CC SR 20190219 I - CDBG Area 1 Crosswalk Access ImprovementsRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 02/19/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to award a contract for construction of the Americans
with Disabilities Act (ADA) Access Improvements – Crosswalks in Area 1 Project (Area
1 Project), to award a professional services agreement for inspection services, and to
allocate additional appropriations for the CDBG program projects.
RECOMMENDED COUNCIL ACTION:
(1) Approve the construction plans and contract documents for the ADA
Improvements – Crosswalks in Area 1 Project, which are on file in the
Department of Public Works; and,
(2) Award a construction contract to Hardy & Harper, Inc. in the amount of $123,800
and authorize the City Manager or Director of Finance to execute an amendment
for construction contingency of 10% (12,380) if needed; and,
(3) Award a professional services agreement to Sunbeam Consulting, Inc. in the
amount of $7,680 for construction inspection and authorize the City Manager or
Director of Finance to execute an amendment for inspection contingency of 10%
($770) if needed; and,
(4) Authorize the Mayor and City Clerk to execute the Construction and Professional
Services Agreements, subject to approval as to form by the City Attorney; and,
(5) Authorize the additional appropriations in the amount of $102,079 for Area 1 and
$119,666 for Area 9 Project.
FISCAL IMPACT: The budgeted CDBG funds and the additional appropriations will
equal the amount of federal funds that the City receives for the CDBG program projects,
with a zero net impact on the City’s General Fund.
Amount Budgeted: $ 109,200.00 – Area 1
$ 29,916.00 – Area 9
Account Number(s): Various accounts
310-400-8829-xxxx (Area 1)
310-400-8832-xxxx (Area 9)
Additional Appropriation: Various accounts
310-400-8829-xxxx (Area 1) $102,079
310-400-8832-xxxx (Area 9) $119,666
ORIGINATED BY: James Flannigan, Assistant Engineer
REVIEWED BY: Elias Sassoon, Director of Public Works
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
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A. Construction Contract – Hardy & Harper, Inc. (page A-1)
B. Professional Services Agreement – Sunbeam Consulting (page B-1)
C. All Cities Engineering, Inc. Rejection Letter (page C-1)
D. ADA Access Improvements – Crosswalks in Area 1 Project Description
and Activity Budget (page D-1)
E. ADA Access Improvements – Crosswalks in Area 9 Project Description
and Activity Budget (page E-1)
BACKGROUND AND DISCUSSION:
The Area 1 Project is a Los Angeles Community Development Commission (LACDC)
funded access improvement project that is located at intersections along Grayslake
Road and on Ironwood Road. This project will improve access at these intersections by
installing new curb ramps to remove barriers to access.
Staff prepared plans, specifications and a construction cost estimate, and these
documents were reviewed by the Los Angeles County Community Development
Commission. The project was publicly advertised and sealed bids were received and
opened on January 10, 2019. Hardy & Harper, Inc. submitted the lowest responsive and
responsible bid out of seven (7) bids received. The following table summarizes the bids
received:
BID SUMMARY
Construction Companies Bid Amount
All Cities Engineering, Inc $ 99,435.00
**ENGINEER”S ESTIMATE** $ 122,778.00
Hardy & Harper, Inc. $ 123,800.00
Ruiz Concrete $ 130,804.49
Gentry General Engineering $ 135,820.00
United GLI $ 137,447.00
EBS General Engineering $ 139,005.00
Onyx Paving Co. $ 176,000.00
Staff reviewed the bid from All Cities Engineering, Inc. (ACE) and found the bid to be
non-responsive. ACE did not have sufficient experience, the correct corporate officers
did not sign the bid proposal, and 13 of the 32 required pages to be submitted were
missing. Furthermore, ACE proposed to complete a specific line item of work at about
6% of the Engineer’s Estimate for what the work should cost. Staff did not find this to be
a responsible bid for that line item. For these reasons, Staff rejected the bid after
conferring with the City Attorney’s office. A copy of the rejection letter is attached on
page C-1.
Staff has verified Hardy & Harper, Inc.’s references and found their past performance to
be satisfactory. Their bid, bonds, and insurance documents are in order and their
contractor’s license is current. Accordingly, Staff recommends awarding a construction
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contract to Hardy & Harper, Inc. for their proposed amount plus a construction
contingency totaling $136,180.
A complete list of the Area 1 Project costs are as follows:
Budget Comments/Notes
Construction $136,180 Hardy & Harper
Design $18,772 Anderson Penna Partners
(Completed in FY17-18)
Inspection $8,450 Sunbeam Consulting
Grant Management $35,756 Michael Baker International
Total $199,158
Area 9 Project
On December 5, 2017, the City Council authorized having the Director of Public Works
execute an agreement for the FY 18-19 CDBG project with the Los Angeles County
Community Development Commission (LACCDC) for the ADA Access Improvements –
Area 9 Project. This project will install curb ramps at intersections along Pontevedra
Drive and Delasonde Drive. The design is scheduled to start early March and
construction documents will be advertised Spring 2019. Staff will be recommending a
construction contract shortly after bids are received. Staff is requesting the City Council
authorize an additional appropriation of $149,582 for the estimated project costs which
are 100% reimbursable from LACCDC.
ALTERNATIVE:
In addition to the Staff recommendations, the following alternative action is available for
the City Council’s consideration:
1. Reject all bids and re-advertise the construction project.
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PUBLIC WORKS AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
HARDY & HARPER, INC.
for
ADA ACCESS IMPROVEMENTS – CROSSWALKS IN AREA 1
PROJECT NO. RW2017-05
01203.0006/300347.1 A-1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
HARDY & HARPER, INC.
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and
entered into this 19TH day of February, 2019 by and between the City of Rancho Palos Verdes,
a California municipal corporation (“City”) and Hardy & Harper, Inc., a California
municipal corporation (“Contractor”). City and Contractor are sometimes hereinafter individually
referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to
enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms of
that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made
by the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall
provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and
incorporated herein by this reference, which may be referred to herein as the “services” or “work”
hereunder. As a material inducement to the City entering into this Agreement, Contractor represents
and warrants that it has the qualifications, experience, and facilities necessary to properly perform
the work required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Contractor shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Contractor covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
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professional standards” shall mean those standards of practice recognized by one or more first-class
firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions”
in the bid documents for the project entitled ADA Access Improvements – Crosswalks in Area 1,
Project No. RW2017-05, including any documents or exhibits referenced therein (collectively, “bid
documents”), all of which are incorporated herein by this reference. In the event of any inconsistency
between the terms of the bid documents and this Agreement, the terms of this Agreement shall
govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services
hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City
and any Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed
under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this
Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing
with Section 1720) of the California Labor Code relating to public works contracts and the rules and
regulations established by the Department of Industrial Relations (“DIR”) implementing such
statutes. The work performed under this Agreement is subject to compliance monitoring and
enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any interested
party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a
copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per
diem wages, and Contractor shall post a copy of the same at each job site where work is performed
under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply
with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or
portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the
work or craft in which the worker is employed for any public work done pursuant to this Agreement
by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as specified in
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Section 1776; certify and make such payroll records available for inspection as provided by Section
1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the
provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations
Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its
subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours
performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours
labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be
bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work
excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Contractor or by any subcontractor
for each calendar day during which such worker is required or permitted to work more than eight (8)
hours in any one calendar day and forty (40) hours in any one calendar week in violation of the
provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code
section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and
forty (40) hours during any one week shall be permitted upon public work upon compensation for all
hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate
of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and
3700 provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor 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 undertake
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.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every
subcontractor who will perform work under this Agreement, Contractor shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of
the California Labor Code, and shall make such compliance a requirement in any contract with any
subcontractor for work under this Agreement. Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor's compliance, including
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without limitation, conducting a review of the certified payroll records of the subcontractor on a
periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers
the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or
rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits,
registrations, and approvals as may be required by law for the performance of the services required
by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are
necessary for the Contractor’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such
fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i)
has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully
considered how the services should be performed, and (iii) fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement. If the
services involve work upon any site, Contractor warrants that Contractor has or will investigate the
site and is or will be fully acquainted with the conditions there existing, prior to commencement of
services hereunder.
(b) Contractor shall promptly, and before the following conditions are
disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous
waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I,
II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions,
materially different from those indicated; or (iii) unknown physical conditions at the site of any
unusual nature, different from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in this Agreement, and will materially affect the performance of
the services hereunder.
(c) City shall promptly investigate the conditions, and if it 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 part of the work, shall issue a
change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether
the conditions materially differ, or 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 set, but shall proceed with all work to be performed
under the Agreement. Contractor shall retain any and all rights provided either by contract or by law,
which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government
Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
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1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining
storage facilities, during the life of the Agreement to furnish continuous protection to the work, and
the equipment, materials, papers, documents, plans, studies and/or other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to persons or property,
until acceptance of the work by City, except such losses or damages as caused by City’s own
negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not,
without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which
have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section
shall be deemed to include unauthorized work which has not been removed and any non-conforming
materials incorporated into the work) to be of good quality and free from any defective or faulty
material and workmanship. Contractor agrees that for a period of one year (or the period of time
specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer
or supplier of equipment or materials incorporated into the work, whichever is later) after the date of
final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of
any defect in the work or non-conformance of the work to the Agreement, commence and prosecute
with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense.
