CC SR 20170620 U - 3rd Amendment to Hardy Harper AgreementRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 06/20/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action to approve the third amendment to the agreement
between the City of Rancho Palos Verdes and Hardy & Harper, Inc. for Public Works
maintenance of streets and rights-of-way.
RECOMMENDED COUNCIL ACTION:
(1) Approve the Third Amendment to the Agreement; and,
(2) Authorize the Mayor and City Clerk to execute the agreement with Hardy &
Harper, Inc. for public works maintenance of streets and rights-of-way, and
extend the term of the agreement to June 30, 2018.
FISCAL IMPACT: This work will be included in the upcoming FY17-18 municipal
budget.
Amount Budgeted: $411,000
Additional Appropriation: N/A
Account Number(s): 202-400-3180-5201,.
ORIGINATED BY: Sean Larvenz, Maintenance Superintendent
REVIEWED BY: Nicole Jules, PE, Acting Director of Public Works
APPROVED BY: Doug Willmore, City Manager,`
V
ATTACHED SUPPORTING DOCUMENTS:
A. Agreement for Hardy & Harper, Inc. (page A-1)
B. First Amendment to Agreement (page B-1)
C. Second Amendment to Agreement (page C-1)
D. Third Amendment to Agreement (page D-1)
E. Hardy & Harper, Inc. Proposal (page E-1)
BACKGROUND AND DISCUSSION:
The Public Works Maintenance Agreement for Streets and Rights of Way between the
City of Rancho Palos Verdes ("City") and Hardy & Harper, Inc. ("Contractor"), was
awarded on May 15, 2012, ("Agreement") for a three (3) year term with a total value of
$552,000 for the initial term. The Agreement included an annual not -to -exceed amount
of $184,000. The First Amendment to the Agreement was exercised July 1, 2015, and
extended the term for one year. The Second Amendment to the Agreement was
exercised July 1, 2016, and extended the term again for one year and included a rate
increase from $90.00 per hour to $95 per hour for a "Lead Worker, with one stake -bed
01203.0006/384252.2
1
truck and cellular phone." The First and Second Amendments were also for an annual
not -to -exceed amount of $184,000. The item before the City Council is the third
amendment ("Third Amendment"), which would be effective July 1, 2017, and would
extend the term for one more year as the final extension option provided for under the
Agreement.
The total expenditure on the three (3) base years of the Agreement was $481,861.81,
which was under the budget of the executed contract value of $552,000. The total
expenditure under the First Amendment (FY15-16) totaled $174,906.43. The
expenditure estimate at completion of the Second Amendment (FY16-17) is
$169,382.40.
For the proposed Third Amendment, the Contractor has proposed an increase in the
not -to -exceed amount from $184,000 to $195,000 for FY 17-18. The hourly rates will
remain the same, but the increase in the not -to -exceed amount allows for an expected
increase in the possible hours of service for FY 17-18 from 1936 to 2052. This will also
increase the potential contract value to $1,115,000 (for the total six years of the
Agreement). Staff has determined that this increase to the not -to -exceed limit can be
accommodated under this Third Amendment with no additional appropriation.
Staff evaluated the quality of service provided by Hardy & Harper, Inc. and found it
to be excellent. In addition, the company has demonstrated a willingness to
immediately address any noted deficiencies in service, and is flexible in addressing
the City's needs. Staff therefore recommends approval of the Third Amendment to
the Agreement with Hardy & Harper, Inc., which will extend the term for one year,
until June 30, 2018, and increase the annual not -to -exceed limit from $184,000 to
$195,000. The proposed FY17-18 budget provides adequate funding for the Staff
recommendation. The funding source for the contract is Gas Tax — Street
Landscape Maintenance.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Allow the contract to expire at the end of the Second Amendment period
on June 30, 2017, and re -bid the work. Adopting this alternative may
likely result in an interruption of service, increased costs and the loss of
the Contractor's institutional knowledge.
2. Take other action as deemed appropriate by the City Council.
01203.0006/384252.2
2
PUBLIC WORKS MAINTENANCE AGREEMENT
FOR. STREETS AND RIGHTS OF WAY
THIS AGREEMENT ("Agreement") is made and entered this 15tb day of May, 2012, by and between the
CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Hardy and Harper
Inc. ("Contractor").
