CC SR 20240702 F - DigAlert Utility Locate Response
CITY COUNCIL MEETING DATE: 07/02/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a professional services agreement to National
Utility Locators, LLC to provide services to respond to Underground Service Alert of
Southern California (DigAlert) requests.
RECOMMENDED COUNCIL ACTION:
(1) Award a professional services agreement to National Utility Locators, LLC . to
provide services to respond to Underground Service Alert of Southern California
(DigAlert) requests, in the amount of $42,000 plus a 15% contingency of $6,300
for a sum of $48,300, for a one-year term with a two-year extension option; and,
(2) Authorize the Mayor to execute the agreement in a form approved by the City
Attorney.
FISCAL IMPACT: The recommended City Council action will result in an expenditure
of up to $48,300, which is included in the City Council adopted FY 2024-25 operating
budget. VR
Amount Budgeted: $50,000
Additional Appropriation: N/A
Account Number(s): 101-400-3110-5101 VR
(General Fund – Public Works Admin – Prof & Tech)
ORIGINATED BY: Ramzi Awwad, Public Works Director
REVIEWED BY: Same as above
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement with National Utility Locators (page A-1)
B. Proposal from National Utility Locators (page B-1)
C. Request for Proposals for Underground Utility Service Alert of Southern
California response services (page C-1)
BACKGROUND:
Underground Service Alert of Southern California, also known as DigAlert, provides
services to the public for information on the location of underground utilities to allow for
safe excavation. DigAlert was formed in 1976 in response to a deadly accident that
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occurred in Southern California. Since that time, DigAlert has been serving nine Southern
California counties and it has become California law for excavators to contact
DigAlert prior to breaking ground. Both excavators and utility members have
responsibilities as dictated by the law, summarized below:
Excavators must:
• Delineate or pre-mark their work area in white (paint, chalk, flags, etc.).
• Contact DigAlert and give at least two working days prior to excavating (not
including the date of notification).
• Hand dig to expose utility lines to the point of no conflict within the tolerance zone.
Utility members must:
• Mark or locate their lines within two working days prior to the start of excavation
(not including the date of notification).
• Use the APWA color codes to mark their facilities.
• Be accurate to within 24 inches either side of the buried utility (tolerance zone).
Because the City owns and operates subsurface utilities; including a storm drain system,
sanitary sewer system in Abalone Cove, and several traffic signals which include
underground conduit, the City is considered a utility member. The City currently receives
approximately 100-200 tickets per month from DigAlert, all of which require an Electronic
Positive Response (EPR), according to State law. Failure to provide an EPR for each
required ticket is a violation of California Government Code 4216. In this same law,
DigAlert is required to report to the Underground Safe Excavation Board every member
that fails to provide an EPR, which could result in financial penalties to the City.
DISCUSSION:
The Public Works Department solicited proposals from qualified contractors in order to
respond to DigAlert tickets and be in compliance with the law.
On February 29, 2024, City staff issued a request for proposals (RFP) for DigAlert
response services for all City-owned subsurface utilities. The scope of services in the
RFP generally consists of receiving, recording, and responding to DigAlert tickets. The
response may include mobilizing to the excavation site and marking utilities, when
necessary. The vendor will be required to respond to all requests within the legally
required timeframe, and provide monthly reports to the City.
Proposals were received from three firms by the RFP deadline, and an evaluation panel
of Staff members ranked the proposals and then interviewed each firm. At the conclusion
of the interviews, National Utility Locators, LLC (NUL) was the highest ranked firm and
Staff negotiated a fee with NUL to provide the services specified in the scope.
Staff recommends awarding a professional services agreement (PSA) to NUL to provide
services to respond to DigAlert requests, in the amount of $4 2,000 plus a 15%
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contingency of $6,300 for a sum of $48,300. The PSA includes an optional two-year
extension upon mutual consent.
CONCLUSION:
Staff recommends the City Council approve an agreement with National Utility Locators,
LLC in the amount of $42,000 with a contingency of 15%, or $6,300, for a sum of $48,300,
to provide underground utility locating services, for a one-year term, with an option to
renew the agreement for up to an additional two years upon mutual consent.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative action s are available for the
City Council’s consideration:
1. Re-solicit proposals for DigAlert response services.
2. Take other action or provide direction, as deemed appropriate.
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PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
NATIONAL UTILITY LOCATORS
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
NATIONAL UTILITY LOCATORS
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made
and entered into on July 2, 2024 by and between the CITY OF RANCHO PALOS VERDES, a
California municipal corporation (“City”) and NATIONAL UTILITY LOCATORS, a limited
liability corporation, “(Consultant”). City and Consultant may be referred to, individually or
collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal 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 Consultant 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. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the “Scope of Services”, as stated in the Proposal, 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, Consultant represents and warrants that it has the qualifications, experience, and
facilities necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant 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
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intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean
those standards of practice recognized by one or more first-class firms performing similar work
under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal which shall be incorporated
herein by this reference as though fully set forth herein. In the event of any inconsistency
between the terms of such Proposal and this Agreement, the terms of this Agreement shall
govern.