Contractor shall act as soon as requested by the City in response to an emergency. In addition,
Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or
work of other contractors) damaged by its defective work or which becomes damaged in the course
of repairing or replacing defective work. For any work so corrected, Contractor's obligation
hereunder to correct defective work shall be reinstated for an additional one year period,
commencing with the date of acceptance of such corrected work. Contractor shall perform such tests
as the City may require to verify that any corrective actions, including, without limitation, redesign,
repairs, and replacements comply with the requirements of the Agreement. All costs associated with
such corrective actions and testing, including the removal, replacement, and reinstitution of
equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.
All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to
perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully
reimburse the City for any expenses incurred hereunder upon demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
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prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the
other.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the Scope
of Work or make changes by altering, adding to or deducting from said work. No such extra work
may be undertaken unless a written change order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the Contractor
(“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to
commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one
hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to
the Work or to the interest of the City, may be approved by the Contract Officer. Any greater
increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the
Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work
shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If
the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change
Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is done.
The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment
shall be at cost to Contractor or lowest current price which such materials and equipment are
reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the
Contractor must provide a daily report that includes invoices for labor, materials and equipment
costs for the work under the Change Order. The daily report must include: list of names of workers,
classifications, and hours worked; description and list of quantities of materials used; type of
equipment, size, identification number, and hours of operation, including loading and transportation,
if applicable; description of other City authorized services and expenditures in such detail as the City
may require. Failure to submit a daily report by the close of the next working day may, at the City’s
sole and absolute discretion, waive the Contractor’s rights for that day.
(d) It is expressly understood by Contractor that the provisions of this
Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of
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Work may be more costly or time consuming than Contractor anticipates and that Contractor shall
not be entitled to additional compensation therefor. City may in its sole and absolute discretion have
similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance
shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part
hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor
the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed ONE-HUNDRED TWENTY-THREE THOUSAND EIGHT-HUNDRED
Dollars ($123,800) (the “Contract Sum”), unless additional compensation is approved pursuant to
Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion;
(ii) payment in accordance with specified tasks or the percentage of completion of the services less
the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and
only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of
Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the
performance of the work with City is a critical component of the services. If Contractor is required to
attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any
additional compensation for attending said meetings.
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2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month in a form approved by City’s Director
of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying
compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary
and actual expenses by the following categories: labor (by sub-category), travel, materials,
equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by
such categories. Contractor shall not invoice City for any duplicate services performed by more than
one person.
City shall, as soon as practicable, independently review each invoice submitted by the
Contractor to determine whether the work performed and expenses incurred are in compliance with
the provisions of this Agreement. Except as to any charges for work performed or expenses incurred
by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor
to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however,
Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot
guarantee that payment will occur within this time period. In the event that City does not cause
Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted
invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public
Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the
original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by
the City, for correction and resubmission. Returned invoices shall be accompanied by a document
setting forth in writing the reasons why the payment request was rejected. Review and payment by
the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or
remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference.
When requested by the Contractor, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer but not exceeding one hundred
eighty (180) days cumulatively.
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3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within
ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes
of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the
time for performing the services for the period of the enforced delay when and if in the judgment of
the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover
damages against the City for any delay in the performance of this Agreement, however caused,
Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement,
either during performance or when completed. City shall reject or finally accept Contractor’s work
within forty-five (45) days after submitted to City. City shall accept work by a timely written
acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be
conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to
amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the
provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty
and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding
one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being
the principals and representatives of Contractor authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Steve Kirschner ___________ Vice President ____________
(Name) (Title)
Dennis Beyle _____________ Principal ________________
(Name) (Title)
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Megan Manlove __________ Principal ________________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of
the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the
stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the
services required under this Agreement. Contractor shall notify City of any changes in Contractor’s
staff and subcontractors, if any, assigned to perform the services required under this Agreement,
prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Contractor shall not at any time or in any manner represent
that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials,
officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers,
employees or agents, shall obtain any rights to retirement, health care or any other benefits which
may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Director of Public Works such person as may be
designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of the services and the Contractor shall
refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner,
mode or means by which Contractor, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision
or control of Contractor’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Contractor shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Contractor shall not at any time
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or in any manner represent that it or any of its agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its
business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. All subcontractors shall obtain,
at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the
City) as may be required by law for the performance of any services or work under this Agreement.
In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors
or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include
the transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Contractor, taking all transfers into account on a
cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any
surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of
any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense
during the term of this Agreement, policies of insurance of the type and amounts described below
and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an
amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury,
personal injury, and property damage. The policy must include contractual liability that has not been
amended. Any endorsement restricting standard ISO “insured contract” language will not be
accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with Services to
be performed under this Agreement, including coverage for any owned, hired, non-owned or rented
vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the Services to be performed in connection with
this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the effective date of this
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Agreement and Contractor agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in
the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement
for workers’ compensation. Insurance certificates and endorsements must be approved by City’s
Risk Manager prior to commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Contractor shall procure and maintain for the duration
of this Agreement insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Services hereunder by Contractor, its
agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be primary
and any insurance or self-insurance procured or maintained by City shall not be required to
contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be
called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced, City
has the right but not the duty to obtain the insurance it deems necessary and any premium paid by
City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay
premium from Contractor payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
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(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor
or others providing insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-
compliance with any requirement imposes no additional obligations on the City nor does it waive
any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to
a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver
of any type. If the Contractor maintains higher limits than the minimums shown above, the City
requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of insurance and coverage
shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required
coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for all
additional insureds ensuring that Contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability.
The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Contractor agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in the
project by Contractor, provide the same minimum insurance coverage and endorsements required of
Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility
for ensuring that such coverage is provided in conformity with the requirements of this section.
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Contractor agrees that upon request, all agreements with consultants, subcontractors, and others
engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any time
during the term of the contract to change the amounts and types of insurance required by giving the
Contractor ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s
compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor’s performance under this
Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for
its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations,
errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may
be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent
performance of the work, operations or activities provided herein of Contractor, its officers,
employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is
legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful
misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City,
its officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party
to any action or proceeding filed or prosecuted against Contractor for such damages or other claims
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arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the
Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights,
copyrights or trademark on any person or persons in consequence of the use by the Indemnified
Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is
not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and
if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Contractor in the performance of professional services
and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as
a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by
law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design
professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the
negligence, recklessness or willful misconduct of the design professional. The indemnity obligation
shall be binding on successors and assigns of Contractor and shall survive termination of this
Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to
the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs
incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City,
the following:
(a) A performance bond in the amount of the Contract Sum of this
Agreement, in the form provided by the City Clerk, which secures the faithful performance of this
Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this
Agreement, in the form provided by the City Clerk, which secures the payment of all persons
furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain
the original notarized signature of an authorized officer of the surety and affixed thereto shall be a
certified and current copy of his power of attorney. The bond shall be unconditional and remain in
force during the entire term of the Agreement and shall be null and void only if the Contractor
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promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and
materials for work and services under this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated “A” or better in the most recent edition of
Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager of
the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3
years duration, or in the event the Risk Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk
Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent
securities for any funds withheld to ensure performance under this Agreement may be permitted at
the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an
escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of
retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided
evidence of satisfaction of all other requirements under Article 5 of this Agreement;
(b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be
made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor
Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as
required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records in compliance with all applicable laws, or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as shall
be necessary to perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. Any and all such documents shall be maintained in
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accordance with generally accepted accounting principles and shall be complete and detailed. The
Contract Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and transcripts
from such records. Such records shall be maintained for a period of 3 years following completion of
the services hereunder, and the City shall have access to such records in the event any audit is
required. In the event of dissolution of Contractor’s business, custody of the books and records may
be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding
the above, the Contractor shall fully cooperate with the City in providing access to the books and
records if a public records request is made and disclosure is required by law including but not limited
to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer shall
require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work
and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if
Contractor becomes aware of any facts, circumstances, techniques, or events that may or will
materially increase or decrease the cost of the work or services contemplated herein or, if Contractor
is providing design services, the cost of the project being designed, Contractor shall promptly notify
the Contract Officer of said fact, circumstance, technique or event and the estimated increased or
decreased cost related thereto and, if Contractor is providing design services, the estimated increased
or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data,
notes, computer files, reports, records, documents and other materials (the “documents and
materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of
this Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for
further employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Contractor will be at the City’s sole risk and without
liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse
or assignment. Contractor may retain copies of such documents for its own use. Contractor shall
have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Contractor fails
to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
Moreover, Contractor with respect to any documents and materials that may qualify as “works made
for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works
made for hire” for the City.
