1 AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND HUNT DESIGN ASSOCIATES, INC.
THIS AGREEMENT FOR PROJECT SERVICES (this "Agreement”) is made between the City of Redondo Beach, a Chartered Municipal Corporation ("City") and HUNT DESIGN ASSOCIATES, Inc., a California Corporation (“Contractor" or “Consultant”).
The parties hereby agree as follows:
A. Description of Project or Scope of Services. The project description or scope of services to be provided by Contractor, and any corresponding responsibilities of City or services required to be performed by City are set forth in Exhibit "A”.
B. Term and Time of Completion. Contractor shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
C. Compensation. City agrees to pay Contractor for work performed in accordance with Exhibit "C”.
* * * * *
GENERAL PROVISIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Contractor shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement.
Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Contractor shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials shall be specific for the project herein and shall not be used by the City for any other project without Contractor's consent. Notwithstanding the foregoing, Contractor shall not be obligated to assign any proprietary software or data developed by or at the direction of Contractor for Contractor's own use; provided, however, that Contractor shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data. 2 4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice. Inspections by the City shall not relieve or minimize the responsibility of Contractor to conduct any inspections Contractor has agreed to perform pursuant to the terms of this Agreement. Contractor shall be solely liable for said inspections performed by Contractor. Contractor shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Contractor hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C”, the City in its sole discretion may, upon notice to Contractor, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Contractor's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Contractor.
6. Records. Contractor, including any of its subcontractors, shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Contractor, including any of its subcontractors, shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Contractor's completion of performance of this Agreement. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be provided for by a subsequent written amendment executed by City and Contractor.
8. Additional Assistance. If this Agreement requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Contractor acknowledges, represents and warrants that Contractor is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession.
10. Business License. Contractor shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such 3 license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. In the event of any such termination, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and (2) necessary materials or services of others ordered by Contractor for this Agreement prior to Contractor’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Contractor is not able to cancel such orders.
Compensation for Contractor in such event shall be determined by the City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination.
Contractor shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages, if any, sustained by the City by virtue of Contractor's breach of this Agreement.
13. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that Contractor has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, agents, and designated volunteers (collectively, “Indemnitees”), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys’ fees and costs of defense, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. 4 15. Insurance. Contractor shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and non-discrimination laws.
18. Limitations upon Subcontracting and Assignment. Contractor acknowledges that the services which Contractor shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Contractor, Contractor shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Contractor and subcontractor. Any attempt by Contractor to assign any or all of its rights under this Agreement without first obtaining the City’s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Contractor or twenty-five percent (25%) or more the voting control of Contractor (whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement. Further, the involvement of Contractor or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Contractor’s assets occurs, which reduces Contractor’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Contractor shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Contractor shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
5 22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Contractor.
23. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs. This provision shall survive the termination of this Agreement.
30. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
31. Interpretation. Contractor acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; 6 and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping. Contractor shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
7 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 15th day of February, 2022.
CITY OF REDONDO BEACH HUNT DESIGN ASSOCIATES, INC.
__ __ By: _______________________
William C. Brand, Mayor Name: _______________________
Title: _______________________
ATTEST:
__________________________
Eleanor Manzano, City Clerk
APPROVED:
__________________________
Diane Strickfaden, Risk Manager
APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
8 EXHIBIT "A"
PROJECT DESCRIPTION AND SCOPE OF SERVICES
PROJECT DESCRIPTION
Consultant shall provide Signage Design consultant services for the City Transit Center located at 1521 Kingsdale Avenue, Redondo Beach, CA 90278 (“City Transit Center”).
SCOPE OF SERVICES
Contractor’s Duties
TASK A - Design Development, Construction Documents, and Implementation of the Redondo Beach Transit Center Signage Package:
1. Review Signage Identified in Exhibit F and G and recommend modifications. Signage package also includes interior Building signage.
2. Develop conceptual designs into final detailed designs reflecting actual wording and visual content including color and materials recommendations and relationship to existing site and/or landscaping elements.
3. Prepare design-intent fabrication and installation drawings necessary to solicit bids and select sign vendor including typical sign location plans.
4. Signs must meet all applicable codes and standards including California Building Code, and ADA and be consistent with the adopted City of Redondo Beach Signage Design Program.
5. There have been other code required signs in the project selected by others. There may be options that need to be selected such as color and size. Consultants may be asked to select such options for signage design uniformity throughout project.
TASK B - Bid and Construction Support
1. Assist City in preparation of Bid Documents
2. Respond to questions from bidders/sign contractors.
3. Assist in reviewing bids from sign contractors for adherence to scope. Review suggested alternates.
4. Answer Requests for Information (RFIs) and Review submittals including shop drawings, color and materials samples and mock-ups provided by sign contractors for conformance with the Construction Documents.
5. Assist in administration and inspection for installation.
6. Prepare “punch list” of items requiring post installation attention by sign contractor.
7. Submittal reviews shall include product data and review of conformance to the Construction Documents. This may include substitution requests.
8. Sheet revisions shall be issued via numbered Bulletin and formatted per industry standard as directed by Project Manager. Bulletin number shall be obtained from Construction Manager.
9 9. RFI and submittal responses shall be issued within seven (7) days to avoid construction delay.
10. All RFI or Submittal responses expected to cause project delay or increase project costs must be reviewed with the City prior to issuance.
