Merit Civil Engineering (2012) Blackhorse 1 1
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into this 18th day of December, 2012, by and between the City of Rancho Palos
Verdes, hereinafter referred to as "CITY," and Merit Civil Engineering, Inc., hereafter
referred to as "CONSULTANT."
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto
mutually agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as the BLACKHORSE RD CDBG — ADA
COMPLIANCE PROJECT.
1.2 Description of Services
CONSULTANT shall provide Construction Management and Inspection
services as described in the Scope of Contract Services, attached hereto as Exhibit "A"
and incorporated herein by this reference.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSULTANT
shall perform with due diligence the specific services requested by the CITY and included
in Exhibit "A." No work shall be done on any item of Exhibit"A" for which CONSULTANT
has not received a written Notice to Proceed. Time is of the essence in this Agreement.
CONSULTANT shall not be responsible for delay, nor shall CONSULTANT
be responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty
performance by CITY, other consultants/contractors, or governmental agencies, or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT for services that CITY has
issued to CONSULTANT a Notice to Proceed amounts as set forth in Exhibit "A," and in
any case a total amount not to exceed five thousand seven hundred ninety seven dollars
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($5,797.00), which are partially paid from Community Development Block Grant("CDBG")
funds that come from the United States Department of Housing and Urban Development
("HUD"). The amounts in Exhibit "A" shall be in effect through the end of this Agreement.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Merit Civil Engineering Inc.
12391 Lewis Street, Suite 201
Garden Grove, CA 92840
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed in the previous month. CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its
best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10) days of the receipt of each invoice. However,
CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion
percentage shall not be deemed a waiver of CITY's right to challenge such amount or
percentage.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10)working days advance written notice.
2.4 Term of Agreement
This Agreement shall commence on the day it is executed, provided that
Certificates of Insurance are current on that date, and this Agreement shall terminate on
December 30, 2013, unless earlier terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
CONSULTANT shall defend, indemnify, and hold the CITY, its officials,
officers, employees, agents and independent contractors serving in the role of CITY
officials, and volunteers (collectively "Indemnitees") free and harmless from any and all
claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries,
in law or equity, to property or persons, including wrongful death (collectively "Claims"), in
any manner arising out of or incident to any acts or omissions of CONSULTANT, its
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officials, officers, employees or agents in connection with the performance of this
Agreement, including without limitation the payment of all consequential damages,
attorneys' fees, and other related costs and expenses, except for such Claims arising out
of the sole negligence or willful misconduct of the lndemnitees. With respect to any and all
such Claims, CONSULTANT shall defend lndemnitees at CONSULTANT's own cost,
expense, and risk and shall pay and satisfy any judgment, award, or decree that may be
rendered against lndemnitees. CONSULTANT shall reimburse Indemnitees 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 CONSULTANT or lndemnitees. All
duties of CONSULTANT under this Section shall survive termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each
occurrence and two million dollars($2,000,000)general aggregate for bodily injury, death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement. Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in A.M. Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars($1,000,000)per claim and aggregate
for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said
policy or policies shall be issued by an insurer admitted to do business in the State of
California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims
made" policy is provided, such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3)years after the date of
work or services are accepted as completed. Coverage for the post-completion period may
be provided by renewal or replacement of the policy for each of the three(3)years or by a
three-year extended reporting period endorsement, which reinstates all limits for the
extended reporting period. If any such policy and/or policies have a retroactive date, that
date shall be no later than the date of first performance of work or services on behalf of the
CITY. Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars($1,000,000) per claim and occurrence and
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two million dollars($2,000,000) in the aggregate for bodily injuries or death of one person
and five hundred thousand dollars ($500,000) for property damage arising from one
incident.
3.5 Worker's Compensation
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect worker's compensation insurance as required by
the law. CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be cancelled by the insurance carrier without thirty (30) days prior written notice to
CITY, or ten (10) days notice if cancellation is due to nonpayment of premium.
CONSULTANT agrees that it will not cancel or reduce said insurance coverage.
(b) CONSULTANT agrees that if it does not keep the aforesaid insurance
in full force and effect, CITY may either immediately terminate this Agreement or, if
insurance is available at a reasonable cost, CITY may take out the necessary insurance
and pay, at CONSULTANT's expense, the premium thereon.
3.7 Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall maintain
on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are
in effect in the required amounts. The commercial general liability policy shall contain
endorsements naming the CITY, its officers, agents and employees as additional insureds.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY. The insurance policies (other than workers compensation and
professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time,with or without cause,
by the CITY upon thirty(30)days prior written notice or by CONSULTANT upon ninety(90)
days prior written notice. Notice shall be deemed served if completed in compliance with
Section 6.14.
