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Resolution No. 2012-032
0 RESOLUTION NO. 2012-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE BID OF THE ENGINEERING PARTNERS, INC. AND APPROVING AND AUTHORIZING THE EXECUTION OF A CONSULTING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE ENGINEERING PARTNERS, INC. FOR THE DESIGN AND PREPARATION OF PLANS FOR THE RELOCATION OF POWER POLES RELATED TO THE REHABILITATION OF THE ATLANTIC BLVD. BRIDGE OVER THE LOS ANGELES RIVER WHEREAS, on April 5, 2011, the City Council of the City of Vernon adopted Resolution No. 2011-43 authorizing the issuance of a request for proposals for consulting services to prepare plans and specifications for the relocation of power poles in connection with the Atlantic Boulevard Bridge over the Los Angeles River (the "Services"); and WHEREAS, by a memorandum dated February 9, 2012, the Director of Light & Power has recommended that the City accept the bid of The Engineering Partners, Inc. ("EPI") and enter into a consulting services agreement with EPI setting forth the terms and conditions under which EPI will perform the Services (the "Agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement with The Engineering Partners, Inc., a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby instructs the Director of Light & Power, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to: The Engineering Partners, Inc. Attention: Romeo Flores, P.E., President 9565 Waples Street, Suite 100 San Diego, CA 92121 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 21st day of February, 2012. Name: Willi m J. Davis Title:- Mayor Pro-Tem 2 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-32, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, February 21, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 7.3 day of February, 2012, at Vernon, California. (SEAL) - 3 - EXHIBIT A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE ENGINEERING PARTNERS, INC., FOR THE DESIGN AND PREPARATION OF PLANS FOR THE RELOCATION OF POWER POLES RELATED TO THE REHABILITATION OF THE ATLANTIC BLVD. BRIDGE OVER THE LOS ANGELES RIVER Consultant: Responsible Principal of Consultant: Notice Information - Consultant: Notice Information - City: Commencement Date: Termination Date: Consideration: COVER PAGE The Engineering Partners, Inc. "EPI" Romeo Flores The Engineering Partners, Inc. 9565 Waples Street, Site 100 San Diego, CA 92121 Attention: Romeo Flores, P.E., President Phone: (858) 824-1761 Facsimile: (858) 824-1768 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Mark Whitworth, City Administrator Telephone: (323) 583-8811 ext. 398 Facsimile: (323) 826-1408 Within 7 days of the Notice to Proceed 6 Months from Notice to proceed, unless extended pursuant to Section 1 Total not to exceed $137,385 (includes all applicable sales tax); and more particularly described in Exhibit B CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE ENGINEERING PARTNERS, INC., FOR THE DESIGN AND PREPARATION OF PLANS FOR THE RELOCATION OF POWER POLES RELATED TO THE REHABILITATION OF THE ATLANTIC BLVD. BRIDGE OVER THE LOS ANGELES RIVER THIS AGREEMENT is made and entered into as of , 2012 ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and The Engineering Partners, Inc., a California corporation ("Consultant'). City and Consultant are collectively referred to herein as the "Parties." RECITALS WHREAS, City desires to have certain plans and specifications preparation and consulting services provided as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A. WHEREAS, Consultant represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: Section 1. Term and Time of Performance. This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. The City Administrator, or his designee, may in writing extend the time of performance pursuant to the same terms and conditions of this Agreement. Section 2. Performance. (a) Consultant shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties prior to performance of those additional services. (b) Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Consultant shall at all times comply with the highest ethical standards when performing Services for the City. (c) Consultant shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Consultant shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Consultant to comply with this section. Section 3. Compensation. (a) City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services required by this Agreement, the monthly fee and expense reimbursement set forth in Exhibit B ("Monthly Fee and Expenses"). The Monthly Fee and Expenses shall constitute reimbursement of Consultant's fee for the services as well as the actual costs (including labor costs, employee benefits, travel, equipment -rental costs, overhead and other direct costs) incurred by the Consultant in performance of the work. The Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by contract amendment. In no event, will the Consultant be reimbursed for overhead costs at a rate that exceeds the City's approved overhead rate set forth in the approved Cost Proposal. In the event, the City determines that changed work from that specified in the approved Cost Proposal and contract is required; the actual costs reimbursable by the City may be adjusted by contract amendment to accommodate the changed work. (b) Consultant shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by Consultant that are not expressly authorized by this Agreement will not be reimbursed by City. Consultant agrees that its right to receive the final payment pursuant to this Agreement is contingent upon City's approval of all deliverables set forth in Exhibit A. Should City not approve any or all such deliverables, Consultant shall revise the deliverables to City's satisfaction at no additional expense to City. City shall have the right to withhold, in its sole discretion, any or all of Consultant's final payment until the City Administrator approves all of Consultant's deliverables. (c) The total payable amount by the City shall not exceed $137,385.00, unless authorized by an Agreement Amendment. Consultant will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing with a contact amendment. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. (d) All subcontracts in excess of $25,000 shall contain the above provisions. Section 4. Method of Payment. (a) Invoices. Consultant shall submit invoices monthly for services and expenses. Invoices itemizing all costs shall include the month for which the services were provided, the dates of such services, and description of the services provided for each Task during that billing period. Each invoice shall include copies of timesheets, if any, and other supporting documents as City may require. (b) The Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by the City. Invoices shall follow the format stipulated for the approved Monthly Fee and Expenses, Exhibit B, and shall reference this contract, project title and Task. Invoices shall be mailed to the City's Contract Manager at the following address: Ali Nourmohamadian, Engineering Manager Light & Power Department 4305 Santa Fe Ave. Vernon, CA 90058 (c) If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be withheld until resolution. The final invoice shall be submitted within sixty (60) calendar days after Consultant completes the services. Section 5. Personnel. (a) Consultant represents that it has, or shall secure at its own expense, all personnel performing Services have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Consultant shall provide City with said permits, licenses, and certificates at the request of City. Consultant shall be responsible for payment of all employees' and subconsultants' wages and benefits. (b) Consultant reserves the right to determine the assignment of its personnel to the performance of services under this Agreement. City reserves the right, for good cause, to require Consultant to exclude any of its personnel from performing the services on City's premises. Furthermore, Consultant shall secure City's prior written approval for any change or reassignment of key personnel. In the event that City, for good cause, desires the exclusion of any person(s) assigned by Consultant to perform the services under this Agreement, Consultant shall exclude such person(s) immediately upon receiving such notice from City. Section 6. Access. Consultant shall comply with all reasonable access and other restrictions that City may impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Consultant. Section 7. Consultant's Duties and Representations. Consultant represents covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. (b) Consultant presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Consultant. (c) There is no litigation pending against Consultant and Consultant is not the subject of any criminal investigation or proceeding, and neither Consultant nor its personnel, to its actual knowledge, have been convicted of a felony. Ig Section 8. Independent Consultant. (a) Consultant is and shall at all times remain, as to City, a wholly independent Consultant. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) No employee benefits shall be available to Consultant or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing Services hereunder for the City. City shall not be liable for compensation or indemnification to Consultant or its officers, employees, or agents for injury or sickness arising out of performing Services hereunder. (c) Consultant agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Consultant from City while performing services for City, and to indemnify, defend and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any federal or state agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, Consultant agrees to reimburse City for all costs, including accounting and attorneys' fees, arising out of such audit and any appeals relating thereto.. Section 9. Termination. (a) Termination Right. The City, in its sole discretion, may at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the other Party at least fifteen (15) days prior written notice. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) Payment Upon Termination. In the event this Agreement is terminated without cause pursuant to this section, City shall pay Consultant for work performed up to the time of termination, calculated on a pro rata basis for any partial months and Consultant shall submit an invoice to City as required under this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Consultant shall deliver all Confidential Information, as defined in Section 11 below, to City within thirty (30) days after the termination of this Agreement. Consultant shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Consultant's duties and activities hereunder. (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 10. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Consultant for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 11. Confidential Status: Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Consultant, received by Consultant, revealed to Consultant, or provided to Consultant for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Consultant to any third party without City's prior written consent. City shall grant consent if disclosure is legally required. All Confidential Information shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole discretion. (b) Consultant's obligation not to disclose any Confidential Information shall not extend to information that: i. was in the possession of, or was rightfully known by, the Consultant without an obligation to maintain its confidentiality prior to receipt from City; ii. is or becomes generally known to the public without violation of this Agreement; iii. is obtained without an obligation of confidentiality by the Consultant in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. Information which is required to be disclosed pursuant to any court order or directive having the force of law. (c) The provisions of this section shall survive the termination of this Agreement. Section 12. Default. Consultant's failure to comply with the provisions of this Agreement shall constitute a default. Ir the event that Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to Consultant. Section 13. Indemnification. Consultant agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Consultant, or Consultant's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Section 14. Insurance. (a) Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Consultant or Consultant's officers, employees, or agents. (b) Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Consultant in performing the services required by this Agreement. (c) Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Professional Liability Insurance, with minimum limits of One Million Dollars ($1,000,000) on a claims made basis, to protect City from any losses sustained through any errors or omissions committed by Consultant or Consultant's officers, employees, or agents. (d) Consultant agrees to maintain in force at all times during the performance of work under this Agreement workers compensation insurance as required by law. (e) Consultant shall require each of its sub -consultants or sub -Consultants to maintain insurance coverage that meets all of the requirements of this Agreement. (f) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. (g) Consultant shall require each of its sub -contractors or sub -Consultants to maintain insurance coverage which that meets all of the requirements of this Agreement. (h) Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is 7 available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant's expense, the premium thereon. (i) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the insurance evidencing that the coverage and policy endorsements required under this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of insurance required by this Agreement shall contain an additional insured endorsement naming the City, its officers, officials, employees, agents, and volunteers as insured's. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. 0) The insurance provided by Consultant shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, employees, agents, or volunteers shall be excess of Consultant's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. Consultant hereby waives all rights of subrogation against City. (k) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses. Section 15. Assignment and Subcontracting. Consultant shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. Section 16. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Section 17. Attorneys Fees. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing parry shall be entitled to reimbursement for reasonable attorneys fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 18. Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Section 19. Entire Agreement and Modifications. This Agreement, including attachments incorporated herein by reference, represents the entire agreement and understanding between the Parties, and any negotiation, proposals or oral agreements are intended to be integrated herein and to be superseded by this Agreement. This Agreement may only be modified by a writing signed by both Parties. Section 20. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 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. Section 21. Force Maieure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 22. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Consultant. Section 23. Notices. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City" or "Notice Information — Consultant," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 24. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 25. Headings. Headings used in this Agreement are for convenient reference only and shall not affect the interpretation of the Agreement. Section 26. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 27. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 28. Cost Principles. (a) The Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the allow ability of cost individual items. (b) The Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. (c) Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to the City. Section 29. Prevailing Waqes (a) The Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 177, and all federal, state, and local laws and ordinances applicable to the work. (b) Any subcontract entered into as a result of this contract if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article. Section 30. Accounting Requirements. Consultant and its subconsultants shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system shall conform to the Generally Accepted Accounting Principles ("GAAP") and costs principles set forth in Titles 48 and 49 of the Code of Federal Regulations, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. Section 31. Retention of Records and Access to Records. For the purpose of determining compliance with Section 25000, et seq. of Title 21 of the California Code of Regulations when applicable, and other matters connected with the performance of Consultant's contracts with third parties pursuant to Section 8546.7 of the California Government Code, Consultant and its subconsultants shall maintain all books, documents, papers, records, accounting records and other evidence pertaining to the performance of such contracts, including but not limited to, the cost of administering any subconsultant contracts. Consultant and its subconsultants shall make such materials available at their respective offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment to Consultant and its subconsultants under this Agreement. Consultant shall make available to City or its designee, the U.S. Department of Transportation, the California State Auditor, the Federal Highway Administrator, the United States Controller General, the State of California, or any duly authorized representative of the federal government, access to any books, documents, papers, records, accounting records and other evidence pertaining to the performance of Consultant's services under this Agreement that are pertinent to this Agreement or the Project for audits, examinations or excerpts, and transactions and copies thereof shall be furnished by Consultant if requested. Section 32, Non -Discrimination and Egual Employment Opportunity. (a) Consultant shall not discriminate against any employee for employment, or harass or allow harassment of any employee because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer), family care leave, or sexual orientation. Consultant shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer), family care leave, or sexual orientation. Such actions shall include, but are not limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 11 (b) Consultant shall, in all solicitations or advertisements for employees placed by, or on behalf of Consultant, state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, sex, marital status, national origin, ancestry, age, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer), family care leave, or sexual orientation. (c) Consultant shall comply with the provisions of the California Fair Employment and Housing Act (California Government Code § 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 7285.0 et seq.). (d) Consultant shall permit access to all records of employment, employment advertisements, application forms, and other pertinent employment data and records by the California Fair Employment and Housing Commission, or any other agency designated by the State of California, for the purpose of investigating compliance with subsection (a) of this Section. (e) Consultant shall cause the foregoing subsections (a) and (b) of this Section to be inserted in all contracts entered into as a result of this Agreement, except contracts for standard commercial supplies or raw materials. Section 33. Debarment and Suspension Certification. Consultant certifies, under penalty of perjury under the laws of the State of California, that Consultant has complied with the Debarment and Suspension Certificate, Part 29 of Title 49 of the Code of Federal Regulations, which certifies that Consultant or any person associated with Consultant in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal. agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City before commencement of work. Exceptions will be grounds for termination of this Agreement, but will not necessarily result in termination of this Agreement. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action. Section 34. Rebates. Kickbacks or Other Unlawful Consideration Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration, either promised or paid to City or any of its officers, agents or employees. In the event that this warranty is breached or violated, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value to City of the work actually performed; or to deduct from the contract price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. Section 35. Prohibition on Expending Local Agency. State or Federal Funds for Lobbying. Consultant certifies to the best of its knowledge and belief that: 12 (a) No state, federal or local agency appropriated funds have been paid, or will be paid by or on behalf of Consultant to any person for influencing or attempting to influence an officer of any state or federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a federal contract, grant, loan, or cooperative agreement, Consultant shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying Activities," attached hereto and incorporated herein as Exhibit C. (c) This certification is a material representation of fact upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than Ten Thousand Dollars ($10,000) and not more than One Hundred Thousand Dollars ($100,000) for each such failure. (d) Consultant shall require that the provisions of this Section be included in all subcontracts which exceed One Hundred Thousand Dollars ($100,000) and that all such subrecipients shall certify and disclose accordingly. Section 36. Disadvantaged Business Enterprises (a) This Agreement is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." Proposers who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. (b) If the contract has an underutilized DBE (UDBE) goal, the Consultant must meet the UDBE goal by committing UDBE participation or document a good faith effort to meet the goal. If a UDBE subconsultant is unable to perform, the Consultant must make a good faith effort to replace him/her with another UDBE subconsultant, if the goal is not otherwise met. A UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: African Americans, Native Americans, Asian -Pacific Americans, or Women. (c) DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The Consultant, sub -recipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. 13 (d) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. (e) The City's overall DBE goal is 3% and the UDBE goal is 1 % for the contract. The "Local Agency Proposer UDBE Commitment (Consultant Contract)" and "Local Agency Proposer DBE Information (Consultant Contract)" forms are attached hereto and incorporated herein as Exhibit D. Only UDBE participation will be counted towards the contract goal; however, all DBE participation shall be collected and reported. (f) The purpose of the form is to collect data required under 49 CFR 26. For contracts with UDBE goals, this form collects DBE participation by DBEs owned by Hispanic American and Subcontinent Asian Americans males (persons whose origin are from India, Pakistan, Bangladesh, Bhutan, Maldives Islands, Nepal or Sri Lanka). For contracts with no goals, this form collects information on all DBEs, including UDBEs. Even if no DBE participation is reported, the Consultant must execute the form. Section 37, Subcontractors (a) Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Agency and any subcontractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the Agency for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the Agency's obligation to make payments to the Contractor. (b) Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. (c) Contractor shall pay its subcontractors within ten (10) calendar days from receipt of each payment made to the Contractor by the Agency. (d) Any substitution of subcontractors must be approved in writing by the Agency's Contract Manager in advance of assigning work to a substitute subcontractor. Section 38. Performance of DBE Consultant and other DBE Subconsultants/Suppliers (a) A DBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing; and other relevant factors. (b) A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are 14 passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. (c) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function. Section 39. Prompt Payment of Funds Withheld to Subcontractors No retainage will be withheld by the Agency from progress payments due the prime contractor. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime contractor from progress due subcontractors. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultants and subconsultants. Section 40. DBE Records (a) The Consultant shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. (b) Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprise (DBE), First -Tier Subcontractors," attached hereto and incorporated herein as Exhibit E, certified correct by the Consultant or the Consultant's authorized representative and shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25% of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors" is submitted to the Contract Manager. Section 41. DBE Certification and Decertification Status If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify the Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall 15 notify the Consultant in writing with the date of certification. Any changes should be reported to the Agency's Contract Manager within 30 days. Section 42. Certifications Exhibits F "Certification of Consultant, Commissions & Fees" and Exhibit G, "Certification of Agency" are included as attachments to the contract and made a part of. Section 43. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations under this Agreement. [Signatures Begin on Next Page]. IR IN WITNESS WHEREOF, the parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City The Er and California municipal corporation corpora By: By: Name: Name: Title: Title: Mayor / Mayor Pro -Tam Date: By: Name: ATTEST: Title: Willard G. Yamaguchi, City Clerk APPROVED AS TO FORM: Willard G. Yamaguchi, Interim City Attorney 17 EXHIBIT A THE ENGINEERING PARTNERS, INC. CONSULTING ENGINEERS 9565 WAPLES STREET, SUITE 100 SAN DIEGO, CA 92121 9 ri (858) 824-1761 FAX (858) 824-1768 October 5, 2011 City of Vernon Department of Light and Power 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Ali Nourmohamadian, Electric Utility Engineering Manager Subj: REQUEST FOR PROPOSALS CONSULTANT SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES Dear Mr. Nourmohamadian: The following is our understanding of work to be accomplished. SCOPE OF WORK Design and prepare plans, specifications, and cost estimate for the relocation of fifteen power poles near the Atlantic Blvd. Bridge over the Los Angeles River. Work associated with this project will be coordinated with the Atlantic Blvd Bridge over the Los Angeles River and the corresponding road widening project currently being prepared by others. The utilities affected by the road and bridge improvements, and this project are all presently overhead. The identified utilities are power (primary and secondary), fiber optic and copper communication, and street lighting. The rerouting of the affected utilities is anticipated to be a combination of underground (south of LA River) and overhead systems (across LA River and portions north). The preparation of plans (design), specifications, and cost estimate for this project will require involvement by several disciplines. The disciplines involved and their associated tasks are the following: 1. Existing utility investigation (location), site survey, and background preparation — Civil 2. Soil boring and laboratory analysis for LA River crossing pole foundation design — Geotechnical 3. Existing utility investigation (system composition and configuration), site survey, and existing conditions — Electrical 4. Design for utility relocation and reconfiguration — Electrical. We will look at both OH and UG crossing at LA River as far as construction feasibility and costs. Permitting requirements and final decision on whether to go UG or OH will be by COV. Impact on schedule to obtain approval for LA River UG permitting is Page 2 October 5, 2011 Re: REQUEST FOR PROPOSALS CONSULTANT SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES unknown at this time. The COV is encouraged to investigate if the approval process will fit into the schedule given this projects time constraint. 5. Pole foundation design, pole loading analysis, cable/wire sag/tension calculations — Civil/Structural. If UG method is chosen, this task and fee will be substituted for the power and communication UG design. 6. Specifications — Electrical/Civil 7. Cost Estimate — Electrical 8. Construction Services - Electrical ASSUMPTIONS 1. Electronic CAD files of the planned road and bridge widening project will be made available to EPI. 2. One man -day of design related trip for City requested meeting at COV. 3. There will be three submissions: 50%, 100% or Plan Check Set, and a Final Set for construction. 4. Design completion within six months from the date of award. 5. Travel, printing, reproduction, and delivery related incidental expenses are included. 6. Construction Services will be limited to the following: a. Contractor product submittal reviews. b. Responses to Contractor Requests for Information (RFI's). c. No as -built drawing preparation. As -built drawings by construction Contractor. d. One man -day of on -site meetings/visits during construction. 7.:Processing and associated fees for review and approval by outside agencies (other than City of Vernon) will be addressed by the City of Vernon. 8. System analysis for voltage, power flow, fault, grounding, arc flash, etc. is not part of this scope of services. Thank you for this opportunity to participate on this project. If you have any questions, please feel free to give us a call. Sincerely, Romeo Flores, P.E. President Engineering Partners, Inca P2759r2 — Scope Only EXHIBIT B THE ENGINEERING PARTNERS, INC CONSULTING ENGINEERS 9565 WAPLES STREET, SUITE 100 SAN DIEGO, CA 92121 ro ri (858) 824-1761 FAX (858) 824-1768 October 5, 2011 City of Vernon Department of Light and Power 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Ali Nounmohamadian, Electric Utility Engineering Manager Subj: REQUEST FOR PROPOSALS CONSULTANT SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES Dear Mr. Nourmohamadian: The following is our fees for work to be accomplished. FEES Our fees for the Scope of Work and our assumptions are the following: Description of Work Total Task 1 - Existing utility investigation (location), site $19,000 survey, and background preparation Task 2 - Soil boring and laboratory analysis for LA $10,000 River crossing pole foundation design Task - Existing utility investigation (system composition and configuration), site survey, and $8,505 existing conditions Task 4 - Design for utility relocation and reconfiguration $48,600 Task 5 - Pole foundation design, pole loading analysis, $25,200 cable/wire sag/tension calculations Task 6 - Specifications $16,000 as 7 - Cost Estimate $5,400 Task -Construction Services $4,680 Total $137,3851 We propose to bill on a monthly basis based on percentage of effort put forth on each of the