into the development review application. We estimate a
budget of twenty (20) hours and propose to provide the service on a time and materials basis. If
additional budget is necessary, we will request a budget increase.
5. As-Builts — Based upon the understanding that no additional revisions will be required, we will
prepare and process the As-builts plans for the above listed plans per Caltrans and Culver City
requirements for bond release. We propose to provide this service one time only, on a fixed fee
basis.
6. Support During Construction — After plans approval, and prior to and during construction, we
will meet with the construction manager, conduct site visits, and respond to RFTs as requested
for clarification of our construction plans on an as needed basis, and as directed by the Client.
We will not advise the contractor on means and methods of construction. Due to the unknown
level of effort required for this effort, we propose to provide this service on a time and materials
basis with an expected budget. This budget is based on approximately twenty (20) hours of
effort during the construction period based on a project of this type. If due to unforeseen issues,
additional budget is required, we will notify you in writing for a budget increase.
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WestIa1SwlasharMENGINEERIN61tand Development Proposals \ KTGY Group, Inc. - Washington National Project - 01-29-09 SKTGY Group, Inc. - Washington National Project
- (12-05-09,doc —PSOMAS
EXHIBIT 'A'
KTGY GROUP, INC.
WASHINGTON-NATIONAL PROJECT
SCOPE OF SERVICES
February 5, 2009
ENGINEERING AND SURVEY EXCLUSIONS:
1. The following services are specifically excluded from this scope as not provided by Psomas:
• Title Company fees for all preliminary and final reports and documents.
• Soils Engineering
• Structural Engineering (including retaining wall calculations, structural details, and retaining
wall profiles)
• Landscape and Irrigation Plans and Calculations
• Noise study
• Hydrant flow tests
• Owner will be responsible for implementation of site monitoring and inspecting program as
described in the SWPPP.
• Site monitoring, inspection, and reporting program implementation as described in the SWPPP
and the certification section of the NOI.
• Quantities and estimates prepared by this office will be for comparison purposes only. All
contractors should budget their bids according to their own estimates.
• Other agency or legislative requirements outside the General Permit
• Annual Certification as described in the SWRCB General Permit No. CAS 000002, Order No.
99-08-DWQ.
• Traffic studies
• Any additional items not specifically stated in the scope
2. The following services can be provided by Psomas, but are specifically excluded from this
proposal:
• Separate revisions to work completed or underway due to a change in information or instruction
provided to Psomas by the Client or Client's consultant(s).
• Erosion Control Plan
• Plans Processing
• Other construction plans
• Engineering studies
• Assistance in relocation of overhead utility lines.
• Changes to any designs resulting from a revision to or re-definition of Agency policies
• Construction Staking Services
• Preparation of any separate instrument dedications, legal descriptions or exhibits other than those
noted above. Also excluded are revisions as requested by client once the legal descriptions have
been submitted to the client.
• Research and plotting of utilities or excavation of or further investigation of the utility type or
material. Also excluded is any subsurface detection or location of any transit or related
structures.
• SWPPP Report, SUSMP Report, NOI Submittal.
• Any additional items not specifically stated in the scope.
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51Westla1lw1asharelEN3/NEERINGSLand Development ProposalitKTGY Group, Inc. - Washington National Project - 01-29-09NKTGY Group, Inc. - Washington National Project
- 02-05-09.doc -PSOMAS
SCHEDULE 'A'
KTGY GROUP, INC.
WASHINGTON-NATIONAL PROJECT
FEES
February 5, 2009
THE CLIENT AGREES TO PAY THE CONSULTANT AS COMPENSATION FOR THE ABOVE-
NAMED PROFESSIONAL SERVICES:
TASK
FEE
SECTION A - SURVEY SERVICES:
1. Design Survey
$ 5,500
SECTION B - ENGINEERING SERVICES:
2. Research and Site Review $ 3,000
3. Construction Plan $ 20,000
4. Meetings and Coordination $ 5,000*
5. As-Builts $ 2,500
6. Support During Construction
$ 3,500*
Subtotal: $ 34,000
TOTAL BUDGET: $ 39,500
* Services to be provided on a time and materials basis.
