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COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM PROFESSIONAL DESIGN SERVICES
AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
NICHOLS CONSULTING ENGINEERS, CHTD. (NCE)
2300 E. KATELLA AVENUE, SUITE 125
ANAHEIM, CA 92806
This Professional Service Agreement (“the Agreement”) is made as of November 13, 2024 (the “Effective Date”), by and between Nichols Consulting Engineers, Chtd. (“Consultant”), a Nevada corporation and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).
Attachment 3
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RECITALS
A. City has entered into Agreement with the United States of America through its Department of Housing and Urban Development (HUD) to execute the LOS ANGELES COUNTY Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, Public Law 93-383, as amended, hereinafter called the “Act” and
B. City wishes to engage the Consultant to assist City in utilizing such funds; NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services (“Services”) set forth in the attached Exhibit A with FY 2024-25 CDBG Program funds in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant Program:
A. Activities: The ADA Sidewalk Ramp project includes the design and construction of ADA-compliant sidewalk ramps at specific locations to improve access and safety of pedestrians.
B. Levels of Accomplishment: Consultant agrees to provide the following levels of program service:
Purchase Total Units per Year
Project Plans and Specifications 1
1.2. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations. The full language of federal laws and clauses related to the CDBG program and applicable to this agreement is included in Exhibit C.
1.3. Consultant shall not be compensated for any work performed unless it is specified in Exhibit A or City authorizes such work in advance and in writing. Any work so authorized by City shall become part of the Services for purposes of this Agreement. 3 of 15
2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through June 30, 2025 unless sooner terminated as provided in Section 5.0 of this Agreement.
3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $47,195. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing. Pursuant to Section
02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services greater than thirty thousand dollars ($30,000.00).
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for two years following the expiration or earlier termination of this Agreement.
5.0 Termination
5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five (5) calendar days before the termination is to be effective.
5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.
5.3. Upon termination of this Agreement, Consultant shall cease all work under this Agreement and deliver to City all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. City shall pay Consultant for all services satisfactorily rendered through the last working day this Agreement is in effect; provided that in no event, including but not limited to termination, 4 of 15
shall Consultant be entitled to receive more than the maximum compensation set forth in Section 3. Neither party shall have any other claim against the other party by reason of termination pursuant to this Section 5.0.
6.0 Reports, Information and Work Product
6.1. Consultant shall deliver to City: (1) any reports on the status of the Services upon City’s request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City’s request and/or upon the expiration or termination of this Agreement.
6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made.
Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.
6.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose.
Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product produced under this Agreement. If any use by city of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. 5 of 15
6.4. Consultant’s obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.
7.0 Party Representatives
7.1. City’s representative for purposes of this Agreement is the City Manager or the person designated in writing by the City Manager. The City Manager’s designee may exercise the authority of the City Manager provided in this Agreement excepting approval of any expenditure that would exceed a total compensation allowed under the Agreement.
7.2. Jim Bui is Consultant’s representative for purposes of this Agreement.
8.0 Notices
8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager
To Consultant: NCE
2300 E. Katella Ave. Suite 125
Anaheim, CA 92806
Attn: Jim Bui
8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.0 Independent Consultant
9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
9.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent 6 of 15
contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s personnel practices.
City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
All duties of Consultant under this Section 9.2 shall survive termination of this Agreement.
9.3. In the event that Consultant provides any of the Services by or through any employee or any person whose work under this Agreement becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, Consultant shall be solely responsible for all such payments or contributions. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s failure to make any such payment or contribution. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section 9.3 shall survive termination of this Agreement.
10.0 Subcontractors
Unless otherwise specified in Exhibit A, no portion of this Agreement shall be subcontracted without the prior written approval of the City Manager. Consultant is fully responsible to City for the performance of any and all subcontractors, if any.
11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City Manager. Any purported assignment without such consent shall be void and without effect.
12.0 General Conditions
12.1 General Compliance: Consultant agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this contract. The full language of federal laws and clauses applicable to this agreement is included in Exhibit C.