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6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written authorization
from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided
Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City shall
have the right to reimbursement and indemnity from Contractor for any damages, costs and fees,
including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery request,
court order or subpoena from any party regarding this Agreement and the work performed there
under. City retains the right, but has no obligation, to represent Contractor or be present at any
deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Contractor. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and
to performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles,
State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms
of this Agreement, the City shall not have any obligation or duty to continue compensating
Contractor for any work performed after the date of default. Instead, the City may give notice to
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Contractor of the default and the reasons for the default. The notice shall include the timeframe in
which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be
extended, though not reduced, if circumstances warrant. During the period of time that Contractor is
in default, the City shall hold all invoices and shall proceed with payment on the invoices only when
the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of
the outstanding invoices during the period of default. If Contractor does not cure the default, the City
may take necessary steps to terminate this Agreement under this Article. Any failure on the part of
the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the
City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Dispute Resolution. This contract is subject to the provisions of Article
1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code
regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain
procedures for the filing of claims and supporting documentation by the Contractor, for the response
to such claims by the City, for a mandatory meet and confer conference upon the request of the
Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for
mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This
Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation
under this Agreement. In the event that any claim is made by a third party, the amount or validity of
which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis
for a claim of lien, City may withhold from any payment due, without liability for interest because of
such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right
to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure,
indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the
provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any
waiver by either party of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
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7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of
one or more of such rights or remedies shall not preclude the exercise by it, at the same or different
times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law
or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and
910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of this
Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of
THREE-HUNDRED TWENTY-FIVE Dollars ($325) as liquidated damages for each working day of
delay in the performance of any service required hereunder, as specified in the Schedule of
Performance (Exhibit “D”). The City may withhold from any monies payable on account of services
performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section
4215, Contractor shall not be assessed liquidated damages for delay in completion of the project
when such delay was caused by the failure of the public agency or owner of the utility to provide for
removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically
provided in the following Section for termination for cause. The City reserves the right to terminate
this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor,
except that where termination is due to the fault of the Contractor, the period of notice may be such
shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the
right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written
notice to City, except that where termination is due to the fault of the City, the period of notice may
be such shorter time as the Contractor may determine. Upon receipt of any notice of termination,
Contractor shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Contractor has initiated termination, the
Contractor shall be entitled to compensation for all services rendered prior to the effective date of the
notice of termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3. In the event the Contractor has initiated termination, the
Contractor shall be entitled to compensation only for the reasonable value of the work product
actually produced hereunder. In the event of termination without cause pursuant to this Section, the
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01203.0006/300347.1 A-21
terminating party need not provide the non-terminating party with the opportunity to cure pursuant to
Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds the compensation
herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and
City may withhold any payments to the Contractor for the purpose of set-off or partial payment of
the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to
any action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees
on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed
to have accrued on commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, 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. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2
of Division 7 of the Business and Professions Code), arising from purchases of goods, services or
materials related to this Agreement. This assignment shall be made and become effective at the time
the City renders final payment to the Contractor without further acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any
successor in interest, in the event of any default or breach by the City or for any amount which may
become due to the Contractor or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor’s performance of services under this
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01203.0006/300347.1 A-22
Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect,
in this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which effects his financial interest or the financial interest of any corporation,
partnership or association in which he is, directly or indirectly, interested, in violation of any State
statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give
any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry, or other protected class in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and
to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos
Verdes, 30940 Hawthorne Boulevard, Ranchos Palos Verdes, California 90275 and in the case of the
Contractor, to the person at the address designated on the execution page of this Agreement. Either
party may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from
the time of mailing if mailed as provided in this Section. All correspondence relating to this
Agreement shall be serialized consecutively.
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01203.0006/300347.1 A-23
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to
be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and
exclusive expression of the understanding of the parties. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes and
cancels any and all previous negotiations, arrangements, agreements and understandings, if any,
between the parties, and none shall be used to interpret this Agreement. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the Contractor
and by the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment
or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect,
in this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or
other conduct or collusion that would result in the payment of any money, consideration, or other
thing of value to any third party including, but not limited to, any City official, officer, or employee,
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01203.0006/300347.1 A-24
as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and
understands that any such act(s), omission(s) or other conduct resulting in such payment of money,
consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i)
such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate
any provision of any other Agreement to which said party is bound. This Agreement shall be binding
upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01203.0006/300347.1 A-25
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
____________________________________
, Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONTRACTOR:
HARDY & HARPER, INC.
By: _________________________________
Name:
Title:
By: _________________________________
Name:
Title:
Address:
1313 E. Warner Avenue
Santa Ana, CA 92705
Two corporate officer signatures required when Contractor 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. CONTRACTOR’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 CONTRACTOR’S BUSINESS ENTITY.
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01203.0006/300347.1 A-26
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
01203.0006/300347.1 A-27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
01203.0006/300347.1 A-28
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and
requirements in the “General Provisions” and “Special Provisions” included in the bid
documents for the project entitled “ADA ACCESS IMPROVEMENTS – CROSSWALKS
IN AREA 1, PROJECT NO. RW2017-05”, including any documents or exhibits referenced
therein.
II. Brief description of the work to be performed:
The general items of work include construction of curb, sidewalk, ADA ramps, AC
pavement, landscape and irrigation restoration, and all other items that are required to
complete the work. The work to be done shall include furnishing all materials, equipment,
tools, labor, and incidentals as required by the Plans, Specifications, and Contract
Documents, in the City of Rancho Palos Verdes, California.
See, also, Exhibit A-1, attached hereto, entitled “ADA ACCESS IMPROVEMENTS –
CROSSWALKS IN AREA 1” Which is incorporated into this Scope of Work as if set forth
in detail.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor
will keep the City apprised of the status of performance by delivering the following status
reports:
A. Daily Reports
B. Certified Payroll
IV. All work is subject to review and acceptance by the City, and must be revised by the
Contractor without additional charge to the City until found satisfactory and accepted by
City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in
accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
01203.0006/300347.1 A-1
A-29
EXHIBIT “A-1”
ADA ACCESS IMPROVEMENTS – CROSSWALKS IN AREA 1
PROJECT PLANS
01203.0006/300347.1 A-2
A-30