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
Scope ol'Services. Contractor shall perform the work and provide all labor, materials, equipment and
services in a good and workmanlike manner for the project identified as Pt;BLIC WORKS
MAINTENANCE LABOR FOR STREETS AND RIGHTS OF WAY ("Project"), as described in this
Agreement and in the Bid Documents (including the Notice Inviting Sealed Bids, the Instructions to
Bidders, the General Provisions, the Special Provisions, the Technical Special Provisions, the
Proposal, the Exhibits, and all addenda as prepared prior to the date of bid opening setting forth any
modifications or interpretations of any said documents), which are attached hereto as Exhibit "A" and
incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be
performed in accordance with the latest edition of the Standard Specifications for Public Works
Construction (commonly known as the "Green book"), including supplements, prepared and
promulgated by the Southern California Chapter of the American Public Works Association and the
Associated General Contractors of California (collectively "Standard Specifications"), which is
incorporated herein by this reference. In the event of any conflict between the terns of this Agreement
and incorporated documents, the terms of this Agreement shall control.
2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by
the Contractor, shall be paid for under written work order in accordance with the terms therein
provided. Payment for extra work will be made at the unit price or lump sure previously agreed upon
in writing between the Contractor and the Director of Public Works. All extra work shall be adjusted
daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and
signed by both parties, and said daily report shall be considered thereafter the true records of extra
work done.
Tenn. This Agreement shall commence on July 1, 2012 and shall remain in cffect until the tasks
described herein are completed to the City's approval, but in no event later than .lune 30, 2015, unless
sooner terminated pursuant to Section 13 of this Agreement. Additionally, there shall be three (3) one-
year options to renew the Agreement with the mutual written consent of both partics. If not renewed
prior to the anniversary date, the Agreement may continue on a month to month basis under the same
terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until
renewed or awarded to a new contractor, whichever is less.
4. Time. Time is of the essence in this Agreement.
5. Forec Maicure. Neither the City nor Contractor shall be responsible for delays in performance under
this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the
public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, lahor
stoppages or slowdowns, freight embargoes, utnusually severe weather, and supplier delays due to such
causes. Neither economic nor market conditions nor the financial condition of either party shall be
considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly
in writing of each such excusable delay, its cause and its expected delay, and shall upon request update
such notice.
6. Compensation. Inconsideration of the services rendered hereunder, City shall pay Contractor not to
exceed amount of One hundred Eighty Four Thousand dollars ($1$4,000) in accordance will) the
C-1
A-1
prices as submitted in Contractor's Proposal, attached hereto as Fxhibit "B" and incorporated herein
by this reference.
7. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and properly
submitted payment request from Contractor. City shall return to Contractor any payment request
determined not to be a proper payment request as soon as practicable, but not later than seven (7) days
after receipt, and shall explain in writing the reasons why the payment request is not proper.
A payment shall be made as the City Council of the City prescribes upon estimates approved by the
City Council. However, progress payments shall not be made in excess ofninety-five percent (95%)
of the percentage of actual work completed plus a like percentage of the value of material delivered on
the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold
not less than five percent (5%) of the Agreement price until final completion and acceptance of the
Project. However, at any time after fifty percent (50%) of the work has been completed, if the City
Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of
the remaining progress payments in full for actual work completed.
S. Substitute Security.
At the written request and expense of Contractor, securities equivalent to any moneys
withheld by the City to ensure performance under this Agreement shall be deposited with the
City, or with a state or federally chartered bank in the State of California as the escrow agent,
that shall then pay those moneys to Contractor. Upon satisfactory completion of the
Agreement, the securities shall be returned to Contractor.
b. Alternatively, Contractor may request that the City shall make payment of retentions earned
directly to the escrow agent at the expense of Contractor. At the expense of Contractor,
Contractor may direct the investment of the payments into securities, and Contractor shall
receive the interest earned on the investments upon the same terms provided for securities
deposited by Contractor. Upon satisfactory completion of the Agreement, Contractor shall
receive from the escrow agent all securities, interest, and payments received by the escrow
agent from the City, pursuant to the terms of this Section.
c. Securities eligible for investment shall include those listed in California Government Code
Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand
deposit accounts, standby letters of credit, or any other security to which Contractor and the
City mutually agree in writing. Contractor shall be the beneficial owner of any securities
substituted for moneys withheld and shall receive any interest thereon.
d. If Contractor elects to receive interest on moneys withheld in retention by the City, it shalt, at
the request of any subcontractor performing more than five percent (5%) of Contractor's total
bid, make that option available to the subcontractor regarding any moneys withheld in
retention by Contractor from the subcontractor. Further mandatory details are provided in
Public Contract Code Section 22300(d), which is incorporated herein by this reference.
e. The escrow agreement for security deposits in lieu of retention shall be substantially similar to
the form provided in Public Contract Code Section 22300(f), which is incorporated herein by
this reference.
9. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and other taxes
imposed by local, State of California and federal law. These payments are included in the total
amounts in Exhibit "B."
C-2
A-2
10. Audit. The City or its representative shall have the option of inspecting and/or auditing all records and
other written materials used by Contractor in preparing its, billings to the City as a condition precedent
to any payment to Contractor. Contractor will promptly furnish documents requested by the City.
Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the
City or as part of any audit of the City, for a period of three (3) years after final payment under this
Agreement.
11. Unresolved Disl2utes. In the event that a dispute arises between the City and Contractor regarding
whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in
Contractor's cost of or time required for performance of any part of the work, Contractor shall not be
excused from any scheduled completion date provided for by the Agreement, but shall proceed with
all work to be performed under the Agreement. Contractor shall retain any and all rights provided that
pertain to the resolution of disputes and protests between the parties. In the event of any dispute or
controversy with the City over any matter whatsoever, Contractor shall not cause any delay or
cessation in or of work, but shall proceed with the performance of the work in dispute. This includes
disputed time extension requests and prices for changes. The disputed work will be categorized as an
"unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court
of law. Contractor shall keep accurate, detailed records of all disputed work, claims and other
disputed matters. Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal
Code chapter 3.24 ("Claims Against the City') shall govern the procedures of the claim process, and
these provisions are incorporated herein by this reference.
12. Termination. This Agreement may be canceled by the City at any time with or without cause without
penalty upon thirty (30) days' written notice or by the Contractor at any time with or without cause
without penalty upon ninety (90) days' written notice. In the event of termination by the City without
fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of
termination, and such payment shall be in full satisfaction of all services rendered hereunder.
13. Incorporation by Reference. All of the following documents are attached hereto and incorporated
herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments;
Insurance Requirements for the City of Rancho Palos Verdes Public 'Works Contract; Workers'
Compensation Certificate of Insurance; Indemnification and Hold Harmless Agreement and Waiver of
Subrogation and Contribution; Additional Insured Endorsement (Comprehensive General Liability);
Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess
Liability).
14. Antitrust Claims. Contractor offers and agrees to assign to the City all rights, title, and interest in and
to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing; with Section 167001) of Part 2 of Division 7 of the California
Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the
Agreement. This assignment shall be made and become effective at the time the City tenders final
payment to Contractor without further acknowledgment by the parties.
15. Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor
shall promptly and before the following conditions are disturbed notify the City in writing of any:
material that Contractor believes may be material that is hazardous waste, as defined in California
Health and Safety Code Section 25117, that is required to be removed to a Class I, Class 11, or Class
Ill disposal site in accordance with provisions of existing law; subsurface or latent physical conditions
at the site differing from those indicated; or unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the Agreement. The City shall promptly investigate the
conditions, and if the City finds that the conditions do materially differ or do involve hazardous waste
and cause a decrease or increase in Contractor's cost of or the time required for performance of any
C-3
A-3
part of the work, the City shall issue a change order.
16. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and
incorporates that section herein by this reference.
17. Location of Existing Elements. The methods used and costs involved to locate existing elements,
points of connection and all construction methods are Contractor's sole responsibility. Accuracy of
information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole
expense, must make all investigations necessary to determine locations of existing elements, which
may include, without limitation, contacting U.S.A_ Alert and other private underground locating
firms), utilizing specialized locating equipment and/ter hand trenching.
18. independent Contractor. Contractor 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
Contractor or any of the Contractor's employees, except as herein set forth, and Contractor 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 at the Contractor wishes except as expressly
provided in this Agreement. Contractor shall have no power to incur any debt, obligation, -or liability
on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as an agent.
Contractor 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. Contractor agrees to pay all
required taxes on amounts paid to Contractor 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. Contractor shall fully
comply with the workers' compensation law regarding Contractor and its employees. Contractor
further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with
applicable workers' compensation laws. The City shall have the right to offset against the amount of
any compensation due to Contractor under this Agreement any amount due to the City from Contractor
as a result of its failure to promptly pay to the City any reimbursement or indemnification arising
under this Section.
19. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which
prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is
attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's
work.
20. Workers' Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every
contractor will be required to secure the payment of compensation to its employees. In accordance
with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to under take self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
21. Subcontracting. Contractor shall adhere to all provisions of the Subletting, and Subcontracting Fair
Practices Act, Public Contract Code Section 4100 el seg., which is incorporated herein by this
reference.