11. City shall be informed of all substitutions or revisions that occur during construction that result in a credit to the City.
12. Obtain RFI and Submittal schedule from Construction Manager on a weekly basis to track the status of unanswered RFIs and Submittals.
10 EXHIBIT "B"
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall commence February 15, 2022 and expire April 30, 2023 (“Term”), unless otherwise terminated as herein provided. Notwithstanding the foregoing, Consultant shall be prepared to begin all duties described in Exhibit “A” within ten (10) days of City’s Notice to Proceed. Upon City Manager’s recommendation to the Mayor, the City, at its sole discretion may renew this Agreement, in writing, pursuant to the same terms and conditions for an additional twelve (12) months.
11 EXHIBIT "C"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
A. Amount. Compensation provided to Consultant pursuant to this Agreement shall not exceed $24,000.
Consultant shall be paid in accordance with the following hourly rate schedule:
Staff Hourly Rate
Principal $ 175.00
Designer $ 140.00
Draftsman/Technical Detailer $ 110.00
Production Designer $ 110.00
B. METHOD OF PAYMENT. Consultant shall provide monthly invoices indicating the services and tasks performed, and hourly rate, hours worked, and staff assigned during the prior month to City for approval and payment. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back-up material upon request.
C. SCHEDULE FOR PAYMENT. Consultant shall be paid within thirty (30) days of City’s receipt of monthly invoice, provided, however, that services are completed to the City’s reasonable satisfaction.
D. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Hunt Design
88 N Fair Oaks Avenue, #105
Pasadena, CA 91103
Attention: Jennifer Bressler
City: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Jun Fujita Hall
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail.
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
12 EXHIBIT “D”
INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor’s indemnification obligations under this Agreement, Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
13 General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor’s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
14 Risk Management
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
15 EXHIBIT “E”
Federally Required and Other Model Clauses
Table of Contents (Appendix A - Governing Documents)
1) Incorporation of Federal Transit Administration (FTA) Terms 2) Federal Changes
3) No Federal Government Obligation to Third Parties
4) Access to Records and Reports
5) Fly America
6) Energy Conservation
7) Government-Wide Debarment and Suspension
8) Program Fraud and False or Fraudulent Statements and Related Acts 9) Civil Rights Laws and Equal Opportunity
10) Disadvantaged Business Enterprises (DBE)
11) Prompt Payment
12) Veteran’s Employment
13) Termination
16 14)
1) Incorporation of Federal Transit Administration (FTA) Terms Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 2) Federal Changes
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.
3) No Federal Government Obligation to Third Parties.
The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the City, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 4) Access to Records and Reports
a) Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, subagreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records.
b) Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
c) Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required.
d) Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required.
17 5) Fly America
a) Definitions. As used in this clause:
“International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.
“United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411. b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Governmentfinanced international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreignflag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.
d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:
Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal effects) or property by U.S.- flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:
(End of statement)
e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation.
18 6) Energy Conservation
Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
7) Government-Wide Debarment and Suspension
Debarment, Suspension, Ineligibility and Voluntary Exclusion The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180.
These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:
(a) Debarred from participation in any federally assisted Award; (b) Suspended from participation in any federally assisted Award; (c) Proposed for debarment from participation in any federally assisted Award; (d) Declared ineligible to participate in any federally assisted Award; (e) Voluntarily excluded from participation in any federally assisted Award; or (f) Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal, the Contractor certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City.
If it is later determined by the City that the Contractor knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
8) Program Fraud and False or Fraudulent Statements and Related Acts The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
19 The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
9) Civil Rights Laws and Equal Opportunity
The City is an Equal Opportunity Employer. As such, the City agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the City agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.
Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.
1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following:
employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and 20 prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 10) Disadvantaged Business Enterprise (DBE)
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).
Finally, for contracts with defined DBE contract goals, each FTA recipient must include in each prime contract a provision stating that the contractor shall utilize the specific DBEs listed unless the contractor obtains the City’s written consent; and that, unless the City’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).
1. Overview
It is the policy of the City and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts. It is also the policy of the City to:
a. Ensure nondiscrimination in the award and administration of DOT-assisted contracts; b. Create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts;
c. Ensure that the DBE program is narrowly tailored in accordance with applicable law; d. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBE’s;
e. Help remove barriers to the participation of DBEs in DOT assisted contracts; f. To promote the use of DBEs in all types of federally assisted contracts and procurement activities; and
g. Assist in the development of firms that can compete successfully in the marketplace outside the DBE program.
This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. The City shall make all determinations with regard to whether or not a Contractor is in compliance with 21 the requirements stated herein. In assessing compliance, the City consider during its review of the Contractor’s submission package, the Bidder/Offeror’s documented history of non-compliance with DBE requirements on previous contracts with the City.
2. Contract Assurance
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the City deems appropriate.
3. DBE Participation
For the purpose of this Contract, the City will accept only DBE’s who are:
a. Certified, at the time of bid opening or proposal evaluation, by Los Angeles Metropolitan Transportation Authority, City of Los Angeles, or the California Unified Certification Program (CUCP); or
b. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or c. Certified by another agency approved by the City.
4. DBE Participation Goal
The City of Redondo Beach DBE participation Overall Goal is 21% and the contract goal is 0%. This goal represents those elements of work for FTA-assisted contracting opportunities by the City performed by qualified Disadvantaged Business Enterprises.