SHEET INDEXCITY OF RANCHO PALOS VERDESUTILITY COMPANY CONTACT INFORMATIONPHONECITY OF RANCHO PALOS VERDES (310) 544-5252SOUTHERN CALIFORNIA EDISON COMPANY (310) 783-1156SOUTHERN CALIFORNIA GAS COMPANY (310) 687-2020VERIZON (310) 793-4159CALIFORNIA WATER SERVICE COMPANY (310) 541-2438COX COMMUNICATIONS (310) 551-5020 X30COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC WORKS(STORM DRAIN) (626) 458-3109COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC WORKS(SEWER) (626) 458-4357SANITATION DISTRICT OF LOS ANGELES COUNTY (562) 699-7411 X1205USA (800) 227-2600NOTICE: ACTUAL EXISTING SITE CONDITIONS MAY DIFFER FROM THOSE SHOWN. THECONTRACTOR SHALL VERIFY SITE CONDITIONS PRIOR TO BIDDING. LOCATION OF EXISTINGAND ABANDONED UTILITIES IS UNKNOWN OR FROM RECORD DATA ONLY. THECONTRACTOR SHALL VERIFY TO HIS SATISFACTION LOCATIONS OF ALL UTILITIES PRIOR TOBIDDING AND CONSTRUCTION. CONTRACTOR SHALL MAINTAIN AS-BUILT RECORDS OFEXISTING UTILITIES AND INFORM THE ENGINEER IN CASE OF DISCREPANCIES.THE CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLYACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIREDTO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURINGTHE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING THE SAFETY OF ALLPERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLYCONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND CONSTRUCTIONCONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD DESIGNPROFESSIONAL HARMLESS FROM ANY LIABILITY, REAL OR ALLEGED, IN CONNECTION WITHTHE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING LIABILITY ARISING FROM THESOLE NEGLIGENCE OF DESIGN PROFESSIONAL.THE ENGINEER PREPARING THESE PLANS WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR,UNAUTHORIZED USE OF THESE PLANS. ALL CHANGES TO THE PLANS MUST BE IN WRITINGAND MUST BE APPROVED BY THE PREPARER OF THESE PLANS.THE CONTRACTOR SHALL VERIFY THE PRESENCE, LOCATION, AND MATERIAL OF ALLAFFECTED OR CONFLICTING UTILITIES AS NECESSARY FOR CONSTRUCTION. UTILITYVERIFICATION AND NOTIFICATION SHALL BE MADE IN A TIMELY MANNER SO AS TO ALLOWFOR ALTERNATIVE PLANNING WITHOUT AFFECTING THE CONSTRUCTION SCHEDULEMATERIALLY.ADA ACCESS IMPROVEMENTS11GENERAL NOTES:1. ALL WORK SHALL CONFORM TO THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (GREEN BOOK), THE CITY OF RANCHOPALOS VERDES STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION, THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATIONSTANDARD PLANS & SPECIFICATIONS, & PROJECT SPECIAL PROVISIONS, EACH OF THE MOST RECENT DATE.2. THE CONTRACTOR SHALL NOTIFY THE CITY OF RANCHO PALOS VERDES AT LEAST TWO WORKING DAYS (48 HOURS) PRIOR TO STARTINGCONSTRUCTION, AT (310) 544-5252.4. TRAFFIC CONTROL AND SAFETY DEVICES SHALL BE INSTALLED PER THE 2012 EDITION OF THE CALIFORNIA MUTCD, AND TO THESATISFACTION OF THE CITY OF RANCHO PALOS VERDES.5. EXISTING PAVEMENT DISTURBED BY THE CONSTRUCTION SHALL BE REPLACED IN KIND & RESTRIPED. A PERMIT ISSUED BY THE CITY OFRANCHO PALOS VERDES IS REQUIRED.6. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO ARRANGE FOR AND COORDINATE THE RELOCATION OF ANY EXISTING UTILITIESDEEMED NECESSARY BY THE PROPOSED IMPROVEMENTS.7. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTION OF EXISTING UTILITIES. ANY DAMAGE TO SUCH FACILITIES CAUSED BY HISWORK SHALL BE REPAIRED BY THE CONTRACTOR AT HIS EXPENSE.8. THE CONTRACTOR SHALL MAINTAIN ADJACENT STREETS IN A NEAT, CLEAN, DUST FREE AND SANITARY CONDITION TO THE SATISFACTION OFTHE CITY'S INSPECTOR. THE ADJACENT STREETS SHALL BE KEPT CLEAN OF DEBRIS,WITH DUST AND OTHER NUISANCES BEING CONTROLLEDAT ALL TIMES. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY CLEAN UP ON ADJACENT STREETS AFFECTED BY HIS CONSTRUCTION.STOCKPILING OF MATERIALS WITHIN THE PUBLIC RIGHT-OF-WAY IS NOT ALLOWED WITHOUT PRIOR WRITTEN APPROVAL OF THE CITYINSPECTOR.9. CONTRACTOR SHALL OBTAIN ALL REQUIRED O.S.H.A. PERMITS PRIOR TO CONSTRUCTION OF UNDERGROUND FACILITIES.10. WHEELCHAIR RAMPS, DRIVEWAY APRONS, CURBS, OR GUTTERS DISTURBED BY CONSTRUCTION SHALL BE REPLACED AT THECONTRACTOR'S EXPENSE. A PERMIT ISSUED BY THE CITY OF RANCHO PALOS VERDES IS REQUIRED.11. ALL SAWCUTS SHALL BE DONE BY THE WET-CUT METHOD, UNLESS OTHERWISE APPROVED BY THE ENGINEER, AND ALL SLURRY SHALL BEVACUUM REMOVED.12. CONSTRUCTION SHALL BE ADJUSTED AS NECESSARY TO MATCH EXISTING CONDITIONS, USES, AND PROVIDE POSITIVE SURFACEDRAINAGE. EXACT LIMITS AND CONFIGURATION OF WORK TO BE ADJUSTED AS DIRECTED BY THE ENGINEER IN THE FIELD.13. TOPOGRAPHIC INFORMATION SHOWN HEREIN HAS BEEN PROVIDED BY THE CITY OF RANCHO PALOS VERDES. THE CONTRACTOR SHALL BERESPONSIBLE FOR VERIFYING THE CORRECTNESS OF TOPOGRAPHIC INFORMATION FOR HIS OWN PURPOSES.14. THE CONTRACTOR SHALL REMOVE ALL CONSTRUCTION MARKINGS FROM THE PROJECT BY POWER WASHING, INCLUDING THOSE PLACEDFOR UTILITY LOCATING AND CONSTRUCTION SURVEYING. WASTE FROM POWER WASHING MUST BE DISCHARGED IN COMPLIANCE WITH NPDES.15.ANTITRUSTCLAIMS. IN ENTERING INTO THIS AGREEMENT, 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 THECARTWRIGHT ACT (CHAPTER 2 (COMMENCING WITH SECTION 16700) OF PART 2 OF DIVISION 7 OF THE CALIFORNIA BUSINESS AND PROFESSIONSCODE) ARISING FROM PURCHASES OF GOODS, SERVICES, OR MATERIALS PURSUANT TO THE AGREEMENT. THIS ASSIGNMENT SHALL BE MADEAND BECOME EFFECTIVE AT THE TIME THE CITY TENDERS FINAL PAYMENT TO CONTRACTOR WITHOUT FURTHER ACKNOWLEDGMENT BY THEPARTIES.16. COPIES OF THE PREVAILING RATE OF PER DIEM WAGES ARE ON FILE WITH THE DIRECTOR OF PUBLIC WORKS, AND COPIES OF THESE SHALLBE MADE AVAILABLE TO ANY INTERESTED PARTY ON REQUEST. CONTRACTOR SHALL POST THESE RATES AT EACH JOB SITE COVERED BY THISPROJECT.17. THE BIDDER SHALL POSSESS A VALID CLASS A CONTRACTOR'S LICENSE ISSUED BY CALIFORNIA STATE CONTRACTORS LICENSE BOARD ATTHE TIME OF THE BID SUBMISSION. THE SUCCESSFUL CONTRACTOR MUST ALSO POSSESS A CURRENT CITY BUSINESS LICENSE.TITLE SHEETADA ACCESS DETAILS - GRAYSLAKE RD/FINECREST DRADA ACCESS DETAILS - GRAYSLAKE RD/WAUKESHA PLADA ACCESS DETAILS - GRAYSLAKE RD/CLINT PLADA ACCESS DETAILS - GRAYSLAKE RD/GROVEOAK PLADA ACCESS DETAILS - %$66:22'$9(,521:22'6712345CROSSWALKS IN AREA 1TITLE SHEETANDERSON PENNA PARTNERS3737 BIRCH ST., SUITE 250NEWPORT BEACH, CA 92660LOCATION MAPNOT TO SCALEVICINITY MAPNO SCALECOMMUNITY DEVELOPMENT BLOCK GRANTPROJECT NO. RW017-05MONTEMALAGA DR.CRENSHAW
SILVER SPUR RDPROJECTLOCATIONSHAWTHORNE BLVDGRAYSLAKE RDGRANVIA ALTAMIRAIRONWOOD STIRONWOOD STBASSWOOD AVEBARKSTONE DRHAWTHORNE BLVDGROVEOAK PLDETAIL ANOT TO SCALETYPICAL LADDER CROSSWALK14'2' WHITE STRIPES IN WALK, 4' O.C.12" WIDE WHITE BORDER STRIPESNOTES:1. STRIPING SHALL BE LAID OUT AND APPROVED BY THEENGINEER PRIOR TO FINAL APPLICATION.2. THERMOPLASTIC SHALL BE APPLIED ON AC SURFACES ANDPAINT SHALL BE APPLIED ON PCC SURFACES.3. TWO COATS OF PAINT SHALL BE APPLIED 72 HOURS BETWEENAPPLICATIONS.4. ALL STRIPING SHALL HAVE REFLECTIVE GLASS BEADS.
A-31
ADA ACCESS DETAILSFeet051022A-32
ADA ACCESS DETAILSFeet051033A-33
ADA ACCESS DETAILSFeet051044A-34
ADA ACCESS DETAILSFeet051055A-35
ADA ACCESS DETAILSFeet0510A-36
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text in strikethrough.
I. Section 6.1, Records, is amended to read:
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records in compliance with all applicable laws, or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as shall
be necessary to perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. Any and all such documents shall be maintained in
accordance with generally accepted accounting principles and shall be complete and detailed. The
Contract Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and transcripts
from such records. Such records shall be maintained for a period of 35 years following completion of
the services hereunder, and the City shall have access to such records in the event any audit is
required. In the event of dissolution of Contractor’s business, custody of the books and records may
be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding
the above, the Contractor shall fully cooperate with the City in providing access to the books and
records if a public records request is made and disclosure is required by law including but not limited
to the California Public Records Act.
II. Section 9.8, CDBG Provisions, is added to read:
9.8 CDBG Provisions.
Consultant will also comply with Exhibit “B-1” including the “CDBG-Funded Contract
Requirements, Provisions & Clauses” and “County Lobbyist Code Chapter 2.160, County
Ordinance No. 93-0031, Certification”.
01203.0006/300347.1 B-1
A-37
EXHIBIT B-1
CDBG PROVISIONS
SOURCE OF FUNDS
The City has applied for and received funds from the United States Government under Title
1 of the Housing and Community Development Act of 1974, Public Law 93-383 through the
Community Development Block Grant Program. Such funds are being utilized for this
project.
RECORD-KEEPING AND REPORTING
Pursuant to 24 C.F.R. § 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. All documents pertaining in whole or in part
to this Agreement shall be clearly identified and readily accessible.
Pursuant to 24 C.F.R. § 85.36(i)(11) and the Los Angeles County Development
Commission’s Project Description and Activity Budget for the ADA Sidewalk Improvement
Project and Senior Citizen Project (Project Nos. 601545-12 & 600804-13), 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.
At any time during normal business hours and as often as the City, County of Los Angeles
(“County”), the State, HUD and/or Comptroller General of the United States (“Comptroller”)
may deem necessary, the Contractor shall make available to the aforementioned entities or
their representatives or agents for examination all of Contractor’s records with respect to all
matters covered by this Agreement. Contractor will permit the City, the County, the State,
HUD, the Comptroller and/or any of their representatives or agents to audit, examine and
make excerpts or transcripts from such records, including contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and any other data relating to the
matters covered by this Agreement. Contractor shall provide to the City, the County, the
State, HUD, and/or the Comptroller all requested documentation resulting throughout the
course of or under this Agreement.
CDBG REGULATIONS
Contractor 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 Urban
Development’s regulations concerning CDBG, and all federal regulations and policies issued
pursuant to these regulations.
FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS
In the performance of this Agreement, Contractor shall comply with all applicable provisions
of the California Fair Employment Practices Act (California Government Code Section §§
01203.0006/300347.1 B-2
A-38
12940 et seq.), the applicable equal employment provisions of the Civil Rights Act of 1964
(42 U.S.C. §§ 2000e et seq.), and the Americans with Disabilities Act of 1990 (42 U.S.C. §§
12101, et seq.).
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.
ENVIRONMENTAL CONDITIONS
Pursuant to 24 C.F.R. § 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).
LOBBYING CERTIFICATIONS
The County Lobbyist Code Chapter 2.160 County Ordinance No. 93-0031 Certification is
attached hereto as Exhibit “H” and incorporated herein by this reference. Contractor shall
complete and file this Certification as required.
The Federal Lobbyist Requirements Certification is attached hereto as Exhibit “I” and
incorporated herein by this reference. Contractor shall complete and file this Certification
with the City.
CONFLICTS OF INTEREST
Contractor agrees, on behalf of itself and its family, and its members, officers, employees
and agents and their families, not to accept any employment or representation or otherwise
obtain a financial interest or benefit 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 California Government Code Sections
1090 and 87100) in any decisions made by City on any matter in connection with which
Contractor has been retained pursuant to this Agreement. Contractor shall comply with all
applicable federal, State, and County laws and regulations governing conflict of interest
including but not limited to 24 CFR Part 570.611 and 24 CFR Part 85, Section 85.36(b).