Payment is due upon receipt of invoice.
Consultant's work will stop if invoices are outstanding by more than 60 days. If work is stopped, Consultant
shall be held harmless for consequential damage. A minimum restart fee of $2,000.00 shall be applied if work
is stopped at the request of the Client or as a result of delinquent invoices.
As may be requested by the Client, additional services beyond those described in Exhibit 'A,' Scope of
Services, shall require additional fees to be negotiated between the Client and Consultant.
Psomas shall not be held responsible for lack of information or erroneous information or direction given to
either the Client or Consultant by government officials.
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MVestlallwlashare liENGINEERINGWand Development Proposals \KTGY Group, Inc. - Washington National Proicet - 0 I -29-091KTGY Group, Inc. - Washington National Project
- 02-05-094oc —AGREEMENT BETWEEN CLIENT AND CONSULTANT
Project No.
Agreement entered. into at Los Angeles, California. on. this date of February 5 2009 , by and between:
KTGY GROUP, INC.
Owner's Representative: Ms. Laurel Gillette
Address: 1411 5th Street, Suite 300
Santa Monica, CA 90401
Phone: (310) 394-2623 Fax: (310) 394-2625
Email: Igillette@ktgy.com
Consultant: PSOMAS
Name: Michael J. Crehan, P.E.
Address: 555 S. Flower Street, Suite 4400
Los Angeles, California 90071
Phone: (213) 223-1400 Fax: (213) 223-1444
Email: mcrehan@psomas.com
License No:
Client and Consultant agree as follows:
A. Client retains Consultant to perform services for:
Survey and Engineering Services Related to the Washington-National Project, located in Culver City, California.
hereinafter called "project."
B. Consultant agrees to perform the following scope of services:
See attached Exhibit "A" dated February
C. Client agrees to compensate Consultant for such services as follows:
See attached Schedule "A" dated February 5, 2009
D. This agreement is subject to the Provisions of Agreement contained in paragraphs 1 through 47, and the
provisions of the exhibits attached hereto and made a part hereof. (List exhibits below.)
1PROVISIONS OF AGREEMENT
Client and Consultant wee that the following provisions
shall be part of this agreement:
1. Right to Complete Services. Consultant has the right to
complete all services agreed to be rendered pursuant to this
agreement. In the event this agreement is terminated before
the completion of all services, unless Consultant is
responsible for such early termination, Client agrees to release
Consultant from all liability for services performed. In the
event all or any portion of the services by Consultant are
suspended, abandoned, or otherwise terminated, Client shall
pay Consultant all fees and charges for services provided
prior to termination, not to exceed the contract limits specified
herein, if any. Client acknowledges if the project services are
suspended and restarted, there will be additional charges due
to suspension of the services which shall be paid for by Client
as extra services pursuant to Paragraph 20. Client
acknowledges if project services are terminated for the
convenience of Client, Consultant is entitled to reasonable
termination costs and expenses, to be paid by Client as extra
services pursuant to Paragraph 20.
2. Cooperation. Client and Consultant agree to cooperate
with each other in order to fulfill their responsibilities and
obligations under this agreement. Both Client and Consultant
shall endeavor to maintain good working relationships among
members of the project team.
3. Permits. If the scope of services includes Consultant's
assistance in applying for governmental permits or approvals,
Consultant's assistance shall not constitute a representation,
warranty or guarantee that such permits or approvals will be
acted upon favorably by any governmental agency.
4. Surveys. If the scope of Consultant's services to be
performed pursuant to this agreement includes an ALTA
survey, Client agrees that Consultant may sign one of the
ALTA survey statements attached to this agreement and
incorporated herein by reference. In the event Consultant is
required to sign a statement or certificate which differs from
the ALTA survey statements contained in the attachment to
this agreement, Client hereby agrees to indemnify and hold
Consultant harmless from any and all liability arising from or
resulting from the signing of any statement which differs from
those statements contained in the attachment.
