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LAC CDBG Project No 601734-15 COUNTY OF LOS ANGELES AGREEMENT TO IMPLEMENT A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT WITH A PARTICIPATING CITY AMENDMENT NUMBER 2 Operating Agency: CITY QF RANCHO PALOS VERDES Contract Number: 108838 Project Title: ADA Access Improvements - Del Cerro Park/Burma Road Entrance to PV Nature Preserve Project Number: 601734-15 This amendment to the Agreement to Implement is entered into this 24th day of January 2017, by the County of Los Angeles, hereinafter called the "County" and the City of Rancho Palos Verdes,hereinafter called "Operating Agency". The Operating Agency is hereby authorized to implement this amendment to the CDBG Project identified above upon execution of this Agreement by the Operating Agency's authorized signatory. Said implementation shall be in full accordance with the requirements, conditions, and assurances defined in the Contract Number 108838, between the Operating Agency and the County of Los Angeles. In addition, the Operating Agency agrees to comply with the following: 1. ADMINISTRATION MODIFICATION The Exhibit A has been changed to reflect an updated project implementation schedule. An amended Exhibit A, Project Description and Activity Budget, is attached hereto and incorporated herein, and substituted in its entirety for the previously attached Exhibit A. All other terms and conditions of said Agreement shall remain the same. Revised 5/16 Title: Title: Director, Community Development Division Community Development Commission of the County of Los Angeles Los Angeles County Community Development Commission Exhibit A Community Development Commission County of Los Angeles Project Description and Activity Budget Contract No. 108838 Version 2 PROJECT OPERATING AGENCY Project No: 601734-15 Organization Title: ADA Access Improvements-Del Name: City of Rancho Palos Verdes Cerro Park/Burma Road Entrance to PV Nature Preserve Type: Participating City Funding Period: 10/6/2015 To: 6/30/2017 Jurisdiction:Rancho Palos Verdes CDC Program Mgr: Jeffrey Badre Project Administration Michael Gibson, Senior Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275-5391 P: (310) 544-5247 F: (310) 544-5292 Email: mikeg@rpv.com Eligibility Summary Funding Source: CDBG HUD Code: 03L Sidewalks Eligibility Citation: 570.201(c) National Objective: LMC Nat. Objective Citation: 570.208(a)(2) (ii)(A) Est. Accomplishments: 3659 Performance Indicator: People(General) Activity Summary This new project will remove vegetation and natural physical impediments to provide unobstructed mobility and access for the elderly and severely disabled adults to the Palos Verdes Nature Preserve at the Del Cerro Park. This Project entails the construction of three (3)ADA curb ramps, including curb and gutter along the ramps as well as 800 feet of new sidewalk or a decomposed granite trail to create pedestrian linkage to the Palos Verdes Nature entrance. These improvements will be constructed along Crenshaw Boulevard/Burma Road, between Park Place and Burrell Lane(CT 6706.06 BG 3). Project No: 601734-15 Version: 2 Los Angeles County Community Development Commission Exhibit A CDBG funds will be used to pay for non-personnel costs for the direct CDBG project related administration, design, construction management, labor compliance and construction costs required for the removal of physical barriers for the elderly and people with disabilities at this location. This project is 100%CDBG-funded. Special Conditions PREVAILING WAGE REQUIREMENTS: The prevailing wage requirements of the Davis-Bacon and Related Acts and the Federal Labor Standards Provisions apply to all construction activities and demolition in conjunction with construction comprising$2,000 or more in cost. These prevailing wage requirements also apply to CDBG-funded contracts for the rehabilitation of residential property when the contract contains eight(8) or more housing units at the site of construction. The Operating Agency must notify the GMU Construction Contract Compliance Officer of the date, time, and location of the Pre-Construction Conference at least 10 calendar days in advance. FIVE PERCENT RETENTION: CDC will retain five percent(5%)of the CDBG contract amount for this project until a File Review of the Labor Standards Enforcement File has been completed and final clearance is issued. The Operating Agency must request the File Review prior to the anticipated completion of construction. The Operating Agency is advised that five percent(5%)of the total construction contract award be retained from the prime contractor by the Operating Agency to allow for the availability of funds to remedy monetary liabilities that can result from violations of the Davis-Bacon and Related Acts and Federal Labor Standards Provisions. LABOR STANDARDS ADMINISTRATION AND ENFORCEMENT: To meet minimum program requirements,the Operating Agency must provide its GMU Program Manager