2200 - L.A Solutions - Engineering Resources (LASER) LLC.PROFESSIONAL SERVICES AGREEMENT
LA SOLUTIONS FOR ENGINEERING RESOURCES (LASER) LLC
1. PARTIES AND DATE.
This Agreement is made and entered into this 11th day of August, 2015 (Effective
Date) by and between the City of Rosemead, a municipal organization organized under
the laws of the State of California with its principal place of business at 8838 E. Valley
Blvd., Rosemead, California 91770 ( "City') and LA Solutions for Engineering_Resources
LL (aka LASER LLC) with its principal place of business at 2079 Calle Francesca, San
Dimas, California 91773 ( "Consultant'). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set forth in
this Agreement. Consultant represents that it is experienced in providing public works
management services to public clients, is licensed in the State of California and is familiar
with the plans of City.
2.2 Project.
City desires to engage Consultant to render such public works management
services for the various public works projects ('Project'), also referred to as "Services" as
set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
1 116 7
3.1.1 General Scope of Services: Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional public works
management services necessary for the Project, herein referred to as "Services ". The
LASER LLC
Page 2 of 10
Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with,
this Agreement, the exhibits attached hereto and incorporated herein by reference, and
all applicable local, state and federal laws, rules and regulations.
3.1.2 Term: The term of this Agreement shall be from the Effective Date
shown above to June 30, 2016, unless earlier terminated as provided herein. Consultant
shall complete the Services within the term of this Agreement, and shall meet any other
established schedules and deadlines. The Parties may, by mutual, written consent,
extend the term of this agreement is necessary to complete the Services
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor: The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services: Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Consultant's conformance with the Schedule,
City shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements: All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel: Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant may
substitute other personnel of at least equal competence upon written approval of City. In
the event that City and Consultant cannot agree as to the substitution of key personnel,
City shall be entitled to terminate this Agreement for cause. As discussed below, any
personnel who fail or refuse to perform the Services in a manner acceptable to the City,
or who are determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or
LASER LLC
Page 3 of 10
property, shall be promptly removed from the Project by the Consultant at the request of
the City.
3.2.5 City's Representative: The City hereby designates the City
Manager, or his or her designee, to act as its representative for the performance of this
Agreement ( "City's Representative "). City's Representative shall have the power to act
on behalf of the City for all purposes under this Agreement. Consultant shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
3.2.6 Consultant's Representative: Consultant will designate a designee
to act as its representative for the performance of this Agreement ( "Consultant's
Representative "). Consultant's Representative shall have full authority to represent and
act on behalf of the Consultant for all purposes under this Agreement. The Consultant's
Representative shall supervise and direct the Services, using his /her best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services: Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff, consultants
and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Consultant warrants that
all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from
the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein.
3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal /OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,'
directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
LASER LLC
Page 4 of 10
failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for
the duration of this Agreement insurance coverage as specified in Exhibit B attached to
and part of this agreement.
3.2.11 Safety: Consultant shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the
Consultant shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and life saving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, such as safe
walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries;
and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall not
exceed One Hundred Fifty Thousand Dollars and No Cents ($150,000.00). Extra Work
may be authorized in writing, as described below, and will be compensated at the rates
and manner set forth in this Agreement.
3.3.2 Payment and Compensation: Consultant shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City shall,
within 45 days of receiving such statement, review the statement and pay all approved
charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without written authorization from City's Representative.