Although the City has not established a contract-specific Disadvantaged Business Enterprise (DBE) goal for this FTA federally funded project, bidders are encouraged to take all reasonable steps to obtain DBE participation and ensure that DBEs can fairly compete for and perform on the City’s federally funded contracts and subcontracts as set forth in Part 26, Title 49 CFR.
22 5. Proposed Submission
Each Contractor, as part of its submission, shall supply the following information:
a. A completed DBE Utilization Form that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises under this Contract.
b. A list of those qualified DBE’s with whom the Contractor intends to contract for the performance of portions of the work under the Contract, the agreed price to be paid to each DBE for work, the Contract items or parts to be performed by each DBE, a proposed timetable for the performance or delivery of the Contract item, and other information as required by the DBE Participation Schedule. No work shall be included in the Schedule that the Contractor has reason to believe the listed DBE will subcontract, at any tier, to other than another DBE. If awarded the Contract, the Contractor may not deviate from the DBE Participation Schedule submitted in response to the bid. Any subsequent changes and/or substitutions of DBE firms will require review and written approval by the City.
c. An original DBE Letter of Intent from each DBE listed in the DBE Participation Schedule.
d. An original DBE Affidavit from each DBE stating that there has not been any change in its status since the date of its last certification.
6. Good Faith Efforts
If the Contractor is unable to meet the goal set forth in the DBE Participation Goal, the City will consider the Contractor’s documented good faith efforts to meet the goal in determining responsiveness. The types of actions that the City will consider as part of the Contractor’s good faith efforts include, but are not limited to, the following:
a. Documented communication with the City’s DBE Coordinator (questions of IFB or RFP requirements, subcontracting opportunities, appropriate certification, will be addressed in a timely fashion);
b. Pre-bid meeting attendance. At the pre-bid meeting, the City generally informs potential Contractors of DBE subcontracting opportunities; c. The Contractor’s own solicitations to obtain DBE involvement in general circulation media, trade association publication, minority-focus media and other reasonable and available means within sufficient time to allow DBEs to respond to the solicitation;
d. Written notification to DBE’s encouraging participation in the proposed Contract; and e. Efforts made to identify specific portions of the work that might be performed by DBE’s.
The Contractor shall provide the following details, at a minimum, of the specific efforts it made to negotiate in good faith with DBE’s for elements of the Contract:
a. The names, addresses, and telephone numbers of DBE’s that were contacted; b. A description of the information provided to targeted DBE’s regarding the specifications and bid proposals for portions of the work; c. Efforts made to assist DBE’s contacted in obtaining bonding or insurance required by the Bidder or the Authority.
Further, the documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted when a non-DBE subcontractor was selected 23 over a DBE for work on the contract. 49 C.F.R. § 26.53(b) (2) (VI). In determining whether a Bidder has made good faith efforts, the Authority may take into account the performance of other Bidders in meeting the Contract goals. For example, if the apparent successful Bidder failed to meet the goal, but meets or exceeds the average DBE participation obtained by other Bidders, the Authority may view this as evidence of the Bidder having made good faith efforts.
7. Administrative Reconsideration
Within five (5) business days of being informed by the City that it is not responsive or responsible because it has not documented sufficient good faith efforts, the Contractor may request administrative reconsideration. The Contractor should make this request in writing to the City. The City will forward the Contractor’s request to a reconsideration official who will not have played any role in the original determination that the Contractor did not document sufficient good faith efforts.
As part of this reconsideration, the Contractor will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The Contractor will have the opportunity to meet in person with the assigned reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. The City will send the Contractor a written decision on its reconsideration, explaining the basis for finding that the Contractor did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation.
8. Termination of DBE Subcontractor
The Contractor shall not terminate the DBE subcontractor(s) listed in the DBE Participation Schedule without the City’s prior written consent. The City may provide such written consent only if the Contractor has good cause to terminate the DBE firm.
Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the City in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with Section 10 below (Sanctions for Violations).
9. Continued Compliance
The City shall monitor the Contractor’s DBE compliance during the life of the Contract. In the event this procurement exceeds ninety (90) days, it will be the responsibility of the Contractor to submit quarterly written reports to the City that summarize the total DBE value for this Contract. These reports shall provide the following details:
a. DBE utilization established for the Contract;
b. Total value of expenditures with DBE firms for the quarter; c. The value of expenditures with each DBE firm for the quarter by race and gender; d. Total value of expenditures with DBE firms from inception of the Contract; and e. The value of expenditures with each DBE firm from the inception of the Contract by race and gender.
24 Reports and other correspondence must be submitted to the DBE Coordinator with copies provided to the City. Reports shall continue to be submitted quarterly until final payment is issued or until DBE participation is completed.
The successful Contractor shall permit:
a. The City to have access to necessary records to examine information as the City deems appropriate for the purpose of investigating and determining compliance with this provision, including, but not limited to, records of expenditures, invoices, and contract between the Contractor and other DBE parties entered into during the life of the Contract.
b. The authorized representative(s) of the City, the U.S. Department of Transportation, the Comptroller General of the United States, to inspect and audit all data and record of the Contractor relating to its performance under the Disadvantaged Business Enterprise Participation provision of this Contract. c. All data/record(s) pertaining to DBE shall be maintained as stated in Section
4. Access to Records and Reports.
10. Sanctions for Violations
If at any time the City has reason to believe that the Contractor is in violation of its obligations under this Agreement or has otherwise failed to comply with terms of this Section, the City may, in addition to pursuing any other available legal remedy, commence proceedings, which may include but are not limited to, the following:
a. Suspension of any payment or part due the Contractor until such time as the issues concerning the Contractor’s compliance are resolved; and b. Termination or cancellation of the Contract, in whole or in part, unless the successful Contractor is able to demonstrate within a reasonable time that it is in compliance with the DBE terms stated herein.
