ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C7
Prepared by: Erin Adams, Management Analyst Meeting Date: March 22, 2022 Approved by:
John Conley, Director
Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: AS-NEEDED LANDSCAPE ARCHITECTURAL REVIEW SERVICES – AWARD OF
CONTRACT
RECOMMENDATION: Adopt City Council Resolution No. 2022- , awarding a contract to Laurie Levine for as-needed landscape architectural review services.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On June 8, 2021, adopted City Council Resolution No. 2021-89, approving the Fiscal Years 2021/22 and 2022/23 Operating Budget (Vote: 5-0).
On June 8, 2021, adopted City Council Resolution No. 2021-88, awarding a contract to Pamela Elliott Landscape Architects for professional services to provide as-needed landscape architectural review services (Vote: 5-0).
STATEMENT ON THE SUBJECT: Based on limited staff resources and landscape architecture expertise, as well as the volume of new development projects processed by the Planning Division, staff recommends contracting out for landscape architectural review services. In June of 2021, the City awarded a contract to Pamela Elliott Landscape Architects to provide these services. The vendor notified the City of their intent to retire effective April 2022. These services have been critical in reducing the time required to process development applications while ensuring high quality landscape designs.
On February 2, 2022, staff issued a Request for Qualifications (RFQ) for as-needed landscape architectural review services. The RFQ was advertised on the City’s website and the City’s procurement portal, ProcureNow.
The following five firms responded to the RFQ:
Firm Office Location
Integra+ Santa Rosa, CA
Interwest Consulting Group, Inc. Irvine, CA
Laurie Levine Murrieta, CA
NV5, Inc. San Diego, CA
VDLA Landscape Architects Solana Beach, CA
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
03/22/2022 C7 Page 1 of 34
Approved above recommendation, adopted City Council Resolution No. 2022-44.
Vote: 5-0
MEETING DATE: March 22, 2022 PAGE 2
SUBJECT: AS-NEEDED LANDSCAPE ARCHITECTURAL REVIEW SERVICES – AWARD OF
CONTRACT
Staff reviewed the proposals based upon predetermined criteria identified in the RFQ, including overall experience, credentials of key personnel, understanding of the scope of work, and record of performance.
Staff then reviewed the schedule of rates and determined both to be fair and equitable with respect to expertise and geographic region.
Staff recommends awarding the as-needed contract to Laurie Levine for landscape design review, plan check and inspection services with a contract ceiling of $450,000 over a three year period.
FISCAL IMPACT: The as-needed contract has a ceiling of $450,000 over a three-year term with an option to extend up to an additional two years. Purchase orders will be requested on an as-needed basis for anticipated need from the Planning Division’s Professional Services budget Account (No. 0010320.521000). Future operating budgets will include funding necessary for anticipated need.
EXHIBITS:
1. City Council Resolution No. 2022- , awarding a contract to Laurie Levine for as-needed landscape architectural review services
2. Contract with Laurie Levine for as-needed landscape architectural review services 03/22/2022 C7 Page 2 of 34
00106034 2
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AWARDING A CONTRACT TO LAURIE LEVINE FOR
AS-NEEDED LANDSCAPE ARCHITECTURAL REVIEW SERVICES
The City Council of the City of Vista does resolve as follows:
1.Findings. The City Council hereby finds and declares the following:
A.Pursuant to Section 3.08.040 of the Vista Municipal Code, a request for qualifications (RFQ) was issued on February 2, 2022.
B.Five proposals were submitted in response to the RFQ and were evaluated based upon the predetermined set of criteria identified in the RFQ.
C.Staff recommends the selection of Laurie Levine as the consultant to provide as- needed landscape architectural review services.
2.Action.
A.The contract between the City of Vista and Laurie Levine for as-needed landscape architectural review services in the ceiling amount of $450,000 is approved, and the Mayor is authorized to execute the contract.
