▪ Failure to comply with apprenticeship requirements.
▪ Failing to report all workers on certified payrolls.
• FAILURE TO COMPLY WITH WORKFORCE DEVELOPMENT AND FORMAL
APPRENTICESHIP PROGRAMS
MPE has not made a good faith effort to participate and invest in Local Workforce Development, nor have they participated in local hiring of workers in the community through formal and recognized pre-apprenticeship programs and formal apprenticeship programs for specific apprenticeable crafts. They have failed to request, employ, train, and pay the proper prevailing wages to apprentices.
• LITIGATION AND PRIVATE ATTORNEY GENERAL ACT (PAGA) LAWSUITS MPE has history of litigation and PAGA related lawsuits filed with the State of California, brought forth from workers who have been victims of wage theft. Private litigation and PAGA supporting documentation are attached for your review.
Please contact our office with questions, comments, or clarifications.
Sincerely,
Jesse Jimenez
Executive Director
Case: 1089SJ
cc: City of Marina – Mayor and Councilmembers
Bruce Carlos Delgado – Email: [email protected]
Cristina Medina Dirksen – Email: [email protected] Brian McCarthy – Email: [email protected]
Kathy Y. Biala – Email: [email protected]
Liesbeth Visscher – Email: [email protected]
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28 ELECTRONICALLY FILED BY
Superior Court of California,
County of Monterey
On 5/3/2017 10:04:03 AM
By: Jessica Ray, Deputy
17CV001603
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EXHIBIT B
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EXHIBIT C
TO STAFF REPORT
FORM OF CONTRACT
FOR
Imjin Parkway Widening Project
THIS AGREEMENT, made and entered into this ... ___________________ 2023, by and between The City of Marina, a municipal corporation of the State of California, hereinafter called "City of Marina” or “City” and Monterey Peninsula Engineering or "Contractor," W I T N E S S E T H:
FIRST: Contractor hereby covenants and agrees to furnish and provide all labor, materials, tools, appliances, equipment, plant and transportation, and all other things required or necessary to be furnished, provided or done, and build, erect, construct and complete the work at the time and in the manner provided, and in strict accordance with the plans and specifications therefore, for PROJECT adopted by the Council of the City of Marina on ............. .
SECOND: It is expressly understood and agreed that this contract consists of the following documents, all of which are incorporated into this agreement and made a part hereof as fully and completely as if set forth herein verbatim, to wit:
a. Accepted Proposal;
b. Proposal Guaranty Bond;
c. Contract Agreement;
d. Performance Bond;
e. Bond for Labor and Material;
f. Proposal Supplement Including an Experience Statement and List of Proposed Subcontractors;
g. These Plans and Specifications;
h. The California State Standard Specifications and Standard Details 2018; and i. Insurance.
THIRD: That said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work embraced and contemplated in this Agreement and as set forth in the Proposal adopted by the City of Marina, a true copy thereof hereto attached, also, for all loss or damage arising out of the nature of said work, or from the action of the elements or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until the acceptance thereof by the City of Marina and for all risk connected with the work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the said Plans and Specifications and the provisions of this Agreement, and the requirements of the Engineer under them, to wit:
The prices as set forth in the Proposal of said Contractor for the work to be constructed and completed under this Agreement, which prices shall be considered as though repeated herein.
Twenty-Seven Million Seven Hundred Eighty-Two Thousand Fifty-Eight Dollars and Forty- Seven Cents
($ 27,782,058.47)
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The undersigned Contractor further agrees to so plan the work and to prosecute it with such diligence that said work, and all of it, shall be completed on or before the expiration of the time specified in the Special Provisions after execution of the contract on behalf of the City of Marina and the receipt from the City of Marina of a notice to proceed with the work.
FOURTH: ........... The City of Marina hereby promises and agrees with said Contractor to employ, and does hereby employ, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Specifications; and the said parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
.. FIFTH: No interest in this agreement shall be transferred by the Contractor to any other party, and any such transfer shall cause the annulment of this contract, so far as the City of Marina is concerned. All rights of action, however, for any breach of this contract are reserved to City.
SIXTH: Contractor shall keep harmless and indemnify the City of Marina, its officers and employees and agents, from all loss, damage, cost or expense that arises or is set up for infringement of patent rights of anyone for use by the City of Marina, its officers, employees or agents, of articles supplied by the Contractor under this contract, of which he is not entitled to use or sell. Contractor agrees to, at his own cost and expense, defend in court the City, its officers, agents and employees, in any action which may be commenced or maintained against them or any of them, on account of any claimed infringement of patent rights, arising out of this agreement.
SEVENTH: The Contractor agrees to immediately repair and replace all defective material and workmanship discovered within one year after acceptance of final payment by Contractor and to indemnify said City of Marina against all loss and damage occasioned by any such defect, discovered within said year, even though the damage or loss may not be ascertained until after the expiration thereof. Provided, however, that if such failure of the Contractor to perform should not, by reasonable diligence, be discoverable or discovered within said one year, then the obligation of the Contractor to repair and replace said defective material or workmanship shall continue until one year after the actual discovery thereof.
EIGHTH: The Contractor agrees at all times during the progress of the work to carry with insurance carriers approved by the City of Marina full coverage workmen's compensation and public liability insurance in the form and to the extent called for in Section 7-1.06 of the Standard Specifications, State of California, 2018 Edition. Such insurance policy shall contain an endorsement that the same shall not be canceled nor the amount of coverage be reduced until at least 30 days after receipt by the City of Marina by certified or registered mail of a written notice of such cancellation or reduction in coverage.
NINTH: Contractor agrees to comply with all applicable federal, state and municipal laws and regulations, including but not limited to California Labor Code Division 2, Part 7, Chapter 1 regarding Public Works and Public Agencies.
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TENTH:
ATTORNEY’S FEES. In the event of any controversy, claim or dispute relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney’s fees and costs.
ELEVENTH:
COMPLIANCE WITH PROVISIONS OF LAW.
a) The City is subject to laws relating to public agencies which are part of this contract as though fully set forth herein.
b) Contractor shall comply with City of Marina Municipal Code Chapter 13.02 Local Hiring for Public Works.
c) Contractor shall comply with laws relating to the work.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first above written.
CONTRACTOR
CITY OF MARINA
By: ____________________________ By: Layne P. Long, City Manager Print Name: _____________________ Date: _______________________
Address: _______________________
_______________________
Date: __________________________
APPROVED AS TO FROM:
By: ____________________________
City Attorney
By: _________________________
Date: __________________________ Date: _______________________ ATTESTED:
By: ____________________________
Anita Shepherd-Sharp
Deputy City Clerk
Date: __________________________ Resolution No. 2023-_____
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EXHIBIT D TO
STAFF REPORT
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Project Overview
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Improvements
• Widen to four lanes
• Install four roundabouts
• Install mixed use path
• On-street buffered bike
lanes
• Stormwater treatment
areas
• Retaining and sound walls
• Landscaping and irrigation
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Corridor Layout
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Corridor Layout
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Corridor Layout
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Funding
AmountFunding SourceComponent
$2.00 millionL ocal Impact FeeConstruction
$18.25 millionM easure X
$20.25 millionSenate Bill 1 (SB1)
Local Partnership Program (LPP)
$40.5 millionTOTAL
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