11) Prompt Payment
1. Prompt Payment to Subcontractors
a. The Contractor is required to pay all Subcontractors for all work that the Subcontractor has satisfactorily completed, no later than thirty (30) business days after the Contractor has received payment from the City.
b. In addition, all Retainage amounts must be paid by the Contractor to the Subcontractor no later than thirty (30) business days after the Subcontractor has, in the opinion of the City Engineer, satisfactorily completed its portion of the Work. c. A delay in or postponement of payment to the Subcontractor requires good cause and prior written approval of the City Engineer.
d. The Contractor is required to include, in each subcontract, a clause requiring the use of appropriate arbitration mechanisms to resolve all payment disputes. e. The City will not pay the Contractor for work performed unless and until the Contractor ensures that the Subcontractors have been promptly paid for the work they have performed under all previous payment requests, as evidenced by the filing with the City of lien waivers, canceled checks (if requested), and the Contractor’s sworn statement that it has complied with the prompt payment requirements. Contractor must submit a prompt payment affidavit, (form to be provided by the City) which identifies each subcontractor (both DBE and non-DBE) and the date and amount of the last payment to such subcontractor, with every payment request filed with the City, except for the first payment request, on every contract with the City. f. Failure to comply with these prompt payment requirements is a breach of the Contract, which may lead to any remedies permitted under law, including, but not limited to, Contractor debarment. In addition, Contractor’s failure to promptly pay its Subcontractors is subject to the provisions of 50 ILCS 505/9. 25 2. Reporting Requirements During the Term of the Contract a. The Contractor shall, within thirty (30) business days of contract award, or prior to any work being performed, execute formal subcontracts or purchase orders with the DBE firms included in the bid. These written agreements shall be made available to the City. All contracts between the Contractor and its subcontractors must contain a prompt payment clause as set forth in Section 28 herein. b. During the term of annual contracts, the Contractor shall submit regular "Status Reports of DBE Subcontract Payments" in a form acceptable to the City. The frequency with which these reports are to be submitted will be determined by the City but in no event will reports be required less frequently than quarterly. In the absence of written notice from the City the Contractor’s first “Status Report of DBE Subcontract Payments” will be due ninety (90) days after the date of contract award, with additional reports due quarterly thereafter. c. In the case of a one-time procurement with either a single or multiple deliveries, a “Status Report of DBE Subcontract Payments,” in a form acceptable to the City, indicating final DBE payments shall be submitted directly to the City. The information must be submitted prior to or at the same time as the Contractor’s final invoice to the City department identified in the solicitation. (NOTICE: The original invoices must be submitted directly to the City’s department identified in the contract documents and the Status Report of DBE Subcontract Payments must be submitted directly to the Project Manager. Failure to follow these directions may delay final payment. d. The address for the City: City of Redondo Beach, 415 Diamond Street, Redondo Beach, CA 90277
12) Veteran’s Employment
As provided by 49 U.S.C. § 5325(k):
a. To the extent practicable, Contractor agrees that it:
1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the skills and abilities required to perform construction work required under a third party contract in connection with a capital project supported with funds made available or appropriated for 49 U.S.C. chapter 53, and
2. Will not require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee, and b. Contractor also assures that its sub-contractor will:
1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the skills and abilities required to perform construction work required under a third party contract in connection with a capital project supported with funds made available or appropriated for 49 U.S.C. chapter 53, to the extent practicable, and
2. Will not require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.
13) Termination
1. Termination for Convenience (General Provision)
The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the City’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City to be paid the Contractor. If the Contractor has any property in its possession belonging to City, the Contractor will account for the same, and dispose of it in the manner City directs. 26 2. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.
3. Opportunity to Cure (General Provision)
The City, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City from also pursuing all available remedies against Contractor and its sureties for said breach or default.
4. Waiver of Remedies for any Breach
In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by City shall not limit City’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.
5. Termination for Convenience (Professional Service Contracts) The City, by written notice, may terminate this contract, in whole or in part, when it is in the City’s interest. If this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
27 EXHIBIT A
FEDERAL TRANSIT ADMINISTRATION REQUIREMENT CERTIFICATIONS The Contractor certifies that the materials/supplies offered in this procurement comply with all FTA Requirements and Regulations incorporated in Agreement Sections1 through 13 and listed below:
□ 1. Incorporation of Federal Transit Administration (FTA) Terms □ 2. Federal Changes
□ 3. No Government Obligation to Third Parties
□ 4. Access to Records and Reports
□ 5. Fly America
□ 6. Energy Conservation
□ 7. Government-wide Debarment and Suspension
□
8. Program Fraud and False or Fraudulent Statements and Related Acts
□ 9. Civil Rights Laws and Equal Opportunity
□ 10. Disadvantaged Business Enterprises (DBE)
□ 11. Prompt Payment
□ 12. Veteran’s Employment
□ 13. Termination
Date: __________________________________
Signature: _______________________________
Company Name: __________________________
Title: ___________________________________
28 PROMPT PAYMENT AFFIDAVIT
Contractor will place a check in the appropriate box below that applies to this payment request.
