AGENDA REPORT
Meeting Date: August 23, 2022
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, P.E., PTOE, Assistant Director/City Engineer Manu Dhaliwal, P.E., Associate Project Manager
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CANNON CORPORATION FOR PROFESSIONAL
ENGINEERING SERVICES RELATED TO THE
SUMMIT/LAUREL EASEMENT RESTORATION; AND
APPROVAL OF A PURCHASE ORDER FOR A NOT-TO- EXCEED AMOUNT OF $180,391 TO CANNON CORPORATION
FOR THE CORRESPONDING AGREEMENT
Attachments: 1. Agreement
RECOMMENDATION
Staff recommends that City Council move to approve an agreement with Cannon Corporation for engineering services and approve a purchase order for a total not-to- exceed amount of $180,391 to Cannon Corporation for the corresponding agreement.
INTRODUCTION
This report is a request for City Council approval for an agreement between the City of Beverly Hills and Cannon Corporation for engineering services including developing exhibits, redeveloping hillside repair plans, bidding and construction support, survey monitoring services, etc., for the Summit/Laurel Easement Restoration. DISCUSSION In December 2017, the easement water main between Summit Drive and Laurel way ruptured, eroding a portion of the slope in the easement. The water main replacement and slope restoration were planned as separate projects due to delays in acquiring the necessary easement for the slope restoration. The slope restoration work has been delayed while the City continues to negotiate with the property owners regarding temporary construction easements. Cannon Corporation was previously retained by the
BEVERLY
HILLS
.�
E-6
Meeting Date: August 23, 2022
City to develop the Summit/Laurel Easement water main replacement project.
Engineering services are required to support plan revisions, exhibit development and construction support. The proposed agreement with Cannon Corporation is in the amount of $180,391, for professional engineering services to develop the hillside repair plans, construction support services, construction survey monitoring and miscellaneous services as needed for the hillside restoration project. FISCAL IMPACT
Funds are available for this project in Fiscal Year 2022/23 CIP 00387 as follows:
CIP Account No. Amount
80006003-850000-00387 $180,391
TOTAL $180,391
Shana Epstein, Director of Public Works
Approved By
Attachment 1
B0785-0001\2696172v5.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CANNON CORPORATION FOR PROFESSIONAL
ENGINEERING SERVICES RELATED TO THE
SUMMIT/LAUREL EASEMENT RESTORATION
NAME OF CONSULTANT: Cannon Corporation
RESPONSIBLE PRINCIPAL OF CONSULTANT: J. Eric Porkert, PE CONSULTANT’S ADDRESS: 11900 West Olympic Blvd, Ste. 530 Los Angeles, CA 90064
Attention: J. Eric Porkert, P.E.
CONSULTANT’S E.I.N./TAX I.D. NO.: 77-0246249
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: August 23, 2022
TERMINATION DATE: June 30, 2023, unless extended pursuant to Section 2 of this Agreement
CONSIDERATION: Not to exceed $180,391.00
DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 B0785-0001\2696172v5.doc
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CANNON CORPORATION FOR PROFESSIONAL
ENGINEERING SERVICES RELATED TO THE
SUMMIT/LAUREL EASEMENT RESTORATION
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”) and Cannon Corporation (hereinafter called “CONSULTANT”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONSULTANT represents that it is qualified and able to perform the Scope of Works.
NOW, THEREFORE, the parties agree as follows:
Section 1. CONSULTANT’s Scope of Work. CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.
The City Manager or his designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B. (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 B0785-0001\2696172v5.doc
3 but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).
There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONSULTANT without the prior written approval of CITY. Any attempt by CONSULTANT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT.
Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 B0785-0001\2696172v5.doc
4 limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) Professional Liability Insurance
A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of Two Million Dollars ($2,000,000) per claim and in the aggregate.
Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed. (b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 B0785-0001\2696172v5.doc
5 deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.
Section 12. Indemnification.
(a) CONSULTANT agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement. (b) All duties of CONSULTANT shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Responsibility. CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’s Scope of Work.