5. Grading Plans. If the scope of services to be provided by
Consultant pursuant to the terms of this agreementincludes
the preparation of grading plans but excludes construction
staking services, Client acknowledges that such staking
services normally include coordinating civil engineering
services and the preparation of record drawings based upon
information provided by others, and Client will -be required to
retain such services from another consultant or pay Consultant
pursuant to this agreement for such services as extra services
in accordance with Paragraph 20.
6. Construction Phase. If the scope of services of this
agreement does not include construction-phase services for
thisproject, Client acknowledges such construction-phase
services will be provided by Client or by others and Client
assumes all responsibility for interpretation of the contract
documents and for construction observation and supervision
and waives any claim against Consultant that may in any way
be connected thereto. In addition, Client agrees to indemnify
and hold Consultant harmless from any loss, claim, or cost,
including reasonable attorneys' fees and costs of defense,
arising or resulting from the performance of such services by
others and from any and all claims arising from the
modification, clarification, interpretation, adjustments or
changes made to the contract documents to reflect changed
field or other conditions, except for claims arising from the
sole negligence or willful misconduct of Consultant.
7. Fees Due. All fees and other charges due Consultant will
be billed monthly and shall be due at the time of billing unless
specified otherwise in this agreement. If Client fails to pay
Consultant within thirty (30) days after invoices are rendered,
Consultant shall have the right in its sole discretion to
consider such default in payment a material breach of this
entire agreement and, upon written notice, Consultant's
duties, obligations and responsibilities under this agreement
may be suspended or terminated. In such event, Client shall
promptly pay Consultant for all outstanding fees and charges
due Consultant at the time of suspension or termination. If
Consultant elects to suspend or terminate Consultant's
services pursuant to this provision, Consultant is entitled to
reasonable suspension or termination costs or expenses.
8. Invoices. Client agrees that all billings from Consultant to
Client are correct and bindingon Client unless Client, within
ten (10) days from the date of receipt of such billing, notifies
Consultant in writing of alleged inaccuracies, discrepancies,
or errors in billing.
9. Late Payment. Client agrees to pay a monthly late
payment charge, which will be the lesser of one and one.-half
percent (1-1/2%) per month or a monthly charge not to exceed
the maximum legal rate, which will be applied to any unpaid
balance commencing thirty (30) days after the date of the
billing.
10. Governmental Fees. Upon Consultant's request, Client
shall execute and deliver, or cause to be executed and
delivered, such additional information, documents or money
to pay governmental fees and charges which are necessary for
Consultant to perform services pursuant to the terms of this
agreement.
11. Bankruptcy. Consultant shall be entitled to immediately,
and without notice, suspend the performance of any and all of
its obligations pursuant to this agreement if Client files a
voluntary petition seeking relief under the United States
Bankruptcy Code or if there is an involuntary bankruptcy
petition filed against Client in the United States Bankruptcy
Court, and that petition is not dismissed within fifteen (1
days of its filing. Any suspension of services made pursuant
to the provisions of this paragraph shall continue until such
time as this agreement has been fully and properly assumed in
accordance with the applicable provisions of the United States
Bankruptcy Code and in compliance with the final order or
judgment issued by the Bankruptcy Court. If the suspension
of performance of Consultant's obligation pursuant to this
agreement continues for a period in excess of ninety (90)
days, Consultant shall have the right to terminate all services
pursuant to this agreement.
12. Mechanics Liens. This agreement shall not be construed
to alter, affect or waive any design professional's lien,
mechanic's lien or stop notice right which Consultant may
have for the performance of services pursuant to this
agreement. Client agrees to provide to Consultant the present
name and address of the record owner of the property upon
which the project is to be located. Client also agrees to
provide Consultant with the name and address of any and all
lenders who may loan money on the project and who are
entitled to receive a preliminary notice.
13. Lenders. If payment for Consultant's services is to be
made on behalf of Clientby a third-party lender, Client agrees
that Consultant shall not be required to indemnify the third-
party lender, in the form of an endorsement or otherwise, as a
condition to receiving payment for services.
14. Added Government Requirements. If Consultant,
pursuant to this agreement, produces plans, specifications, or
2other documents and/or performs field services, and such
plans, specifications, or other documents and/or field services
are required by any governmental agency, and such
governmental agency changes its ordinances, codes, policies,
procedures or requirements after the date of this agreement,
any additional office or field services thereby required shall
be paid for by Client as extra services in accordance with
Paragraph 20.