above tasks. Page 2 October 5, 2011 Re: REQUEST FOR PROPOSALS CONSULTANT SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES RATE SCHEDULE For additional work requested and approved in writing by the City of Vernon, our hourly Rate Schedule is the following: Rate Category Hourly Rate Principal $165 Project Manager $135 Designer $ 95 Drafting $ 75 Administrative $ 65 Man -day rate for additional meetings requested by the City of Vernon is $1200 which includes incidental travel costs. Thank you for this opportunity to participate on this project. If you have any questions, please feel free to give us a call. Sincerely, Romeo Flores, P.E. President Engineering Partners, Inc. P2759r2 — Fees Only EXHIBIT C Local Assistance Procedures Manual Exhibit C City of Vernon Disclosure of Lobbying Activities Exhibit 10-Q Disclosure of Lobbying Activities DISCLOSURE OF LOBBYING ACTIVITIES raze 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ® a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award NA d. loan NA For Material Change Only: e. loan guarantee year_ quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: NA ® Prime - � Subawardee Tier , if known Congressional District, if known Congressional District, if known 6. Federal Department/Agency: NA 7. Federal Program Name/Description: NA CFDA Number, if applicable NA 8. Federal Action Number, if known: 9. Award Amount, if known: NA NA 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) NA (last name, first name, MI) NA (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. $ NA 11 actual ❑ planned 12. Form of Payment (check all that apply): NA ea. cash b. in -kind; specify: nature Value Type of Payment (check all that apply) a. retainer b. one-time fee C. commission d. contingent fee e deferred f. other, specify NA 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including offrcer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: NA (attach Continuation Sheet(s) if access atJii3 Tr�lt@ � • ,r(0c d0e9?"It4f9 15. Continuation Sheet(s) attached: Yes ❑ No tza 1�1 te�ri; loJ ' 10 16. Information requested through this form is authorized by Title 31U.S.C. Section 1352. This disclosure of lobbying reliance Signature: j) was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: Rom Flores 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Title: President Telephone No.: 858-824-1761 Date: 02/08/201 Authorized for Local Reproduction Standard Form - LLL LPage 10-77 PP 06-02 May 1, 2006 EMT lo-Q Local Assistance Procedures Manual Disclosure of Lobbying Activities iTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered fed" action or a material ohange m previous filing pursueot to title 31 U.S.C. Section 1352. The filing of a formis required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting amity for this covered federal action. 4. Enter the fall name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Checkthe appropriate classification of the reporting entity that designates if it is orexpects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g, the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrents and contract awards under grants. 5. If the organization filing the report in Item 4. checks "Subawardes" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the fsdanl agency making the award or loan commitment. Include at lost one organization level below agency mac, if known. For example, Department of Transportation, United States Coed Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loam and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1(e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract Smut or loan award number, the application/proposal control numberassigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in Item 4. to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). EntarLast Name, First Name and Middle Initial (MI). It. Enter the amount of compensation paid or reasonably expected to be paid by the reporting antity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned} Check all boxes that apply. If this is a material change report enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(cs). Check all bums that apply. If other, specify nature. 14.Provido a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the dam(s) of any services randared. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officar(s) or employoe(s) contacted orthe officer(s) employce(s) or Membor(s) of Congress that were contacted. 15. Check whetter or not a continuation sheot(s) is attoohed. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to avenge 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget Paperwork Reduction Project (0348-0046� Washington, D.C. 20503. SMIL-wwctions Rev. 0644190e1mm Page 10-78 May 1, 2006 LPP 06.02 EXHIBIT D Local Assistance Procedures Manual Exhibit D City of Vernon Local Agency Proposer UDBE Commitment (Consultant Contracts) EXHIBIT 10-01 Local Agency Proposer UDBE Commitment (Consultant Contracts) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCAL AGENCY: City of Vernon LOCATION: Vernon, California PROJECT DESCRIPTION: Relocation of Power Poles -Atlantic Blvd. Bridge over Los Angeles River PROPOSAL DATE: 10/11 /2011 PROPOSER'S NAME: The Engineering Partners, Inc. CONTRACT UDBE GOAL (%): 1 % WORK ITEM NO. DESCRIPTION OR SERVICES TO BE SUBCONTRACTED (or wntmcted if the proposer is a UDBE) UDBE CERT NO. AND EXPIRATION DATE NAME OF EACH UDBE (Must be certified at the time proposals are due - include UDBE address and phone number PERCENT PARTICIPATION OF EACH UDBE 1 Printing 36671 Downtown Digital 1% 2643 4th Ave. San Diego, CA 92103 (619)544-9601 For Local Agency to Complete: Local Agency Proposal Number: Federal -Aid Project Number: Federal Share: Proposal Date: Local Agency certifies that the UDBE certifications have been verified and all information is complete and accurate/unless noted otherwise. Print Name Signature Date Local Agene Representative (Area Code) Telephone Number: Total Claimed UDBE Commitment 1 % Signature of Propose 02/08/2012 (858) 824-1761 Date (Area Code) Tel. No. Romeo Flores Person to Contact (Please Type or Print) Local Agency Proposer UDBE Commitment (Consultant Comosols) (Rev 6/27109) Distribution: (1) Original - Local agency files Page10-73 LPP 09-02 July 31, 2009 EXHIBIT 10-01 Local Assistance Procedures Manual Local Agency Proposer UDBE Commitment (Consultant Contracts) INSTRUCTIONS — LOCAL AGENCY PROPOSER UDBE COMMITMENT (CONSULTANT CONTRACTS) ALL PROPOSERS: PLEASE NOTE: It is the proposer's responsibility to verify that the UDBE(s) falls into one of the following groups in order to count towards the UDBE contract goal: 1) African Americans; 2) Asian - Pacific Americans; 3) Native Americans; 4) Women. This information must be submitted with your proposal. Failure to submit the required UDBE commitment will be grounds for finding the proposal nonresponsive. A "UDBE" is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: African Americans, Native Americans, Asian -Pacific Americans, or Women. The form requires specific information regarding the consultant contract: Local Agency, Location, Project Description, Proposal Date, Proposer's Name, and Contract UDBE Goal. The form has a column for the Work Item Number and Description or Services to be subcontracted to UDBEs (or performed if the proposer is a UDBE). The UDBE prime contractors shall indicate all work to be performed by UDBEs including work to be performed by its own forces, if a UDBE. The UDBE shalt provide a certification number to the Consultant and notify the Consultant in writing with the date of decertification if their status should change during the course of the contract Enter UDBE prime consultant and subconsultam certification numbers.The form has a column for the Names of certified UDBEs to perform the work (must be certified on the date proposals are due and include UDBE address and phone number). There is a column for the percent participation of each UDBE. Enter the. Total Claimed UDBE Participation percentage of items of work submitted with proposal pursuant to the Special Provisions. (If 100% of item is not to be performed or famished by the UDBE, describe exact portion of time to be performed or furnished by the UDBE.) See "Notice to Proposers Disadvantaged Business Enterprise Information," (Exhibit 10-1) to determine how to count die participation of UDBE firms. Note: If the proposer has not met the contract goal, die local agency must evaluate the proposer's good faith efforts to meet the goal in order to be considered for award of the contract. Exhibit 10-01 must be signed and dated by the consultant submitting the proposal. Also list a phone number in the space provided and print the name of the person to contact. For the Successful Proposer only, local agencies should complete the Proposal Number, Federal - aid Project Number, Federal Share, and Proposal Date fields and verify that all information is complete and accurate before filing. Page10-74 July 31, 2009 LPP 09_02 Exhibit D City of Vernon Local Agency Proposer DBE Information (Consultant Contracts) EXHIBIT 10-02 Local Agency Proposer DBE Information (Consultant Contracts) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCAL AGENCY: City of Vernon LOCATION: Vernon, California PROJECT DESCRIPTION: Relocation of Power Poles - Atlantic Blvd. Bridge over Los Angeles River TOTAL CONTRACT AMOUNT ($): 137, 385.00 PROPOSER'S NAME: The Engineering Partners, Inc. WORK ITEM NO. DESCRIPTION OR SERVICES TO BE SUBCONTRACTED (or contracted if the proposer is a DBE) DBE CERT NO. AND EXPIRATION DATE NAME OF EACH DBE (Must be certified at the time proposals are due - include DBE address and phone number DOLLAR AMOUN T OF EACH DBE 1 Printing 36671 Downtown Digital $1,380.00 2643 4th Ave. San Diego, CA 92103 (619)544-9601 For Local Agency to Complete: Local Agency Contract Number: Federal -Aid Project Number: Federal Share: Total Claimed DBE Participation $1,380.00 1 Contrrct Award: Local Agency certifies that the DBE certifications have been verified and all informations is complete and accurate. Print Name Signature Date Local Agency Representative Area Code Telephone Number: \ �i Sign aI ofPrope r 02/08/2012 (858) 824-1761 Dale (Area Code) Tel. No. Romeo Flores For CaltransReview: Print Name Signature Date Caltmns District Local Assistance Engineer Person to Contact (Please Type or Print) Local Agency Proposer DBE Information(Consuhant Conuarets) (Rev 627/09) Distribution: (1) Copy - Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days after contract execution. Failure to send a copy to the DLAE within 15 days after contract execution may result in