3.Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on March 22, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
APPROVED
Darold Pieper
20220302111200
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
03/22/2022 C7 Page 3 of 34EXHIBIT 1
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CONTRACT FOR PROFESSIONAL SERVICES
AS-NEEDED LANDSCAPE ARCHITECTURAL SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).
1.0 THE “PARTIES”
The “City”:
CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Patsy Chow
Billing Contact: Patsy Chow
The “Contractor”
LAURIE LEVINE, a sole proprietor
37803 Bear View Circle
Murrieta, CA 92562
Contact: Laurie Levine
2.0 BASIC TERMS
2.1 The “Services” to be performed by Contractor are set forth in (“Exhibit A”).
2.2 The “Required License” for the Services is: California Licensed Landscape Architect.
2.3 Contractor, an entity holding the Required License, desires to enter into this “Contract” with City for the Services.
2.4 The “Project” for which the Services are required is described in Exhibit A.
2.5 Contractor has submitted to City a Proposal to perform the Services dated February 11, 2022 (“Exhibit B”).
2.6 The “Contract Ceiling Price” is: $450,000.
2.7 This Contract requires the payment of prevailing wages. As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the Labor Law Compliance Form (Exhibit D).
3.0 CONTRACT TERM
3.1 This Contract shall take effect as of the Contract Date.
3.2 This Contract shall be in effect for 36 calendar months (“Term”) from the Contract Date. The Term may be extended at the City’s option for an additional 24 months, in increments of City’s choice, for a maximum Term of 60 from the Contract Date.
3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the 03/22/2022 C7 Page 4 of 34EXHIBIT 2
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documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, supplies, and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. The Services shall be complete, and all work, material, and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished, and installed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.
5.0 COMPENSATION
5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.
5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:
5.3.1 The changes, additions, and deductions to be made.
5.3.2 The increase or decrease in compensation due the Contractor, if any.
5.3.3 Adjustment in the time of completion, if any.
5.4 Contract Ceiling Price
5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.
5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
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5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.
6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications, and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E and the Standard Specifications (defined below).
7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.
8.0 ASSISTANCE BY CITY
All information, data, records, reports, and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records reports, and maps be inaccurate, incomplete, or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.
9.0 STANDARD OF PERFORMANCE
9.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.
9.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.
10.0 STANDARD SPECIFICATIONS AND STANDARD PLANS
10.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:
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Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee (“Greenbook”) and the City of Vista Special Provisions to the Greenbook.
10.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:
San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.
11.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:
City: The City of Vista.
Board: The City Council of the City of Vista.
Drawings or Plans: All drawings, plans, maps, profiles, and diagrams delineating the work on the Services.
12.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES
12.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.
12.2 Contractor represents and warrants that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.
12.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
12.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.
12.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and 03/22/2022 C7 Page 7 of 34
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subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.
12.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.
13.0 CIVIL RIGHTS
13.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.
13.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.
13.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.
13.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.
13.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.
13.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.
13.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not 03/22/2022 C7 Page 8 of 34
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limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.
14.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.
15.0 ASSIGNMENT AND SUBCONSULTING
15.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
15.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.
16.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.
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17.0 FINANCIAL` RECORDS
17.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.
17.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.
18.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.
19.0 CONFIDENTIALITY
19.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.
19.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.
19.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.
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20.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.
Contractor further agrees that no employee, agent, or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.
21.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.
22.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by City's sole negligence or willful misconduct; or (2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).
23.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.
24.0 SERVICE OF NOTICE
24.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the 03/22/2022 C7 Page 11 of 34
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address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.
24.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.
25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
28.0 PREVAILING WAGES
Pursuant to Section 1781 of the Labor Code, Contractor is advised that certain work contemplated in this contract may be subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Contractor shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774–1776 of the Labor Code in regards to payment of prevailing wages and to provide the City and the Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment.
No Contractor or sub-Contractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No Contractor or sub-Contractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Contractors and sub-Contractors must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Contractor is further advised that any prevailing wage work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
29.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original 03/22/2022 C7 Page 12 of 34
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and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.
Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).
30.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
31.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
“City”
CITY OF VISTA, a chartered municipal
corporation
By:
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
APPROVED
Darold Pieper
20220301095908
“Contractor”
LAURIE LEVINE, a sole proprietor
By:
LAURIE LEVINE
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00106004 2 Exhibit A
EXHIBIT A
REQUEST FOR PROPOSALS
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CITY OF VISTA
REQUEST FOR QUALIFICATIONS
FOR AS NEEDED LANDSCAPE ARCHITECTURAL
REVIEW SERVICES
DATE OF ISSUANCE
February 2, 2022
DEADLINE FOR SUBMISSION
February 14, 2022
5:00 P.M.
City of Vista Community Development Department
200 Civic Center Drive, Vista, California 92084
John Conley, Community Development Director
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REQUEST FOR QUALIFICATIONS
FOR
LANDSCAPE PLAN REVIEW SERVICES
The City of Vista's ("City") Planning Division ("Division") is soliciting Statements of Qualifications (SOQs) from selected Landscape Architectural firms ("Consultant") to provide As-Needed Design/Plan Review, Plan Check and Inspection Services related to various City-reviewed private development and City-initiated projects. The City currently provides landscape plan review services on a contract basis. Based on the SOQs received, the City will select one (1) Consultant to provide the requested services.
OVERVIEW
The City intends to secure an agreement with one Consultant to provide As-Needed Landscape Architectural Review Services. These services will consist of as-needed services to perform design/plan review, plan checking and inspection, and review services of landscape plans and drawings and related documents for the City's planning and permitting process. This will cover a variety of projects throughout Vista, and will be primarily for private development projects. This service must be provided by a Consultant that is knowledgeable of city planning and permitting codes, regulations, requirements, processes and procedures, as well as all current State and federal laws, codes, rules and regulations related to landscape preservation, development and enhancement services. The work outlined in this RFQ shall be conducted under the supervision of a Licensed Landscape Architect registered in the State of California.
All Consultants must create an account on ProcureNow to submit a proposal.
Consultants can register at: https://secure.procurenow.com/portal/cityofvista . Once registered, Consultants must download this solicitation in order to appear on the Bidder’s List as a “Prospective Bidder.” Consultants that fail to specifically download this solicitation will not appear on the Bidders’ List and will be unable to participate or be considered for this RFP.
SCOPE OF WORK
The work in general consists of providing Design/Plan Review, Plan Check and Inspection Services on an As-Needed basis. Other related services would include conducting daily communications or as required with City staff during plan check reviews; meeting with City staff and/or applicants when requested by staff; and other duties as required by City staff. The Consultant will also be expected to maintain good record keeping, provide quality control, and prepare cost quotes as may be requested for specific services by project. It is anticipated that the Consultant would review an average of ten to fifteen landscape plan submittals on a monthly basis; however, this is not a guarantee of forthcoming work.
Design/Plan Review:
The selected Consultant would be expected to review plan submittals for development proposals, including:
• Reviewing and providing written comments on proposed development applications. Such review will be at the direction of the Planning Division, and will include review of Conceptual Landscape Plans. The review would include
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compliance with application submittal requirements, conformance with the City's Landscape Standards, Water Efficient Landscape Ordinance, applicable specific plan requirements, adopted streetscape plans, appropriateness of proposed design to surrounding developments, and other necessary tasks, as assigned, to support the scope.
Plan Check
The selected Consultant would be expected to review civil drawing, and landscape plans for development projects, including:
• Alterations to existing developments;
• Specifications to ensure compliance with underlying Planning Permits and Conditions of Approval, applicable zoning and landscape standards including codes and regulations of City, State, and federal agencies, and the City's Water Efficient Landscape Ordinance; and
• Other necessary tasks, as assigned, to support the scope.