12.2 Conflict of Interest: Consultant affirms that in the procurement of this contract, there was no apparent or real conflict of interest as outlined in 2 CFR Part 200.318 c(1)(2)
12.3 County Lobbyist Ordinance: Consultant affirms that in the procurement and performance of this contract, it was and is in compliance with Los Angeles County 7 of 15
Ordinance No. 93-0031
12.4 Awards to Parties on Federal Excluded Parties List (EPLS): Consultant affirms that it is not on the Federal Excluded Parties List, and agrees to comply with 2 CFR Part 200 – Appendix II(A) which prohibits Federal funds as contract awards to any entity on the Federal Excluded Parties List maintained on www.sam.gov
12.5 Amendments: City or Consultant may amend this agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations, and approved by the City’s governing body. Such amendments shall not invalidate this Agreement for relieve or release the City or Consultant from its obligations under this Agreement.
City may, at its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of, the activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendments signed by both the City and Consultant.
12.6 Suspension or Termination: Either party may terminate this contract at any time given written notices to the other party of such termination and specifying the effective date thereof at least 30 days before the effective date such as termination. Partial terminations of the Scope of Service in Paragraph 1.A above may only be undertaken with the prior approval of the City. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other material reported by Consultant under this Agreement shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination.
The City may also suspend or terminate this Agreement, in whole or in part, if Consultant materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein; and the City may declare the Consultant ineligible for any further participation in the City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe the Consultant is incompliant with any applicable rules or regulations, the City may withhold up to fifteen percent (15) of said contract funds until such time as the Consultant is found to be in compliance by the City, or is otherwise adjudicated to be in compliance.
13.0 Administrative Requirements
13.1 Documentation and Record-Keeping
A. Records to be Maintained: In accordance with Federal regulations specified in 24 CFR 85.36(i)(10) the Consultant shall maintain all records that are 8 of 15
pertinent to the activities to be funded under this Agreement. Records to be maintained include, but are not limited to, books, documents, papers, and records of the consultant which are directly pertinent to the contract for the purpose of auditing.
B. Retention: As specified by the Los Angeles County Auditor-Controller (Administration Handbook, Accounting and Financial Reporting, Section 3.1, Retention), the Consultant shall retain all records pertinent to expenditures incurred under this contract for a period of five (5) years after final payment and all other pending matters are closed.
13.2 Reporting and Payment Procedures
A. Reporting: Consultant shall provide all requested documentation resulting throughout the course of or under contract to City B. Payment: The City will pay to the Consultant funds available under this contract based upon information submitted by the Consultant and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Consultant.
14.0 Personnel & Participant Conditions
14.1 Conduct
A. Subcontracts: Consultant shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the City prior to execution of such agreement.
B. Content: Consultant shall cause all of the provisions of the contract in its entirety to be included in and made part of any subcontract executed in the performance of this agreement.
C. Patent Rights: If this contract results in any discovery or invention which may develop in the course of the contract, the City reserves the right to royalty-free, nonexclusive, and irrevocable license to use and to authorize others to use, the work for government purpose.
D. Copyright: If this contract results in any copyrightable material, the City and/or grantor agency reserves the right to royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use and to authorize other to use, the work for government purpose.
E. Anti-Discrimination: The Consultant agrees to comply with the following Federal anti-discrimination provisions as applicable in performance of this contract:
1. Title VI of the Civil Rights Act of 1964
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2. Title I of the Housing and Community Development Act of 1974,Section 109 as amended
3. Age Discrimination Act of 1975
4. Rehabilitation Act of 1973, Section 504
15.0 Insurance
15.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements, including but not limited to additional insured endorsements, effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City, if requested.
All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers licensed to do business in California with a current A.M. Best’s rating no less than A:VIII unless otherwise approved in writing by City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability Coverage form (CG 0001); (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance; (3) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, (4) Professional Liability: Insurance Services Office Professional Liability Coverage form RHIC 6101. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance with limits of at least $1,000,000) per occurrence; (3) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (4) Professional Liability: $1,000,000 per claim/aggregate.
15.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled by Consultant except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including 10 of 15
breaches of warranties, shall not affect coverage provided to City, its directors, officials, or officers; (3) coverage shall be primary insurance as respects City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant’s scheduled underlying coverage and that any insurance or self-insurance maintained by City, its directors, officials, officers, employees, agents and volunteers shall be excess of Consultant’s insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible.