15. Fee Schedule. In the event Consultant's fee schedule
changes due to any increase of costs such as the granting of
wage increases and/or other employee benefits to field or
office employees due to the terms of any labor agreement, or
increase in the cost of living, during the lifetime of this
agreement, a percentage increase shall be applied to all
remaining fees and charges to reflect the increased. costs.
16. Restaking. In the event that any staking or record
monuments are destroyed, damaged or disturbed by an act of
God or parties other than Consultant, the cost of restaking
shall be paid for by Client as extra services in accordance
with Paragraph 20.
17. Field Conditions. Client acknowledges that the design
services performed pursuant to this agreement are based upon
field and other conditions existing at the time these services
were performed. Client further acknowledges that field and
other conditions may change by the time project construction
occurs and clarification, adjustments, modifications and other
changes may be necessary to reflect changed field or other
conditions. Such clarifications, adjustments, modifications
and other changes shall be paid for by Client as extra services
in accordance with Paragraph 20.
18. Government Fees. Client shall .pay the costs of all
checking and inspection fees, zoning and annexation
application fees, assessment fees, soils or geotechnical
engineering fees, soils or geotechnical testing fees, aerial
topography fees, and all other fees, permits, bond premiums,
applicable taxes on professional services, title company
charges, blueprints and reproductions, and all other similar
charges not specifically covered by the terms of this
agreement.
19. Record of Survey. Client acknowledges and agrees that
if Consultant provides surveying services, which services
require the filing of a Record of Survey, or a Corner Record,
all of the costs of preparation, examination and filing for the
Record of Survey or Corner Record will be paid by Client as
extra services in accordance with Paragraph 20.
20. Extra Services. Client agrees that if Client requests
services not specified in the scope of services described in this
agreement, Client will pay for all such additional services as
extra services, in accordance with Consultant's billing rates
utilized for this agreement.
21. Ownership of Instruments of Service. Client
acknowledges all reports, plans, specifications, field data and
notes and other documents, including all documents on
electronic media, prepared by Consultant are instruments of
service, and shall remain the property of Consultant and may
be used by Consultant without the consent of Client. Upon
request and payment of all costs involved., Client is entitled to
a copy of all final plans and specifications for use in
connection with the project for which the plans and
specifications have been prepared. Client acknowledges that
its right to utilize final plans and specifications and the
services of Consultant provided pursuant to this agreement
will continue only so long as Client is not in default, pursuant
to the terms and conditions of this agreement, and Client has
performed all its obligations under this agreement.
22. Use of Documents. Client agrees not to use or permit any
other person to use plans, specifications, drawings, cost
estimates, reports, or other documents prepared by Consultant
which plans, specifications, drawings, cost estimates, reports
or other documents are not final and whichare not signed and
stamped or sealed by Consultant. Client shall be responsible
for any such use of non-final 'plans, specifications, drawings,
cost estimates, reports or other documents not signed and
stamped or sealed by Consultant. Client hereby waives any
claim for liability against Consultant for such use. Client
further agrees that final plans, specifications, drawings,
estimates, reports or other documents are for the exclusive use
of Client and may be used by Client only for the project
which is the subject of this Agreement Such final plans,
specifications, drawings, estimates, reports or other
documents may not be changed or used on a different project
without written . authorization or approval by Consultant. If
gn sied check-prints are required to be submitted with a stamp
or seal, they shall not be considered final for purposes of this
paragraph.
23. Electronic Media. In accepting and utilizing any
drawings, reports and data on any form of electronic media
generated and furnished by Consultant, Client covenants and
agrees that all such electronic files are instruments of service
of Consultant, who shall be deemed the author, and shall
retain all common law, statutory law and other rights,
including copyrights. Client agrees not to reuse these
electronic files, in whole or in part, for any purpose or project
other than the project that is the subject of this agreement.
Client agrees not to transfer these electronic files to others
without the prior written consent of Consultant. Client further
agrees to waive all claims against Consultant resulting in any
way from any unauthorized changes or reuse of the electronic
files for any other project by anyone other than Consultant.