Contractor shall take appropriate steps to assure compliance with paragraph (a) of this
01203.0006/300347.1 B-3
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section, and will incorporate the following provision into every sub-contract:
"Interest of Subcontractor and Employees. The Subcontractor
covenants that no person who presently exercises any functions or
responsibilities in connection with the Community Development
Block Grant Program has any personal financial interest, direct or
indirect, in this Contract. Any interest on the part of the
Subcontractor or his employees must be disclosed to the Recipient
and the City, provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the
statutory requirement that maximum opportunity be provided for
employment of and participation by residents of the area."
CONTRACTOR’S WARRANTY OF COMPLIANCE WITH COUNTY’S DEFAULTED
PROPERTY TAX REDUCTION PROGRAM
The Contractor acknowledges that the County has established a goal of ensuring that all
individuals and businesses that benefit financially from the County through contract are
current in paying their personal and real property tax obligations (secured and unsecured roll)
in order to mitigate the economic burden otherwise imposed upon the County and its
taxpayers. Unless the Contractor qualifies for an exemption or exclusion, the Contractor
warrants and certifies that to the best of its knowledge it is now in compliance, and during
the term of this Agreement will maintain compliance, with the County's Defaulted Tax
Program, found at County Ordinance No. 2009-0026 and codified at County Code Chapter
2.206 (“County Ordinance”). Contractor shall keep County property taxes out of default
status at all times during the term of this Agreement, as required by the County Ordinance.
Failure of the Contractor to maintain compliance with the requirements set forth in the
County Ordinance shall constitute default under this Agreement. Without limiting the rights
and remedies available to the City under any other provision of this Agreement, failure of the
Contractor to cure such default within ten (10) days of notice shall be grounds upon which
the City may suspend or terminate this Agreement pursuant to the County's Defaulted
Property Tax Reduction Program found at County Ordinance No. 2009-0026 and codified at
County Code Chapter 2.206. Additionally, failure of the Contractor to comply with the
provisions of the County Ordinance may prevent the Contractor from being awarded a new
contract by the City.
01203.0006/300347.1 B-4
A-40
Community Development Commission
County of Los Angeles
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031
CERTIFICATION
Name of Firm:
Address:
State: Zip Code: Telephone Number ( )
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:
By:
(Contractor/Subcontractor) (Signature)
(Date) (Title)
01203.0006/300347.1 B-5
A-41
FEDERAL LOBBYIST REQUIREMENTS
CERTIFICATION
Name of Firm: Date:
Address:
State: Zip Code: Phone No.:
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
01203.0006/300347.1 B-6
A-42
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: Title:
Signature: Date:
01203.0006/300347.1 B-7
A-43
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of
Contractor’s Proposal, and listed below:
ITEM
NO. DESCRIPTION UNIT ESTIMATED
QUANTITY Unit Extended
1 Mobilization including Construction
Surveying LS 1 $ 12,855.00 $ 12,855.00
2 Best Management Practices (BMPs) LS 1 $ 1,000.00 $ 1,000.00
3 Clearing and Grubbing LS 1 $ 12,000.00 $ 12,000.00
4 Remove Existing and Construct 4" PCC Sidewalk SF 300 $ 16.00 $ 4,800.00
5
Remove Existing and Construct PCC Curb Access Ramp With 3' x 4' Truncated Dome Surface, Curb & Gutter over 3" CMB and AC Slot Patch
EA 5 $ 5,000.00 $ 25,000.00
6
Remove Existing and Construct PCC Curb Access Ramp With 3' x 4' Truncated Dome Surface, including Spandrel, Curb & Gutter
over 3" CMB and AC Slot Patch
EA 6 $ 9,000.00 $ 54,000.00
7 (D) Construct PCC Cross Gutter SF 143 $ 15.00 $ 2,145.00
8 Remove Existing Striping and Reflective
Markers LS 1 $ 4,000.00 $ 4,000.00
9 Apply Striping and Markings LS 1 $ 8,000.00 $ 8,000.00
TOTAL $ 123,800.00
I. A retention of five percent (5%) shall be held from each payment as a contract retention to be
paid as part of the final payment upon satisfactory completion of services.
II. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the
Contract Officer, funds may be shifted from one item’s subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per
Section 1.10.
III. The City will compensate Contractor for the Services performed upon submission of a valid
invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked,
and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
01203.0006/300347.1 C-1
A-44
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $123,800 as provided in Section 2.1
of this Agreement.
01203.0006/300347.1 C-2
A-45
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
A. Execution of Agreement – Contractor shall execute the Agreement, and return
to the City for execution by the City, accompanied by the bonds and evidence of
insurance required by the bid documents, within fifteen (15) calendar days from
the date of mailing of the written notice to Contractor of award of the project.
B. Pre-Construction Meeting – The Contractor shall attend a pre-construction
meeting with the Director of Public Works or his authorized representative,
within fifteen (15) calendar days of the Agreement’s execution.
C. Work Schedule and Notice To Proceed – Within seven (7) days after the pre-
construction meeting, Contractor shall supply the City with all project submittals
setting forth a schedule for Contractor’s performance of the work.. City shall
issue the Notice to Proceed at any time after. City shall not issue a Notice to
Proceed until it has received a work schedule to the satisfaction of the City. The
work schedule approved by the City shall be incorporated into this Agreement as
though set forth in full herein.
D. Completion of Work– All work shall be completed by the Contractor within
forty-five (45) working days following the date indicated on the Notice to
Proceed.
II. Contractor shall deliver the following tangible work products to the City by the
following dates.
A. Daily Reports will be delivered to the City weekly. Daily Reports must be
delivered and accepted prior to any progress payment up until the date that work
is being invoiced for.
B. Certified payroll will be delivered to the City biweekly. Certified payroll must be
delivered and accepted prior to any progress payment up until the date that work
is being invoiced for.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01203.0006/300347.1 D-1
A-46
PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the work
entitled and described as follows:__________________________________________________;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond
for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
($______________), this amount being not less than one hundred percent (100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay
a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound
Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand
and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and
agreements in the said Contract and any alteration thereof, made as therein provided, all within
the time and in the manner designated and in all respects according to their true intent and
meaning, then this obligation shall become null and void; otherwise it shall be and remain in full
force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the Contract Documents or of the work
to be performed thereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of such change, extension of time, alteration, or modification of the Contract
Documents or of the work to be performed thereunder.
Executed on 20___.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
01203.0006/300347.1 A-47
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service of
process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do
business in and have an agent for service of process in California. Certified copy of Power of
Attorney must be attached.
01203.0006/300347.1 A-48
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the work
entitled and described as follows:__________________________________________________;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said
Contract, to secure the payment of claims of laborers, mechanics, material men, and other
persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
($______________), this amount being not less than one hundred percent (100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay
a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its
heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any
work, materials, services, provisions, provender, or other supplies, or for the use of implements
of machinery, used in, upon, for, or about the performance of the work to be done, or for any
work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil
Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with
respect to work or labor performed under the contract; and/or (4) for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such work and labor, then the Surety herein will
pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above
obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section
9100 so as to give a right of action to such persons or their assigns in any suit brought upon the
bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required
to engage the services of an attorney in connection with the enforcement of this bond, each shall be
liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration, or modification of the Contract Documents or of the work to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of
such change, extension of time, alteration, or modification of the Contract Documents or of the
work to be performed thereunder.
A-49
Executed on , 20____.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service of process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment) SURETY
By (Attorney-in-Fact) APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do
business in and have an agent for service of process in California. Certified copy of Power of
Attorney must be attached.
A-50
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Rancho Palos Verdes
Project: _____________________________________________
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in
conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a
form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to
any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
01203.0006/300347.1 A-51
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate
holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed
herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated,
notwithstanding any requirement, term, or condition of any contract or other document with respect
to which this certificate may be issued or may pertain, the insurance afforded by the policy described
herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for
is provided by more than one insurance company, a separate certificate in the exact above form shall
be provided for each insurance company.
01203.0006/300347.1 A-52
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
“Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the
written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change
in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after
written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior
to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent
active or passive negligence by the Additional Insureds.
01203.0006/300347.1 A-53
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California
90275.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage
□ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $
applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of
Policy Number .
(signatures on following page)
01203.0006/300347.1 A-54
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01203.0006/300347.1 A-55
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
“Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the
written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change
in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after
written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior
to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent
active or passive negligence by the Additional Insureds.
01203.0006/300347.1 A-56
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $
applies to all coverage(s) except: (if none, so state). The deductible is applicable □
per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number .
(signatures on following page)
01203.0006/300347.1 A-57
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01203.0006/300347.1 A-58
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
“Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change
in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after
written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior
to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
01203.0006/300347.1 A-59
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
13. A □ deductible or □ self-insured retention (check one) of $
applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number .
(signatures on following page)
01203.0006/300347.1 A-60
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01203.0006/300347.1 A-61
CITY OF RANCHO PALOS VERDES
CONTRACT SERVICES AGREEMENT FOR
INSPECTION SERVICES FOR ADA ACCESS IMPROVEMENTS
CROSSWALKS IN AREA 1
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and
entered into this 19th day of February, 2019, by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and SUNBEAM CONSULTING, INC., a
California corporation (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1.SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the “Scope of
Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant
warrants that it has the experience and ability to perform all work and services required
hereunder and that it shall diligently perform such work and services in a professional and
satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any “public
work” or “maintenance work,” as those terms are defined in California Labor Code section 1720
et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total
compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and
comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq.,
and all other applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its
sole cost and expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by the Agreement.