1.3 Compliance with Law.
Consultant 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 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,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of 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. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant 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, Consultant
acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem
wages, and Consultant 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. Consultant 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
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Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) 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 Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in 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. Consultant 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.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than 8 (eight) hours in any one calendar day and 40 (forty) 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 Consultant in excess of 8
(eight) hours per day, and 40 (forty) 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 1½ (one and one half) 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, Consultant 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.”
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Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant 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. Consultant shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including 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. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 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 this Agreement.
Consultant 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 Consultant’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.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services 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, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the Contract Officer in the form of a Change Order.
1.7 Care of Work.
The Consultant shall adopt reasonable methods 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 may be caused by City’s own negligence.
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1.8 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, 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.
1.9 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 Change Order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs 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 15% (fifteen percent) of the Contract Sum; or, in
the time to perform of up to 90 (ninety) days, may be approved by the Contract Officer through a
written Change Order. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. It is expressly understood by Consultant that the provisions of this
Section shall not apply to services specifically set forth in the Scope of Services. Consultant
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the
Scope of Services may be more costly or time consuming than Consultant anticipates and that
Consultant shall not be entitled to additional compensation therefor. City may in its sole and
absolute discretion have similar work done by other Consultants. No claims for an increase in the
Contract Sum or time for performance shall be valid unless the procedures established in this
Section are followed.
If in the performance of the Services, the Contractor becomes aware of material defects
in the Scope of Work, duration, or span of the Services, or the Contractor becomes aware of
extenuating circumstance that will or could prevent the completion of the Services, on time or on
budget, the Contractor shall inform the City’s Contract Officer of an anticipated Change Order.
This proposed change order will stipulate the facts surrounding the issue, proposed solutions,
proposed costs, and proposed schedule impacts.
1.10 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.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant 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 $42,000 (Forty Two Thousand Dollars) (the “Contract
Sum”), unless additional compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
(a) 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; (iii) payment for time and materials based upon the Consultant’s rates as specified
in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, and (b) the Contract Sum is not exceeded; or (iv) such other methods
as may be specified in the Schedule of Compensation.
(b) A retention of 10% shall be held from each payment as a contract retention to be
paid as part of the final payment upon satisfactory and timely completion of services. This
retention shall not apply for on-call agreements for continuous services or for agreements for
scheduled routine maintenance of City property or City facilities.
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 Consultant 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
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice, using the City template,
or in a format acceptable to the City, 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.
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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, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 45 (forty-five) 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 City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
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.
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 through a Change
Order, but not exceeding 60 (sixty) 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 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 10 (ten) 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
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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 one year,
except as otherwise provided in the Schedule of Performance (Exhibit “D”). City and Consultant
may extend the Agreement for up to two years.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Mark Baghdassarian Owner
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 foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only the personnel included in the Proposal 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, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant 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. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’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. Consultant expressly waives any claim Consultant may
have to any such rights.
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4.3 Contract Officer.
The Contract Officer shall be such person as may be designated by the Director of Public
Works. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Consultant 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 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 herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant 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. 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. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant 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 included
in the Proposal are deemed approved. 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 25% (twenty five percent) of the present ownership and/or control of
Consultant, 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 Consultant or any surety of Consultant of any liability
hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
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
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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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(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 and continuously maintain 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
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by the Consultant. 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. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) 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 90 (ninety) 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.
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(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 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, or 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, and in connection therewith:
(a) Consultant 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) Consultant 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
Consultant hereunder; and Consultant 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 Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant 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.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant 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 Consultant in the performance of professional
services 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
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indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 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. 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 three
(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 Consultant’s business,
custody of the books and records may be given to City, and access shall be provided by
Consultant’s successor in interest. Notwithstanding the above, the Consultant 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.
Consultant 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. Consultant 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, Consultant
agrees that if Consultant 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 Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant 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 Consultant, 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 Consultant 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
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uncompleted documents without specific written authorization by the Consultant will be at the
City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the 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 Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. 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.
6.4 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 City without prior written
authorization from the Contract Officer.
(b) Consultant, 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 Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then 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.
(d) Consultant shall promptly notify City should Consultant, 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 Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. 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
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instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant 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; 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 15 (fifteen) days, but may be extended, though not reduced, 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. 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 Consultant 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 Consultant’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.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(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 Consultant’s acts or omissions in performing or failing to perform Consultant’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 Consultant, 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 Consultant 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 Consultant 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, Consultant shall file a statutory 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 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. 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. 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, except as provided in Section 7.3. In the
event of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
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7.9 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.
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 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.
8.2 Conflict of Interest.
Consultant 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 Consultant’s performance of services under this
Agreement. Consultant 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. Consultant 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 affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant 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.