with any updates to the Implementation Schedule within 10 calendar days of any change. The following tasks must be completed: *Submit Bid Documents for GMU review and approval prior to advertising the Notice Inviting Bids; *Providing the GMU Construction Contract Compliance Officer with a copy of the "Agency Report of Contract Award"within 10 calendar days of awarding any contract or subcontract involving construction activity; *Providing the U.S. Department of Labor(DOL) Office of Federal Contract Compliance Programs with a written "Notice of Contract Award"within 10 calendar days of awarding a contract in the amount of$10,000 or more; and *Providing the "Contract-Subcontract Activity Report" as periodically requested by GMU Bulletin. The Operating Agency must also establish and maintain a Labor Standards Enforcement File for each contractor working at the project site in accordance with the GMU Construction Contract Compliance Guidelines. The Operating Agency must provide evidence that the following activities have taken place: *Actively monitor the project site on a continuous basis to conduct Employee Field Interviews with Project No: 601734-15 Version: 2 Los Angeles County Community Development Commission Exhibit A workers; *Document all posting requirements and ensure that postings are accessible to workers; *Ensure that all contractors working at the project site submit all compliance documents within 10 calendar days of contract award; *Ensure that all contractors submit weekly Certified Payroll Reports within 10 calendar days of the pay period ending date; and *Ensure that a CPR is submitted for each week that work is performed and that the last CPR is marked"Final." All weekly CPRs must be reviewed by the Qperating Agency for completeness and accuracy upon receipt. The Operating Agency's review must include: *Reconciliation of all Employee Field Interviews with each contractor's weekly CPR; *Assurance that all documents supporting "other" deductions and "apprentice" status letters are attached to the corresponding CPR. In the event of a discrepancy,the Operating Agency must suspend or withhold payment as allowed by law and in accordance with the contract between the Operating Agency and the prime contractor and notify the prime contractor in writing within 10 calendar days of the discovery of such a discrepancy. This written notification must: *Provide a detailed description of the discrepancy, including all necessary support documentation; *Outline the required corrective action; *Notify the contractor of their right to appeal; *Require the prime contractor to respond to the notification within 10 calendar days of its receipt; and *Inform the prime contractor that failure to sufficiently resolve the discrepancy within 10 calendar days, as detailed in the corrective action required,will lead to the Operating Agency suspending or withholding payment, as allowed by law and in accordance with the contract between the Operating Agency and the prime contractor. In the event of a labor violation, the Operating Agency must: *Provide the GMU Construction Contract Compliance Officer with a "Report of Violation"within 10 calendar days of the date of the discovery of any violations involving underpayments to workers as outlined in the GMU Construction Contract Compliance Guidelines; *Provide HUD and the GMU Construction Contract Compliance Officer with a Title 29 CFR Section 5.7 Enforcement Report within 30 calendar days of the disposition date for each labor violation that involves underpayments to workers in the amount of$500 or more for willful violations or unintentional underpayments of$1,000 or more as outlined in the Federal Labor Standards Provisions; and *Provide CDD-GMU with a"Semi-Annual Labor Standards Enforcement Report" summarizing all labor violation enforcement activities for the year as directed by GMU Bulletin. PENALTIES: Failure by the Operating Agency to comply with this contract will result in a written notification from CDC that the Operating Agency is subject to one or more of the following penalties, including but not limited to: *Suspension of payment of contract funds; Project No: 601734-15 Version: 2 Los Angeles County Community Development Commission Exhibit A *Withholding of contract retention funds; and *Termination of Contract. SANCTIONS: Failure by the Operating Agency to comply with this contract will result in a written notification from CDC that the Operating Agency will be subject to consideration for placement on one of the following HUD sanction lists: *Limited Participation List; *List of Parties Excluded from receiving Federally Assisted contracts. The Operating Agency will comply with procurement standards for the purchase of all equipment, supplies, and contracted services using CDBG funds. The Operating Agency shall maintain during the term of this Contract and for a period of five(5) years after the expiration of the contract complete and adequate