Client and Consultant agree that any electronic files
furnished . by either party Shall conform to the CADD
specifications, if . any. Any changes to the CADD
specifications by either Client or Consultant are subject to
review and acceptance by the other party. Additional services
by Consultant made necessary by changes to the CADD or
other software specifications shall be compensated for as
additional services.
Electronic files furnished by either party shall be subject to
an acceptance period of fifteen (15) days during which the
receiving party agrees to perform appropriate acceptance
tests. The party furnishing the electronic file shall correct any
discrepancies or errors detected and reported within the
acceptance period. After the acceptance period the electronic
files shall be deemed to be accepted and neither party shall
have any obligation to correct errors or maintain electronic
files.
Client is aware that differences may exist between the
electronic files delivered and the printed hard copy
construction documents. In the event of a conflict between the
signed construction documents prepared by Consultant and
electronic files, the signed and stamped or sealed hard copy
construction documents shall govern.
In addition, Client agrees, to the fullest extent permitted by
law, to indemnify and hold harmless Consultant, its officers,
directors, employees, agents and subconsultants against all
damages, liabilities or costs, i . ncluding reasonable attorneys'
fees and defense costs, arising from any changes made by
anyone other than Consultant or from any reuse of the
electronic files without the prior written consent of
Consultant.
Under no circumstances shall delivery of electronic files
for use by Client be deemed a sale by Consultant, and
Consultant makes no warranties, either express or implied, of
merchantability and fitness for any particular purpose. In no
event shall Consultant be liable for indirect or consequential
damages as a result of Client's use or reuse of the electronic
files.
24. In the event: 1) Client agrees to, authorizes, or permits
changes in the plans, specifications or documents prepared by
Consultant, which changes are not consented to in writing by
3Consultant; 2) Client agrees to, authorizes or permits
construction of unauthorized changes in the plans,
specifications or documents prepared by Consultant, which
changes are not consented to in writing by Consultant; or 3)
Client does not follow recommendations prepared by
Consultant pursuant to this agreement, which changed
recommendations are not consented to in writingby
Consultant: Client acknowledges that the unauthorized
changes and their effects are not the responsibility of
Consultant and Client agrees to release Consultant from all
liability arising from the use of such changes, and further
agrees to defend, indemnify and hold harmless Consultant, its
officers, directors, agents, employees and subconsultants from
and against all claims, demands, damages or costs, including
attorneys' fees, arising from the unauthorized changes.
25. Examination by Contractor. Client agrees to require its
contractor and subcontractors to review the plans,
specifications and documents prepared by Consultant pnor to
the commencement of construction-phase work. If the
contractor or subcontractors determines there are deficiencies,
conflicts, errors, omissions, code violations, improper uses of
materials, or other deficiencies in the plans, specifications and
documents prepared by Consultant, contractors and
subcontractors shall notify Client so those deficiencies may be
corrected by Consultant prior to the commencement of
construction-phase work.
26. Changed Field Conditions. If during the construction
phase of the project Client discovers or becomes aware of
changed field or other conditions which necessitate
clarifications, modifications or other changes to the plans,
specifications, estimates or other documents prepareid
Consultant, Client agrees to notify Consultant and retain
Consultant to prepare the necessary changes or modifications
before construction activities proceed. Client agrees to require
a provision in its construction contracts for the project which
requires the contractor to promptly notify Client of any
changed field or other conditions so that Client may in turn
notif5r Consultant pursuant to the provisions of this paragraph.
Any extra work performed by Consultant pursuant to this
paragraph shall be paid for as extra services pursuant to
Paragraph 20.
27. Indemnity. Consultant and Client shall each indemnify
and hold harmless the other from any and all damages to the
extent resulting from their own negligent acts, errors or
omissions or those of their respective officers, agents or
employees in the performance of the services under this
agreement. Notwithstanding the foregoing, neither party shall
be liable to the other for any consequential damages. Client
agrees to limit the liability of Consultant, its principals,
employees and subconsultants to Client and to all contractors
and subcontractors on the project (whether to a single
agreement or multiple agreements), and to third . parties for
any claim or action arising in tort, contract, or stnct liability,
to the total cumulative sum of $50,000 or Consultant's fee,
whichever is greater. Client shall hold harmless, defend and
indemnify Consultant from any claims or damages in excess
of such amount. Client and Consultant acknowledge that this
provision was expressly negotiated and agreed upon.