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 insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
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religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant 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 Consultant 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, Consultant 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 Blvd., Rancho Palos Verdes, 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
72 (seventy two) hours from the time of mailing if mailed as provided in this section.
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 Consultant and by
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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. 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 _______
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) that 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]
MB
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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
John Cruikshank, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Elena Q. Gerli, City Attorney
CONSULTANT:
NATIONAL UTILITY LOCATORS, a limited
liability company
Name: Mark Baghdassarian
Title: Owner
2010 W. Ave. K, #375
Lancaster, CA 93536
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.
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01203.0006/989304.3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 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.
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01203.0006/989304.3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 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.
A-24
01203.0006/989304.3 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will provide all labor, materials, and equipment and will perform the
following DigAlert Services:
o Monitoring, responding to, and closing out all tickets from DigAlert, on a daily
basis, for all City-owned storm drains, traffic signal conduits, and Abalone Cove
area sewer lines. Services include locating and marking City of Rancho Palos
Verdes owned utilities.
Screen incoming DigAlert requests/tickets and call contractors to get
additional information about their planned excavations, as needed.
Close out tickets that are not in conflict with City utilities and notify
contractors.
Schedule and dispatch personnel, and perform locating and marking of
City utilities that are in conflict with excavation activities.
o Processing and electronic filing of reports.
Quarterly reports documenting all locating work performed including
photo documentation.
Quarterly reports documenting all tickets closed out that did not require
field locating utilities.
o Utility mark-out, including mobilization, as necessary.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A. Monthly administrative reports
B. Monthly certified payroll
In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering the
following status reports: (see II, above)
III. 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.
IV. Consultant will utilize the following personnel to accomplish the Services:
NA
A-25
01203.0006/989304.3 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[intentionally left blank]
A-26
01203.0006/989304.3 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services for a monthly fee of $3,500.
Assumptions:
• Work will be performed Monday through Friday 7am to 4pm. If requested by the City,
overtime and/or weekend or night work will incur an additional cost of $225 per locate.
• Costs include up to 40 field investigations per month and field investigations in excess of
40 per month will incur an additional cost of $115 per field investigation.
• Typical field investigation includes up to 400 linear feet of a work area and every 400
linear feet above the initial 400 feet will be considered an additional field investigation.
II. 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 1.9.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include, as applicable:
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.
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.
IV. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. NOT
APPLICABLE
A-27
01203.0006/989304.3 D-1
EXHIBIT “D
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
Days to Perform Deadline Date
A. Response to All
DigAlert Tickets
Within 24 hours Ongoing
B. Field Locate Utilities, as
Necessary
Within 48 hours Ongoing
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Quarterly Reports
B. Certified Payrolls
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2. Any further extensions require City Council approval.
A-28
1
Cover Letter
Date 06/09/2024
RFP: Underground Utility Locating and Marking – City of Rancho Palos Verdes
To Whom It May Concern,
Please accept the following as our introduction.
National Utility Locators LLC is a certified small business founded in 2019, and provides
utility locating services for both, private firms and city municipalities and as such, we are
a registered public works contractor. Our company has two Owners with over 15 years
of utility locating experience and employ a total of 5 technicians.
We have fully reviewed and acknowledged the RFP and look forward to entering into an
agreement with the City of Rancho Palos Verdes.
We take pride in our level of communication for the purpose of building long-term
relationships with our clients. We appreciate and respect the level of importance our
clients’ requests have and treat every job with such a respect. We carry ourselves in a
manner as we are aware, we are representing our clients in the public’s eyes. We have
several references we’d be able to provide whom can vouch for the level of customer
service we provide.
As of now, National Utility Locators does not hold any contracts that may be seen as a
conflict of interest in performing the proposed work.
Member 1: Mark Baghdassarian, Manages Contract Locating
Mark@nationalutilitylocators.com
Member 2: Andrew Hoogenhuizen, Manages Private Utility Locating
Drew@nationalutilitylocators.com
Our point of contact for this RFP would be: Mark Baghdassarian. His contact phone
number is 626-485-1547 and email is mark@nationalutilitylocators.com.
Signature __________________________ Date_______________
Mark Baghdassarian
Owner
2010 W Ave K #375 Lancaster, CA 93536
06/09/2024
Revised Proposal
B-1
2
Table of Contents
Approach to Scope of Services………………………………………………………………3
Organization and Staffing……………………………………………………………………..4
Staff Qualifications and Experience………………………………………………………….5
Company Experience………………………………………………………………………….7
Quality Control Plan……………………………………………………………………………9
Pricing…………………………………………………………………………………………..10
B-2
3
Approach to Scope of Services
National Utility Locators has experience in managing contract locating
for over six years. In that time, the process has been refined to deliver the
most efficient service to the client as possible. Contract locating begins with
a ticket submission from the contractor and/or property owner, receipt of
that ticket to our ticket management system, the screening of that ticket,
dispatching a technician if necessary, and finally, the field investigation.