financial records and accounts as considered necessary by the CDC to assure proper accounting for all program funds and to support all program expenditures. These records and accounts shall include,but not be limited to,the following: * A double-entry General Ledger that supports the costs charged to the Program; * Records documenting procurement of goods and services; * Contracts for goods or services; * Lease or Rental Agreements; * Invoices; * Billing Statements; * Cancelled Checks; * Timecards signed by employees and supervisors; * Personnel Authorization Records; * Payroll Registers; * Payroll Tax Records; * Bank Statements; * Bank Reconciliations; and * Documentation to support the allocation of costs. SUBRECIPIENT AGREEMENT/CONSULTANT SERVICES: The Operating Agency shall execute a professional services agreement with each consultant/contractor prior to incurring any costs or distributing any CDBG or ESG funds in compliance with federal contractual requirements. Program Management Mitigation Conditions The Operating Agency may begin to conduct the assembly of plans and bid specifications for this project. However,the Operating Agency is required to submit a final list confirming the site locations, a completed Matrix of Roles and Responsibilities, and a copy of the Operating Agency's final bid specifications or work write-up to the CDBG Program Manager/Construction Compliance Officer for review and acceptance, prior to commencing subsequent construction contract and labor compliance activities(i.e. contract award,pre-construction, and construction activities). Environmental Mitigation Conditions Project No: 601734-15 Version: 2 Los Angeles County Community Development Commission Exhibit A None. Contracted Services/Subrecipients The City will procure for consultants to provide for design, plans and specifications, construction bid documents, and construction management. The City will procure for a construction contractor. In addition,the City will procure and contract with a CDBG Consultant to provide direct project- related administrative services. Funding Summary Cost Category Amount UJncategorized $163,703.00 Total $163,703.00 Implementation Schedule Phase Scheduled Bid Document Submission 9/13/2016 Bid Document Acceptance 9/20/2016 Bid Opening 10/11/2016 Contract Award 11/1/2016 Construction Completed 1/27/2017 Location Name: Del Cerro Park Address:2 Park Place City: Rancho Palos Verdes Service Area Region Population Low/Mod Pop Rancho Palos Verdes 37,371 7,545 Grand Total: 37,371 7,54520.19% Low/Mod Project No: 601734-15 Version: 2 COUNTY OF LOS ANGELES AGREEMENT TO IMPLEMENT A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT WITH A GOVERNMENTAL AGENCY Operating Agency: CITY OF RANCHO PALOS VERDES Contract Number: 108272 The Operating Agency is'hereby authorized to implement the CDBG Project(s) identified below upon execution of this Agreement by the Operating Agency's authorized signatory. Said implementation shall be in full accordance with the requirements, conditions, and assurances defined in the Contract Number 70741, between the Operating Agency and the County of Los Angeles. In addition, the Operating Agency agrees to comply with the following: 1. SCOPE OF SERVICE. The Project described in the Exhibit A(s), listed below,shall be implemented. 2. TIME OF PERFORMANCE. Services are to commence as of Tuesday, October 6, 2015, and be completed no later than June 30,2016. 3. BUDGET SECTION. No more than the amounts specified in the Exhibit A(s), listed below, may be spent, without written approval of the Community Development Commission of the County of Los Angeles. Project No. Project Name Amount 601734-15 ADA ACCESS IMPROVEMENTS-DEL CERRO PARK/BURMA ROAD $163703.00 ENTRANCE TO PV NATURE PRESERVE CITY OF RANCHO PALOS VERDES TOTAL $163,703.00 City of Rancho Palos Verdes COUNTY OF LOS ANGELES Operating Agency Digitally signed by Michael Throne Michael Throne �.a�Michael Throne,o�ity of Rancho Pabs Verdes, ou zti VYa Department,email�mikeg�rpva.gov,—. BY: Date:2015.10.06 09:13:41-0700' By: Title: Title: Director, Community Development Division Community Development Commission of the County of Los Angeles Los Angeles County Community Development Commission Exhibit A Community Development Commission County of Los Angeles Project Description and Activity Budget Contract No. 70741 Version 0 PROJECT OPERATING AGENCY Project No: 601734-15 Organization Title: ADA Access Improvements -Del Name: City of Rancho Palos Verdes Cerro Park/Burma Road Entrance to PV Nature Preserve Type: Participating City Funding Period: 10/6/2015 To:6/30/2016 Jurisdiction:Rancho Palos Verdes CDC Program Mgr: Jeffrey Badre Project Administration Michael Gibson, Senior Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275-5391 P: (310) 544-5247 F: (310) 544-5292 Email: mikeg@rpv.com Eligibility Summary Fundine Source: CDBG HUD Code: 03L Sidewalks Eligibility Citation: 570.201(c) National Objective: LMC Nat. Objective