Inspection Services
The selected Consultant would be expected to perform inspections, including:
• Inspecting landscaping and irrigation systems at various stages of construction, alteration, and repair; ensures compliance with, zoning, environmental, and landscape standards.
• Performing field inspections for finished landscape improvements projects, including alterations to existing landscape and irrigation systems, as required. • Ensuring compliance with underlying Planning Permits and Conditions of Approval, applicable zoning, environmental, and landscape standards and including codes and regulations of the Cit)(, State, and federal agencies. • Performing field review of plans and specifications for inspection clearance. • Inspecting irrigation and landscape installation as required during construction; performs re-inspections on previously failed inspections. • Other necessary tasks, as assigned, to support the scope.
SUBMITTAL REQUIREMENTS
The written SOQ should be concise, well organized, and demonstrate the Consultant's qualifications and experience applicable to this RFQ. It must be limited to 20 pages, including resumes of no more than three (3) key personnel. SOQs will be evaluated based on the information submitted in accordance with the criteria for selection provided in the noted section below.
1. A cover letter that summarizes key elements and personnel that would be committed to performing the required tasks throughout the duration of the contract. The cover letter shall include a contact name, email, phone number and full address for the Consultant. In addition, the letter must also include a statement that the Consultant can meet the City's insurance requirements; that the SOQ is made without collusion with any other person, persons, company, or parties submitting an SOQ; and that the
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Consultant is prepared to execute the Professional Services Agreement.
2. A brief description of the Consultant's firm including local history, office location(s), and other pertinent information.
3. A brief summary description of the landscape architectural services offered by the Consultant.
4. Relevant demonstrated experience in the services required in the Scope of Work.
Please include experience in working on similar as-needed contracts for public agencies.
5. Key staff members, including resumes of all identified staff (no more than three (3) individuals).6. A minimum of two (2) government agency references. Please include the name, phone number, and address of the reference, as well as the type of work completed for each agency.
6. Your firm's standard billing rates for aII staff levels with reference to identified key staff members.
Deadline for submission of the SOQ is February 14, 2022 by 5:00 p.m.
TIMELINE
The City of Vista Community Development Department anticipates the following timeline for award of a contract resulting from this RFP; however, this timeline is subject to change.
- City issues Request for Proposals February 2, 2022
- RFP Submittal Deadline February 14, 2022 at 5:00 P.M. - Consultant Selection February 17, 2022
- Execution of Contract Agreement March 1, 2022
- Public Hearings/Contract Approval March 22, 2022
PROPOSAL SUBMITTAL
To receive addenda and submit a proposal, Consultants shall register on the City’s Electronic Bidding System at https://secure.procurenow.com/portal/cityofvista . Once registered, Consultants must download the RFP while logged in under their own name and identification number to appear on the Electronic Prospective Bidders List as a “Prospective Bidder.” Consultants that fail to download the RFP will not appear on the Electronic Prospective Bidders List and their proposals will be considered non-responsive. If a Consultant is unable to register or download the RFP from ProcureNow, a Consultant representative may contact ProcureNow to troubleshoot the problem.
All proposal documents and supplementary documents must be uploaded using ProcureNow prior to event date and time as instructed in this solicitation. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point respondents will receive an email confirmation from ProcureNow.
Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum that will be provided through ProcureNow to those listed on the Electronic Prospective Bidders’ List by via email.
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Respondents shall submit a cover letter and a proposal that is clear, concise, complete, and that also demonstrates the qualifications and experience applicable to this project.
Respondents shall base their submittals on the ‘Scope of Work section in this RFP. Failure to submit information in accordance with the RFP’s requirements and procedures may be cause for disqualification of the proposal as non-responsive.
All documents requiring signature shall be signed by an individual or individuals authorized to execute legal documents on behalf of the party(ies) represented in the RFP.
The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer.
The submittal must be received on or before: February 14, 2022
All project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via “Q&A” through the City’s Electronic Bidding System, ProcureNow. Phone call and email questions will not be accepted. Answers to all submitted questions will be provided in an addendum through ProcureNow.