When a ticket is transmitted to our ticket management system, using
the resources provided by our client, we decide whether or not a field
investigation is necessary. If there is any question that a conflict with our
client’s utilities is present, a technician is dispatched. Efficiency is of utmost
importance in order to provide our client with the best service by protecting
their utilities without breaking their budget.
Prior to dispatching a technician, the dispatcher references the maps
provided to us by the client, the listed contractor on the DigAlert ticket is
called if necessary, to gain a better understanding of the work area, and at
that point it is determined whether or not a field investigation is necessary.
If a field investigation is necessary, a technician is dispatched in order
to determine if there is an actual conflict on site by the placement of the
USA marks on the ground. Upon completion of the field investigation, if any
utilities are in conflict, they are located and clearly marked using APWA
color coded marking paints and/or flags.
B-3
4
Organization and Staffing
The staff above will be dedicated to this project throughout the duration of
the contract.
Andrew Hoogenhuizen
Field Technician
•Screening incoming DigAlert tickets
•Assigning necessary field investigations to field technician
•Deliver any discrepancies between the map and the field to
the client
•Conduct field investigations/ mark-outs
•Make note and deliver field discrepancies to Project
Manager
•Communicate with contractors
Mark Baghdassarian
Project Manager
B-4
5
Staff Qualifications and Experience
Andrew Hoogenhuizen
9648 Calle Vejar Rancho Cucamonga, CA 91730
818-636-4975
Andrew is an Owner at National Utility Locators LLC and has been with the company
since founding in 2019
Licenses and Certifications
•API Certification, Hazwopper, CPR, Confined Space, Utility Locator Certification
Educational Background
•Crescenta Valley High School – Graduated 2012
Role in this project marking for the City of Rancho Palos Verdes
•Project Manager
•Locate technician
Experience
National Utility Locators LLC. 8/19 – Present
Owner
•Maintain relationship with clients
•Increase inflow of private utility locating clientele
•Utility Locating with electromagnetics and GPR
Pacific Coast Locators Inc. 2/16 – 8/19
Locating Technician
•Clear drilling locations using electro-magnetics, GPR, and magnetometer
to prevent damage to any existing underground utilities.
•CCTV inspection of sewer and storm drain lines.
•Locate and mark utilities for the purpose of DigAlert excavation requests
of behalf of a number of city municipalities and private firms.
Goldak Inc. 4/14 – 2/16
Locating Technician
•Clear boring locations for environmental companies installing monitoring
wells and/or vapor tests without striking any existing utilities.
•Clear proposed trenching locations of all underground utilities.
•Gas leak detections for above and below ground piping.
•Locate and mark utilities for surveying purposes
Work history with other municipalities
•City of Ontario
•City of Oxnard
•City of Lancaster
B-5
6
Mark Baghdassarian
13901 Sayre St. Unit 2 Sylmar, CA 91342
626-485-1547
Mark is an Owner at National Utility Locators LLC and has been with the company since
founding in 2019
Licenses and Certifications
•API Certification, Hazwopper, CPR, Confined Space, Utility Locator Certification
Educational Background
•San Jose State University 8/13 – 6/15
Bachelor of Science Degree in Computer Engineering
•Pasadena City College 6/10 – 8/13
Transfer
Role in this project marking for the City of Riverside
•Project Manager
•Locate technician
Experience
National Utility Locators LLC. 8/19 – Present
Owner
•Maintain relationship with clients
•Increase inflow of contract locating clientele
•Scout for potential city municipality contracts
•Contract Management
•Utility Locating with electromagnetics and GPR
Pacific Coast Locators Inc. 6/15 – 8/19
Contract Locates Manager
•Maintain contract locating contracts with city municipalities and private
firms.
•Monitor DigAlert tickets using WebTms interface
•Producing monthly reports
•Locate and mark utilities for the purpose of DigAlert excavation requests
of behalf of a number of city municipalities and private firms.
City of San Jose 11/13 – 6/15
Public Works Utility Locator
•Respond to USA North Dig requests
•Monitor Dig requests that come in on a daily basis
•Locate and mark City of San Jose owned utilities including traffic signal,
communication, street light, and recycled water
Work history with other municipalities
•City of Ontario
•City of Oxnard
•City of Lancaster
•City of Citrus Heights
•City of Palo Alto
B-6
7
Company Experience
City of Oxnard
Gary Krumian
805-385-7558
National Utility Locators has been responsible for locating City of Oxnard
traffic signal and communications for 4 years. We are responsible for
monitoring incoming excavation requests, dispatching technicians, and
marking requested utilities that are in conflict with excavation activities in
response to DigAlert tickets.
City of Lancaster
Bruce Katz
661-810-6906
National Utility Locators has been responsible for locating City of Lancaster
traffic signal, communications, sewer, storm, recycled water, and street
lights for 3 years. We are responsible for monitoring incoming excavation
requests, dispatching technicians, and marking requested utilities that are
in conflict with excavation activities in response to DigAlert tickets.