Re: Payment Request No. _______
I, _______________________________________ (Name), the
_________________________________ (Title - e.g., President, Vice President, etc.) of _________________________________ ("Company"), do state the following with regard to payments made under Contract No. ______________________ ("Contract"):
1. ____Subcontractors, at the first tier, both DBE and non-DBE, who completed work and were listed for payment on the prior Payment Request No. _______, were paid no later than thirty (30) business days after Contractor received payment from City.
2. ____Copies of invoices and cancelled checks for subcontractors at the first tier who were paid under the prior payment request have been delivered or mailed to the City. In addition, Contractor has attached to the current Payment Request all lien waivers for prior subcontractor payments and any other documentation required by City. (Failure to attach all required documentation to the Payment Request or forward cancelled checks and invoices to the City may cause the Payment Request to be rejected by City.)
3. ____All retainage amounts withheld from any subcontractor who satisfactorily completed its portion of the contract work, including punch list items, were paid to the subcontractor(s) no later than thirty (30) business days after it satisfactorily completed its work, whether or not City has paid said retainage amounts to Contractor. Attach a copy of the cancelled check evidencing payment of each retainage amount.
4. ____There was no delay in or postponement of any payment owed to a subcontractor, whether periodic payment or retainage amount, except for good cause and after receipt of prior written approval from the City.
5. ____The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the Contractor’s receipt of payment for that work from the City. In addition, the Contractor is required to return any retainage payments to those subcontractors after the subcontractor's work related to this contract is satisfactorily completed and within 30 days of Contractor’s receipt of the partial retainage payment related to the subcontractor’s work. Attach a copy of the written approval from the City.
________________________________________
Company Name
________________________________________
Signature
________________________________________
Print Name
Date: _______________________
Subscribed and sworn to before me this ________day of ________ 20__. 29 DBE
UTILIZATION
FORM
The undersigned Bidder/Offeror has satisfied the requirements of the solicitation in the following manner (please check the appropriate space):
_________ The Bidder/Offer is committed to a minimum of _______% DBE utilization on this contract.
Signature: _______________________________
Company Name: __________________________
Title: ___________________________________
- 30 -
DBE PARTICIPATION SCHEDULE
The Bidder/Offeror shall complete the following information for all DBE’s participating in the contract that comprises the DBE Utilization percent stated in the DBE Utilization Form. The Bidder/Offeror shall also furnish the name and telephone number of the appropriate contact person should the Authority have any questions in relation to the information furnished herein.
DBE IDENTIFICATION AND INFORMATION FORM
Name and Address
Contact Name and
Telephone
Number
Participatio
n Percent
(Of Total
Contract
Value)
Description Of Work To Be
Performed
89.64 24"GRATE
89.99 FL
90.37 TC 89.83 FL
FL
ARTESIA BOULEVARD KINGSDALE AVE
TYPE A
DIRECTIONAL SIGN
TYPE A
DIRECTIONAL SIGN
ARTESIA SIGNAGE PLAN
100009619
CALIFORNIA
REVISIONS CITY OF REDONDO BEACH
DATE DESCRIPTION
DRAWN CHECKED SCALE
APPROVED BY DATE
PROJECT NO. SHEET NO.
OF SHEETS
DRAWING NO.
AS SHOWN
CITY ENGINEER - RCE #
JM JFH
PACIFIC ARCHITECTURE AND ENGINEERING, INC
2447 PACIFIC COAST HIGHWAY, SECOND FLOOR
HERMOSA BEACH, CA 90254
SOUTH BAY REGIONAL
INTERMODAL TRANSIT CENTER
2/9/2021 1 SCALE: 1" = 20'-0"
ARTESIA SIGNAGE PLAN
2/12/20 BULLETIN 18
A-701
SIGNAGE SITE PLAN SCALE TYPE A SIGN DETAIL N.T.S.