15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its directors, officials, officers, employees, agents, and volunteers.
15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City Manager. Consultant guarantees that, at the option of the City Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its directors, officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
15.6. Consultant waives any right to subrogation that any insurer of Consultant may acquire by virtue of payment of any loss under the policies required by this Agreement. Consultant shall obtain any endorsement that may be necessary to affect this waiver of subrogation.
16.0 Indemnification, Hold Harmless, and Duty to Defend
16.1. Indemnity for Design Professional Services. To the maximum extent permitted by law, and to the extent caused by the acts or omissions of Consultant, its employees, or its agents in connection with the performance of design professional services under this Agreement, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, volunteers, and agents serving as independent contractors in the role of City officials (collectively, “Indemnitees”), with respect to any and all claims, demands, causes of action, costs, expenses liability, loss, damage or injury in law or equity, to property or persons, including wrongful death, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses (collectively, “Claims” hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, that 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. With respect to such Claims, 11 of 15
Consultant shall, at its own cost, expense, and risk, defend Indemnitees in any action or actions filed in connection with any Claims with counsel of Indemnitees’ choice, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees to the extent caused by the acts or omissions of Consultant, its employees, or its agents, as determined by judicial decision or agreement of the Parties.
16.2. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by Subsection 13.1, Consultant shall, to the maximum extent permitted by law, defend, indemnify, and hold Indemnitees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant’s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement
16.3. Consultant must obtain executed indemnity agreements with provisions identical to those in Sections 13.1 and 13.2 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of the Services. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless, and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged, or threatened, arising or claimed to arise out of, pertaining to, or relating to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their respective officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
17.0 Equal Opportunity
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, 12 of 15
ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
18.0 Labor Certification
18.1. By its signature hereunder, Consultant certifies it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code. Consultant shall provide evidence of such coverage before commencing the performance of the Services.
18.2. Consultant certifies that in the performance of this Services, Consultant shall not, in any manner, employ any person or contract with any person so that any Services so performed by such person would be subject to the workers’ compensation laws of the State of California unless and until Consultant gives City a certificate of consent to self-insure, or a certificate of Workers' Compensation Insurance Coverage.
18.3. In the event Consultant hires a subcontractor who has employees to perform the Services or any part thereof, then Consultant shall either require the subcontractor to obtain Workers’ Compensation Insurance Coverage, or must obtain Workers’ Compensation Insurance Coverage for the subcontractor’s employees.
18.4. Any Workers’ Compensation Insurance Coverage required by or for this Agreement shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, its agents, and its subcontractors.
19.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
20.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.
21.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
22.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
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23.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
24.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
25.0 Force Majeure
Consultant shall not be liable for any failure to perform any obligation under this Agreement if Consultant presents that City in its sole judgment deems acceptable that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
26.0 Final Payment Acceptance Constitutes Release
Consultant’s acceptance of City’s final payment under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for the Services or anything done or furnished relating thereto. Neither City’s payment to Consultant nor approval of payment constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such or payment or approval be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
27.0 Prohibited Interests; Conflict of Interest
27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 14 of 15
27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.
28.0 Attorneys’ Fees
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.
29.0 Exhibits
Each exhibit referenced in this Agreement is hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
30.0 Corporate Authority
30.1. Each person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of Consultant and that by his or her execution, Consultant is formally bound to the provisions of this Agreement.
30.2. Consultant certifies it is aware of the requirements of Sections 313 of the California Corporations Code. If Consultant is a corporate entity, it shall either: (a) provide City written proof that each person executing this Agreement on Consultant’s behalf is duly authorized to bind Consultant; or (b) provide two signatories to this Agreement, of whom the first must be Consultant’s chairman of the board, president, or a vice president and the second who must be Consultant’s secretary, an assistant secretary, its chief financial officer, or an assistant treasurer..
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.