City of Agoura Hills
Brian Woodworth, Administrative Analyst
818-597-7322
National Utility Locators has been responsible for locating City of Agoura
Hills communication lines for 1 year. We are responsible for monitoring
incoming excavation requests, dispatching technicians, and marking
requested utilities that are in conflict with excavation activities in response
to DigAlert tickets.
Digital Transportation Corp. (DTC)
Steve Kassower, CEO
916-538-1720
National Utility Locators has been responsible for locating Digital
Transportation Corporation’s communications lines for 4 years. We are
responsible for monitoring incoming excavation requests, dispatching
technicians, and marking requested utilities that are in conflict with
excavation activities in response to DigAlert tickets.
B-7
8
City of Rancho Cucamonga
Richard Favela, PW Services Superintendent
909-774-4107
National Utility Locators has been responsible for locating the City of
Rancho Cucamonga’s Fiber Optic, Electric, and Traffic Signal for 3 years.
We are responsible for monitoring incoming excavation requests,
dispatching technicians, and marking requested utilities that are in conflict
with excavation activities in response to DigAlert tickets.
City of El Segundo
Arianne Bola, Senior Associate Engineer
National Utility Locators has been responsible for locating the City of El
Segundo’s Storm, Sewer, and Fiber lines for 2 years. We are responsible
for monitoring incoming excavation requests, dispatching technicians, and
marking requested utilities that are in conflict with excavation activities in
response to DigAlert tickets.
City of Citrus Heights
Mary Poole, Operations Manager
916-727-4730
National Utility Locators has been responsible for locating the City of Citrus
Heights maintained utilities for 3 years. We are responsible for monitoring
incoming excavation requests, dispatching technicians, and marking
requested utilities that are in conflict with excavation activities in response
to DigAlert tickets.
B-8
9
Quality Control Plan
The screening process includes reviewing maps, speaking with
contractors, and using this information only to determine if the ticket may
be cleared from the office. If there is any question that a utility may be in
conflict with the scope of work listed by the contractor, the ticket is
assigned to a technician.
Once the technician arrives on scene, he begins his investigation
starting with identifying the delineated work area. Once the work area is
identified, he begins his locate in order to determine if, in fact, any utilities
are in conflict. If there are any utilities in conflict, they are clearly delineated
using APWA color coded marking paints.
The job has not been completed until photos have been captured,
attached to the ticket, and the electronic positive response has been
transmitted. This process helps keep our technicians accountable and
ensures the investigation was properly conducted. The contractor
immediately gets a notification that the requested work area has been
marked or cleared accordingly.
B-9
10
Pricing
The pricing structure you will see below is a monthly flat rate based
on an estimate ticket volume projection. This option has a flat monthly
rate as long as the ticket count falls under the 40 tickets per month cap.
We have based this number on the information provided to us in regards
to the waste water tickets received currently. We have also included an
estimate of traffic signal volume as the City of Rancho Palos Verdes is not
currently receiving tickets for these utilities. As long as the field
investigations stay under that cap, every month will be the same rate.
We will closely monitor the volume of field investigations for the first
6 months of the contract until we can fine tune the original monthly cap
placed on the contract. If adjustments need to be made (either up or
down) we will do so in order to keep costs at a reasonable rate.
B-10
6/4/2024
Cost Estimate to Serve as Contract Locating Provider for City of Rancho Palos
Verdes
City of Rancho Palos Verdes
30940 Hawthorne Blvd.| Rancho Palos Verdes, CA 90275
jhernandez@rpvca.gov
Attn: Juan Hernandez
Scope of work:
City of Rancho Palos Verdes is looking for a utility locating company to respond to One-Call tickets.
National Utility Locators will respond to 811 One-Call DigAlert tickets for proposed excavation projects
planned in the City of Rancho Palos Verdes. National Utility Locators will be responsible for locating &
marking City of Rancho Palos Verdes owned utilities to include Storm Drains, Sanitary Sewer System in
Abalone Cove, and Traffic Signa Conduit.
In this cost estimate National Utility Locators will provide:
Screening and scheduling:
A National Utility Locators dispatcher will screen incoming City of Rancho Palos Verdes’ DigAlert locate
requests that will be directed to National Utility Locators’ Locator Logix TMS system which will include
calling contractors to get additional information about their planned excavation. For those that are clearly
not in conflict with City of Rancho Palos Verdes utilities, tickets will be closed out and the contractor will
be notified. Dispatcher will schedule technicians to locate and mark out City of Rancho Palos Verdes
utilities that are, or may be in conflict with excavation activities.
Staffing and equipment:
National Utility Locators will assign and equip technicians for dispatching and locating for all listed City of
Rancho Palos Verdes utilities. National Utility Locators will provide all marking paint, survey flags, and all
other materials necessary to complete all mark-outs in the field.
Reports:
Monthly reports documenting all locating work performed will be provided to the City of Rancho Palos
Verdes on a quarterly basis and/or available to City of Rancho Palos Verdes at their request. National
Utility Locators will photo document all located City of Rancho Palos Verdes communication lines per
each DigAlert mark-out. All photos will be made available to City of Rancho Palos Verdes upon request.