28. Site Safety. Client agrees that in accordance with
generally accepted construction practices, the construction
contractor and construction subcontractors will be required to
assume sole and complete responsibility for job site
conditions during the course of construction of the project,
including safety of all persons and property, and that this
requirement shall apply continuously and not be limited to
normal working hours. Neither the professional activities of
Consultant nor the presence of Consultant or his or her
employees or subconsultants at a construction site shall
relieve the contractor and its subcontractors of their
obligations, duties and responsibilities including, but not
limited to, construction means, methods, sequence, techniques
or procedures necessary for performing, superintending or
coordinating all portions of the work of construction in
accordance with the contract documents and applicable health
or safety requirements of any regulatory agency or of state
law.
29. Soils. Consultant makes no representations concerning
soils or geological conditions unless specifically included in
wntmg in this agreement, or by amendments to this
agreement, and shall not be responsible for any liability that
may arise out of the making of or failure to make soils or
geological surveys, sub geological soils or eological tests, or
general soils or geological testing. If Consultant retains a
soils consultant as a subconsultant, Client shall look solely to
such subconsultant for any errors or omissions on the part of
such subconsultant.
30. Increased risks. Consultant shall not be required to
execute any documents subsequent to the signing of this
agreement that in any way might, in the judgment of
Consultant, increase Consultants contractual or legal
obligations or risks, or the availability or costs of his or her
professional or general liability insurance.
31. Delays. Consultant is not responsible for delay caused by
activities or factors beyond Consultants reasonable controi,
including but not limited to, delays by reason of strikes,
lockouts, work slowdowns or stoppages, accidents, acts of
God, failure of Client to furnish timely information or
approve or disapprove of Consultant's services or instruments
of service promptly, faulty performance by Client or other
contractors or governmental agencies. When such delays
beyond Consultant's reasonable control occur, Client agrees
Consultant shall not be responsible for damages nor shall
Consultant be deemed to be in default of this agreement.
Further, when such delays occur, Client agrees that, to the
extent such delays cause Consultant to perform extra services,
such services shall be paid for by Client as extra services in
accordance with Paragraph 20.
32. Actions of Government Agencies. Consultant shall not
be liable for damages resulting from the actions or inactions
of governmental agencies including, but not limited to, permit
processing, environmental impact reports, dedications,
general plans and amendments thereto, zoning matters,
annexations or consolidations, use or conditional use permits,
project or plan approvals, and budding permits. Client agrees
that it is the responsibility of Client to maintain in .good
standing all governmental approvals or permits and to timely
apply for any necessary extensions thereof.
33. Estimates of Quantities/Areas. If the scope of services
requires Consultant to estimate quantities, such estimates are
made on the basis of Consultant's experience and
qualifications and represent Consultant's best judgment as a
professional generally familiar with the industry. However,
such estimates are only estimates and shall not constitute
representations, warranties or guarantees of the quantities of
the subject of the estimate. If the scope of services requires
Consultant to provide its opinion of probable construction
costs, such opinion is to be made on the basis of Consultant's
experience and qualifications and represents Consultant's best
judgment as to the probable construction costs. However,
since Consultant has no control over costs or the price of
labor ., equipment or materials, or over the contractor's method
of pricing, such opinions of probable construction costs do not
constitute representations, warranties or guarantees of the
accuracy of such opinions, as compared to bid or actual costs.
Estimates of land areas and/or soil quantities provided under
this agreement are not intended to be, nor should they be
considered to be, precise. The estimate will be performed
pursuant . to generally _accepted standards of professional
practice in effect at the time of performance
34. Third Parties. Client acknowledges that Consultant is not
responsible for the performance of work by third parties
including, but not limited to, the construction contractor and
its subcontractors.