22. NondiscriminatM Empla3nnent. Contractor shall not unlawfully discriminate against any individual
based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of
disability. Contractor understands and agrees that it is bound by and will comply with the
nondiscrimination mandates of all statutes and local ordinances and regulations.
C - A
23. Debarred, Suspended or Ineligiblentractors. Contractor shall not be debarred throughout the
duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant
to California Labor Code Section 1777.1 or 1777.7.
24. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws,
ordinances, codes and regulations in farce at the time Contractor performs pursuant to this Agreement.
25. Bonds. Contractor shall obtain faithful performance and payment bonds as required by law, and
nothing in this Agreement shatl be read to excuse this requirement. The required forms entitled
Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated
herein by this reference.
26. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor 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 its full performance
under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the
subject of any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither
Contractor nor its personnel have been convicted of a felony.
27. Conflicts of Interest. Contractor 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 Contractor "financially interested," as provided in Government Code
Section 1490 and 87100, in any decisions made by City on any matter in connection with which
Contractor has been retained pursuant to this Agreement.
28. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating,
to the Agreement at any time. City shall timely notify Contractor of the receipt of any third -party claim
relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing
this notice.
29. Non -Assignability' Subcontracting. Contractor shall not assign or transfer any interest in this
Agreement nor any part thereof, whether by assignment or novation, without the City's prior written
consent. Any purported assignment without written consent shall be null, void, and of no effect, and
Contractor 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 or relating to any
unauthorized assignment.
30. Applicable Law. 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.
31. Attorneys' Fees. 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.
32. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or
describe the scope or intent of this Agreement or any part of it.
33. Authority. The person executing this Agreement on behalf of Contractor warrants and represents that
C-5
A-5
he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to
bind Contractor to the performance of its obligations hereunder.
34. Entire Agreement. This Agreement, including any other documents incorporated herein by specific
reference, represents the entire and integrated agreement between City and Contractor. This
Agreement supersedes all prior oral or written negotiations, representations or agreements. This
Agreement may not be modified or amended, nor any provision or breach waived, except in a writing
signed by both parties which expressly refers to this Agreement.
35. 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_
36. Non -waiver of Terrns, 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.
37. 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 dayof delivery
if delivered by hand or overnight courier service during Contractor'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. Tom Odom, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONTRACTOR:
The address listed in Exhibit "B."
38. Counterparts. This Agreement maybe executed in counterpart originals, duplicate originals, or both,
each of which is deemed to be an original for all purposes.
39. 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.
C-6
w o
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above
written.
A17 TEST:
13 yy &I - 4-' --1TA U,
City Clerk
Dated: r ` b.2 -
C -7
CITY (] ALOE V"RD
S
z
By.
Mayor
APPROVED AS TO FORM:
10
City Attorney
("CONT TOR")
By:
Printed Name:St<eve Kirschner
Title: Vice President
By.
Printed Name: Kristen Paulino
Title: Corporate Secretary
A-7
0 0
FIRST AMENDMENT TO AGREEMENT FOR
MAINTENANCE SERVICES FOR STREETS AND HIGHWAYS
BETWEEN THE CITY OF RANCHO PALOS VERDES
AND HARDY AND HARPER, INC.
This agreement is the First Amendment to the maintenance services agreement for
streets and highways between the City of Rancho Palos Verdes ("City") and Hardy and
Harper Inc. ("Contractor") dated May 15, 2012 ("Agreement"). This First Amendment to the
Agreement is effective as of July 1, 2015 and is being made to extend the term of the
Agreement for one year.
Section 1. Section 3 of the Agreement is hereby amended to read as follows:
"Term. This Agreement shall commence on July 1, 2012, and shall remain in
effect until the tasks described herein are completed to the City's satisfaction and
approval, but in no event later than June 30, 2016, unless sooner terminated pursuant
to Section 12 of this Agreement. Additionally, there shall be two (2) one-year options to
renew the Agreement with the mutual written consent of both parties. If not renewed
prior to the anniversary date, the Agreement may continue on a month to month basis
under the same terms and conditions as this Agreement for a maximum period not to
exceed six (6) months or until renewed or awarded to a new contractor, whichever is
less."
Section 2. Except as expressly amended by this First Amendment to the
Agreement, all of the other provisions of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment
as of the date and year first above written.
CITY OF RANCHO PALOS VERDES
("CITY")
By: .