National Utility Locators will retain all documentation for later reference.
City of Rancho Palos Verdes will provide:
National Utility Locators will be authorized to receive City of Rancho Palos Verdes DigAlert tickets via the
National Utility Locators’ Locator Logix TMS account. Our dispatcher will be able to view & close out
tickets.
In addition, City of Rancho Palos Verdes will provide maps of all City of Rancho Palos Verdes utilities,
and include hard copies of the system and GIS files.
2010 W Ave K #375 Lancaster, CA 93536
B-11
6/4/2024
Prevailing Wage Cost Estimate
Cost per month to locate and mark out City of Rancho Palos Verdes utilities:
This includes mobilization, utility mark-out, administrative reporting, and processing certified payroll.
Also included in this cost is:
Monitoring of Tickets (which includes closing out tickets), strategic scheduling, making daily
contact with contractors working near City of Rancho Palos Verdes storm drains, sewer lines, and
traffic signal conduit, building relationships, processing and electronic filing of monthly technician
field reports. We will also be providing a Certificate of Insurance.
Cost: $3,500 p/month to cover a cap of up to 40 field investigations per month.
1 field investigation includes up to 400 linear feet of a work area. Every 400 linear feet above the
initial 400 feet will be considered an additional field investigation.
Cost: $115 p/ field investigation for anything above 40 field investigations.
Assumptions:
Day work only. Monday through Friday 7am to 4pm.
Additional cost of $225 p/locate for overtime and/or weekend or night work.
B-12
Page 1 of 9 City of Rancho Palos Verdes
RFP- DigAlert Response for All City-owned Subsurface Utilities
February 29, 2024
City of Rancho Palos Verdes
Request for Proposals
DigAlert Response for All City-owned
Subsurface Utilities
Public Works Department
Attention: Juan Hernandez, Maintenance Superintendent
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: 310.544.5221 | Email: jhernandez@rpvca.gov
RFP Release Date: February 29, 2024
Request for Clarification Deadline: March 19, 2024
RFP Submittal Deadline: April 9, 2024
C-1
Page 2 of 9 City of Rancho Palos Verdes
RFP- DigAlert Response for All City-owned Subsurface Utilities
February 29, 2024
DigAlert Response for All City-owned
Subsurface Utilities
The City of Rancho Palos Verdes hereby solicits proposals from qualified firms to provide
services pertaining to the response and locating of all subsurface utilities throughout the
City of Rancho Palos Verdes.
All correspondence and questions regarding this RFP should be submitted via email to:
Juan Hernandez, Maintenance Superintendent
Email: jhernandez@rpvca.gov
Phone: 310.544.5245
To be considered for this project, submit an electronic copy of the proposal to the above
email address by 4:30PM, on Tuesday, April 9, 2024.
C-2
Page 3 of 9 City of Rancho Palos Verdes
RFP- DigAlert Response for All City-owned Subsurface Utilities
February 29, 2024
TABLE OF CONTENTS
I. Introduction Page 4
II. Project Objective Page 4
III. Project Description and Background Page 4
IV. Scope of Services Page 5
V. Selection Process Schedule Page 6
VI. Necessary Qualifications and Submittal
Requirements Page 6
VII. Submission of Proposal Page 8
VIII. Evaluation and Selection Process Page 8
IX. Attachments
• Attachment A – GIS Data for City-owned Storm Drain System, City-owned
Abalone Cove Sanitary Sewers and Traffic Signals
• Attachment B – Sample Professional Services Agreement
C-3
Page 4 of 9 City of Rancho Palos Verdes
RFP- DigAlert Response for All City-owned Subsurface Utilities
February 29, 2024
I. INTRODUCTION
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal
community, with a population of approximately 42,000, located on the Palos Verdes
Peninsula of southwestern Los Angeles County.
The City is a contract city, meaning that some services are provided by contract with
agencies (both public and private) and some services are delivered by the City’s own
employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under
the Council-Manager form of government since its incorporation in 1973. Policy-making
and legislative authority are vested in the governing City Council, which consists of five
Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and
functions on an annual budget cycle.
The purpose of this document is to provide proposers with the information needed to
submit a proposal for review by the City and, if selected, enter into a Professional Service
Agreement with the City. Enclosed is a blank Professional Services Agreement form for
proposers’ review.
II. PROJECT OBJECTIVE
The long-term objective of this solicitation is to retain a consultant to respond to all
requests from DigAlert, on behalf of the City, for underground excavations, including but
not limited to electronic responses and field responses.
III. PROJECT DESCRIPTION AND BACKGROUND
The City owns and maintains the following subsurface utilities:
• Storm Drains
• Sanitary Sewer System in Abalone Cove
• Traffic Signal Conduits
These subsurface utilities are included in the City’s Geographic Information System,
which are shown in Attachment A, and will be made available digitally to the successful
Consultant.