A PIPE PER MANUFACTURER CAP PER MANUFACTURER FINISH FLR 6- #5 VERT. 4- #3 TIES @4" 24" OR SPECIFIED BY MANUFACTURER BUS STOP NUMBER (MIN. 2"Ø STEEL PIPE OR 2 x 2 x 3/16") PUBLIC WORKS DEPARTMENT CALIFORNIA CITY OF REDONDO BEACH ENGINEERING SERVICES DIVISION REVISIONS DATE DESCRIPTION DRAWN CHECKED SCALE APPROVED BY DATE PROJECT NO. SHEET NO. DRAWING NO. CITY ENGINEER - RCE # 23232 PERALTA, #112
LAGUNA HILLS CA. 92653
(949)833-9900, Fax (949)833-9909
Civil/Structural Consulting Engineers
S a b e r i
& A S S O C I A T E S , I N C . 18
SIGNAGE
SITE PLAN & DETAIL STRUCTURAL STEEL 1. FABRICATION AND ERECTION: IN ACCORDANCE WITH AISC 360-10 "SPECIFICATION FOR STRUCTURAL STEEL BUILDINGS" AND ADDITIONAL REQUIREMENTS IN CBC CHAPTER 22. 2. STRUCTURAL STEEL: CONFORMS TO THE FOLLOWING ASTM STANDARD SPECIFICATIONS, UNLESS NOTED OTHERWISE: STRUCTURAL STEEL UNLESS NOTED BELOW......ASTM A572, GRADE 50 PIPES................................ASTM A53, GRADE B (35 KSI) TUBES..............................ASTM A500, GRADE B (46 KSI) ANCHOR BOLTS OR UNFINISHED MACHINE BOLTS.........ASTM A307 PLATES, THREATED ROUND STOCK...................................ASTM A36 FURNISH READILY IDENTIFIABLE STRUCTURAL STEEL IN COMPLIANCE WITH CBC SECTION 2203. 3. ALL EXPOSED STRUCTURAL STEEL SHALL BE EITHER PAINTED OR GALVANIZED FOR CORROSION PROTECTION, HOT-DIPPED GALVANIZED TO COMPLY WITH ASTM A123. MINIMUM 1.07Z/SQ FT GALVANIZED COATING. TOUCH UP ALL DAMAGED COATED AFTER INSTALLATION. 4. HIGH STRENGTH BOLTS, NUTS AND WASHERS: SPECIFICATION FOR STRUCTURAL JOINTS USING ASTM A325 OR A490 BOLTS; AND CBC CHAPTER 22, A. TYPE: ASTM A325, BEARING TYPE WITH THREADS INCLUDED IN SHEAR PLANE (A325-N), UNLESS NOTED OTHERWISE. PROVIDE SLIP-CRITICAL HIGH STRENGTH BOLTS (A325-SC) ONLY WHERE SPECIFICALLY INDICATED. B. TIGHTENING: SNUG TIGHT FOR A325-N BOLTS. TIGHTEN A325-SC BOLTS TO AT LEAST THE MINIMUM PROPER TENSION USING ONE OF THE FOLLOWING TIGHTENING METHODS: TURN-OF-NUT, CALIBRATED WRENCH OR DIRECT TENSION INDICATOR TIGHTENING. 5. SHOP DRAWINGS: SUBMIT TO ARCHITECT (STRUCTURAL ENGINEER) FOR REVIEW AND, UPON REQUEST, TO GOVERNING CODE AUTHORITY. STRUCTURAL STEEL WELDING 1. WELDING STANDARD: ANSI/AWS D1.1-08 EXCEPT AS AMENDED IN CBC CHAPTER 22. 2. WELDING: A. PRE-QUALIFIED WELDS: ALL WELDS SHALL BE PRE-QUALIFIED IN COMPLIANCE WITH WELDING STANDARDS. B. NON PRE-QUALIFIED WELDS: QUALIFY BY TEST AND PROCEDURE QUALIFICATION TEST RECORD COMPLYING WITH WELDING STANDARD. C. WELDER CERTIFICATION: GOVERNING CODE AUTHORITY. D. SHOP WELDING: PERFORM ON PREMISES OF AN APPROVED FABRICATOR AS DEFINED IN CBC SECTION 1704.2.2. E. SHOP AND FIELD WELD IDENTIFICATION ON DRAWINGS: NO ATTEMPT IS MADE TO DIFFERENTIATE BETWEEN SHOP AND FIELD WELDED CONNECTIONS. 3. WELDING PROCEDURE SPECIFICATION (WPS): SUBMIT FOR REVIEW AND ACCEPTANCE TO ARCHITECT (STRUCTURAL ENGINEER) AND GOVERNING CODE AUTHORITY COMPLYING WITH WELDING STANDARD PRIOR TO FABRICATION. INCLUDE A COPY OF ELECTRODE MANUFACTURER'S TECHNICAL INFORMATION AND CERTIFICATE OF CONFORMANCE. PROVIDE THE FOLLOWING INFORMATION FOR EACH WELD TYPE AND POSITION: A. SKETCH OF JOINT INDICATING JOINT GEOMETRY AND APPLICABLE DIMENSIONS, WELD TYPE AND SIZE, AND SEQUENCE OF WELD DEPOSITION. INCLUDE MAXIMUM LAYER THICKNESSES AND BEAD WIDTHS. IN NO CASE SHALL LAYER THICKNESS EXCEED 1/4 INCH, NOR SHALL BEAD WIDTH EXCEED 5/8 INCH. B. BASE METAL TYPES AND THICKNESS. C. APPLICABLE WELD PROCESS (SMAW OR FCAW). D. FILLER METAL AND ELECTRODE SPECIFICATION AND CLASSIFICATION INCLUDING DETAILS OF SHIELDING MATERIAL. ELECTRODE DIAMETER SHALL NOT EXCEED PRE-QUALIFIED LIMITS INDICATED IN WELDING STANDARD, PARAGRAPHS 4.6.3, 4.7.3,
4.14.1.2 AND 4.14.1.3, AS APPLICABLE. FOR FCAW PROCESS, MAXIMUM ELECTRODE SIZE SHALL NOT EXCEED 1/8 INCH. ELECTRODES SHALL BE LOW HYDROGEN TYPES. E. ELECTRICAL CHARACTERISTICS FOR WELD PROCESS USED SUCH AS TYPE OF CURRENT AND ACCEPTABLE RANGE OF CURRENT MEASURED IN FEED PROCESS, INDICATE MANUFACTURER RECOMMENDED WIRE SPEED, MELT OFF RATE AND DEPOSITION RATE. 4. TESTING LABORATORY: WILL VERIFY FOR COMPLIANCE WITH ACCEPTED WPS AND WILL PROMPTLY NOTIFY ARCHITECT (STRUCTURAL ENGINEER) IF DEVIATIONS ARE FOUND.