3.3.5 Prevailing Wages: Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California
LASER LLC
Page 5 of 10
Code of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which
require the payment of prevailing wage rates and the performance of other requirements
on "public works" and "maintenance" projects. If the Services are being performed as
part of an applicable "public works" or "maintenance" project, as defined by the Prevailing
Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully
comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Consultant shall make copies of the prevailing rates of per diem wages for each craft;
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of business
and at the project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection: Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents/ Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement. Consultant shall be required to
provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
LASER LLC
Page 6 of 10
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
LA Solutions for Engineering Resources (LASER) LLC
2079 Calle Francesca
San Dimas, California 91773
Attn: Anthony La, Principal
Phone: 909- 267 -8062
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: Rafael Fajardo — Associate Engineer
Phone: (626) 569 -2152
Fax: (626) 569 -2303
Such notice shall be deemed made when personally delivered or when mailed,
forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property:
This Agreement creates a non - exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to
agree in writing that City is granted a non - exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Consultant
or provided to Consultant by the City. City shall not be limited in any way in its use of the
Documents and Data at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality: All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
LASER LLC
Page 7 of 10
City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use City's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees: If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification: To the fullest extent permitted by law, Consultant
shall defend, indemnify and hold the City, its officials, officers, employees, volunteers,
and agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of, pertaining to, or relating to any
negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its
officials, officers, employees, agents, and Consultants arising out of or in connection with
the performance of the Consultant's Services, including without limitation the payment of
all consequential damages, expert witness fees, and attorneys fees and other related
costs and expenses. Consultant shall defend, at Consultant's own cost, expense and
risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that
may be brought or instituted against City, its directors, officials, officers, employees,
agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree
that may be rendered against City or its directors, officials, officers, employees, agents,
or volunteers, in any such suit, action or other legal proceeding. Consultant shall
reimburse City and its directors, officials, officers, employees, agents, and /or volunteers,
for any and all legal expenses and costs incurred by each of them in connection therewith
or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall
not be restricted to insurance proceeds, if any, received by the City, its directors, official's
officers, employees, agents, or volunteers.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by a
writing signed by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
LASER LLC
Page 8 of 10
3.5.9 Time of Essence: Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants: City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for or
against any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or intent
of this Agreement.
3.5.14 Amendment; Modification: No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver: No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries: There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability: If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests: Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
LASER LLC
Page 9 of 10
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Consultant further agrees to file, or shall cause its employees
or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as
required under state law in the performance of the Services. For breach or violation of
this warranty, City shall have the right to rescind this Agreement without liability. For the
term of this Agreement, no member, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment: Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment' advertising, layoff or termination. Consultant shall also comply with all
relevant provisions of City's Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification: By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self- insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement: Consultant has all requisite power
and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts: This Agreement may be signed in counterparts, each
of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required: Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
[Signatures on next page]
LASER LLC
Page 10 of 10
CITY OF ROSEMEAD
By:
ieffelred; ify Mana r a�
Attest:
I Co wley, t JS
L 4 D�
Approved as to Form:
LASER LLC
-
Date
N ame: Y
-- ---
Title: c 74
I
[If Corporation, TWO
SIGNATURES, President OR Vice
President AND Secretary, AND
CORPORATE SEAL OF CONSULTANT
REQUIRED]
M-
Name:
Rachel'H Richman Date
City Attorney
Date
Title:
LASER LLC
EXHIBIT A
SCOPE OF SERVICES & FEE SCHEDULE
SCOPE OF SERVICES
The general scope of services requires Consultant to provide public works management
services to the City of Rosemead. Consultant's services shall include, but not be limited to the
following:
• Function as the interim Public Works Director in overseeing the day -to -day operation
of the Public Works Department.
• Provide on -call as- needed services to augment City staff.
• Attend City and community meetings as necessary to address public concerns.
• Coordinate with other City departments and outside agencies as necessary for
completion of projects.
• Complete special projects as requested and authorized by City.
FEE SCHEDUL
All public works management services provided under this Agreement will be compensated at
an hourly rate of $160 /hour. Direct expenses with prior City approval will be invoiced at cost
plus 15% markup. Mileage, excluding the commute distance between the Consultant's office
and the City, will be invoiced at the Internal Revenue Service rate in effect.
A -1
LASER LLC
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant agrees to amend,
supplement or endorse the existing coverage to do so. Consultant acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self -
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
Consultant, subconsultants or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $1,000,000.00 per
occurrence.
Mi
LASER LLC
Insurance procured pursuant to these requirements shall be written by insurers that are
licensed carriers in the state of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by
LASER LLC
City shall be charged to and promptly paid by Consultant or deducted from sums
due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self- insure its obligations to City. If
Consultant's existing coverage includes a deductible or self- insured retention, the
deductible or self - insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or self- insured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant of non - compliance with any insurance
FEW
LASER LLC
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City Within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all -
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
-'i
LASER LLC
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
L17
ANTHONY M. LA, P.E.
PRINCIPAL
to 50l.UTiONS FOR E FIG iNEERiNG RESOURCES
PROFESSIONAL OVERVIEW:
Strategic Thinker and Business Executive, with over 25 years of successful problem solving and
business development track record. Proven Manager, directly responsible for delivering over $300
million of capital improvement projects on time and on budget. Successful Grant Strategist, secured
over $50 million in Federal, State, and Regional grant funds. Effective Negotiator, consummated
numerous contracts /legal settlements, water resources and exchanges agreements, and property
acquisitions (over 150 properties). Invigorating Leader, thrive in a high- demand, fast pace, and
politically dynamic environment.