CRITERIA FOR SELECTION
The criteria for evaluating the submitted SOQs will take the following items into consideration:
• Experience and reputation of the Consultant, including verification of data and references. (30%)
• Experience and credentials of key personnel assigned to the project. (30%) • Understanding of the scope of work as evidenced in the written narratives. (20%) • Consultant's past record of performance in similar projects related to control of costs, quality of work, and meeting schedules. (20%)
The Consultant selected for this as-needed contract will be based upon both technical merit and value to the City. Please note that the City may conduct interviews for this contract. The selection process is expected to take up to one week, with the contract completed in about four to five weeks.
LATE, MODIFIED OR WITHDRAWN PROPOSALS
Any Proposal received after the exact time specified for submittal will not be considered.
Any modification of a Proposal, except a modification resulting from the City's request for "best and final" offer, is subject to the same conditions as the initial submission.
Proposals may be withdrawn by written notice received at any time prior to Notice of Intent to Award. Thereafter, all Proposals constitute firm offers, subject to negotiation and execution of definitive documents that will remain open and cannot be revoked, withdrawn, or modified for a period of six (6) months thereafter.
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TERMS AND CONDITIONS
• This RFQ does not commit the City to award a contract, to defray any costs incurred in the preparation of a response to this request, or to procure or contract for services.
• The City reserves the right to revise the RFQ prior to the date the submittals are due via an addendum.
• The City reserves the right to extend the date by which the submittals are due via an addendum.
• The City reserves the right to cancel, in part or in its entirety, this RFQ including but not limited to: selection schedule, submittal date, submittal requirements, and scope of required services.
• The City reserves the right to reject all individuals. Selection is dependent upon the negotiation of a mutually acceptable agreement with the successful respondent.
• All submittals become the property of the City and public records, and as such may be subject to public review.
• The City reserves the right to request additional information and/or clarifications from any or all respondents to this RFQ.
• All costs incurred in the preparation of the SOQ, including the submission of additional information and/or any aspect of an SOQ prior to award of a written contract, shall be borne by the respondent.
METHOD OF PAYMENT
The Consultant would submit invoices to the City on a monthly basis. Each invoice must include a detailed breakdown of the services, the tasks, the hours, and hourly rates. It should be noted that in general no more than 85 percent of the total payment amount would be made prior to the final completion and approval of all work and delivery of final products
LABOR LAW COMPLIANCE
This contract is subject to the prevailing wage laws of the State of California. The Proposer is responsible for compliance with those laws as applicable. Copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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PROFESSIONAL SERVICES AGREEMENT
The RFQ and the selected Consultant's SOQ will be attached and become part of the Agreement as exhibits.
Any subsequent changes to this RFQ from the date of issuance to the date of submittal would result in an addendum prepared by the Planning Division and sent to those Consultants who have been sent the RFQ.
Insurance Requirements will apply for the necessary amounts of general liability, automotive, worker's compensation and professional liability insurance. The insurance certificates shall include the City of Vista, its officers and employees as insured or additional insured.
The contents of the SOQ of the successful Consultant shall become a contractual obligation if a contract ensues. Failure of a Consultant to accept this obligation will result in the cancellation of any award. Any damage accrued by the City as a result of a failure to contract may be recovered from the Consultant.
ASSIGNED REPRESENTATIVES
The City will assign a responsible representative (e.g., City Planner) to administer the contract and to assist the Consultant in obtaining information. The Consultant also shall assign a responsible representative (e.g., Principal Landscape Architect) and an alternate, who shall be identified in the proposal. The Consultant's representative will remain in responsible charge of the Consultant's duties from the notice-to-proceed through project completion. If the Consultant's primary representative should be unable to continue with the project, then the Consultant shall notify the City's representative in writing. Also, the City's representative shall first approve any substitution of representatives, associated team members, or sub-consultants identified in the written SOQ. The City reserves the right to review and approve or disapprove all key staff and any sub-consultant substitution or removal, and may consider such changes not approved to be a breach of contract.