Citation: 570.208(a)(2) (ii)(A) Est. Accomplishments: 3659 Performance Indicator: People(General) Activity Summary This new project will remove vegetation and natural physical impediments to provide unobstructed mobility and access for the elderly and severely disabled adults to the Palos Verdes Nature Preserve at the Del Cerro Park. This Project entails the construction of three(3)ADA curb ramps, including curb and gutter along the ramps as well as 800 feet of new sidewalk or a decomposed granite trail to create pedestrian linkage to the Palos Verdes Nature entrance. These improvements will be constructed along Crenshaw Boulevard/Burma Road, between Park Place and Burrell Lane (CT 6706.06 BG 3). Project No: 601734-15 Version: 0 Los Angeles County Community Development Commission Exhibit A CDBG funds will be used to pay for non-personnel costs for the direct CDBG project related administration, design, construction management, labor compliance and construction costs required for the removal of physical barriers for the elderly and people with disabilities at this location. This project is 100% CDBG-funded. Special Conditions PREVAILING WAGE REQUIREMENTS: The prevailing wage requirements of the Davis-Bacon and Related Acts and the Federal Labor Standards Provisions apply to all construction activities and demolition in conjunction with construction comprising $2,000 or more in cost. These prevailing wage requirements also apply to CDBG-funded contracts for the rehabilitation of residential property when the contract contains eight(8)or more housing units at the site of construction. The Operating Agency must notify the GMU Construction Contract Compliance Officer of the date, time, and location of the Pre-Construction Conference at least 10 calendar days in advance. FIVE PERCENT RETENTION: CDC will retain five percent(5%) of the CDBG contract amount for this project until a File Review of the Labor Standards Enforcement File has been completed and final clearance is issued. The Operating Agency must request the File Review prior to the anticipated completion of construction. The Operating Agency is advised that five percent(5%) of the total construction contract award be retained from the prime contractor by the Operating Agency to allow for the availability of funds to remedy monetary liabilities that can result from violations of the Davis-Bacon and Related Acts and Federal Labor Standards Provisions. LABOR STANDARDS ADMINISTRATION AND ENFORCEMENT: To meet minimum program requirements,the Operating Agency must provide its GMU Program Manager with any updates to the Implementation Schedule within 10 calendar days of any change. The following tasks must be completed: *Submit Bid Documents for GMU review and approval prior to advertising the Notice Inviting Bids; *Providing the GMU Construction Contract Compliance Officer with a copy of the "Agency Report of Contract Award" within 10 calendar days of awarding any contract or subcontract involving construction activity; *Providing the U.S. Department of Labor(DOL)Office of Federal Contract Compliance Programs with a written "Notice of Contract Award" within 10 calendar days of awarding a contract in the amount of$10,000 or more; and *Providing the "Contract-Subcontract Activity Report" as periodically requested by GMU Bulletin. The Operating Agency must also establish and maintain a Labor Standards Enforcement File for each contractor working at the project site in accordance with the GMU Construction Contract Compliance Guidelines. The Operating Agency must provide evidence that the following activities have taken place: *Actively monitor the project site on a continuous basis to conduct Employee Field Interviews with Project No: 601734-15 Version: 0 Los Angeles County Community Development Commission Exhibit A workers; *Document all posting requirements and ensure that postings are accessible to workers; *Ensure that all contractors working at the project site submit all compliance documents within 10 calendar days of contract award; *Ensure that all contractors submit weekly Certified Payroll Reports within 10 calendar days of the pay period ending date; and *Ensure that a CPR is submitted for each week that work is performed and that the last CPR is marked"Final." All weekly CPRs must be reviewed by the Operating Agency for completeness and accuracy upon receipt. The Operating Agency's review must include: *Reconciliation of all Employee Field Interviews with each contractor's weekly CPR; *Assurance that all documents supporting "other" deductions and "apprentice" status letters are attached to the corresponding CPR. In the event of a discrepancy,the Operating Agency must suspend or withhold payment as allowed by law and in accordance with the contract between the Operating Agency and the prime contractor and notify the prime contractor in writing within 10 calendar days of the discovery of such a discrepancy. This written notification