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(b) In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
in an amount to be determined as follows: for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement, CONSULTANT shall be paid an amount
equal to the percentage of services performed prior to the effective date of termination or
cancellation in accordance with the work items; provided, in no event shall the amount of
money paid under the foregoing provisions of this paragraph exceed the amount which
would have been paid to CONSULTANT for the full performance of the services described
in this Agreement.
ARTICLE 5
DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents, plans, specifications, reports, information, data, exhibits,
photographs, images, video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products") shall be and remain the property of the
CITY without restriction or limitation upon its use, duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire," and all Written Products
and any and all intellectual property rights arising from their creation, including, but not
limited to, all copyrights and other proprietary rights, shall be and remain the property of the
CITY without restriction or limitation upon their use, duplication or dissemination by the
CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality,thing or component as to which
any intellectual property right exists, including computer software, used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers,
employees, servants, attorneys,designated volunteers, and agents serving as independent
contractors in the role of CITY officials, harmless from any loss, claim or liability in any way
related to a claim that CITY's use of any of the Written Products is violating federal, state
or local laws, or any contractual provisions, or any laws relating to trade names, licenses,
franchises, copyrights, patents or other means of protecting intellectual property rights
and/or interests in products or inventions. CONSULTANT shall bear all costs arising from
the use of patented, copyrighted, trade secret or trademarked documents, materials,
equipment, devices or processes in connection with its provision of the services and
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Written Products produced under this Agreement. In the event the use of any of the
Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined, CONSULTANT, at its expense,
shall: (a) secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction, or by procuring a license or licenses for CITY;
or (b) modify the Written Products and other deliverables so that they become non-
infringing while remaining in compliance with the requirements of this Agreement. This
covenant shall survive the termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a
document on a computer, CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
5.2 Record-Keeping and Reporting
(a) Pursuant to 24 C.F.R. Section 85.36(i)(10), the CONTRACTOR shall
maintain all books, documents, papers, and records that are directly pertinent to the
Agreement for the purpose of making audits, examinations, excerpts and transcripts.
(b) Pursuant to 24 C.F.R. Section 85.36(i)(11) and the Los Angeles
County Development Commission's Project Description and Activity Budget for Contract
70741 (Project No. D96691-09), CONTRACTOR shall retain all required records for a
period of five(5)years after the CITY makes final payments and all other pending matters
are closed.
(c) Pursuant to 24 C.F.R. Section 85.36(i)(7), CONTRACTOR shall
provide to the CITY all requested documentation resulting throughout the course of or
under this Agreement.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee, and CONSULTANT shall notify CITY of CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 CDBG Regulations
CONSULTANT agrees to comply with the requirements of Part 570 of Title 24
of the Code of Federal Regulations, which states the U.S. Department of Housing and
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Urban Development's regulations concerning CDBG, and all federal regulations and
policies issued pursuant to these regulations. Furthermore, CONSULTANT shall comply
with all applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C.
sections 200e-217) and the Americans with Disabilities Act of 1992 (42 U.S.C. section
11200, et seq.).
6.3 Personnel
CONSULTANT represents that it has, or shall secure at its own expense, all
personnel required to perform CONSULTANT's services under this Agreement. Any
person who performs engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer and/or licensed in the appropriate discipline of Engineering for the work
being conducted by the State of California and in good standing. CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director of
Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement, but at all times shall CONSULTANT be
responsible for its associates or subcontractors' services.
6.4 CONSULTANT's Representations
CONSULTANT represents, covenants and agrees that: a)CONSULTANT is
licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary
to perform the services in accordance with the terms and conditions set forth in this
Agreement; b)there are no obligations, commitments, or impediments of any kind that will
limit or prevent CONSULTANT's full performance under this Agreement; c) to the extent
required by the standard of practice, CONSULTANT has investigated and considered the
scope of services performed, has carefully considered how the services should be
performed, and understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
6.5 Labor Standards and Civil Rights
CONTRACTOR agrees to comply with the requirements of the Secretary of
Labor and the latest amendments to: Executive Orders 11246 and 11375, as
supplemented in Department of Labor regulations (41 C.F.R. chapter 60); the Copeland
"Anti-Kickback"Act (18 U.S.C. 847) as supplemented in Department of Labor regulations
(29 C.F.R. part 3); Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701 et seq.); Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000); Section 109
of Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et
seq.); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); and Section 504 of the
Rehabilitation Act of 1973(29 U.S.C. 701 et seq.). CONTRACTOR agrees to comply with
the requirements of all other applicable federal, state and local laws and regulations
pertaining to labor standards or civil rights insofar as those acts apply to the performance
of this Agreement.