CITY OF SAN MARINO
By:_________________________
Philippe Eskandar,
City Manager
Attest:
By:_________________________
City Clerk
Approved as to Form:
By:_________________________
Joe Montes
City Attorney
CONSULTANT
By:_____________________________ (Sign)
Name:__________________________ (Print)
Title: __________________________ (Print)
By:_____________________________ (Sign)
Name:__________________________ (Print)
Title: __________________________ (Print)
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Exhibit A
Scope of Services
See next page
City of San Marino
PS&E Services for CDBG ADA Ramp Project
RFQ/RFP 2024-RFP-004D
P a g e | 24
Proposed Approach
Based on our review of the City’s Request for Proposal we understand the City is seeking civil engineering services for the design of the City’s 2024 CDBG ADA Ramp Project. This includes design of up to 21 curb ramps based on the intersection list provided in the RFP. The City’s estimated design and construction budget is approximately $350,000 for both design and
construction services.
In developing our proposal approach, NCE conducted a desktop review of the locations provided in the RFP to further understand the topography and constraints. Situated primarily along Huntington Drive, a primary thoroughfare, most of the curb ramps should have adequate sidewalk width for the design and
development of ADA curb ramps. Most of the intersection corners are adjacent to residential properties, and a wide parkway strip will assist in the development of proposed curb ramps. Therefore, we do not anticipate any ROW acquisition or ROW design services as part of this project.
Of these locations, 21 locations, 4 have an existing curb ramp with a heavily damaged detectable warning surface (DWS).
If the overall layout of these 4 ramps meets current standards, they may be candidates for retrofit installation of cast-inplace DWS, helping the City save construction money. The curb ramp inspections will be accomplished by means of engineering field tools including smart levels, measuring wheels, and tape measures in conjunction with publicly available aerial imagery to develop an approximate aerial basemap. The curb ramp designs will be accomplished by developing streamlined curb ramp “standard plan” layouts based on the latest Caltrans Standard Plans or other City Standards as required. No detailed topographic surveying or design of elevations will be provided.
Where intersection corners include adjacent commercial properties or businesses such as the intersections of Westhaven Drive and Bedford Rd, NCE will attempt to minimize potential conflicts with existing structures. Where the corners include traffic signals such as the intersections of S. Oak Knoll Avenue and Granada Avenues, NCE will discuss potential coordination and adjustment of pedestrian push buttons.
Scope of Services
Task 1: Project Management & Meetings
NCE’s Project Manager will serve as the City’s single point of contact and will have primary responsibility for coordinating the efforts of the project team. Specific project management tasks to be conducted by NCE’s Project Manager include monthly budgeting, invoicing, scheduling, and general project administration. NCE’s Project Manager will arrange a kickoff meeting with the City to initiate the work. The objectives of the kick-off meeting will be:
Review of the scope of work.
Establish paths of communication.
Review project schedule and critical milestones.
Review project requirements, including design objectives, budget, constraints, and criteria. The City’s requirements will be further defined during the meeting. Review and discussion of the pertinent City standards, ADA provisions, and practices. Review City Standard Design Criteria and latest City-adopted formats. Obtain electronic file of City cover sheet template and CAD Standards.
City of San Marino
PS&E Services for CDBG ADA Ramp Project
RFQ/RFP 2024-RFP-004D
P a g e | 25
At the kick-off meeting, key deliverables for each Task and the Project Schedule will be reviewed and adjusted accordingly to meet City needs.
The following meetings are included in the scope: Kick-Off/Preliminary meeting (1 hour) and two one-hour Progress meetings. The purpose of these meetings will be to identify and resolve design issues that may surface, present design alternatives and recommendations, and continue coordination with project stakeholders, as necessary.
Deliverables:
One (1) Kick-Off/ Preliminary meeting agendas and minutes. One (2) Progress meeting agendas and minutes.
Revised schedule of work after finalizing our scope with the City and period schedule updates as required.
Task 2: Utility Coordination (OPTIONAL)
Although few utilities exist on the sidewalk, some utilities may be found within the larger curb ramp footprint. Due to this reason, NCE (generally) assumes the City will conduct the minimally required utility coordination directly. However, NCE has included an optional task for minimal utility coordination effort to assist the City as needed. As part of this task, NCE will assist the City coordinate with utility agencies to help avoid potential construction delays and unnecessary disruptions to public services.