1.5 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the “Special Requirements”
attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a
conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the
provisions of Exhibit “B” shall govern.
2.COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the “Schedule of Compensation” attached
hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum
contract amount of Seven-Thousand Six-Hundred Eighty Dollars ($7,680) (“Contract Sum”).
01135.0006/525876.1 1 B-1
2.2 Invoices. Each month Consultant shall furnish to City an original invoice
for all work performed and expenses incurred during the preceding month in a form approved by
City’s Director of Finance. By submitting an invoice for payment under this Agreement,
Consultant is certifying compliance with all provisions of the Agreement. The invoice shall
detail charges for all necessary and actual expenses by the following categories: labor (by sub-
category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor
charges shall also be detailed by such categories. Consultant shall not invoice City for any
duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however,
Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot
guarantee that payment will occur within this time period. In the event any charges or expenses
are disputed by City, the original invoice shall be returned by City to Consultant for correction
and resubmission. Review and payment by the City of any invoice provided by the Consultant
shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to or deducting from
said work. No such extra work may be undertaken unless a written order is first given by the
Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum
for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Consultant. Any increase in compensation
of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five
Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved
by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Consultant shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the “Schedule of Performance” attached hereto
as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public
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enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Consultant shall within ten (10) days of the commencement of such
delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services for the
period of the enforced delay when and if in the judgment of the Contract Officer such delay is
justified. The Contract Officer’s determination shall be final and conclusive upon the parties to
this Agreement. In no event shall Consultant be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Consultant’s sole remedy
being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding 1 years from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for 5
additional one-year terms.]
4. COORDINATION OF WORK
4.1 Representative of Consultant. Jim Pugh is hereby designated as being
the representative of Consultant authorized to act on its behalf with respect to the work and
services specified herein and make all decisions in connection therewith. All personnel of
Consultant and any authorized agents shall be under the exclusive direction of the representative
of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to
this Agreement. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. Elias Sassoon, Director of Public Works, and Ron
Dragoo, Principal/City Engineer, are hereby designated as being the representatives the City
authorized to act in its behalf with respect to the work and services specified herein and to make
all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents or employees,
perform the services required herein, except as otherwise set forth. Consultant shall perform all
services required herein as an independent contractor of City with only such obligations as are
consistent with that role. Consultant shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City, or that it is a member of a joint
enterprise with City.
5. INSURANCE AND INDEMNIFICATION
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01135.0006/525876.1 B-3
5.1 Insurance Coverages. Without limiting Consultant’s indemnification of
City, and prior to commencement of any services under this Agreement, Consultant shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO “insured contract” language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
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01135.0006/525876.1 B-4
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or
be endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
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01135.0006/525876.1 B-5
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to
indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified
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01135.0006/525876.1 B-6
Parties”) against, and will hold and save them and each of them harmless from, any and all
actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or
property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or
threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or
entity arising out of or in connection with the negligent performance of the work, operations or
activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees,
or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from
Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or
indemnitors’ negligent performance of or failure to perform any term, provision, covenant or
condition of this Agreement, except claims or liabilities occurring as a result of City’s sole
negligence or willful acts or omissions. The indemnity obligation shall be binding on successors
and assigns of Consultant and shall survive termination of this Agreement.
5.4 RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.5 Records. Consultant shall keep, and require subcontractors to keep, such
ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other
documents relating to the disbursements charged to City and services performed hereunder (the
“books and records”), as shall be necessary to perform the services required by this Agreement
and enable the Contract Officer to evaluate the performance of such services and shall keep such
records for a period of three years following completion of the services hereunder. The Contract
Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and
transcripts from such records.
5.6 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement or as
the Contract Officer shall require.
5.7 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than the City without prior written
authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract
Officer or unless requested by the City Attorney, voluntarily provide documents, declarations,
letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement. Response to a subpoena or court order
shall not be considered “voluntary” provided Consultant gives the City notice of such court order
or subpoena.
(c) If Consultant provides any information or work product in violation of this
Agreement, then the City shall have the right to reimbursement and indemnity from Consultant
for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of
Consultant’s conduct.
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(d) Consultant shall promptly notify the City should Consultant be served
with any summons, complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court order or subpoena from
any party regarding this Agreement and the work performed thereunder. The City retains the
right, but has no obligation, to represent Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City
with the opportunity to review any response to discovery requests provided by Consultant.
5.8 Ownership of Documents. All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the “documents and materials”) prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by the City of its
full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant with respect to any documents and materials that may qualify as “works
made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed
“works made for hire” for the City.
6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law. This Agreement shall be interpreted, construed and
governed both as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles,
State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in the County of Los Angeles, State of California.
6.2 Disputes; Default. In the event that Consultant is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Consultant for any work performed after the date of default. Instead, the City may give notice to
Consultant of the default and the reasons for the default. The notice shall include the timeframe
in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but
may be extended, if circumstances warrant. During the period of time that Consultant is in
default, the City shall hold all invoices and shall, when the default is cured, proceed with
payment on the invoices. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article.
6.3 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory
claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any
legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
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different times, of any other rights or remedies for the same default or any other default by the
other party.
6.4 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Contract except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Contract at any time, with or
without cause, upon thirty (30) days’ written notice to Consultant, except that where termination
is due to the fault of the Consultant, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, the Consultant reserves the right to terminate
this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City,
except that where termination is due to the fault of the City, the period of notice may be such
shorter time as the Consultant may determine. Upon receipt of any notice of termination,
Consultant shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Consultant has initiated termination, the
Consultant shall be entitled to compensation for all services rendered prior to the effective date
of the notice of termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the Contract
Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder, but
not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit
“C”. In the event of termination without cause pursuant to this Section, the terminating party
need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
6.5 Termination for Default of Consultant. If termination is due to the
failure of the Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over the work and prosecute the same to
completion by contract or otherwise, and the Consultant shall be liable to the extent that the total
cost for completion of the services required hereunder exceeds the compensation herein
stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City
may withhold any payments to the Consultant for the purpose of set-off or partial payment of the
amounts owed the City as previously stated.
7. MISCELLANEOUS
7.1 Covenant Against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of persons on account of
race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin,
ancestry, or other protected class in the performance of this Agreement. Consultant shall take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, gender, sexual orientation,
marital status, national origin, ancestry, or other protected class
7.2 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Consultant, or any successor in interest, in the event of
any default or breach by the City or for any amount, which may become due to the Consultant or
to its successor, or for breach of any obligation of the terms of this Agreement.
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7.3 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer (with her/his name and
City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the
case of the Consultant, to the person(s) at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
7.4 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. This Agreement
may be amended at any time by the mutual consent of the parties by an instrument in writing.
7.5 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the
parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
7.6 Waiver. No delay or omission in the exercise of any right or remedy by
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party’s consent to or approval of any act by the other party requiring the party’s
consent or approval shall not be deemed to waive or render unnecessary the other party’s consent
to or approval of any subsequent act. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other provision
of this Agreement.
7.7 Attorneys’ Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees,
whether or not the matter proceeds to judgment.
7.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
7.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
10
01135.0006/525876.1 B-10
7.10 Warranty & Representation of Non-Collusion. No official, officer, or
employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any
official, officer, or employee of City participate in any decision relating to this Agreement which
may affect his/her financial interest or the financial interest of any corporation, partnership, or
association in which (s)he is directly or indirectly interested, or in violation of any corporation,
partnership, or association in which (s)he is directly or indirectly interested, or in violation of any
State or municipal statute or regulation. The determination of “financial interest” shall be
consistent with State law and shall not include interests found to be “remote” or “noninterests”
pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that
it has not paid or given, and will not pay or give, to any third party including, but not limited to,
any City official, officer, or employee, any money, consideration, or other thing of value as a
result or consequence of obtaining or being awarded any agreement. Consultant further warrants
and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or
collusion that would result in the payment of any money, consideration, or other thing of value to
any third party including, but not limited to, any City official, officer, or employee, as a result of
consequence of obtaining or being awarded any agreement. Consultant is aware of and
understands that any such act(s), omission(s) or other conduct resulting in such payment of
money, consideration, or other thing of value will render this Agreement void and of no force or
effect.
Consultant’s Authorized Initials _______
7.11 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound. This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the parties.
[Signatures On The Following Page]
11
01135.0006/525876.1 B-11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
City Attorney
CONSULTANT:
SUNBEAM CONSULTING, INC.
By:
Name:
Title:
By:
Name:
Title:
Address: 1817 Josie Avenue
Long Beach, CA 90815
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.
12
01135.0006/525876.1 B-12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2019 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
01135.0006/525876.1
B-13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2019 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
01135.0006/525876.1
B-14
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will provide inspection services for ADA access improvements for the
crosswalks in Area 1, as follows:
A. Inspection Services
1. Ensure that the installation complies with all requirements;
2. Photograph conditions and activities throughout the project;
3. Liaison with City Staff to keep them fully abreast of all aspects of the project;
4. Monitor the work as its installed; documenting the activities, progress and all
other relevant information;
5. Producing daily inspection reports;
6. Monitor traffic and pedestrian controls and safety precautions the contractor uses.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Daily Inspection Reports
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City updated of the status of performance by delivering the
following status reports:
NOT APPLICABLE
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Jim Pugh, Inspector
B. John Collins, Inspector
01135.0006/525876.1 A-1
B-15
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text in strikethrough.