Y
ATTEST:
By: _
City Cierk
1845934.1
0
1845934.1
HARDY ... .
.AN -000
� /�-
Printed Name: Steve Kirschner
Title: Vice President
Signature:g
Printed Name: Kristen Paulino
Title: Corporate Secretary
1W
Attachment C
SECOND AMENDMENT TO AGREEMENT FOR
MAINTENANCE SERVICES FOR STREETS AND HIGHWAYS
BETWEEN THE CITY OF RANCHO PALOS VERDES
AND HARDY AND HARPER, INC.
This agreement is the Second Amendment to the maintenance services
agreement for streets and highways between the City of Rancho Palos Verdes ("City")
and Hardy and Harper, Inc. ("Contractor") dated May 15, 2012 ("Agreement"). This
Second Amendment to the Agreement is effective as of July 1, 2016 and is being made
to extend the term of the Agreement for one year.
Section 1. Section 3 of the Agreement is hereby amended to read as follows:
"Term. This Agreement shall commence on July 1, 2012, and shall remain in
effect until the tasks described herein are completed to the City's satisfaction and
approval, but in no event later than June 30, 2017, unless sooner terminated pursuant
to Section 12 of this Agreement. Additionally, there shall be one (1) one-year option to
renew the Agreement with the mutual written consent of both parties. If not renewed
prior to the anniversary date, the Agreement may continue on a month to month basis
under the same terms and conditions as this Agreement for a maximum period not to
exceed six (6) months or until renewed or awarded to a new contractor, whichever is
less."
Section 2. Section 6 of the Agreement is hereby amended to read as follows:
"Compensation. In consideration of the services rendered hereunder, City shall
pay Contractor a not -to -exceed amount of One Hundred Eighty Four Thousand dollars
($184,000) in accordance with the prices as submitted in Contractor's Proposal,
attached hereto as Exhibit "B" and the Contractor's revised cost Proposal, attached
hereto as Exhibit "C" and incorporated herein by this reference."
Section 3. Except as expressly amended by this Second Amendment to the
Agreement, all of the other provisions of the Agreement shall remain in full force and
effect.
01203.0006/297529.1
C-1
Attachment C
IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment as of the date and year first above written.
ATTEST:
By:
City Clark
01203.0006/297529.1
CITY OF RANCHO PALOS VERDES
("CITY")
By: - J
Mayor
C-2
k.
01203.0006/297529.1
Attachment C
HARDY AND PER '6INC.
,Signature:
Printed Name: Steve Kirschner
Title: Vice President
Signature:
Printed Name: Kristen Paulino
Title: Corporate Secretary
C-3
ardy & Harper, Inc.
C�-d�IGIGZ�� �'�i[G�GttGf' �GdF2ii'LC�•C�f3!L
;"VAIV LI('. \uIllh r 1151P.12
i;l•tt•1•I1-I,i>1 I�1\�?i•l:-s---.'.<;Cil
May 17th, 2016
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
RE: Public Works Maintenance Agreement for Streets and Right -of -Ways
Dear Sean,
Due to increases in the cost of labor and equipment over the term of the Public Works Maintenance
Agreement for Streets and Right -of Ways, Hardy & Harper, Inc. is proposing a 5.5% increase over the original
base bid item cost of $90.00 per hour for a Lead Worker, with a stake bed truck and phone. The proposed
increase will raise the hourly rate to $95.00 per hour.
Thank you,
Steve Kirschner — Vice President
C-4
AMENDMENT NO.3
TO AGREEMENT FOR CONTRACT SERVICES
THIS THIRD AMENDMENT TO THE AGREEMENT FOR CONTRACT
SERVICES by and between the CITY OF RANCHO PALOS VERDES, a California municipal
corporation ("City") and Hardy & Harper, Inc., a California corporation ("Contractor") is
effective as of the 1St day of July, 2017.
RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services
dated May 15, 2012 ( "Agreement") whereby Contractor agreed to provide all work, labor,
materials, equipment, and services for the project identified as Public Works Maintenance Labor
For Streets and Rights of Way (the "Services").
B. Pursuant to Section 3 of the Agreement, the term of the Agreement was for three
(3) years, ending on June 30, 2015, with an annual not -to -exceed amount of One Hundred Eighty
Four Thousand dollars ($184,000), for a total value of $552,000 for the initial term. The
Agreement provided for three (3), one-year options to renew, with the mutual written consent of
both parties.