NCE will utilize a City-provided utility contact list and prepare a single Utility “A Letter” on City letterhead for City distribution. Working with other agencies, we have observed that utility letters receive more prompt attention when distributed by a City. This can also help avoid utility agencies assessing additional mapping and reproduction costs, thus resulting in cost-effective utility coordination. NCE will then track the progress of inbound and outbound responses in a utility tracking matrix and provide to the City to avoid utility-related bidding and construction delays.
Deliverables:
Utility Notification “A Letters” and Utility Contact Matrix.
Task 3: Plans, Specifications & Estimates
Task 3.A. Design Data Gathering
We assume that the curb ramps will be designed from field inspections and key layout information and that they may be field fit during construction with only basic design information. We assume that no detailed topographic surveying, utility work beyond minor adjustment of frames and covers to grade, drainage analysis, or larger intersection geometric design is required.
For each curb ramp NCE’s staff will collect key curb ramp layout information including the curb height on both sides of the proposed ramp, sidewalk widths, landscaping/hardscaping, prevailing sidewalk slope, adjacent pavement slopes for required asphalt conforms. The presence of major utilities such as catch basins, traffic signals, existing striping, manholes, and utility vaults or pull boxes will also be noted during our inspection, which are surface visible. Also, a representative photo will be taken at each corner location.
Task 3.B. 90% PS&E
With the collected information, a basic layout of the proposed curb ramps will be developed by one of our designers.
Curb ramp layouts will denote sufficient information collected for an experienced curb ramp Contractor to field-fit and install a curb ramp per Caltrans Standard Plan A88A “Curb Ramp Details”, or similar City standard curb ramp details.
The layouts will use the City’s standard title block and be on 22” x 34” sheets at a 1” = 5’ scale or similar. A basic Title Sheet with general construction notes will be prepared. NCE will prepare a simplified engineer’s estimate of probable City of San Marino
PS&E Services for CDBG ADA Ramp Project
RFQ/RFP 2024-RFP-004D
P a g e | 26
construction cost with the 1 primary bid item for the curb ramps, and other basic bid items per the City’s standard bidding process such as mobilization or traffic control.
NCE understands that the City will provide the “Front-End” documents and Special Provisions. The technical specifications will be prepared in MS Word format using the latest technical specifications prepared by NCE for the City’s FY2022-2023 Street Rehabilitation Project, which included numerous technical updates by NCE from the City’s older technical specifications to be compatible with the 2021 Greenbook.
Development of the 60% draft PS&E package will also incorporate an internal quality-control (QC) review by senior staff.
Once the internal QC is done, we will prepare a 60% draft PS&E package for the City’s review and comment.
Anticipated Curb Ramp Plan List:
(1) – Title Sheet with Location Map.
(1) – Notes, Legend, and Abbreviations Sheet.
(Up to 4) – Curb Ramp Layout Sheets (with 6 layouts per sheet). 90% Deliverables:
One (1) electronic copy of the 60% Draft Plans (PDF), Engineer’s Estimate of Probable Construction Cost (PDF) and Technical Specifications (MS Word).
Task 3.D. Final PS&E
The Final PS&E will be prepared to incorporate design review and constructability comments received from the City. NCE will meet with the City to review these comments, from which the Final PS&E will be prepared. This will include finalizing the curb ramp design and resolution of identified conflicts with existing utilities. The Final PS&E will be finalized, stamped and signed by a registered professional engineer and packaged in a bid-ready format.
Final Deliverables:
One (1) electronic copy of the Final Plans (PDF), Engineer’s Estimate of Probable Construction Cost (PDF) and Technical Specifications (MS Word).
Task 4: Bidding and Construction Support (OPTIONAL)
Although not required under the RFP’s Scope of Services, NCE often recommends the inclusion of design services during bidding and construction. As an optional task, NCE will provide bidding and construction support to the City and City’s Construction Manager. At a minimum, the bidding support services are anticipated to include attendance at the preconstruction conference, responding to one round of written contractor’s inquiries from a question and answer (Q&A) phase, providing revisions to the bid documents due to clarifications from the Q&A phase, and preparing up to 1 Bid Document Addendum.