I. Section 5.5, Records, is amended to read:
5.5 Records. Consultant shall keep, and require subcontractors to keep, such ledgers,
books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents
relating to the disbursements charged to City and services performed hereunder (the “books and
records”), as shall be necessary to perform the services required by this Agreement and enable
the Contract Officer to evaluate the performance of such services and shall keep such records for
a period of three five years following completion of the services hereunder. The Contract Officer
shall have full and free access to such books and records at all times during normal business
hours of City, including the right to inspect, copy, audit and make records and transcripts from
such records.
II. Section 7.12 is added as follows:
7.2 CDBG Provisions. This Agreement is subject to the rules and regulations
governing the use of Community Development Block Grants, as articulated in Exhibit B-1,
attached hereto and incorporated herein by reference.
01135.0006/525876.1 B-4
B-16
EXHIBIT “B - 1”
CDBG-FUNDED CONTRACT REQUIREMENTS, PROVISIONS & CLAUSES
1. AUDIT OR EXAMINATION: Consultant/Contractor shall keep all records of funds received
from City and make them accessible for audit or examination for a period of five (5) years after
final payments are issued and other pending matters are closed. [Los Angeles County Auditor-
Controller Contract Accounting and Administration Handbook, Section 3.1]
2. CONFLICT OF INTEREST: In the procurement of supplies, equipment, construction, and
services by sub-recipients, the conflict of interest provisions in 2 CFR Part 200.318(c)(1)(2) shall
apply. No employee, officer or agent of the sub-recipient shall participate in selection, or in the
award or administration of a contract supported by Federal funds if a conflict of interest, real or
apparent, would be involved.
3. POLITICAL ACTIVITY/LOBBYING CERTIFICATION: Consultant/Contractor shall
not conduct any political activity or lobbying, including making any payment to any person,
officer, or employee of any agency or member of Congress in connection with the awarding of
any federal contract, grant, or loan, intended to influence legislation, administrative rule-making
or the election of candidates for public office during time compensated for under representation
that such activity is being performed as a part of the contract responsibility.
4. COUNTY LOBBY CERTIFICATION: Consultant certifies that (1) it is familiar with the
requirements of Chapter 2.160 of the Los Angeles County Code (Los Angeles County Ordinance
93-0031), (2) all persons/entity/firms acting on behalf of Consultant have and will comply with
the Chapter 2.160 of County Code, and; (3) it will be (1) disqualified from seeking contracts with
the Community Development Commission, (2) denied contracts with the Community
Development Commission, and (3) liable in civil action, if any lobbyist, lobbying firm, lobbyist
employer or any other person or entity acting on behalf of Consultant fails to comply with the
provisions of Chapter 2.160 of the County Code.
5. FEDERAL LOBBYING CERTIFICATION: Consultant/Contractor certifies that it is
familiar with the requirements of Section 1352 of Title 31 of the United States Code.
6. NON-DISCRIMINATION: Pursuant to Executive Order 11246, during the performance of
this Agreement, Consultant shall not to discriminate against any employee or applicant for
employment because of race, religion, sex, color, or national origin. Consultant will take
affirmative action to ensure that applicants are employed, and that employees are treated during
01135.0006/525876.1 B-5
B-17
employment, without regard to their race, religion, sex, color, or national origin. Such action
shall include, but not be limited to, the following: employment upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Consultant shall post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by Consultant setting forth the provisions of this nondiscrimination clause.
7. SECTION 3 REQUIREMENTS: Pursuant to Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701 et seq., and to the greatest extent
feasible, Consultant shall provide opportunities for training low-and moderate-income City
residents and award contracts to local City businesses.
8. CIVIL RIGHTS ACT OF 1964: Pursuant to Title VI of the Civil Rights Act of 1964,
Consultant shall not, on the basis of race, color, or national origin, exclude any person from
participation in, deny any person the benefits of, or subject any person to discrimination under
any program or activity receiving Federal financial assistance, including this Agreement.
9. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974: Pursuant to Section
109 of Title I of the Housing and Community Development Act of 1974, Consultant shall not, on
the basis of race, color, national origin, or sex, exclude any person from participation in, deny
any person the benefits of, or subject any person to discrimination under any program or activity
funded in whole or in part with funds made available under Title I, including this Agreement.
10. PROHIBITION OF AGE DISCRIMINATION: Pursuant to Section 504 of the
Rehabilitation Act of 1973, Consultant shall not discriminate on the basis of age under the Age
Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, in
the performance of this Agreement.
11. COPELAND ACT: Requires all contractors and subcontractors to submit weekly payroll
reports. It is a criminal offense for any person to persuade any other person employed on a
federally funded project into giving up any part of their salary to which they are entitled under
their contract of employment.
12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (CWHSSA): All
over-time hours worked in excess of 40 hours during any workweek must be paid at the rate of
one and one half the times of the regular basic hourly rate of pay, plus fringe benefits for each
hour or partial hour worked.
13. CONTRACTING WITH SMALL AND MINORITY OWNED FIRMS, WOMEN’S
BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS: It is policy to award
a fair share of contracts to Small Business and Minority Firms. Accordingly, affirmative steps
must be taken to assure that Small Business and Minority Owned Firms are utilized, when
possible, as sources of supplies, equipment, construction and services.
01135.0006/525876.1 B-5
B-18
14. CLEAN AIR AND WATER ACTS: Contractors with Federally-assisted construction
contracts of $100,000 or more must comply, and ensure all sub-contractors comply, with the
requirements regulated by the Environmental Protection Agency.
15. TERMINATION: This Agreement may be terminated as provided in Section 3.4.1. [2
C.F.R. Part 200, Appendix II, (B).
16. SOURCE OF FUNDS: This Agreement is funded in whole or in part with Community
Development Block Grant (CDBG) funds.
01135.0006/525876.1 B-5
B-19
Community Development Commission
County of Los Angeles
______________________________________
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031
CERTIFICATION
Name of Firm: ________________________________________________________________________
Address:
_____________________________________________________________________________
State: __________ Zip Code: ___________ Telephone Number: ( ) __________________
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
01135.0006/525876.1 B-5
B-20
Commission, County of Los Angeles.
Authorized Official:
______________________________ By: _____________________________________
(Contractor/Subcontractor) (Signature)
_______________________________ _____________________________________
(Date) (Title)
01135.0006/525876.1 B-5
B-21
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services at the following rates.
TASK RATE TIME SUB-BUDGET
Inspection
services
$128/hour 60 hours $7,680
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as a part of the final payment upon satisfactory completion of
services.
NOT APPLICABLE
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 2.3.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the
hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1.
NOT APPLICABLE
C-1
01135.0006/525876.1 B-22
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule to be
developed by Consultant and subject to the written approval of the Contract Officer
and the City Attorney’s office.
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Daily Reports – Weekly, the following Monday
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
D-1
01135.0006/525876.1 B-23
C-1
C-2
C-3
Community Development Commission
County of Los Angeles
Project Description and Activity Budget
Contract No.Version
PROJECT
Title:
Project No:Organization
Name:
Type:
Funding Period:To:
CDC Program Mgr:Jurisdiction:
Eligibility Summary
Funding Source:
HUD Code:
Eligibility Citation:
National Objective:
Nat. Objective Citation:
Est. Accomplishments:Performance Indicator:
Activity Summary
Project Administration
Micheal Neal, CDBG Consultant
3760 Kilroy Airport Way, Suite 270
Long Beach, CA 90806
Phone: (909) 261-2770
Email: mneal@mbakerintl.com
109869 3
601877-17
ADA Access Improvements –
Crosswalks in Area 1
City of Rancho Palos Verdes
Participating City
Jeffrey Badre
7/1/2017 6/30/2019
CDBG
03L
570.201(c)
LMC
570.208(a)(2)
568 People (General)
Rancho Palos Verdes
Sidewalks
(ii)(A)
OPERATING AGENCY
Special Conditions
This new project provides for the removal or relocation of approximately twelve (12) sidewalk
curb barriers at approximately six (6) crosswalk intersections throughout the City and replacement
with access curb ramps conforming to Americans with Disabilities Act (ADA) standards. The
activity locations are: Grayslake Road at Groveoak Place, Clint Place, Waukesha Place, and
Finecrest Drive; Basswood Avenue at Ironwood Street; and Barkstone Drive at Ironwood Street.
This project is 100% CDBG funded
CDBG funds are used for non-personnel and capital outlays.
Los Angeles County Community Development Commission Exhibit A
Project No:Version:601877-17 3 D-1
Los Angeles County Community Development Commission Exhibit A
CONSTRUCTION CONTRACT AND PREVAILING WAGE LABOR COMPLIANCE: Failure to
perform the following minimum requirements will result in findings that may create a monetary
liability to the Operating Agency that includes, but is not limited to, disallowance of costs,
suspension of funds, and termination of this contract. Read the following carefully before starting
the procurement process. Contact your CDC Program Manager with questions and refer to the
online Construction Compliance Guidelines for detailed guidance to help your Operating Agency to
successfully meet the contract and labor compliance requirements on this project.
CONSTRUCTION CONTRACT: The Operating Agency shall:
-Submit Bid Specifications for CDC review and acceptance prior to advertising the Notice Inviting
Bids;
-Verify bidder’s eligibility to receive federal funds through the Federal online system prior to
awarding a contract; and
-Send a Notice of Contract Award letter to the U.S. Department of Labor (DOL) Office of Federal
Contract Compliance Programs (OFCCP) within 10 workdays of the contract award date.