Underground Service Alert of Southern California (USA), also known as DigAlert,
provides services to the public for information on underground facility location for all
planned excavations.
DigAlert (Underground Service Alert of Southern California or USA/SC) was formed in
1976 in response to an accident that occurred in Southern California. Since that time,
DigAlert has been serving nine Southern California counties and it has become California
law, for excavators to contact DigAlert prior to breaking ground. Both excavators and
utility members have responsibilities as dictated by the law.
C-4
Page 5 of 9 City of Rancho Palos Verdes
RFP- DigAlert Response for All City-owned Subsurface Utilities
February 29, 2024
Excavators must:
• Delineate or pre-mark their work area in white (paint, chalk, flour, flags, etc.)
• Contact DigAlert and give at least two (2) working days NOT including the date of
notification (Section 4216.2(b) of the California Government Code) prior to
excavating.
• Hand dig to expose utility lines to the point of no conflict within the tolerance
zone.
Utility members must:
• Mark or locate their lines within two (2) working days NOT including the date of
notification (4216.2(b)) prior to the start of excavation.
• Use the APWA Color codes to mark their facilities.
• Be accurate within 24 inches either side of the buried facility (tolerance zone)
Because the City owns and operates subsurface utilities, including a storm drain system,
and sewer system in Abalone Cove, and several traffic signals which include underground
conduit, the City is considered a utility member. At this time, the City receives
approximately 100 tickets per month from DigAlert, all of which require an Electronic
Positive Response (EPR). EPR is required by State Law and failure to provide an EPR
for each required ticket to the City is a violation of California Government Code 4216. In
this same law, DigAlert is required to report to the Underground Safe Excavation Board
every member that fails to provide an EPR, which could result in financial penalties to the
City. To gain compliance with this law, the City is seeking assistance from qualified
contractors in order to help the City move into compliance with the law and avoid any
violations. Specifically, the City desires to retain a Consultant which will intake all emails
from DigAlert, respond to DigAlert, and, when necessary, mobilize to the excavation site,
within the legally required timeframe, to locate the City’s utility using temporary pavement
markings (typically paint).
IV. SCOPE OF SERVICES
The Consultant shall be responsible for responding to all tickets to the City, per the
requirements of California Government Code 4216. Specifically, the Consultant shall
intake the tickets, respond to each ticket, and, if necessary, locate and mark the location
of the City’s utility and respond to any inquiries from excavators.
Consultant shall complete all other tasks deemed necessary to accomplish a complete
and comprehensive outcome as described in the project objective. The consultant shall
expand on the above-noted tasks, where appropriate, and provide suggestions that might
lead to efficiencies and enhance the results or usefulness of the work.
In addition, the consultant shall be responsible for tracking all incoming DigAlert tickets
associated with the City infrastructure listed above in the “Project Description and
C-5
Page 6 of 9 City of Rancho Palos Verdes
RFP- DigAlert Response for All City-owned Subsurface Utilities
February 29, 2024
Background” portion of this RFP and relay their status via a weekly emailed report to the
City’s designated representative.
V. SELECTION PROCESS SCHEDULE
A. RFP Schedule
The following is the anticipated schedule for the RFP process:
Request for Proposal available: February 29, 2024
Request for Clarification due: March 19, 2024
Proposals due: April 9, 2024
Anticipated Notice of Award: July 2024
VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
1. Only one proposal per firm will be considered.
2. The submittal should be typed and as brief as possible while adequately describing
the qualifications of the firm. The final submittal shall be sent as a PDF via email
to Juan Hernandez, Maintenance Superintendent, at jhernandez@rpvca.gov.
3. The proposing firm shall submit the following information with the package,
including the same information for subcontractors, in the following format:
a) Cover Letter: Provide the name, address, and phone number of the firm; the
present staff (size, classification, credentials); the primary contact’s name,
phone number, and email address; any qualifying statements or comments
regarding the proposal; and identification of any sub-Contractors and their
responsibilities. Identify the firm’s type of organization (individual, partnership,
corporation), including names and contact information for all officers, and proof
that the organization is currently in good standing. The signed letter should also
include a paragraph stating that the firm is unaware of any conflict of interest in
performing the proposed work. (No more than one page)
b) Approach to Scope of Services: Re-state the Scope of Services with any
additions, expansions, clarifications, or modifications that the firm proposes in
order to provide the services and produce the deliverables contained in this
RFP. Describe how completing the Scope of Services will be approached and
any cost-saving or value-adding strategies or innovations the firm will bring to
the project. (No more than one page)
c) Organization and Staffing: Identify the person who will be the Project Manager
and primary contact person responsible for the overall delivery of the project.
C-6
Page 7 of 9 City of Rancho Palos Verdes
RFP- DigAlert Response for All City-owned Subsurface Utilities
February 29, 2024
Provide an organizational chart of the project team that clearly delineates
communication and reporting relationships among the project staff and among
the sub-Contractors involved in the project. Identify key personnel to perform
work in the various tasks and include major areas of subcontracted work.