At a minimum, the construction support services are anticipated to include attendance at the construction kick-off meeting, responding to contractor requests for information (RFI’s) and providing recommendations for necessary changes to the construction documents due to unforeseen field conditions. Construction support will also include material submittal review for conformance with the Technical Specifications.
For a typical curb ramp project, we anticipate the following material submittals to be reviewed by NCE:
Curb Ramp PCC Mix Design.
ADA Detectable Warning Surface Submittal.
Permanent Pavement Striping and Markings Submittal.
Deliverables:
As-needed bidding Q&A responses and bid document addenda (up to 2). As-needed RFI responses and submittal review during construction. 14 of 15
Exhibit B
Fee Schedule
See next page
Task Description
Project
Manager
QC/QA
Manager
Project
Engineer II
Project
Engineer I
Staff
Engineer II
Staff
Engineer I
Senior Field
Technician
Technical
Editor
Labor
Expenses
Reimbursable
Expenses Total Cost
Rate $205 $275 $190 $175 $165 $150 $130 $100
1. Project Management & Meetings
A. Project Management & Meetings 6 4 4 $ 2,390 $ 200 $ 2,590 Sub-Total 6 0 4 0 0 0 0 4 $ 2,390 $ 200 $ 2,590
2. Utility Coordination (Optional)
A. Utility "A" Letters 2 24 2 $ 4,570 $ 400 $ 4,970
Sub-Total 2 0 0 0 24 0 0 2 $ 4,570 $ 400 $ 4,970
3. Plans, Specifications & Estimates
A. Design Data Gathering 2 40 2 $ 7,210 $ 400 $ 7,610
B. 90% Draft PS&E 8 8 19 50 2 $ 15,900 $ 400 $ 16,300
C. Final PS&E 6 6 14 29 2 $ 10,525 $ 200 $ 10,725
Sub-Total 16 14 33 0 119 0 0 6 $ 33,635 $ 1,000 $ 34,635
4. Bidding and Construction Support
(Optional)
A. Design Services During Bidding 2 2 1 $ 890 $ 200 $ 1,090 B. Design Services During Construction 6 8 4 1 $ 3,510 $ 400 $ 3,910 Sub-Total 8 0 10 0 4 0 0 2 $ 4,400 $ 600 $ 5,000
Total Without Optional Tasks 22 14 37 0 119 0 0 10 $ 36,025 $ 1,200 $ 37,225 Total With Optional Tasks 32 14 47 0 147 0 0 14 $ 44,995 $ 2,200 $ 47,195 Jim Bui, PE Vivek Jha, PE (MD)
Project Manager Principal & Souther California Operations Manager City of San Marino
PS&E Services for CDBG ADA Curb Ramp Project
Pricing Proposal
October 24, 2024
Labor Hours
SCHEDULE OF CHARGES 2024
PROFESSIONAL SERVICES
Principal...................................................................... $275/hour Associate .................................................................... $245/hour Senior II ..................................................................... $205/hour Senior I ...................................................................... $195/hour Project II .................................................................... $190/hour Project I ..................................................................... $175/hour Staff II ....................................................................... $165/hour Staff I ........................................................................ $150/hour
TECHNICAL SERVICES
Senior Construction Manager*........................ $170/($195-PW)/hour Construction Inspector* ................................ $150/($175-PW)/hour Senior Designer ........................................................... $180/hour CADD Designer ............................................................ $160/hour CADD/GIS Technician ................................................... $135/hour Senior Field Scientist .................................................... $145/hour Field Scientist.............................................................. $125/hour Senior Technician* ....................................... $130/($175-PW)/hour Field/Engineering Technician* ......................... $110/($150-PW)hour Project Administrator .................................................... $130/hour Technical Editor ........................................................... $115/hour Clerical ....................................................................... $115/hour
CONTRACT LABOR
From time to time, NCE retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at regular Schedule charges.