PREVAILING WAGE LABOR COMPLIANCE: Federal Prevailing Wage requirements of the
Davis-Bacon and Related Acts (DBRA) and the Federal Labor Standards Provisions (FLSP) apply to
all public works construction funded with federal dollars. In the event of a labor dispute between
Federal and State prevailing wage, the higher of the two will prevail. The Operating Agency shall
proactively administer, monitor and enforce these provisions and make maintain a Labor Standards
Enforcement File for each contractor, sub-contractor, and lower-tier contractor working at the
project site. This File must clearly document that the Operating Agency monitored the project site
on a continuous basis, conducted Employee Field Interviews with workers, reconciled the Interview
forms with the applicable weekly Certified Payroll Report, notified the contractor of any labor
deficiencies, and resolved any violations in a timely manner.
The Operating Agency shall:
-Notify the CDC Program Manager within 10 calendar days of the date of the discovery of any
underpayment; and
-Request a Contract and Labor Compliance File Review by CDC Program Manager within 10
workdays of the completion of construction.
CDC 5-PERCENT RETENTION: To allow for the availability of funds to remedy monetary
liabilities resulting from the Operating Agency’s construction contractor’s violation(s) of the Davis-
Bacon and Related Acts (DBRA) and/or the Federal Labor Standards Provisions (FLSP), the
Operating Agency must withhold 5% of the funding request cost reimbursements. This will be
documented on the CDBG Funding Requests by reporting 100% of the costs and including a line
item credit identified as “Retention” for 5% of the requested costs for reimbursement. This will
result in the CDC reimbursing 95% of the costs paid by the Operating Agency reported on each
funding request. Upon the completion of a CDC review of the Labor Standards Enforcement Files
and issuance of the final clearance letter, the Operating Agency may request the withheld retention.
To initiate the file review, the Operating Agency must submit a completed Request for File Review
Form (and attachments) to the assigned CDC Program Manager within 10 workdays of the
completion of construction.
Project No:Version:601877-17 3 D-2
Los Angeles County Community Development Commission Exhibit A
None.
Funding Summary
Contracted Services/Subrecipients
CDBG are used for a CDBG consultant to provide direct project-related administrative services,
design and engineering, and for a construction contractor.
Service Area
None.
Program Management Mitigation Conditions
Environmental Mitigation Conditions
CDC 5-PERCENT RETENTION: To allow for the availability of funds to remedy monetaryliabilities resulting from the Operating Agency’s construction contractor’s violation(s) of the Davis-Bacon and Related Acts (DBRA) and/or the Federal Labor Standards Provisions (FLSP), theOperating Agency must withhold 5% of the funding request cost reimbursements. This will bedocumented on the CDBG Funding Requests by reporting 100% of the costs and including a lineitem credit identified as “Retention” for 5% of the requested costs for reimbursement. This willresult in the CDC reimbursing 95% of the costs paid by the Operating Agency reported on eachfunding request. Upon the completion of a CDC review of the Labor Standards Enforcement Filesand issuance of the final clearance letter, the Operating Agency may request the withheld retention.To initiate the file review, the Operating Agency must submit a completed Request for File Review
Form (and attachments) to the assigned CDC Program Manager within 10 workdays of the
completion of construction.
Cost Category Amount
Uncategorized $230,051.00
Total $230,051.00
Implementation Schedule
Phase Scheduled
Bid Document Submission 11/16/2018
Bid Document Acceptance 11/27/2018
Bid Opening 12/20/2018
Contract Award 1/15/2019
Construction Completed 3/22/2019
Location
Name:Rancho Palos Verdes City Hall
Address:
City:
30940 Hawthorne Blvd
Rancho Palos Verdes Zip:90275
Region Population Low/Mod Pop
6704.11 BG 1 Rancho Palos Verdes 1,040 128
6704.11 BG 2 Rancho Palos Verdes 2,090 315
Grand Total:3,130 44314.15% Low/Mod
Project No:Version:601877-17 3 D-3
Community Development Commission
County of Los Angeles
Project Description and Activity Budget
Contract No.Version
PROJECT
Title:
Project No:Organization
Name:
Type:
Funding Period:To:
CDC Program Mgr:Jurisdiction:
Eligibility Summary
Funding Source:
HUD Code:
Eligibility Citation:
National Objective:
Nat. Objective Citation:
Est. Accomplishments:Performance Indicator:
Activity Summary
Project Administration
Lauren Ramezani, Senior Administative Analyst
City of Rancho Palos Verdes
30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275-59391
Phone: (310) 544-5245
Fax: (310) 544-5292
Email: LaurenR@rpvca.gov
109712 0
601974-18
ADA Access Improvements -
Crosswalks in Area 9
City of Rancho Palos Verdes
Participating City
Jeffrey Badre
7/1/2018 6/30/2019
CDBG
03L
570.201(c)
LMC
570.208(a)(2)
4140 People (General)
Rancho Palos Verdes
Sidewalks
(ii)(A)
OPERATING AGENCY
Special Conditions
This new project provides for the removal of architectural and materials barriers through the
removal of approximately ten (10) sidewalk curb barriers and construction of curb ramps
conforming to Americans with Disabilities Act (ADA) standards at certain crosswalk locations
within Area 9 in the City.
The activity locations are Pontevedra Drive at Valleta Drive and Delasonde Drive and Delasonde
Drive at Valleta Drive and Gallerita Drive. This project is 100% CDBG funded.
CDBG funds are used for non-personnel and capital outlays.
Los Angeles County Community Development Commission Exhibit A
Project No:Version:601974-18 0
E-1
Los Angeles County Community Development Commission Exhibit A
CONSTRUCTION CONTRACT AND PREVAILING WAGE LABOR COMPLIANCE: Failure to
perform the following minimum requirements will result in findings that may create a monetary
liability to the Operating Agency that includes, but is not limited to, disallowance of costs,
suspension of funds, and termination of this contract. Read the following carefully before starting
the procurement process. Contact your CDC Program Manager with questions and refer to the
online Construction Compliance Guidelines for detailed guidance to help your Operating Agency to
successfully meet the contract and labor compliance requirements on this project.
CONSTRUCTION CONTRACT: The Operating Agency shall:
-Submit Bid Specifications for CDC review and acceptance prior to advertising the Notice Inviting
Bids;
-Verify bidder’s eligibility to receive federal funds through the Federal online system prior to
awarding a contract; and
-Send a Notice of Contract Award letter to the U.S. Department of Labor (DOL) Office of Federal
Contract Compliance Programs (OFCCP) within 10 workdays of the contract award date.
PREVAILING WAGE LABOR COMPLIANCE: Federal Prevailing Wage requirements of the
Davis-Bacon and Related Acts (DBRA) and the Federal Labor Standards Provisions (FLSP) apply to
all public works construction funded with federal dollars. In the event of a labor dispute between
Federal and State prevailing wage, the higher of the two will prevail. The Operating Agency shall
proactively administer, monitor and enforce these provisions and make maintain a Labor Standards
Enforcement File for each contractor, sub-contractor, and lower-tier contractor working at the
project site. This File must clearly document that the Operating Agency monitored the project site
on a continuous basis, conducted Employee Field Interviews with workers, reconciled the Interview
forms with the applicable weekly Certified Payroll Report, notified the contractor of any labor
deficiencies, and resolved any violations in a timely manner.
The Operating Agency shall:
-Notify the CDC Program Manager within 10 calendar days of the date of the discovery of any
underpayment; and
-Request a Contract and Labor Compliance File Review by CDC Program Manager within 10
workdays of the completion of construction.
CDC 5-PERCENT RETENTION: To allow for the availability of funds to remedy monetary
liabilities resulting from the Operating Agency’s construction contractor’s violation(s) of the Davis-
Bacon and Related Acts (DBRA) and/or the Federal Labor Standards Provisions (FLSP), the
Operating Agency must withhold 5% of the funding request cost reimbursements. This will be
documented on the CDBG Funding Requests by reporting 100% of the costs and including a line
item credit identified as “Retention” for 5% of the requested costs for reimbursement. This will
result in the CDC reimbursing 95% of the costs paid by the Operating Agency reported on each
funding request. Upon the completion of a CDC review of the Labor Standards Enforcement Files
and issuance of the final clearance letter, the Operating Agency may request the withheld retention.
To initiate the file review, the Operating Agency must submit a completed Request for File Review
Form (and attachments) to the assigned CDC Program Manager within 10 workdays of the
Project No:Version:601974-18 0
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Los Angeles County Community Development Commission Exhibit A
None.
Funding Summary
Contracted Services/Subrecipients
The City will contract a CDBG consultant to provide direct project-related administrative services,
design and engineering, construction management, and a construction contractor.
Service Area
None.
Program Management Mitigation Conditions
Environmental Mitigation Conditions
completion of construction.
Cost Category Amount
Uncategorized $149,582.00
Total $149,582.00
Implementation Schedule
Phase Scheduled
DBRA & Section 3
Requires DBRA:
Requires Section 3:
Yes
No
Project File ReviewLabor Standards Compliance Review:
Bid Document Submission 12/7/2018
Bid Document Acceptance 12/14/2018
Bid Opening 1/11/2019
Contract Award 2/22/2019
Construction Completed 5/24/2019
Location
Name:Rancho Palos Verdes City Hall
Address:
City:
30940 Hawthorne Blvd
Rancho Palos Verdes
Region Population Low/Mod Pop
6707.01 BG 1 Rancho Palos Verdes 1,282 482
6707.01 BG 2 Rancho Palos Verdes 1,740 320
Project No:Version:601974-18 0
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Los Angeles County Community Development Commission Exhibit A
Grand Total:3,022 80226.54% Low/Mod
Project No:Version:601974-18 0
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