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge. CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 B0785-0001\2696172v5.doc
6 records are maintained. CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONSULTANT shall not discriminate against any employee, subCONSULTANT, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subCONSULTANTs and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Prevailing Wage. CITY and CONSULTANT acknowledge that this project is a public work to which prevailing wages apply. CONSULTANT shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit D, attached hereto and incorporated herein by this reference Section 19. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 20. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 21. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 22. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 23. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 B0785-0001\2696172v5.doc
7 Section 24. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
Section 25. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A municipal corporation
By:
LILI BOSSE
Mayor
ATTEST:
By:
HUMA AHMED
City Clerk
CONSULTANT: Cannon Corporation
By:
MICHAEL CANNON
Chairman
By:
LARRY KRAEMER
Secretary
[Signatures continue]
DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 B0785-0001\2696172v5.doc
8 APPROVED AS TO FORM: APPROVED AS TO CONTENT:
By: By:
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
By:
SHANA E. EPSTEIN
Director of Public Works
By:
DAREN GRILLEY
City Engineer
By:
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 9 B0785-0001\2696172v5.doc
EXHIBIT A
SCOPE OF WORK
CONSULTANT shall perform the following engineering support services in connection with the 1196 Summit Drive Slope Stabilization Redesign and Construction project (Tasks 1-7):
Task 1 – Redevelop Geogrid Hillside Repair Plans
• Develop a new set of construction documents with the original geogrid repair of the slope.
• Incorporate waterline as-built data into the set to show the now existing waterline in the waterline easement and review the proposed work for any conflicts or issues with the waterline particularly at the slope keyway.
• Submit 90% Construction Documents for review by the City of Los Angeles and CITY
• Incorporate and respond to comments and Submit 100% Construction Documents for bidding.
• Coordinate with Leighton Geotechnical and CITY.
Task 2 – Meetings
Attend project meetings with CITY and Leighton Geotechnical to assist CITY with preconstruction efforts and planning. CONSULTANT will attend and prepare for any additional meetings on a time and materials basis as requested by CITY in writing.
Task 3 – Exhibits
Update and revise the existing project exhibits or create new exhibits for CITY coordination and development of agreements with property owners.
Task 4 – Bidding and Construction Phase Support Services CONSULTANT will assist CITY with soliciting proposals from qualified bidders for the slope repair reconstruction; CONSULTANT anticipates receiving at least four or five responsive bids. CONSULTANT will assist advertising the project(s) and attend a pre-bid site meeting with the interested contractors. During bidding, CONSULTANT will assist CITY in answering questions from contractors, issue addenda, and respond to Requests for Information (RFIs) as required. Additionally, CONSULTANT will provide an objective review of received bids to select the best value (lowest cost for services offered) responsive bidder; this will assist CITY’s proposal evaluation and contractor selection.
CONSULTANT understands that CITY will provide part-time inspection for the construction of the slope repair and stabilization. The work hours assumed for each task are based on our previous project experience with similar projects. The actual time required may vary based on the selected contractor and the requested level of involvement.
DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 B0785-0001\2696172v5.doc
10 CONSULTANT will attend a pre-construction meeting and job walk with the selected contractor, CITY staff, and other appropriate CITY representatives. This meeting will provide an opportunity for thorough review of the project plans, compliance requirements, and construction schedule prior to commencing work.
CONSULTANT will review all contractor submittals for completeness and approve them in compliance with the project construction documents; submittals will then be distributed to each involved party. The final approved submittal will be identified, and one copy of each submittal will be kept available at the project site.
Processing RFIs and requests for clarification (RFCs) are vital for keeping the project on schedule and to reduce claims from the contractor for additional funds based on project delays. RFIs and RFCs received from the contractor will be reviewed and responses returned to the contractor within 24 hours.
CONSULTANT will review the contractor’s set of as-built drawings on a weekly basis and confirm their maintenance and completeness. The field sets will note all field adjustments, change orders, and manufacturer changes (where applicable).
Task 5 – Survey Monitoring Services during Construction The slope repair and pipeline replacement work are in proximity of existing buildings. It will be part of the project construction to monitor areas outside of the construction area to monitor unexpected movement. The monitoring requirements will be determined by the geotechnical engineer of record or a third-party expert in the area on geotechnical monitoring. CONSULTANT will provide monitoring services as specified for the project on a time and materials basis. CONSULTANT also anticipates time and materials for office support including data management, calculations, exhibits and spreadsheets.
CONSULTANT has assumed mobilization for monitoring twice per week for a duration of two months plus corresponding office time for data reduction.