435. Standard of Care. Consultant makes no warranty, express
or implied, as to its findings, recommendations, plans,
specifications, or professional advice except that the services
were performed pursuant to generally . accepted standards of
professional practice in effect at the time of performance as
practiced in the locality.
36. Hazardous Materials. Client acknowledges that
Consultant's scope of services for this project does not
include any services related in any way to asbestos and/or
hazardous or toxic materials. Should Consultant or any other
party encounter such materials on the job site, or should it in
any other way become known that such materials are present
or may be present on the job site or any adjacent or nearby
areas which may affect Consultant's services, Consultant
may, at its option, suspend or terminate work on the project
until such time as Client retains a qualified contractor to abate
and/or remove the asbestos and/or hazardous or toxic
materials and warrant that the job site is free from any hazard
which may result from the existence of such materials.
Client hereby agrees to bring no cause of action on any
basis whatsoever against Consultant., its officers and
directors, principals, employees, agents and subconsultants if
such claim or cause of action in any way would involve
Consultant's services for the investigation, detection,
abatement, replacement, use or specification, or removal of
products, materials or processes containing asbestos, asbestos
cement pipe, and/or any hazardous or toxic materials. Client
further agrees to defend, indemnify and hold harmless
Consultant, its officers, directors, principals, employees and
subconsultants from any asbestos and/or ha72rdous or toxic
material related claims that may be brought by third parties as
a result of the services provided by Consultant pursuant to this
agreement, except claims caused by the sole negligence or
willful misconduct of Consultant.
37. Insurance. Client agrees to purchase and maintain, or
cause Contractor to purchase and maintain, during the course
of construction, builder's risk "all risk" insurance which will
name Consultant as an additional named insured as its interest
may appear. Client shall require that its construction
contractor maintain general liability insurance with limits of
at least $1,000,000 per occurrence and require that Consultant
be named as an additional insured on such policy.
38. Disputes. (a) Except as provided in subdivisions (b) and
(c), in an effort to resolve any conflicts that arise dunng the
design or construction of the project or following completion
of the project, Client and Consultant agree that all disputes
between them arising out of or relating to this agreement shall
be submitted to non-binding mediation, unless the parties
mutually agree otherwise. Client and Consultant further agree
to include a similar mediation provision in all agreements
with independent contractors and consultants retained for the
project and to require all independent contractors and
consultants also to include a similar mediation provision in all
agreements with subcontractors, subconsultants, suppliers or
fabricators so retained, thereby providing for mediation as the
primary method for dispute resolution between the parties to
those agreements.
IN WITNESS WHEREOF, the parties hereby execute this
(b) Subdivision (a) shall not preclude or limit Consultant's
right to file . an action for collection of fees if the amount in
dispute is within the jurisdiction of the small claims court.
(c) Subdivision (a) shall not preclude or limit Consultant's
right to record, perfect or enforce applicable mechanic's lien
or stop notice remedies.
39. Arbitration. In the event the parties to this Agreement are
unable to reach a settlement of any dispute arising out of this
Agreement or related to the services under this Agreement,
then such disputes may, with the wntten consent of both
parties, be settled by binding arbitration in accordance with
the Construction Industry Arbitration Rules of the American
Arbitration Association or such other arbitration rules as the
parties may choose. In any such arbitration, the laws of the
State of where the Project is located shall apply.
40. Binding on Successors. This agreement shall be binding
upon the heirs, executors, administrators, successors and
assigns of Client and Consultant.
41. No Assignment. This agreement shall not be assigned by
either Client or Consultant without the prior written consent
of the other.
42. Integration Clause. This agreement contains the entire
agreement between Client and Consultant relating to the
project and the provision of services for the project. Any prior
agreements, promises, . negotiations or representations not
expressly set forth in this agreement are of no force or effect.
Subsequent modifications to this agreement shall be in writing
and signed by both Client and Consultant.
43. Waiver. Consultant's or Client's waiver of any term,
condition or covenant shall not constitute the waiver of any
other term, condition or covenant. Consultant's or Client's
waiver of any breach of this agreement shall not constitute the
waiver of any other breach of the agreement.