C. On July 1, 2015, the City and Contractor exercised the first of three one-year
options to renew the Agreement ("First Amendment"). The term of the Agreement was extended
to June 30, 2016. The extended term increased the total value by an additional $184,000, from
$552,000 to a total of $736,000.
D. On July 1, 2016, the City and Contractor exercised the second of three one-year
options to renew the Agreement ("Second Amendment"). The term of the Agreement was
extended to June 30, 2017. The Second Amendment included a rate increase from $90.00 per
hour to $95.00 per hour for a "Lead Worker, with one stake -bed truck and cellular phone." This
increased the total value by an additional $184,000, from $736,000 to a total of $920,000.
E. City and Contractor now desire to amend the Agreement ("Third Amendment") to
exercise the third one-year option to renew the Agreement. The term of the Agreement would
extend to June 30, 2018. The Third Amendment includes an annual not -to -exceed amount of One
Hundred Ninety Five Thousand dollars ($195,000) for FY 17-18. The hourly rates will remain
the same as they were for FY 16-17, but the increase in the not -to -exceed amount accounts for an
anticipated increase in the possible hours of service for FY 17-18 from 1936 to 2052. The total
value of the Agreement will increase from $920,000 to a total of $1,115,000.
TERMS
1. Contract Changes. The Agreement is amended as provided herein (new text is
identified in bold italics, deleted text in s#ile thr-ough).
A. Section 3 of the Agreement, entitled "Term," shall be amended to read as
follows:
D-1
"Term. This Agreement shall commence on July 1, 2012, and shall remain
in effect until the tasks described herein are completed to the City's satisfaction
and approval, but in no event later than June 30, 204-72018, unless sooner
terminated pursuant to Section 12 of this Agreement. Additionally there shall
one (1) one year option to renew the Agreement with mutual w �..Pe:n oenon-senyt Of
both patties. Additionally, if not renewed prior to the anniversary date, the
Agreement may continue on a month to month basis under the same terms and
conditions as this Agreement for a maximum period not to exceed six (6) months
er ,mfi r -en .,oa or until awarded to a new contractor, whichever is less."
B. Section 6, of the Agreement, entitled "Compensation," shall be amended to
read as follows:
"Compensation. In consideration of the services rendered hereunder, City shall
pay Contractor a not -to -exceed amount of
dollars ($184,000) One Hundred Ninety Five Thousand dollars ($195,000) for
FY 17-18, in accordance with the prices submitted in Contractor's Proposal,
attached hereto as Exhibit `B" and incorporated herein by reference.
2. Continuing Effect of Agreement. Except as amended by this Third Amendment,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Third Amendment, whenever the term "Agreement" appears in the
Agreement, it shall mean the Agreement, as amended by this Third Amendment to the
Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Contractor each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and
binding obligation.
Contractor represents and warrants to City that, as of the date of this Third Amendment,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Contractor that, as of the date of this Third Amendment,
Contractor is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Third Amendment.
5. Authority. The persons executing this Third Amendment on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
01203.0006/384251.2 -2-
D-2
execute and deliver this Third Amendment on behalf of said party, (iii) by so executing this
Third Amendment, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Third Amendment does not violate any provision of any other Agreement to
which said party is bound.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on
the date and year first -above written.
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Dave Aleshire, City Attorney
01203.0006/384251.2
-3-
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Brian Campbell, Mayor
CONTRACTOR:
HARDY & HARPER, INC.
By:
Name:
Title:
By:
Name:
Title:
Address: 1312 East Warner Avenue
Santa Ana, CA 92705
D-3
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01203.0006/384251.2
me
M11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On
Date
personally appeared
before me,
Here Insert Name and Title of Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY
under the laws of the State of California
that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Public
Place Notary Seal Above
01203.0006/384251.2 D-5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On
Date
personally appeared
before me,
Here Insert Name and Title of Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY
under the laws of the State of California
that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Public
Place Notary Seal Above
01203.0006/384251.2 D-6
ardy & Harper, Inc.
aJA1f4& #4&e"f e
STATE LIC. Number 215952
1312 EAST WARNER AVENUE
SANTA ANA, CA 42705
(714) 444-1851 • FAX (714) 444-28DI
5/18/2017
City of Rancho Palos. Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Att: Sean. Larvens
RE: Public 'Works Maintenance Agreement for Streets and Right -of Ways
Good Afternoon Sean,
Hardy & Harper, Inc. agrees to hold unit prices current for the third option year of the
"Public Works Maintenance Agreement for Streets and Right of Ways" with a NTE of
$195.000.
Sincoely, /
Steve Kirschner
Vice President
E-1