Task 6 – Miscellaneous Engineering and Project Management CONSULTANT will continue to use the same experienced engineers to work closely with CITY staff to provide support for communication, negotiation, and agreements with affected property owners. The project will continue require scheduling, controlling, and correspondence with CITY, City of Los Angeles, and other third parties. Correspondence includes telephone conversations, emails, project bi-weekly status reports, meeting minutes, project memorandums, project management billing reviews, and preparing detailed invoices.
Task 7 – Water Replacement Record Drawings
CONSULTANT will revise the plans to incorporate as-built redlines from the contractor and CITY and changes documented through construction via RFIs and submittals and issue a record drawing set to CITY.
DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 11 B0785-0001\2696172v5.doc
EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSULTANT for the satisfactory performance of services performed under this Agreement as described in Exhibit A in the not-to-exceed amount of One Hundred Eighty Thousand Three Hundred Ninety-One Dollars ($180,391.00) based on the fees and rates set forth in Attachment 1 to Exhibit B.
CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
COST ESTIMATE
1196 SUMMIT DRIVE SLOPE STABILIZATION REDESIGN AND CONSTRUCTION PHASE
ENGINEERING SUPPORT SERVICES
Task 1 – Redevelop Geogrid Hillside Repair Plans $26,334 Task 2 – Meetings $10,823
Task 3 – Exhibits $10,491
Task 4 – Bidding and Construction Phase Support Services $49,741 Task 5 – Survey Monitoring Services during Construction $61,860 Task 6 – Miscellaneous Engineering and Project Management $16,440 Task 7 – Water Replacement Record Drawings $4,702
Slope Stabilization Subtotal: $180,391
FEE SCHEDULE
CONSULTANT fees shall accumulate on a time-and-materials basis in accordance with the 2022 Professional Fee Schedule, attached as Attachement 1 to Exhibit B, less 10 percent (10%).
CONSULTANT may modify the rates annually by giving CITY thirty days prior written notice, but such increases shall not take effect before January 1, 2024.
DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 B0785-0001\2696172v5.doc
12 ATTACHMENT 1 TO EXHIBIT B
DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 2021/22 Fee Schedule
Bill Rate Ranges
SVbject to change
Assistant Resident Engineer
Associate Engineer
Automation Specialist
Automation Technician
CAD Tech
$ 135 • $ 157
$ 140 • $
$ 135 - $ 153
$ 95 • $ 112
$ 85 • $ 103
Sr. Associate Engineer
Sr. Autom tion Specialist
Sr. Automation T echnlclan
$ 83 • $ 127
$ 120 • $ 153
$ 9 - $ 220
$ 155 - $ 177
$ 150 - $ 193
$ 163 • $ 183
$ 126 • $ 141
$ 435
$ 305
$ 230
$ 33
$ 2
$ 172 - $ 198
$ 180
$ 195 • $ 235
$ 130 • $ 165
$ 295
$ 90 - $ 6
$ 180 - $ 200
$ 172 - $ 182
$ 10 - $ 73
$ 90 - $ 10
$ 176 - $ 260
$ 105 • $ 139
$ 90 - $ 2
r, CAO Tech
Sr. Construction
Survey Crew Rates· Prevaili� Wage
$ 83 - $
$ 98-$130
$ 105 • $ 119
$ 75 - $ 125
$ 105 - $ 125
$ 110 • $ 145
$ 150 - $ 205
$ 130 • $ 157
$ 25 - $ 77
$ 55 - s 70
$ 100 • $ 133
$ 80 - $ 105
$ 110 • $ 141
$ 155 - $ 173
$ 98-$ 08
$ 70 - $ 2 7
$ 90 - $ 2
$ 185 • $ 198
$ 47 - $ 62
$ 210 • $ 230
$ 110 - $ 136
$ 80 - $ 92
$ 80 - $
$ 00 - $ 20
an ager
ngjnfwTech
Olr or
Oes,n E nglneer
Construction Inspector I -111
CAO ger
Construction anager
Electrical- Prevalli!J wage
$ 10 - $ 84
$ 145
Other Direct Charges
Black Line Plots
Outside Reprodu lo
Automation & Electrical terlals
Subconsultant Fees
$ 2.00 per page
Cost+ 15%
Cost+ 25% (+tax)
Cost+ 10%
Color Plots
Travel d Related Subsistence
Stand rd lleage R te
Alrpl ne ileage Rate
$5.00 per page
Cost+ 15%
IRS R te per mile
GSA R te per mile
All cl he above hourfy r es clvde a dired bor costs end bor ovtYheed, ntYel end ctn · r ve expenses nd prof, A d sh ,pp,rg oosJ trove other th n by iJomob p g e penses d penn fees iv b9 b ea t the u I oost p s 15%. If the eflf 19quests, or the req.; es ,c,o o b9 date M n ove ,me be sis, muf p r of 1 5 ,w be pp ,ed b the ed r es for 1Veel<d ys for de y hours ,n excess of 8 es we IV ends nd m.J 'jp ·er d2.0forda hours exoessof12 and holidays If the client requests field services to be provided wtside ofnonn wo g hwrs (b veen 6'00p m and6 00 m.); mu ,p r of 1.5 ,w be p to the st ea r. s. For prev g IV pro)9CI f the client 19ques field services to b9 provided on y given Sund y, muft,p r of 20 , I be applied to the slated rates and on or around an observed ho day, other rales may be app ea Survey O'e,� and Au tom a M Field staff 819 b led porla/ to po,ta and m ge ch rges e 11'tC the hwrty rate. A mnimum ch rge d 4 hours ,v b9 ch rgect for ny Auto t,on F1eld Serwce ca s wts, of nonn ,c.orlarg hwrs (b v n 600 pm nd 6'00 m) Thesta eor es
e sub)9CI to c ng typ,ca ya, n nn I b sis.
13 B0785-0001\2696172v5.doc
EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CONSULTANT agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 14 B0785-0001\2696172v5.doc