EXPERIENCE:
Principal, LA Solutions for Engineering Resources (LASER) LLC (612014 — Present)
Provide planning, strategic, and management consulting services, including: Capital
Improvement Program (CIP) development, management, and implementation oversight;
environmental impact document review and process; water resources development and
management strategies; grant funding and project financial modeling; transportation planning
and policy development; organization structure review and strategic planning; municipal
management services; etc.
Assistant General Manager /Chief Engineer,
Water Replenishment District of Southern California (1212012 — 612014)
Responsible for managing and implementing groundwater projects, programs, and policies
with an annual operating budget of $75 million. Oversee groundwater management programs
for two groundwater basins, servicing approximately 420 square miles, 43 cities, and 4 million
residents. Work closely with the Board of Directors, General Manager, and stakeholders in
developing plans, programs, strategies, and policies.
• Directly responsible for the development and implementation of a 5 -Yr Capital
Improvement Program with a budget of approximately $150 million.
• Actively involve in strategy developments for on -going litigations.
• Responsible for managing /administering the Groundwater Reliability Program (GRIP) that
consists of developing 21,000 AF of recycled water supply per year, including construction
of an 11 -MGD MF/RO treatment plant and pipeline network and an estimated capital
improvement investment of over $100 million.
• Responsible for public and government affairs, collaborating with federal, state, and
stakeholders in advancing water legislation and policies, as well as promoting water
conservation.
• Negotiated /consummated a recycled water purchase and sale agreement with Los Angeles
County Sanitation Districts, securing 83,000 AF of tertiary water per year for recharge for
a period of 30 years. This Agreement is expected to save the District up to $422 million
over a 30- year period, compared to using imported water (if available).
2079 CALLE FRANCESCA, SAN DIMAS, CA 91773 • ALLASERLLC @GMAIL.COM • P: 909 267 8062
ANTHONY M. LA, P.E.
PAGE
f SOLUTIONS FOR ENGINEERING RESOURCES
• Responsible for completing a $40 million Vander Lans Micro- Filtration/Reverse Osmosis
(MF /RO) treatment plant, expanding from 3 rngd to 8 mgd treatment capacity. The plant
utilizes an innovative 3` Stage RO design, resulting in 60% reduction in brine discharge
and 12% increase in efficiency (less source water). The 3rd stage RO design leads to a
savings of $11.3 million in capital costs, as well as $520,000 /year in O &M expenditures.
• Consummated an agreement with City of Los Angeles Department of Water and Power,
securing an immediate 4,000 AF /Y of high- purified (MFRO) water (from Terminal Island
Treatment Plant) for direct injection into the aquifer and an additional 4,000 AF /Y starting
in 2018, which would completely eliminate dependence on imported water. The
agreement resulted in an estimated savings of $2.8 million between 2013 and 2018 (or
$560,000 /year), and $1.2 million annually thereafter.
• Worked with the Green Building Counsel and obtained Gold LEED Certification for the
existing District Headquarter.
• Responsible for completing a $20 million 5MGD Goldsworthy Desalter treatment plant
expansion project.
• Negotiated an agreement with Long Beach Water Department for purchase of 8,000
AF /year of tertiary water at $100 /AF, resulting in over $40 million in savings over 30
years compared to alternative tertiary water supply.
• Develop strategies to complete the Water Independence Now (WIN) Initiative, replacing
existing 32,500 AF /year of imported water (11,500 AF for the seawater intrusion barriers,
and 21,000 AF /year at the spreading grounds) with recycled water.
• Successfully secured $1.7 million in U.S. Bureau of Reclamation WaterSMART program
(Title XVI) funding for water reuse project.
• Collaborate with federal legislators, regional partners, and U.S. Army Core of Engineers to
re- invigorate efforts to complete a reoperation study for the Whittier Narrows Dam to
conserve 1,100 AF of storm water per year.
• Led staff to successful completion of the first comprehensive Cost of Service Study (with
in -house resources).