LITIGATION SUPPORT
Engineer/Scientist ........................................................ $415/hour Court Appearances & Depositions ................................... $575/hour
EQUIPMENT
Plotter Usage............................................. (separate fee schedule) Truck ...........................................................................$125/day Automobile................................... IRS Standard Mileage Rate+15% Falling Weight Deflectometer Testing .............................$4,500/Day Coring .......................................................................$5,500/Day Environmental Equipment............................ (separate fee schedule)
OUTSIDE SERVICES
Rental of equipment not ordinarily furnished by NCE and all other costs such as special printing, photographic work, travel by common carrier, subsistence, subcontractors, etc....................................cost + 15%
COMMUNICATION/
REPRODUCTION
In-house costs for postage, printing and copying .. .......................... .......................................................... project labor charges x 5% TERMS
Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1.5% per month, or the maximum amount allowable by law, will be charged on past-due accounts. NCE makes no warranty, either expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they are prepared and issued in accordance with generally accepted professional practice.
*A surcharge of $25/hour applied for technicians and construction inspectors to comply with Prevailing Wage (PW) per requirements of California Department of Industrial Relations. 15 of 15
Exhibit C
CDBG Clauses (full language)
See following page
Required Federal Provisions for Professional Services and Construction Agreements/Contracts
Conflict of Interest No employee, officer, or agent must participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest.
[2 CFR Part 200.318(c)(1)(2)]
Title VI of the Civil Rights
Act of 1964 (as amended)
The CONTRACTOR agrees to comply with prohibition of discrimination on the basis of race, color, or national origin in all HUD-assisted programs. [24 CFR Part 1.4]
Title I of Housing &
Community Development
Act of 1974, Section 109
(as amended)
The CONTRACTOR agrees to comply with prohibition of discrimination on the basis of race, color, national origin, disability, age, religion, and sex within Community Development Block Grant (CDBG) programs or activities. [24 CFR Part 6.4]
Age Discrimination Act of
1975 (as amended)
The CONTRACTOR agrees to comply with prohibition of discrimination on the basis of age in programs and activities receiving federal financial assistance.
[42 U.S.C. §§ 6101 – 6107]
Rehabilitation Act of 1973,
Section 504 (as amended)
The CONTRACTOR agrees to comply with prohibition of disability discrimination and impose accessibility standards on housing and non-housing programs receiving Federal financial assistance.
[24 CFR Part 8.5]
Section 3 of the HUD Act
of 1968
(required for construction
projects funded at or over
$200,000)
The CONTRACTOR agrees that when new jobs or contracts are created as a result of the usage of certain HUD funds (including Public and Indian Housing funds), priority consideration is given, to the greatest extent feasible, to low- and very low-income persons residing in the community in which the funds are spent and to businesses that provide economic opportunities for these persons. [24 CFR Part 135.38]
Copeland “Anti-Kickback”
Act
(required for all construction
contracts and subcontracts)
The building CONTRACTOR or SUBCONTRACTOR is prohibited from inducing an employee into giving up any part of the compensation that he or she is entitled to under the terms of his or her employment contract.
[18 U.S.C. §874 and 40 U.S.C. §3145]
Davis-Bacon and Related
Acts
(required for all construction
contracts in excess of
$2,000 or residential
rehabilitation contracts of
eight or more units on same
or adjacent lots)
All laborers and mechanics employed by CONTRACTOR and SUBCONTRACTOR in the performance of construction work financed in whole or in part with assistance received under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a276a-5); Provided, That this section shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. [29 CFR Parts 1,3,5]
Sections 103, 107 of
Contract Work Hours &
Safety Standards Act
(required for construction
over $2,000. Enforcement of
this provision begins at
contracts greater than
$100,000 in value. Labor
violations on contracts less
than $100,000 may be
The CONTRACTOR and SUBCONTRACTOR pay overtime compensation for workers who work over 40 hours in a 7-day workweek. If the CONTRACTOR fails to pay overtime, the CONTRACTOR will be assessed liquidated damages, at $25 per workday, per person, where the worker was permitted to work overtime without being properly compensated for contracts greater than $100,000 in value. Labor violations on contracts less than $100,000 may be addressed under the Fair Labor Standards Act.
[40 U.S.C §§ 3700-3708]
addressed under the Fair
Labor Standards Act.)
Federal Byrd AntiLobbying Amendment
(Applicable to contracts
$100,000 and over.)