Indicate the expected contributions of each staff member in time as a
percentage of the total effort. Specifically show the availability of staff to provide
the necessary resource levels to meet the City’s needs. Indicate that the Project
Manager and key staff will remain assigned to this project through completion
of the Scope of Services. (No more than two pages)
d) Staff Qualifications and Experience: Describe qualifications of the assigned
staff and subcontractors including relevant technical experience. Staff assigned
to complete the Scope of Services must have previous experience in providing
the necessary services as described under the Scope of Services.
e) Description of Consultant’s experience should include (No more than five
pages):
• Prior Experience: Demonstrate that the firm has experience similar to that
described under the Scope of Services.
• Staff Qualifications: Provide resumes for the Project Manager and any
other key staff members to be assigned to contribute to the Scope of
Services, with an emphasis on similar services which they provided to other
agencies.
f) Quality Control Plan: Describe the quality control procedures and associated
staff responsibilities which will ensure that the deliverables will meet the City’s
needs. (No more than one page).
g) List of Exceptions to Standard Agreement: Proposers shall provide any
exceptions or suggested changes to the RFP or Professional Services
Agreement (PSA), including the suggested change, the reasons therefore and
the impact it may have on cost or other considerations on the firm’s behalf must
be stated in the proposal. Unless specifically noted by the firm, the City will rely
on the proposal following all aspects of the RFP and in agreement with all
provisions of the agreement.
h) Pricing Sheet: Proposers shall submit a pricing sheet with their proposals, and
the successful consultant may be asked to negotiate these prices. After a
contract is finalized with the successful consultant, it is envisioned that the
ticket responses shall be on an agreed upon price, while field responses and
markups shall be completed on a time and materials basis, based on the pricing
sheet.
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Page 8 of 9 City of Rancho Palos Verdes
RFP- DigAlert Response for All City-owned Subsurface Utilities
February 29, 2024
VII. SUBMISSION OF PROPOSAL
A. Requests for Clarification
Requests for clarification of the information contained herein shall be submitted in
writing prior to 4:30 pm on Tuesday, March 19, 2024. Responses to any
clarification question will be provided to each firm from which proposals have been
requested.
B. Confirmation Email
Upon submission of proposal to the City, the proposing firm shall request an email
confirmation that the proposal was received and retain the email as a record. If an
email confirmation is not received, the proposing firm shall correspond with the
City until a confirmation is received.
VIII. EVALUATIONS AND SELECTION PROCESS
1. Proposals Will be Evaluated Based on the Following Criteria:
a) Approach to Scope of Services (25%)
• Understanding of the Scope of Services as demonstrated by the thoroughness
of the proposal, introduction of cost-saving or value-adding strategies or
innovations (including those applying to overall project schedule), and an
overall approach most likely to result in the desired outcome for the City.
b) Staff Qualifications and Experience (50%)
• Relevance of experience of the proposing firm (to provide support resources
to the project team).
• Relevance of experience and strength of qualifications of the Project
Manager and the key personnel performing the work.
• Relevance of referenced projects and client review of performance during
those projects.
c) Organization and Staffing (25%)
• Availability of key staff to perform the services throughout the duration of
the project.
• Assignment of appropriate staff in the right numbers to perform the Scope
of Services.
• Appropriate communication and reporting relationships to meet the City’s
needs.
2. Selection Process
Staff will review all proposals submitted and select the top proposals. Staff will
select the proposal, if any, which best fulfills the City’s requirements. Upon
selection of the most qualified firm, City Staff will then further refine the scope and
schedule with that firm and request a time-and-materials fee proposal. The City
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Page 9 of 9 City of Rancho Palos Verdes
RFP- DigAlert Response for All City-owned Subsurface Utilities
February 29, 2024
will negotiate a pricing structure with that firm, based on the submitted price sheet.
The City reserves the right to negotiate special requirements and proposed service
levels using the selected proposal as a basis. If the City is unable to negotiate an
agreeable pricing structure for services with top-ranked firm, the City will negotiate
with the next firm chosen among the top firms.
3. Award Notification
The City will notify all proposers in writing of the outcome of the selection process
and intent to award. This RFP does not commit the City to award an agreement,
nor pay any costs incurred in the preparation and submission of the proposal in
anticipation of an agreement. The City reserves the right to reject any or all
proposals, or any part thereof, to waive any formalities or informalities, and to
award the agreement to the proposer deemed to be in the best interest of the City.
4. Award of Agreement
The selected firm shall be required to enter into a written agreement (see sample
City agreement in Attachment A) with the City, in a form approved by the City
Attorney, to perform the Scope of Services. This RFP and the proposal, or any part
thereof, may be incorporated into and made a part of the final agreement; however,
the City reserves the right to further negotiate the terms and conditions of the
agreement with the selected Consultant. The agreement will, in any event, include
a maximum "fixed cost" to the City.
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