EXHIBIT D
Terms for Compliance with California Labor Law Requirements Section 1. CONSULTANT acknowledges that the project as defined in this Agreement between CONSULTANT and CITY, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. CONSULTANT shall perform all work on the project as a public work. CONSULTANT shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
Section 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
Section 3. CONSULTANT shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to CITY prior to the effective date of this Agreement. CONSULTANT shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. CONSULTANT and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If CONSULTANT or any subcontractor cease to be registered with DIR at any time during the duration of the project, CONSULTANT shall immediately notify CITY.
Section 4. Pursuant to Labor Code Section 1771.4, CONSULTANT’s services are subject to compliance monitoring and enforcement by DIR. CONSULTANT shall post job site notices, as prescribed by DIR regulations.
Section 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. CONSULTANT acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONSULTANT shall post such rates at each job site covered by this Agreement.
Section 6. 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. CONSULTANT shall, as a penalty to the CITY, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by CONSULTANT or by any subcontractor..
Section 7. CONSULTANT shall comply with and be bound by the provisions of Labor Code Section 1776, which requires CONSULTANT and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the CITY of the location of the records.
Section 8. CONSULTANT shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. CONSULTANT shall DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 15 B0785-0001\2696172v5.doc
Section 9. 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 days after concluding work pursuant to this Agreement, CONSULTANT and each of its subcontractors shall submit to the CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
Section 10. CONSULTANT acknowledges that eight hours labor constitutes a legal day’s work.
CONSULTANT shall comply with and be bound by Labor Code Section 1810. CONSULTANT shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. CONSULTANT shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by CONSULTANT or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of CONSULTANT in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
Section 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONSULTANT hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to 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.”
Section 12. For every subcontractor who will perform work on the project, CONSULTANT shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and CONSULTANT shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. CONSULTANT shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and 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 failure.
Section 13. To the maximum extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend (at CONSULTANT’s expense with counsel reasonably acceptable to the CITY) the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONSULTANT, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of CONSULTANT under this Section shall survive termination of the Agreement.
DocuSign Envelope ID: 9EF97099-2109-47E1-8D7E-3321B5284651 Certificate Of Completion
Envelope Id: 9EF97099210947E18D7E3321B5284651 Status: Sent Subject: Please DocuSign: Cannon Corporation - Summit/Laurel Easement Restoration Source Envelope:
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Certificate Pages: 3 Initials: 0 Erin Justus
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
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Status: Original
8/3/2022 10:23:04 AM
Holder: Erin Justus
[email protected]
Location: DocuSign
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Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
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Larry Kraemer
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Director, Public Infrastructure
Cannon
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Michael Cannon
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Deborah R. Hakman for
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Daren Grilley
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Shana E. Epstein
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Director of Public Works
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Logan Phillippo
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Senior Management Analyst
City of Beverly Hills
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Sandy Hodge
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