The CONTRACTOR affirms that in the procurement and performance of this contract, it was and is in compliance with the Byrd Anti-Lobbying Amendment. [31 U.S.C. 1352]
Executive Order 11246 –
Equal Opportunity
(required for all construction
contracts)
1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The CONTRACTOR will, in all solicitations or advancements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR’s legal duty to furnish information.
4. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the CONTRACTOR’s commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The CONTRACTOR will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The CONTRACTOR will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of the CONTRACTOR’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The CONTRACTOR will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
[Amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966–1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971]
Executive Order 11738 –
Environmental
Debarments
(required for all contracts
over $150,000)
The CONTRACTOR affirms that it does not have a conviction and/or Federal debarment for an offense under section 113(c)(1) of the Air Act or section 309(c) of the Water Act and agrees to comply with Federal Air Act and Water Act regulations and requirements.
[38 FR 25161, 3 CFR, 1971-1975 Comp., p. 799]
Clean Air, Water Pollution
Control Acts
(required for all contracts
over $150,000)
The CONTRACTOR and SUBCONTRACTOR agree to comply with the Clean Air and Water Pollution Control Acts requirements as applicable in the performance of this contract.
[33 U.S.C. §1251 et seq.]
Patent Rights & Copyrights The CONTRACTOR agrees that results in any discovery, invention or copyrightable material which may develop in the course of or under contract, the CITY/AGENCY reserves the right to royalty-free, non-exclusive and irrevocable license to use and to authorize others to use, the work for government purpose. [24 CFR Part 85.36(i)]
Energy Policy Act (for
applicable contracts)
The CONTRACTOR agrees to comply with the Energy Policy Act and its requirements in the performance of this contract.
[42 USC §13201 et seq.]
Awards to Parties on
Federal Excluded Parties
List (EPLS)
The CONTRACTOR affirms that it is not on the Federal Excluded Parties List and agrees to comply with 2 CFR Part 200 – Appendix II(A), which prohibits Federal funds as contract awards to any entity on the Federal Excluded Parties List maintained on https://sam.gov/content/entity-information. [2 CFR Part 200 – Appendix II(A)]
3636 Nobel Drive, Suite 410 ▪ San Diego, CA 92122
(858) 336-3406 Mobile ▪ (619) 574-6220 Office ▪ (619) 574-6288 Fax CA Offices Also Located in Aliso Viejo, Pleasanton, Sacramento & Santa Barbara Other Offices Nationwide ▪ www.ioausa.com ▪ CA License# 0E67768 October 23, 2024
Project: The City of San Marino- Los Angeles County Community Development Block Grant Re: Nichols Consulting Groug
To Whom It May Concern:
This is to confirm that Nichols Consulting Group will have the ability to meet all insurance limit requirements at the time of the contract award.
Please let me know if you need anything further.
Respectfully,
T. Kelly Howell, CIC
IOA Insurance Services
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
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The ACORD name and logo are registered marks of ACORD
10/23/2024
License # 0E67768
(858) 754-0063 50233 (619) 574-6288
13056
Nichols Consulting Engineers, CHTD
300 E. 2nd Street, Suite 1210
Reno, NV 89501
11380
A 1,000,000
X X PSB0003222 5/17/2024 5/17/2025 1,000,000
Cont Liab/Sev of Int 10,000
1,000,000
2,000,000
2,000,000
Ded 0
A 1,000,000
X X PSA0001184 5/17/2024 5/17/2025
Comp.: $500 Coll.: $500
A 5,000,000
PSE0003030 5/17/2024 5/17/2025 5,000,000
A
X PSW0001955 5/17/2024 5/17/2025 1,000,000
1,000,000
1,000,000
B Prof. / Poll. Liab. USF00807824 5/17/2024 Per Claim 5,000,000 B Ded.: $50k Per Claim USF00807824 5/17/2024 5/17/2025 Aggregate 5,000,000 Re: The ADA Sidewalk Ramp project
The City of San Marino and the City of Los Angeles and Department of Housing and Urban Development are Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions.
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
NICHCON-02 MCCOWANA
IOA Insurance Services
3636 Nobel Drive
Suite 410
San Diego, CA 92122
Erica Wilson
[email protected]
RLI Insurance Company
Fireman's Fund Indemnity Corporation
X
5/17/2025
X
X
X
X
X
X X
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