44. Invalid Provision. If any term, condition or covenant of
this agreement is held by a court of competent jurisdiction to
be invalid, void or unenforceable, the remaining provisions of
this agreement shall be valid and binding on Client and
Consultant.
45. Applicable Law. This agreement shall be governed by
and construed in accordance with the laws of the state where
the Project is located.
46. Attorneys Fees. In the event of any litigation arising
from or related to the services provided under this agreement,
the prevailing party will he entitled to recovery of all
reasonable costs incurred, including staff time, court costs,
attorneys' fees, experts' fees and other related expenses.
47. Venue. Client agrees that in the event Consultant
institutes litigation to enforce or interpret the provisions of
this agreement, such litigation is to be brought and
adjudicated in the appropriate court in the county in which
Consultant's place of business is located, and Client waives
the right to remove such litigation to any other county or
judicial district.
agreement upon the terms and conditions stated above.
Client: KTGY GROUP, INC.
By: Name: Title: Date Signed: Consultant: PSOMAS
By: Name: Michael J. Crehan, P.E.
Title: Vice President
Date Signed: 5PSOMAS
Billing Policies and Procedures
The relationship with our client works best when there is a mutual understanding about
fees and payment terms. You are encouraged to discuss with us any questions you may
have concerning these policies.
Billing
The value of our services is determined primarily by the time spent on each client matter.
Our time records are kept on a weekly basis and invoices are prepared every four or five
weeks, depending on our accounting calendar.
Payments
As there is a time lag between rendering professional services and mailing our bills, all
invoices are due upon presentation. Any bills that are not paid within thirty days are
classified as "delinquent," and a late charge of 1-1/2 % per month will be added. You
have the option of paying any current invoice with a Visa or MasterCard.
Work Stoppage
Work will be stopped on any job that has invoices outstanding for more than 60 days.
Due to the costs and inefficiencies that results from stopping and restarting a job, an
additional "start-up charge" will be assessed.
Retainers
It is our policy to obtain an advance retainer from all new clients and from exiting clients
under certain circumstances. Also, it occasionally may be appropriate to require an
advance retainer after the commencement of a project or to require an increase in a prior
retainer. This depends in part on our client's payment history and the scope of the work
involved.
Reimbursable Expenses
Costs, other than time charges, are based on usage. Therefore, the cost of blueprinting,
messenger service, transportation, and other specific job related costs are charges as
"reimbursable expenses." Generally, these are a very small portion of the total cost of a
project. If requested, we will provide a computer printout which details these costs. We
do not provide any additional backup for these generally nominal expenses.
PSOMAS
Loren L. Sokolow
Chief Financial OfficerPSOMAS
Effective through June 30, 2009
Land Development Services
Los Angeles/Santa Clarita/Bakersfield
Planning, Engineering and Surveying
Hourly Rates
Office Services
$ 65 - $ 90 - Administrative and Project Assistants
$100 - $135 - Drafters and Design Drafters
$105 $155 - Surveyors and Project Surveyors
$105 - $160 - Civil Engineering Designers and Engineers
$115 - $155 - Planners, Assistant Planners and Senior Planners
$150- $180 - Project Engineers and Senior Project Engineers
$150 - $230 - Project Management, Directors
$200 - $250 - Principals
Field Services *
$340 - Three-Person Survey Party
$242 - Two-Person Survey Party
$152 - One-Person Survey Party
$152 - Field Engineer
Hourly rates for field survey parties include noimal usage of electronic distance
measuring equipment and survey vehicle expenses.
Per Diem is calculated at current State Department of Transportation rates (or other
appropriate Agency rate).
Reimbursables
Mileage at $.550 per mile (or current IRS allowable rate) and parking expenses incurred by office
employees are charged at cost. Prints, plots, messenger service, subsistence, air travel, and other direct
expenses will be charged at cost plus ten percent. The services of outside consultants will be charged at
cost plus fifteen percent.
The above schedule is for straight time. Overtime will be charged at 150 percent of the standard hourly
rates. Sundays and holidays will be charged at 200 percent of the standard hourly rates.
* Fees will be increased yearly on October / as granted under the current MOE Local #12
Master Labor Agreement.