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6.6 Environmental Conditions
Pursuant to 24 C.F.R. Section 85.36(i)(13), CONTRACTOR agrees to comply
with the mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub.L. 94-163, 89 Stat. 871).
6.7 Lobbying Certifications
(a) The Los Angeles County Lobbyist Code Chapter 2.160 County
Ordinance No. 93-0031 Certification is attached hereto as Exhibit "B" and incorporated
herein by this reference. CONSULTANT shall complete and file this Certification as
required.
(b) The Federal Lobbyist Requirements Certification is attached hereto as
Exhibit"C" and incorporated herein by this reference. CONSULTANT shall complete and
file this Certification with the CITY.
6.8 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve(12) months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100) in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.9 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled by
and construed under the laws of the State of California, excluding California's choice of law
rules. Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b) If any legal action or other proceeding, including action for declaratory
relief, is brought for the enforcement of this Agreement or because of an alleged dispute,
breach, default or misrepresentation in connection with this Agreement,the prevailing party
shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in
addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its
testimony and preparation to testify at reasonable hourly rates.
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6.10 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY. Any such purported
assignment without written consent shall be null and void, and CONSULTANT shall hold
harmless, defend and indemnify the CITY and its officers, officials, employees, agents and
representatives with respect to any claim, demand or action arising from any unauthorized
assignment.
Notwithstanding the above, CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ,when it is appropriate and customary to
do so. Such persons and entities include, but are not necessarily limited to, surveyors,
specialized consultants, and testing laboratories. CONSULTANT's use of subcontractors
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.11 Independent Contractor
CONSULTANT is and shall at all times remain, as to the CITY, a wholly
independent contractor. Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set
forth, and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons, firms, or
corporations as the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation, or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any
time or in any manner, represent that it or any of its agents, servants or employees, are in
any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify
and hold the CITY harmless from any and all taxes, assessments, penalties, and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement. CONSULTANT shall fully comply with the workers' compensation law
regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers' compensation laws. The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.12 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
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6.13 Entire Agreement
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified or amended, or provisions or
breach may be waived, only by subsequent written agreement signed by both parties.
6.14 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.15 Non-Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of performance under
this Agreement. In no event shall the making by the CITY of any payment to
CONSULTANT constitute or be construed as a waiver by the CITY of any breach of
covenant, or any default which may then exist on the part of CONSULTANT, and the
making of any such payment by the CITY shall in no way impair or prejudice any right or
remedy available to the CITY with regard to such breach or default.
6.16 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
6.17 Notice
Except as otherwise required by law, any notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed received
on (a) the day of delivery if delivered by hand or overnight courier service during
CONSULTANT's or CITY's regular business hours or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses listed below,
or at such other address as one party may notify the other:
To CITY:
Mr. Jim Hendrickson, Interim Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
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•
To CONSULTANT:
Mr. Bob Merrell, President
Merit Civil Engineering, Inc.
12391 Lewis Street, Suite 201
Garden Grove, CA 92840
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: ' �5 � 3 MERIT CIVIL ENGINEERING, INC.
("CONSULTANT")
/0/ fi,
By: 1
Printed Name: / �114- --/lItC.4' (
Title:
By:
Printed Name:
Title:
Dated: 4910 CITY OF RANCHO PALOS VERDES
("CITY")
By: SrS7c3R7"--)-,
Mayor
ATTEST: APPROVED AS TO FORM:
By: gAi9, By:
City Clerk City Attorney
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.
Exhibit A
MERIT Municipal Engineering
Land Surveying
Infrastructure
November 10, 2012
Mr. Nicole Jules
Department of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Subject: Field Engineering Services Proposal — Blackhorse Road ADA Ramp
Improvements
Dear Nicole:
In response to the Request for Proposal, Merit Civil Engineering is pleased to submit our
proposal to provide field engineering services for the Blackhorse Road ADA ramp project. This
proposal will outline our recommendation for inspection activities for the project, proposed
scope of services, schedule and the level of coverage anticipated.
PROJECT UNDERSTANDING
The Blackhorse Road CDBG ADA project includes four access ramps that are located at the
intersection of Hawthorne Boulevard and Blackhorse Road, a location that will present traffic
control challenges during the construction. The work will be concentrated at the intersection and
in the parkways but will still be subject to intermittent access issues. It will be important to
ensure the contractor provides adequate traffic control and access during work hours.