10. CONDUITS, PIPES, AND SLEEVES: DO NOT EMBED OTHER THAN ELECTRICAL CONDUITS, 1 INCH OUTSIDE DIAMETER AND SMALLER IN STRUCTURAL CONCRETE. LOCATE ELECTRICAL CONDUIT 4 INCHES APART MINIMUM AND WITHIN MIDDLE THIRD OF MEMBER. 11. CONSTRUCTION JOINTS: ROUGHEN SURFACE TO A 1/4 AMPLITUDE THOROUGHLY CLEAN, REMOVE LAITANCE AND THOROUGHLY WET AND REMOVE STANDING WATER BEFORE PLACING NEW CONCRETE. 12. CURING: MAINTAIN CONCRETE ABOVE 50 DEGREES FAHRENHEIT AND IN A MOIST CONDITION FOR A MINIMUM OF 7 DAYS AFTER PLACEMENT UNLESS OTHERWISE ACCEPTED BY ARCHITECT (STRUCTURALENGINEER). 13. CONTINUOUS INSPECTION BY A DEPUTY INSPECTOR IS REQUIRED FOR ALL CONCRETE WITH f'c=2500 PSI AND GREATER. REINFORCING STEEL 1. REINFORCING STEEL: ALL BARS UNLESS INDICATED OTHERWISE...ASTM A615-94, GRADE 60
2. SHOP DRAWINGS: ACI 315, PART B. SHOW PLACEMENT INCLUDING SPLICE
LOCATIONS AND LENGTHS AND SUBMIT TO ARCHITECT (STRUCTURAL ENGINEER). PROMPTLY NOTIFY ARCHITECT (STRUCTURAL ENGINEER) PRIOR TO DEVELOPING REINFORCING STEEL SHOP DRAWINGS IF INSUFFICIENT CLEAR DISTANCES BETWEEN REINFORCING STEEL OR OTHER CONGESTION IS ENCOUNTERED. 3. SPLICE LOCATIONS: AS SHOWN ON DRAWINGS. IF LOCATIONS CANNOT BE DETERMINED, VERIFY WITH ARCHITECT (STRUCTURAL ENGINEER) PRIOR TO DEVELOPING SHOP DRAWINGS. 4. LAP LENGTHS: AS SHOWN ON DRAWINGS. IF LAP LENGTHS CANNOT BE DETERMINED, VERIFY WITH ARCHITECT (STRUCTURAL ENGINEER) PRIOR TO DEVELOPING SHOP DRAWINGS. LAP WIRE FABRIC 1-1/2 SPACES (1 FOOT MINIMUM). 5. MINIMUM CLEARANCES BETWEEN PARALLEL REINFORCING STEEL INCLUDING SPLICE BARS: 1 INCH OR 1 BAR DIAMETER, WHICHEVER IS GREATER, 1-1/2 INCHES OR 1-1/2 BAR DIAMETER, WHICHEVER IS GREATER, AT COLUMNS ONLY. FOR BUNDLED BARS, MINIMUM CLEAR DISTANCES BETWEEN UNITS OF BUNDLED BARS SHALL BE SAME AS SINGLE BARS EXCEPT BAR DIAMETER IS DERIVED FOR EQUIVALENT TOTAL AREA OF BUNDLE. 6. MINIMUM CONCRETE COVERAGE: SLABS ON GRADE..............................................CENTER OF SLAB CONCRETE BELOW GRADE, FORMED............2 INCHES CONCRETE BELOW GRADE, UNFORMED.......3 INCHES 7. CHAIRS OR SPACERS: PLASTIC OR PLASTIC COATED WHEN RESTING ON EXPOSED SURFACES. 8. WELDING OF REINFORCING STEEL IS NOT PERMITTED. 9. BENDING: BEND COLD UNLESS OTHERWISE ACCEPTED BY ARCHITECT (STRUCTURAL ENGINEER). FOUNDATION 1. GEOTECHNICAL ENGINEER: RETAINED BY OWNER AND SATISFACTORY TO ARCHITECT (STRUCTURAL ENGINEER) AND GOVERNING CODE AUTHORITY TO PERFORM OBSERVATIONS OF THIS CONTRACT AND CBC SECTION 1701.5.13. 2. APPLICABLE GEOTECHNICAL REPORT: PERFORM SOILS WORK COMPLYING WITH FOUNDATION DESIGN BASED ON RECOMMENDATIONS IN REPORT NO.18206-2000, DATED AUGUST 18, 2009, PREPARED BY WILLDAN GEOTECHNICAL, PHONE NO. 714-634-3318, AND SUBSEQUENT ADDENDA LETTERS. MAINTAIN AT SITE A COPY OF REPORT AND ADDENDA. 3. FOUNDATION DESIGN VALUES: BEARING CAPACITY.............................................1,500 PSF * LATERAL BEARING PRESSURE..........................250 PSF/FT * COEFFICIENT OF FRICTION................................0.4 * SOIL PROFILE TYPE.............................................SD * INCREASE 33 PERCENT FOR SEISMIC OR WIND LOADING. 