Principal, AML Consulting Services (112 00 0 — 1 212 01 1)
On a part -time and as needed basis, provide strategic, management, and engineering advocacy
services, with emphasis on water, wastewater, construction, transportation, municipal
engineering, solid waste, and master planning studies. Partial list of services provided include:
• Contract/consultant City Engineer overseeing development, design, construction,
transportation, and water resources -- City of Chino (7/2011 — 10/2011)
• Development Impact Fee Studies and Legal Strategies — City of Palmdale (7/1999- 6/2006)
• On -Call technical support for traffic engineering, development review, and transportation
planning — City of Palmdale (7/1999 - 6/2006)
• Travel demand forecasting for High Desert Corridor Study — San Bernardino Associated
Governments (7/1999- 4/2003)
• Water Resources Analysis -- Monte Vista Water District (7/2011- 12/2011)
2079 CALLE FRANCESCA, SAN DIMAS, CA 91773 • AL.LASERLLC @GMAIL.COM • P:9092678062
ANTHONY M. LA, P.E.
PAGE
IA SOLUTIONS FOR ENGINEERING RESOURCES
Director of Public Works, City of Upland (512006- 912011)
Responsible for the administration of the City's Utilities and Public Works Department,
serving a population of approximately 75,000.
• Manage a diverse workforce of 110 individuals with an annual operating budget of $36
million and a capital improvement budget of $35 million.
• Administer utility services to provide for water, wastewater, recycled water, solid waste,
recycling, pavement & sidewalk maintenance, engineering & development, permitting, fleet
maintenance, and traffic signals, streetlights & landscaping maintenance. The City of
Upland water system includes a total of approximately 20,000 connections, 27 wells,
10 reservoirs, and 3 water treatment plants.
• Represent the City on various regional agencies' governing boards and advisory
committees.
• Provide management consulting and administrative services to San Antonio Water
Company (SAWCo) and Pomona Valley Protective Association (PVPA).
• Completed over $124 million of capital improvement projects in five years.
• Successfully consummated several water supply business transactions resulting in $20
million of additional revenue and $8.2 million of stock value in a mutual water company.
• Overhaul the Public Works development review & processing, permitting, environmental
programs, and CIP management; resulting in more than doubling in productivity and
efficiency.
• Developed the first Strategic Visioning Plan for the Public Works Department and
Completed the first Water Resources Strategic Plan.
General Ma West En Consolidated Wa ter Company (612008- 612011)
Chief Executive Officer of a mutual water company with approximately 5,500 AF of
ground water rights in 3 aquifers: Chino Basin, Six Basins, and Cucamonga Basin. West
End is a mutual water company owned in majority by Upland, providing wholesale water
supply service to Upland, Golden State Water Company, and others.
Chief of Ad Pomona (3/2009- 6/2011)
Provide contractual administrative and technical support services to the nine member non-
profit association Board.
• Manage the operation of both the San Antonio Spreading Ground ( -850 Acres) and
Thompson Creek Spreading Ground (-127 Acres), preserving precious storm water for
groundwater recharge.
• Successfully obtained $1 million in FEMA grant funds for restoring and enhancing flood
control /recharge facilities.
Acting Public Works Director, City of Downey (112006 - 512006)
Deputy Public Works Director, City of Downey (612003- 112006)
Principal Civil Engineer, City of Downey (711999- 612003)
Oversaw the City's Capital Improvement Program ($30 million annually), as well as the Storm
Water, Transportation, Permitting, Roadway & Park Maintenance, Development Services, and
Fleet Management Programs.
• Successfully obtained over $20 million in Federal, State, and County grant funds.
2079 CALLE FRANCESCA, SAN DIMAS, CA 91773 • AL.LASERLLC @GMAIL.COM • P: 909 267 8062
ANTHONY M. LA, P.E.
PAGE
LA SOLUTIONS FOR ENGINEERING RSOORCES
• Enhanced customer service, employee productivity, and fostered team building
relationships with other city departments.
• Completed over $140 million of capital improvement projects in three years.
• Implemented the first IP -based transportation management systems network in the region.
• Effectively invigorated staff performance and improved productivity.
Senior Planner, Southern California Association of Governments (911998 — 711999)
Effectively served as the Goods Movement Manager and as a staff liaison to elected officials
(e.g. state elected officials, congressional delegates, city council members); worked closely
with regional agencies (e.g. Caltrans, ARB, EPA, LACMTA, OCTA, SANBAG) in
developing and promoting partnerships among diverse institutions to resolve issues common to
the various stakeholders.
• Responsible for the technical, fiscal, & feasibility analyses and reporting of the economic
and environmental impacts pertaini;ig to major project proposals (e.g. truck traffic lanes,
high speed rail, airport expansions, etc.).
• Overhaul the Heavy -Duty Truck demand - forecasting model.
• Completed a ridership and economic study for the Mag -Lev High -Speed Rail (connecting
southern to northern California, as well as interconnecting the airports and major cities in
the Los Angeles Metropolitan area).