must: *Provide a detailed description of the discrepancy, including all necessary support documentation; *Outline the required corrective action; *Notify the contractor of their right to appeal; *Require the prime contractor to respond to the notification within 10 calendar days of its receipt; and *Inform the prime contractor that failure to sufficiently resolve the discrepancy within 10 calendar days, as detailed in the corrective action required, will lead to the Operating Agency suspending or withholding payment, as allowed by law and in accordance with the contract between the Operating Agency and the prime contractor. In the event of a labor violation,the Operating Agency must: *Provide the GMU Construction Contract Compliance Officer with a "Report of Violation" within 10 calendar days of the date of the discovery of any violations involving underpayments to workers as outlined in the GMU Construction Contract Compliance Guidelines; *Provide HUD and the GMU Construction Contract Compliance Officer with a Title 29 CFR Section 5.7 Enforcement Report within 30 calendar days of the disposition date for each labor violation that involves underpayments to workers in the amount of$500 or more for willful violations or unintentional underpayments of$1,000 or more as outlined in the Federal Labor Standards Provisions; and *Provide CDD-GMU with a "Semi-Annual Labor Standards Enforcement Report" summarizing all labor violation enforcement activities for the year as directed by GMU Bulletin. PENALTIES: Failure by the Operating Agency to comply with this contract will result in a written notification from CDC that the Operating Agency is subject to one or more of the following penalties, including but not limited to: *Suspension of payment of contract funds; Project No: 601734-15 Version: 0 Los Angeles County Community Development Commission Exhibit A *Withholding of contract retention funds; and *Termination of Contract. SANCTIONS: Failure by the Operating Agency to comply with this contract will result in a written notification from CDC that the Operating Agency will be subject to consideration for placement on one of the following HUD sanction lists: *Limited Participation List; *List of Parties Excluded from receiving Federally Assisted contracts. The Operating Agency will comply with procurement standards for the purchase of all equipment, supplies, and contracted services using CDBG funds. The Operating Agency shall maintain during the term of this Contract and for a period of five (5) years after the expiration of the contract complete and adequate financial records and accounts as considered necessary by the CDC to assure proper accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be limited to, the following: * A double-entry General Ledger that supports the costs charged to the Program; * Records documenting procurement of goods and services; * Contracts for goods or services; * Lease or Rental Agreements; * Invoices; * Billing Statements; * Cancelled Checks; * Timecards signed by employees and supervisors; * Personnel Authorization Records; * Payroll Registers; * Payroll Tax Records; * Bank Statements; * Bank Reconciliations; and * Documentation to support the allocation of costs. The Operating Agency shall execute a professional services agreement with each consultant/contractor prior to incurring any costs or distributing any CDBG or ESG funds, in compliance with federal contractual requirements. The Operating Agency may begin to conduct the assembly of plans and bid specifications for this project. However,the Operating Agency is required to submit a final list confirming the site locations, a completed Matrix of Roles and Responsibilities, and a copy of the Operating Agency's final bid specifications or work write-up to the CDBG Program Manager/Construction Compliance Officer for review and acceptance, prior to commencing subsequent construction contract and labor compliance activities(i.e. contract award, pre-construction, and construction activities). Contracted Services/Subrecipients The City will procure for consultants to provide for design, plans and specifications, construction bid documents, and construction management. The City will procure for a construction contractor. Project No: 601734-15 Version: 0 Los Angeles County Community Development Commission Exhibit A In addition,the City will procure and contract with a CDBG Consultant to provide direct project-related administrative services. Funding Summary Cost Category Amount Uncategorized $163,703.00 Total $163,703.00 Implementation Schedule Phase Scheduled Bid Document Submission 11/1/2015 Bid Document Acceptance 11/20/2015 Bid Opening 1/21/2016 Contract Award 2/16/2016 Construction Completed 3/31/2016 Location Name: Del Cerro Park Address:2 Park Place City: Rancho Palos Verdes Service Area Region Population Low/Mod Pop Rancho Palos Verdes 37,371 7,545 Grand Total: 37,371 7,54520.19% Low/Mod Project No: 601734-15 Version: 0