4. ALL FOOTING SHALL BE FOUNDED ON A MINIMUM OF 2 FEET OF COMPACTED FILL. THE OVER EXCAVATION SHOULD EXTEND LATERALLY BEYOND FOOTING EDGES TO A DISTANCE EQUIVALENT TO THE DEPTH OF OVER EXCAVATION BELOW FOOTING, AND TO A MIN. OF FIVE FEET BEYOND BUILDING PERIMETERS. 5. EXCAVATIONS, BACKFILL AND COMPACTION OF BACKFILL: COMPLY WITH GEOTECHNICAL REPORT AND REQUIREMENTS OF GOVERNING CODE AUTHORITY AND PERFORMED ONLY UNDER OBSERVATION OF GEOTECHNICAL ENGINEER. 6. BUILDING PAD: DEFINED AS AREA UNDER PROPOSED BUILDING. 7. PREPARATION OF EXISTING SOIL UNDER BUILDING PAD: PRIOR TO PLACING BACKFILL, EXPOSED SURFACE SHALL BE OBSERVED BY GEOTECHNICAL ENGINEER. ONCE ACCEPTED, SCARIFY EXPOSED SURFACE TO A DEPTH OF 6 INCHES, BRING SOIL TO APPROXIMATE OPTIMUM MOISTURE CONTENT, AND COMPACT TO 90 PERCENT OR MORE RELATIVE COMPACTION AS EVALUATED BY ASTM D1557. 8. BUILDING PAD BACKFILL SOILS: FILL TO BE ACCEPTABLE TO GEOTECHNICAL ENGINEER PRIOR TO PLACING. COMPACT FILL IN UNIFORM HORIZONTAL LIFTS NOT EXCEEDING 6 INCHES UP TO BUILDING PAD, BRING FILL TO APPROXIMATE OPTIMUM MOISTURE CONTENT, AND COMPACT TO 90 PERCENT OR MORE RELATIVE COMPACTION AS EVALUATED BY ASTM D1557. 9. FOUNDATION EXCAVATIONS: OBSERVED BY AND ACCEPTABLE TO GEOTECHNICAL ENGINEER PRIOR TO PLACEMENT OF FILL, REINFORCING STEEL, OR CONCRETE. FOUNDATIONS ARE TO BEAR ON APPROVED COMPACTED FILL AS INDICATED IN GEOTECHNICAL REPORT. SLOPE SIDES OF EXCAVATION NOT LESS THAN 1 VERTICAL TO 3/4 HORIZONTAL. CAST CONCRETE DIRECTLY AGAINST EXCAVATED SURFACES. 10. MINIMUM FOOTING EMBEDMENT DEPTHS: 18 INCHES BELOW LOWEST ADJACENT GRADE (EXCLUDING LANDSCAPING SOIL) OR FINISH FLOOR, WHICHEVER IS LOWER. WITHIN 5 HORIZONTAL FEET OF THE STRUCTURE. 11. GRADING CONTRACTOR SHALL NOTIFY THE PROJECT SOILS ENGINEER NOT LESS THAN 72 HOURS IN ADVANCE OF THE LOCATION OF ANY SOILS PROPOSED FOR IMPORT SOURCE SHALL BE SAMPLED, TESTED AND APPROVED PRIOR TO DELIVERY OF SOILS OF USE ON THE SITE. CAST-IN-PLACE CONCRETE 1. APPLICABLE STANDARD: ACI 318-08. 2. PORTLAND CEMENT: ASTM C150-09, TYPE I OR TYPE II, LOW ALKALI. (CLASS F FLY ASH MAY BE USED AS CEMENT REPLACEMENT UP TO 25%) 3. NORMAL WEIGHT CONCRETE (145 PCF): ASTM C33 FOR AGGREGATES OF NATURAL SAND AND ROCK. CONCRETE TO ATTAIN THE FOLLOWING 28-DAY MINIMUM COMPRESSIVE STRENGTH (f'c), UNLESS NOTED OTHERWISE: SLAB ON GRADE......3000 PSI CONTINUOUS FOOTING..3000 PSI SPREAD FOOTING....3000 PSI 4. MAXIMUM AGGREGATE SIZE: 1 INCH AT FOUNDATIONS AND SLAB ON GRADES. 5. MAXIMUM SLUMP: 5 INCHES TYPICAL. 4 INCHES IN FLATWORK. 6. MAXIMUM WATER-CEMENT RATIO: 0.45 7. SHRINKAGE: ASTM C157, LIMIT TO 0.055 PERCENT. 8. CONCRETE DESIGN MIX DATA: SUBMIT FOR EACH TYPE AND COMPRESSIVE STRENGTH OF CONCRETE REQUIRED SIGNED AND SEALED BY A REGISTERED CIVIL ENGINEER IN STATE TO ARCHITECT (STRUCTURAL ENGINEER). BASE DESIGN MIX ON FIELD EXPERIENCE OR TRIAL MIXTURES AS STIPULATED IN CBC SECTION 1905A.3. 9. SHOP DRAWINGS: SUBMIT TO ARCHITECT (STRUCTURAL ENGINEER) INDICATING LOCATIONS OF CONCRETE CONSTRUCTION JOINTS PRIOR TO PLACING CONCRETE. LOCATE JOINTS AT LOCATIONS TO MINIMIZE EFFECTS OF SHRINKAGE AS WELL AS BEING PLACED AT POINTS OF LOW STRESS.