The following activities are recommended to manage the ramp construction:
• Adequate BMP installations to control surface water and construction debris
• Effective traffic control monitoring
• Traffic signal modification inspection
• Site and construction inspection on a frequent basis including daily reports
• Construction staking
• As built drawings in PDF format.
The contract time for the ramp project is 15 working days. I believe the number of days that will
require inspection will probably be 13 or so and even then, most of the days would require
something less than full time inspection and my being in the area, the budget for this project can be
minimized. Therefore, the inspection time estimated to establish a budget for the actual inspection
of the project is 13 days at 2-3 hours per day. I plan to be the Construction Manager and primary
Inspector with Joe Buckner, P.E., P.L.S. assigned as the fill-in inspector, if needed.
Construction surveys will be needed and are part of this proposal. An estimated 8 hours are
Merit Civil Engineering, Inc. Office: (714)748-0531
12391 Lewis Street, Suite 201 Fax: (714)748-0681
Garden Grove, CA 92840
Exhibit A
Proposal to City of Rancho Palos Verdes
Blackhorse Road ADA Ramps
November 10, 2012
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anticipated to complete the various staking elements and are included in the estimated fee. These
hours may be kept separate from this authorization if desired by the City.
SCHEDULE
The pre-construction meeting will be the first activity followed with any coordination necessary
with the utility companies.
COMPENSATION
The proposed total Not-to-Exceed fee for the above-described services is detailed on the
attached Fee Breakdown spreadsheet. The total Not-to-Exceed fee is$ 5,797.00
Incidental costs relative to the assignment for office supplies, travel, phone calls, etc. are
included in the above quoted Not-to-Exceed fee.
We look forward to assisting you on this assignment. Please contact me with any questions you
may have.
Respectfully,
MERIT CIVIL ENGINEERING, INC.
Robert Merrell, P.E.
President
2 Merit Civil Engineering, Inc
MERIT
Merit Cowl Enoineerint Inc.
Exhibit "B":
Community Development Commission
County of Los Angeles
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031
CERTIFICATION
Name of Firm: UiVet r
Address.
/.-.-3' / 1.e(1416' 44- ce2 5-1,04),c_
:C1�_ ZipCode: ' Telephone Number: (7t7 'TT3
State p
Acting on behalf of the above named firm, as its Authorized Official, I make the following
Certification to the County of Los Angeles and the Community Development Commission,County of
Los Angeles.
1) It is understood that each person/entity/firm who applies for a Community
Development Commission contract,and as part of that process,shall certify that they
are familiar with the requirements of the Los Angeles County Code, Chapter 2.160
(Los Angeles County Ordinance 93-0031)and;
2) That all persons/entities/firms acting on behalf of the above named firm have and will
comply with the County Code, and;
3) That any person/entity/firm who seeks a contract with the Community Development
Commission shall be disqualified therefrom and denied the contract and, shall be
liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other
person or entity acting on behalf of the named firm fails to comply with the provisions
of the County Code.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into contract with the Los Angeles County and the Community Development Commission,
County of Los Angeles.
Authorized Official:
fL / V1 71 Ei7//rivgaeiBy:
• (Contractor/Su tractor) (Signature)
•
5-/3
(Title)
R6876-0001\1410334v2.doc
Exhibit "C":
FEDERAL LOBBYIST REQUIREMENTS
CERTIFICATION
Name of Firm: Fati � a r � Date: //57/
Address. /)-3,/ ttç& L�
State: P-- Zip Code: 5-)).-i0 Phone No.: 71r
Acting on behalf of the above named firm, as its Authorized Official, I make the following
Certification to the Department of Housing and Urban Development (HUD) and the Community
Development Commission, County of Los Angeles:
1. No Federal appropriated funds have been paid, by or on behalf of the above named firm to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of and
Federal grant, loan or cooperative agreement, and any extension, continuation, renewal,
amendment, or modification thereof, and;
2. If any funds other than Federal appropriated funds have paid or will be paid to any person for
influencing or attempting to influence an officer or employee or any agency, a Member of
Congress an officer or employee of Congress or an employee of a Member of Congress in
connection with this Federal contract, grant loan, or cooperative agreement, the above
named firm shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions, and:
3. The above name firm shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative agreement)and that all sub-recipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into.Submission of this certification is a prerequisite for making or
entering into the transaction imposed by Section 1352 Title 31, U.S. Code.Any person who fails to
file the required certification shall be subject to a civil penalty of not less than$10,000 and not more
than $100,000 for each such failure.
Authorized Official:
Name: / t ' Title: fil,--rk-r--01-e-t-j---
Signature: 7-e)/i.A4-74i/Let-4'-- Date: /)./�
Federal Lobbying Requirements Certification Form Revised 09/30/05
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