DISCLOSURE
All SOQs become the property of the City unless a return is specifically requested as stated below. The City is a public agency subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250. These requirements include an exemption for "trade secrets". If any proprietary information is contained in or attached to the written proposal, it must be clearly identified. In order to protect trade secrets from disclosure, pursuant to a Public Records Acts request, you must agree in writing to defend and indemnify the City of Vista if litigation results.
6 City of Vista Community Development Dapt. RFQ - landrcape Plan Review Service, 03/22/2022 C7 Page 21 of 34
00106004 2 Exhibit B
EXHIBIT B
CONTRACTOR’S PROPOSAL
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LAURIE LEVINE
LANDSCAPE ARCHITECT, RLA #3203
CERTIFIED ARBORIST, WE-7563A
37803 BEAR VIEW CIRCLE
MURRIETA, CA 92562
PHONE: (951) 970-5667
E MAIL: [email protected] / [email protected]
GENERAL SCOPE OF SERVICES & FEES:
AS-NEEDED LANDSCAPE ARCHITECTURAL REVIEW SERVICES
TO THE CITY OF VISTA
CONSULTANT SERVICES TO BE PROVIDED
Landscape design and plan review
Landscape plan checking
Landscape inspection on site
Review of landscape conceptual plans and drawings related to the city’s planning and permitting process
Provide written comments on proposed development applications as directed by the planning division
Communications as needed with city staff during plan check reviews In person meetings with staff and project applicants when needed Phone, email, text and virtual meetings with staff and project applicants Quality control
Preparation of cost quotes when requested
CONSULTANT IDENTIFICATION – INDEPENDENT CONTRACTOR (SOLE PROPRIETOR)
Name of Business: Laurie Levine
Licenses: Landscape Architect RLA/PLA 3203
Certified Arborist WE-7563A
Address: 37803 Bear View Circle, Murrieta, CA 92562
Contact: Laurie Levine
Phone: 951-970-5667 cell
Email: [email protected] / [email protected] Social Security Number: 547-020-0309
Insurance Producer: ISU Insurance Services
Insurance Provider A: Nationwide Mutual Insurance Co
Insurance Provider B: CorRisk
Insurance Provider C: New Hampshire Insurance Co
Automobile Insurance: Mercury Insurance Co
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PROPOSED PAYMENT SCHEDULE:
AS-NEEDED LANDSCAPE ARCHITECTURAL REVIEW SERVICES
TO THE CITY OF VISTA
Planning Division Landscape Architectural Review Services
Landscape Construction Drawing Plan Check Option A
$150.00 per hour spent
Landscape Construction Drawing Plan Check Option B
$150.00 per sheet set fee
Excludes charge for title sheet
Includes all planting and irrigation layout, notes, non-City generated details and specifications Includes 3 plan checks
Additional plan checks beyond the 3 and revisions after approval will be billed at the normal hourly rate
Landscape Inspection
$150.00 per hour
Project Reviews, Meetings, Cost Quotes, and Miscellaneous Services
$150.00 per hour
Review of Arborist Reports, if needed
$150.00 per hour
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00106004 2 Exhibit C, Page 1 of 3
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, [and for x years thereafter,] 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, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Contractor shall also provide the additional coverages checked below and at least as broad as:
4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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00106004 2 Exhibit C, Page 2 of 3
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to City for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work 03/22/2022 C7 Page 31 of 34
00106004 2 Exhibit C, Page 3 of 3
commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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00106004 2 Exhibit D
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:
1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
4. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Signature Date
Name/Title Company:
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00106004 2 Exhibit E
EXHIBIT E
SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:
1. State of California grant conditions, as attached.
2. Federal grant conditions, as attached.
3. Other conditions, as attached.
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