Principal Civil Engineer, City of Pasadena (611998- 911998)
Engineer, City of Pasadena (911997- 611998)
Principal engineer responsible for three engineering groups, including: (1) transportation
planning, (2) traffic management, and (3) traffic engineering.
• Managed consultant contracts and multi- jurisdictional agreements.
• Administered special engineering and planning programs: neighborhood traffic calming,
school safety, valet and special parking districts, filming and street closure permits, traffic
systems management, signing /striping and signal designs.
• Conducted community outreach and consensus building on various sensitive /controversial
issues among different community and business activist groups.
• Provided periodic progress updates on sensitive community issues to the City Council,
Transportation Commission, Planning Commission, neighborhood groups, and City
Manager.
Senior Civil Engineer, City of Palmdale (811995- 911997)
Associate Civil Engineer, City of Palmdale (11/1993 - 8/1995)
Served as the assistant manager of the Traffic Engineering Division, responsible for customer
service (i.e. citizens' requests), development impact fee formulation, transportation planning,
travel demand forecasting, development review, and traffic engineering services.
• Managed regional and subregional transportation plans.
• Reviewed /prepared traffic impact studies, parking studies, specific plans, and general plan.
• Oversaw all development site plan design, review, and approval.
2079 CALLE FRANCESCA, SAN DIMAS, CA 91773 • AL.LASERLLC @GMAIL.COM • P:9092678062
ANTHONY M. LA, P.E.
PAGE 5
IA SOLUTIONS FOR ENGINEERING RESOURCES
Senior Associate, Barton Aschman Associates, Inc. (611993- 1111993)
Associate, Barton Aschman Associates, Inc. (611989- 611993)
Intern/AssistantEngineer, Herman - Kimmel Associates, Inc. (611987- 611989)
Successfully completed over 400 diverse transportation projects throughout Southern
California, as well as in Nevada, Hawaii, and China. Duties performed included: roadway
design, traffic design, traffic impact studies, parking lot and circulation layout, traffic
operation analysis, and transportation plan.
• Served as the key technical project manager in the following projects (partial list): Disney
California Master Plan (formerly WESTCOT), Shanghai Seaport Master Plan (funded by
IMF), LAX Master Plan, Honolulu International Airport Circulation Design, South Coast
Area Transit Plan (Ventura County), City of Irwindale Raider Stadium Circulation and
Parking Study, Boulevard Mall Expansion (Las Vegas), Anaheim Commercial Recreation
Area Specific Plan, General Plan for the cities of Malibu and Chino Hills, etc.
• Exceeded all marketing and business plan expectations (230% of marketing goal and 270%
of billable hours in a two year period).
EDUCATION:
Master's in Public Administration, California State University, Northridge
Bachelor of Science in Civil Engineering (Graduated with Honors — Chi Epsilon), University
of California, Irvine
REGISTRATION: Professional Civil Engineer, State of California (C 053382)
Professional Traffic Engineer, State of California (TR 1800)
BACKGROUND:
• Board Member, Pomona Valley Protective Association (2007 -2011)
• Board Member, West End Consolidated Water Company (2006 -2008)
• Alternate Board Member, Six Basins Watermaster (2007 -2011)
• Alternate Board Member, Chino Basin Watermaster (2007 -2011)
• Special Advisor, San Antonio Water Company Board of Directors
• Past Member, Chino Basin Advisory Committee, Chino Basin Appropriate Pool, Water
Facilities Authority Technical Advisory Committee, American Water Works
Association, American Society of Civil Engineers, Chi Epsilon Honor Society, American
Public Works Association, Central Basin Water Association, West Coast Basin Water
Association, Groundwater Resources Association, American Groundwater Association,
Association of California Water Agencies, Urban Water Institute, Water Environmental
Federation, City - County Engineers, SCAG Regional Transportation Plan Technical
Advisory Committee (TAC), LACMTA Call- for - Projects Steering Committee,
LACMTA ITS Working Group, I -5 Joint Power Authority TAC, I -710 Truck Corridor
TAC, Institute of Transportation Engineers, and Transportation Research Board.
• Past Chair, Gateway Cities Council of Government Traffic Signal Synchronization
Committee, and City Traffic Engineers Association.
REFERENCES: Available upon request.
2079 CALLE FRANCESCA, SAN DIMAS, CA 91773 ^ AL.LASERLLC @GMAIL.COM • P: 909 267 8062