deobligation of funds for this project. (2) Original - Local agency files Page 10-74a LPP 09-02 July 31, 2009 EXHIBIT 10-02 Local Assistance Procedures Manual Local Agency Proposer DBE Information (Consultant Contracts) INSTRUCTIONS - LOCAL AGENCY PROPOSER DBE INFORMATION (CONSULTANT CONTRACTS) PROPOSER: The form requires specific information regarding the consultant or other contract: Local Agency, Location, Project Description, Total Contract Amount, Proposal Date, and successful Proposer's Name. The form has a column for the Work Item Number and Description or Services to be subcontracted to DBEs. The prime consultant shall indicate all work to be performed by DBEs including, if the prime consultant is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification mrmber to the prime consultant. Enter DBE prime consultant's and subconsultant's certification number. The form has a column for the Names of DBE certified contractors to perform the work (must be certified on or before the proposals are due and include DBE address and phone number). Enter the Total Claimed DBE Participation dollar amount of items of work in the total DBE Dollar Amount column. (If 100% of item is not to be performed by the DBE, describe exact portion of time to be performed by the DBE.) See "Notice to Proposers Disadvantaged Business Enterprise Information," ( Exhibit 10-1) to determine how to count the participation of DBE firms. Exhibit 10-02 must be signed and dated by the successful proposer at contract execution. Also list a phone number m the space provided and print the name of the person to contact. Local agencies should complete the Contract Number, Federal -aid Project Number, Federal Share, and Contarct Award fields and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure to submit a completed and accurate form within the 15-day time period may result in the deobligation of funds on this project District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. Page 10-74b July 31, 2009 LPP 09-02 EXHIBIT E e §i � d � k B LU P ■ R k � | 2 �§( w |■2,� s b ��--®-------®® � - � ■ ! ■ § B ! � ------------ - | | $$ , 2 7a , 77, § §§ $! | .� � §� !| kK t® / I � ER MMrF 17-E Local Assistance Procedures Manual Find Report-UtWwatlon of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors FINAL REPORT — UMJZA11ON OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST -TIER SUBCONTRACTORS CEM 2402(F) (Rev. 02/2008) The form requires specific information regarding the construction project: Contract Number, County, Route, Post Miles, Federal -aid Project No., the Administering Agency, the Contract Completion Date and the Estimated Contract Amount. It requires the prime contractor name and business address. The focus of the form is to describe who did what by contract item number and descriptions, asking for specific dollar values of item work completed broken down by subcontractors who performedthe work both DBE and non -DBE work forces. DBE prime contractors are required to show the date of work performed by their own forces along with the corresponding dollar value of work. The form has a column to enter the Contract Item No. (or Item No's) and description of work performed or materials provided, as well as a column for the subcontractor name and business address. For those firms who are DBE, there is a column to enter their DBE Certification Number. The DBE should provide their certification number to the contractor and notify the contractor in writing with the date of the decertification if their status should change during the course of the project. The form has six columns for the dollar value to be entered for the item work performed by the subcontractor. The Non -DBE column is used to enter the dollar value of work performed for firms who are not certified DBE. The decision of which column to be used for entering the DBE dollar value is based on what program(s) status the firm is certified. This program status is determined by the California Unified Certification Program by ethnicity, gender, ownership, and control issues at time of certification. To confirm the certification status and program status, access the Department of Transportation Civil Rights web site at: http://www.dot.ca. oy/hgibeg or by calling (916) 324-1700 or the toll free number at (888) 810-6346. Based on this DBE Program status, the following table depicts which column to be used: DBE Program Status Column to be used If program status shows DBE only with no other programs listed DBE If program status shows DBE, Black American BA UDBE If program status shows DBE Asian -Pacific Islander APA UDBE If program status shows DBE Native American NA UDBE If program status shows DBE, Woman W UDBE If a contractor performing work as a DBE on the project becomes decertified and still performs work after their decertification date, enter the total dollar value performed by this contractor under the appropriate DBE identification column. If a contractor performing work as a non -DBE on the project becomes certified as a DBE, enter the dollar value of all work performed after certification as a DBE under the appropriate identification column. Enter the total of each of the six columns in Form CEM-2402(F). Any changes to DBE certification must also be submitted on Form-CEM 2403(F). Enter the Date Work Completed as well as the Date of Final Payment (the date when the prime contractor made the "final payment" to the subcontractor for the portion of work listed as being completed). The contractor and the resident engineer sign and date the form indicating that the information provided is complete and correct. Page 17-22 EXHIBIT F Local Assistance Procedures Manual EXHIBIT 10-F City of Vernon Certification of Consultant, Commissions & Fees Exhibit 10-F Certification of Consultant, Commissions & Fees CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the owner and President , and duly authorized representative of the firm of The Engineering Partners, Inc. , whose address is 9565 Waples Street, Suite 100, San Diego, CA 92121 and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, foror in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -(id Highwayfunds, and is subject to applicable state and federal laws, both criminal and civil. 28�V-Z- (Date) Page 10-43 LPP 06-02 May 1, 2006 EXHIBIT G Local Assistance Procedures Manual EXHIBIT 10-G City of Vernon Certification of Local Agency Exhibit 10-G Certification of Local Agency CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the Owner and President of the The Engineering Partners, Inc. , and that the consulting firm of The Engineering Partners, Inc. or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person, or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the Califomia Department of Transportation (Caltrans) in connection with this Agreement involving participation of federal -aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) (Sig ature) Page 10-45 LPP 06-02 May 1, 2006 OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 March 5, 2012 Romeo Flores, P.E., President The Engineering Partners, Inc. 9565 Waples Street, Suite 100 San Diego, CA 92121 Re: Consulting Services Agreement — Relocation of Power Poles Related to Rehabilitation of the Atlantic Blvd. Bridge Dear Mr. Flores: The insurance requirements have been met. Transmitted herewith is a fully executed original agreement as referenced above, approved by City Council on February 21, 2012, through Resolution No. 2012-32. If you have any questions regarding this matter, please call Carlos Fandino, at (323) 583-8811 ext. 834. Very ly*Clerk* yours, WIU City WGY:dj Enclosure c: Carlos Fandino Purchasing Department Resolution No. 2012-32 Agreement No. 12-019 E#Iusfvely Indust7&f CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE ENGINEERING PARTNERS, INC., FOR THE DESIGN AND PREPARATION OF PLANS FOR THE RELOCATION OF POWER POLES RELATED TO THE REHABILITATION OF THE ATLANTIC BLVD. BRIDGE OVER THE LOS ANGELES RIVER Consultant: Responsible Principal of Consultant: Notice Information - Consultant: Notice Information - City: Commencement Date: Termination Date: Consideration: COVER PAGE The Engineering Partners, Inc. "EPI" Romeo Flores The Engineering Partners, Inc. 9565 Waples Street, Site 100 San Diego, CA 92121 Attention: Romeo Flores, P.E., President Phone: (858) 824-1761 Facsimile: (858) 824-1768 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Mark Whitworth, City Administrator Telephone: (323) 583-8811 ext. 398 Facsimile: (323) 826-1408 Within 7 days of the Notice to Proceed 6 Months from Notice to proceed, unless extended pursuant to Section 1 Total not to exceed $137,385 (includes all applicable sales tax); and more particularly described in Exhibit B CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE ENGINEERING PARTNERS, INC., FOR THE DESIGN AND PREPARATION OF PLANS FOR THE RELOCATION OF POWER POLES RELATED TO THE REHABILITATION OF THE ATLANTIC BLVD. BRIDGE OVER THE LOS ANGELES RIVER THIS AGREEMENT is made and entered into as of �Il�fi/lZ O2 , 2012 ("Effective Date"), by and between the City of Vernon, a California charter C' y and California municipal corporation ("City"), and The Engineering Partners, Inc., a California corporation ("Consultant"). City and Consultant are collectively referred to herein as the "Parties." RECITALS WHREAS, City desires to have certain plans and specifications preparation and consulting services provided as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A. WHEREAS, Consultant represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: Section 1. Term and Time of Performance. This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. The City Administrator, or his designee, may in writing extend the time of performance pursuant to the same terms and conditions of this Agreement. Section 2. Performance. (a) Consultant shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties prior to performance of those additional services. (b) Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Consultant shall at all times comply with the highest ethical standards when performing Services for the City. (c) Consultant shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Consultant shall at all times 2 observe and comply with all such ordinances, laws and regulations. City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Consultant to comply with this section. Section 3. Compensation. (a) City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services required by this Agreement, the monthly fee and expense reimbursement set forth in Exhibit B ("Monthly Fee and Expenses"). The Monthly Fee and Expenses shall constitute reimbursement of Consultant's fee for the services as well as the actual costs (including labor costs, employee benefits, travel, equipment -rental costs, overhead and other direct costs) incurred by the Consultant in performance of the work. The Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by contract amendment. In no event, will the Consultant be reimbursed for overhead costs at a rate that exceeds the City's approved overhead rate set forth in the approved Cost Proposal. In the event, the City determines that changed work from that specified in the approved Cost Proposal and contract is required; the actual costs reimbursable by the City may be adjusted by contract amendment to accommodate the changed work. (b) Consultant shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by Consultant that are not expressly authorized by this Agreement will not be reimbursed by City. Consultant agrees that its right to receive the final payment pursuant to this Agreement is contingent upon City's approval of all deliverables set forth in Exhibit A. Should City not approve any or all such deliverables, Consultant shall revise the deliverables to City's satisfaction at no additional expense to City. City shall have the right to withhold, in its sole discretion, any or all of Consultant's final payment until the City Administrator approves all of Consultant's deliverables. (c) The total payable amount by the City shall not exceed $137,385.00, unless authorized by an Agreement Amendment. Consultant will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing with a contact amendment. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. (d) All subcontracts in excess of $25,000 shall contain the above provisions. Section 4. Method of Payment. (a) Invoices. Consultant shall submit invoices monthly for services and expenses. Invoices itemizing all costs shall include the month for which the services were provided, the dates of such services, and description of the services provided for each Task during that billing period. Each invoice shall include copies of timesheets, if any, and other supporting documents as City may require. (b) The Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by the City. Invoices shall follow the format stipulated for the approved Monthly Fee and Expenses, Exhibit B, and shall reference this contract, project title and Task. Invoices shall be mailed to the City's Contract Manager at the following address: Ali Nourmohamadian, Engineering Manager Light & Power Department 4305 Santa Fe Ave. Vernon, CA 90058 (c) If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be withheld until resolution. The final invoice shall be submitted within sixty (60) calendar days after Consultant completes the services. Section 5. Personnel. (a) Consultant represents that it has, or shall secure at its own expense, all personnel performing Services have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Consultant shall provide City with said permits, licenses, and certificates at the request of City. Consultant shall be responsible for payment of all employees' and subconsultants' wages and benefits. (b) Consultant reserves the right to determine the assignment of its personnel to the performance of services under this Agreement. City reserves the right, for good cause, to require Consultant to exclude any of its personnel from performing the services on City's premises. Furthermore, Consultant shall secure City's prior written approval for any change or reassignment of key personnel. In the event that City, for good cause, desires the exclusion of any person(s) assigned by Consultant to perform the services under this Agreement, Consultant shall exclude such person(s) immediately upon receiving such notice from City. Section 6. Access. Consultant shall comply with all reasonable access and other restrictions that City may impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Consultant. Section 7. Consultant's Duties and Representations. Consultant represents covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. (b) Consultant presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Consultant. (c) There is no litigation pending against Consultant and Consultant is not the subject of any criminal investigation or proceeding, and neither Consultant nor its personnel, to its actual knowledge, have been convicted of a felony. n Section 8. Independent Consultant. (a) Consultant is and shall at all times remain, as to City, a wholly independent Consultant. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) No employee benefits shall be available to Consultant or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing. Services hereunder for the City. City shall not be liable for compensation or indemnification to Consultant or its officers, employees, or agents for injury or sickness arising out of performing Services hereunder. (c) Consultant agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Consultant from City while performing services for City, and to indemnify, defend and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any federal or state agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, Consultant agrees to reimburse City for all costs, including accounting and attorneys' fees, arising out of such audit and any appeals relating thereto.. Section 9. Termination. (a) Termination Right. The City, in its sole discretion, may at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the other Party at least fifteen (15) days prior written notice. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) Payment Upon Termination. In the event this Agreement is terminated without cause pursuant to this section, City shall pay Consultant for work performed up to the time of termination, calculated on a pro rata basis for any partial months and Consultant shall submit an invoice to City as required under this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Consultant shall deliver all Confidential Information, as defined in Section 11 below, to City within thirty (30) days after the termination of this Agreement. Consultant shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Consultant's duties and activities hereunder. (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 10. Limitation of Citv's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Consultant for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 11. Confidential Status: Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Consultant, received by Consultant, revealed to Consultant, or provided to Consultant for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Consultant to any third party without City's prior written consent. City shall grant consent if disclosure is legally required. All Confidential Information shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole discretion. (b) Consultant's obligation not to disclose any Confidential Information shall not extend to information that: i. was in the possession of, or was rightfully known by, the Consultant without an obligation to maintain its confidentiality prior to receipt from City; ii. is or becomes generally known to the public without violation of this Agreement; iii. is obtained without an obligation of confidentiality by the Consultant in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. Information which is required to be disclosed pursuant to any court order or directive having the force of law. (c) The provisions of this section shall survive the termination of this Agreement. Section 12. Default. Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to Consultant. M Section 13. Indemnification Consultant agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Consultant, or Consultant's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Section 14. Insurance. (a) Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Consultant or Consultant's officers, employees, or agents. (b) Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Consultant in performing the services required by this Agreement. (c) Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Professional Liability Insurance, with minimum limits of One Million Dollars ($1,000,000) on a claims made basis, to protect City from any losses sustained through any errors or omissions committed by Consultant or Consultant's officers, employees, or agents. (d) Consultant agrees to maintain in force at all times during the performance of work under this Agreement workers compensation insurance as required by law. (e) Consultant shall require each of its sub -consultants or sub -Consultants to maintain insurance coverage that meets all of the requirements of this Agreement. (f) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. (g) Consultant shall require each of its sub -contractors or sub -Consultants to maintain insurance coverage which that meets all of the requirements of this Agreement. (h) Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant's expense, the premium thereon. (i) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the insurance evidencing that the coverage and policy endorsements required under this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of insurance required by this Agreement shall contain an additional insured endorsement naming the City, its officers, officials, employees, agents, and volunteers as insured's. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. Q) The insurance provided by Consultant shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, employees, agents, or volunteers shall be excess of Consultant's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. Consultant hereby waives all rights of subrogation against City. (k) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses. Section 15. Assignment and Subcontracting. Consultant shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. Section 16. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Section 17. Attorneys Fees. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 18. Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Section 19. Entire Agreement and Modifications. This Agreement, including attachments incorporated herein by reference, represents the entire agreement and understanding between the Parties, and any negotiation, proposals or oral agreements are intended to be integrated herein and to be superseded by this Agreement. This Agreement may only be modified by a writing signed by both Parties. Section 20. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 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. Section 21. Force Maieure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 22. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Consultant. Section 23. Notices. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City" or "Notice Information — Consultant," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 24. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 25. Headings. Headings used in this Agreement are for convenient reference only and shall not affect the interpretation of the Agreement. Section 26. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 27. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 28. Cost Principles. (a) The Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the allow ability of cost individual items. (b) The Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. (c) Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to the City. 10 Section 29. Prevailing Wages (a) The Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 177, and all federal, state, and local laws and ordinances applicable to the work. (b) Any subcontract entered into as a result of this contract if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article. Section 30. Accounting Reouirements. Consultant and its subconsultants shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system shall conform to the Generally Accepted Accounting Principles ("GAAP") and costs principles set forth in Titles 48 and 49 of the Code of Federal Regulations, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. Section 31. Retention of Records and Access to Records. For the purpose of determining compliance with Section 25000, et seq. of Title 21 of the California Code of Regulations when applicable, and other matters connected with the performance of Consultant's contracts with third parties pursuant to Section 8546.7 of the California Government Code, Consultant and its subconsultants shall maintain all books, documents, papers, records, accounting records and other evidence pertaining to the performance of such contracts, including but not limited to, the cost of administering any subconsultant contracts. Consultant and its subconsultants shall make such materials available at their respective offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment to Consultant and its subconsultants under this Agreement. Consultant shall make available to City or its designee, the U.S. Department of Transportation, the California State Auditor, the Federal Highway Administrator, the United States Controller General, the State of California, or any duly authorized representative of the federal government, access to any books, documents, papers, records, accounting records and other evidence pertaining to the performance of Consultant's services under this Agreement that are pertinent to this Agreement or the Project for audits, examinations or excerpts, and transactions and copies thereof shall be furnished by Consultant if requested. Section 32. Non -Discrimination and Equal Employment Opportunity. (a) Consultant shall not discriminate against any employee for employment, or harass or allow harassment of any employee because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer), family care leave, or sexual orientation. Consultant shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer), family care leave, or sexual orientation. Such actions shall include, but are not limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 11 (b) Consultant shall, in all solicitations or advertisements for employees placed by, or on behalf of Consultant, state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, sex, marital status, national origin, ancestry, age, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer), family care leave, or sexual orientation. (c) Consultant shall comply with the provisions of the California Fair Employment and Housing Act (California Government Code § 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 7285.0 et seq.). (d) Consultant shall permit access to all records of employment, employment advertisements, application forms, and other pertinent employment data and records by the California Fair Employment and Housing Commission, or any other agency designated by the State of California, for the purpose of investigating compliance with subsection (a) of this Section. (e) Consultant shall cause the foregoing subsections (a) and (b) of this Section to be inserted in all contracts entered into as a result of this Agreement, except contracts for standard commercial supplies or raw materials. Section 33. Debarment and Suspension Certification. Consultant certifies, under penalty of perjury under the laws of the State of California, that Consultant has complied with the Debarment and Suspension Certificate, Part 29 of Title 49 of the Code of Federal Regulations, which certifies that Consultant or any person associated with Consultant in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City before commencement of work. Exceptions will be grounds for termination of this Agreement, but will not necessarily result in termination of this Agreement. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action. Section 34. Rebates. Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration, either promised or paid to City or any of its officers, agents or employees. In the event that this warranty is breached or violated, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value to City of the work actually performed; or to deduct from the contract price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. Section 35. Prohibition on Expending Local Agency. State. or Federal Funds for Lobbying. Consultant certifies to the best of its knowledge and belief that: 12 (a) No state, federal or local agency appropriated funds have been paid, or will be paid by or on behalf of Consultant to any person for influencing or attempting to influence an officer of any state or federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a federal contract, grant, loan, or cooperative agreement, Consultant shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying Activities," attached hereto and incorporated herein as Exhibit C. (c) This certification is a material representation of fact upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than Ten Thousand Dollars ($10,000) and not more than One Hundred Thousand Dollars ($100,000) for each such failure. (d) Consultant shall require that the provisions of this Section be included in all subcontracts which exceed One Hundred Thousand Dollars ($100,000) and that all such subrecipients shall certify and disclose accordingly. Section 36. Disadvantaged Business Enterprises (a) This Agreement is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." Proposers who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. (b) If the contract has an underutilized DBE (UDBE) goal, the Consultant must meet the UDBE goal by committing UDBE participation or document a good faith effort to meet the goal. If a UDBE subconsultant is unable to perform, the Consultant must make a good faith effort to replace him/her with another UDBE subconsultant, if the goal is not otherwise met. A UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: African Americans, Native Americans, Asian -Pacific Americans, or Women. (c) DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The Consultant, sub -recipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. 13 (d) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. (e) The City's overall DBE goal is 3% and the UDBE goal is 1 % for the contract. The "Local Agency Proposer UDBE Commitment (Consultant Contract)" and "Local Agency Proposer DBE Information (Consultant Contract)" forms are attached hereto and incorporated herein as Exhibit D. Only UDBE participation will be counted towards the contract goal; however, all DBE participation shall be collected and reported. (f) The purpose of the form is to collect data required under 49 CFR 26. For contracts with UDBE goals, this form collects DBE participation by DBEs owned by Hispanic American and Subcontinent Asian Americans males (persons whose origin are from India, Pakistan, Bangladesh, Bhutan, Maldives Islands, Nepal or Sri Lanka). For contracts with no goals, this form collects information on all DBEs, including UDBEs. Even if no DBE participation is reported, the Consultant must execute the form. Section 37. Subcontractors (a) Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Agency and any subcontractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the Agency for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the Agency's obligation to make payments to the Contractor. (b) Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. (c) Contractor shall pay its subcontractors within ten (10) calendar days from receipt of each payment made to the Contractor by the Agency. (d) Any substitution of subcontractors must be approved in writing by the Agency's Contract Manager in advance of assigning work to a substitute subcontractor. Section 38. Performance of DBE Consultant and other DBE Subconsultants/Suppliers (a) A DBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing; and other relevant factors. (b) A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are 14 passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. (c) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function. Section 39. Prompt Payment of Funds Withheld to Subcontractors No retainage will be withheld by the Agency from progress payments due the prime contractor. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime contractor from progress due subcontractors. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultants and subconsultants. Section 40. DBE Records (a) The Consultant shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. (b) Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprise (DBE), First -Tier Subcontractors," attached hereto and incorporated herein as Exhibit E, certified correct by the Consultant or the Consultant's authorized representative and shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25% of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors" is submitted to the Contract Manager. Section 41. DBE Certification and Decertification Status If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify the Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall 15 notify the Consultant in writing with the date of certification. Any changes should be reported to the Agency's Contract Manager within 30 days. Section 42. Certifications Exhibits F "Certification of Consultant, Commissions & Fees" and Exhibit G, "Certification of Agency" are included as attachments to the contract and made a part of. Section 43. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations under this Agreement. [Signatures Begin on Next Page]. 16 IN WITNESS WHEREOF, the parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City The En and California municipal corporation corpors By Name: William J. Davis Title: =MtffflE-Mayor Pro-Tem Date: 6 /2? 27— 2 AS TO Willard G. Attorney By: Name: Title: By: Name: Title: 17 EXHIBIT A THE ENGINEERING PARTNERS, INC. CONSULTING ENGINEERS C ri 9565 WAPLES STREET, SUITE 100 SAN DIEGO, CA 92121 (858) 824-1761 FAX (858) 824-1768 October 5, 2011 City of Vernon Department of Light and Power 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Ali Nourmohamadian, Electric Utility Engineering Manager Subj: REQUEST FOR PROPOSALS CONSULTANT SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES I�ZxTii�iG1P � . w � �'FTiifTIFTiTi The following is our understanding of work to be accomplished. SCOPE OF WORK Design and prepare plans, specifications, and cost estimate for the relocation of fifteen power poles near the Atlantic Blvd. Bridge over the Los Angeles River. Work associated with this project will be coordinated with the Atlantic Blvd Bridge over the Los Angeles River and the corresponding road widening project currently being prepared by others. The utilities affected by the road and bridge improvements, and this project are all presently overhead. The identified utilities are power (primary and secondary), fiber optic and copper communication, and street lighting. The rerouting of the affected utilities is anticipated to be a combination of underground (south of LA River) and overhead systems (across LA River and portions north). The preparation of plans (design), specifications, and cost estimate for this project will require involvement by several disciplines. The disciplines involved and their associated tasks are the following: 1. Existing utility investigation (location), site survey, and background preparation — Civil 2. Soil boring and laboratory analysis for LA River crossing pole foundation design — Geotechnical 3. Existing utility investigation (system composition and configuration), site survey, and existing conditions — Electrical 4. Design for utility relocation and reconfiguration — Electrical. We will look at both OH and UG crossing at LA River as far as construction feasibility and costs. Permitting requirements and final decision on whether to go UG or OH will be by COV. Impact on schedule to obtain approval for LA River UG permitting is Page 2 October 5, 2011 Re: REQUEST FOR PROPOSALS CONSULTANT SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES unknown at this time. The COV is encouraged to investigate if the approval process will fit into the schedule given this projects time constraint. 5. Pole foundation design, pole loading analysis, cable/wire sag/tension calculations — Civil/Structural. If UG method is chosen, this task and fee will be substituted for the power and communication UG design. 6. Specifications — Electrical/Civil 7. Cost Estimate — Electrical 8. Construction Services - Electrical II. ASSUMPTIONS 1. Electronic CAD files of the planned road and bridge widening project will be made available to EPI. 2. One man -day of design related trip for City requested meeting at COV. 3. There will be three submissions: 50%, 100% or Plan Check Set, and a Final Set for construction. 4. Design completion within six months from the date of award. 5. Travel, printing, reproduction, and delivery related incidental expenses are included. 6. Construction Services will be limited to the following: a. Contractor product submittal reviews. b. Responses to Contractor Requests for Information (RFI's). c. No as -built drawing preparation. As -built drawings by construction Contractor. d. One man -day of on -site meetings/visits during construction. 7. Processing and associated fees for review and approval by outside agencies (other than City of Vernon) will be addressed by the City of Vernon. 8. System analysis for voltage, power flow, fault, grounding, arc flash, etc. is not part of this scope of services. Thank you for this opportunity to participate on this project. If you have any questions, please feel free to give us a call. Sincerely, Romeo Flores, P.E. President Engineering Partners, Inc. P2759r2 — Scope Only EXHIBIT B THE ENGINEERING PARTNERS, INC. CONSULTING ENGINEERS cri 9565 WAPLES STREET, SUITE 100 SAN DIEGO, CA 92121 (858) 8244761 FAX (858) 824-1768 October 5, 2011 City of Vernon Department of Light and Power 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Ali Nourmohamadian, Electric Utility Engineering Manager Subj: REQUEST FOR PROPOSALS CONSULTANT SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES Dear Mr. Nourmohamadian: The following is our fees for work to be accomplished. FEES Our fees for the Scope of Work and our assumptions are the following: Description of Work Total Task 1 - Existing utility investigation (location), site $19,000 survey, and background preparation Task 2 - Soil boring and laboratory analysis for LA River crossing pole foundation design $10,000 Task 3 - Existing utility investigation system composition and configuration), site survey, and $8,505 existing conditions Task 4 - Design for utility relocation and reconfiguration $48,600 Task 5 - Pole foundation design, pole loading analysis, cableAMre sag/tension calculations $25,200 Task 6 - Specifications $16,000 Task 7 - Cost Estimate $5,400 Task 8 - Construction Services $4,680 Total $137,386 We propose to bill on a monthly basis based on percentage of effort put forth on each of the above tasks. Page 2 October 5, 2011 Re: REQUEST FOR PROPOSALS CONSULTANT SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES II. RATE SCHEDULE For additional work requested and approved in writing by the City of Vernon, our hourly Rate Schedule is the following: Rate Category Hourly Rate Principal $165 Project Manager $135 Designer $ 95 Drafting $ 75 Administrative $ 65 Man -day rate for additional meetings requested by the City of Vernon is $1200 which includes incidental travel costs. Thank you for this opportunity to participate on this project. If you have any questions, please feel free to give us a call. Sincerely, Romeo Flores, P.E. President Engineering Partners, Inc. P2759r2 — Fees Only EXHIBIT C Local Assistance Procedures Manual Exhibit C City of Vernon Disclosure of Lobbying Activities Exhibit 10-Q Disclosure of Lobbying Activities DISCLOSURE OF LOBBYING ACTIVITIES 31 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ® a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change C. cooperative agreement c. post -award NA d. loan NA For Material Change Only: e. loan guarantee year_ quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: NA InPrime ❑Subawardee Tier ,if known Congressional District, if known Congressional District, if known 6. Federal Department/Agency: NA 7. Federal Program Name/Description: NA CFDA Number, if applicable NA S. Federal Action Number, if (mown: 9. Award Amount, if (mown: NA NA 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. I Oa) NA (last name, first name, MI) NA (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. $ NA ❑ actual ❑ planned 12. Form of Payment (check all that apply): NA ea. cash b. in -kind; specify: nature value Type of Payment (check all that apply) a. retainer b. one-time fee c. commission d, contingent fee e deferred f. other, specify NA 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including offtcer(s), employee(s), or member(s) contacted, for Payment Indicated in Item II: NA (attach Continuation Sheet(s) if necessary)) 15. Continuation Sheets) attached: Yes ❑ No ®=Flores The Engines P , Inc. does not sictlWOee. 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made orentered into. Ibis disclosureis required pursuant to 31 U.S.C. Print Name 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Title: President Telephone No.: 858-824-1761 Data: 02/08/201 Authorized for Local Reproduction Standard Form - LLL LPage 10-77 PP 06-02 May 1, 2006 E7HIB11r 10-Q Local Assistance Procedures Manual Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Referto the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is end/or has been secured to influence, the outcome of a covered fbderalaction. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting on ity for this covered federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants: 5. If the organization filing the report in Item 4, checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1(e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, giant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in Item 4. to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Lest Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether die payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, anterthe cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. if payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14.Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employce(s) contacted orthe officer(s) employce(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her came title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes par response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-111,aratruaa tiev. 06444Or8tII M Page 10-78 May 1, 2006 LPP 06-02 EXHIBIT D Local Assistance Procedures Manual Exhibit D City of Vernon Local Agency Proposer UDBE Commitment (Consultant Contracts) EXHIBIT 10-01 Local Agency Proposer UDBE Commitment (Consultant Contracts) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCAL AGENCY: City of Vernon LOCATION: Vernon, California PROJECT DESCRIPTION Relocation of Power Poles - Atlantic Blvd. Bridge over Los Angeles River PROPOSALDATE: 10/11/2011 PROPOSER'S NAME: The Engineering Partners, Inc. CONTRACT UDBE GOAL (%): 2% WORK ITEM NO. DESCRIPTION OR SERVICES TO BE SUBCONTRACTED (or contracted if the proposer is a UDBE) UDBE CERT NO. AND EXPIRATION DATE NAME OF EACH UDBE (Most be certified at the time proposals are due - include UDBE address and phone number PERCENT PARTICIPATION OF EACH UDBE 1 Printing 36671 Downtown Digital 2% 2643 4th Ave. San Diego, CA 92103 (619)544-9601 For Local Agency to Complete: Local Agency Proposal Number: Federal -Aid Project Number: Federal Share: Total Claimed UDBE Commitment 2% % Proposal Date: Local Agency certifies that the UDBE certifications have been verified and all information is complete and accurate/unless noted otherwise. Print Name Signature Date Local Agene Representative (Area Code) Telephone Number: Signatur of Proposer 02/14/2012 (858) 824-1761 Date (Area Code) Tel. No. Romeo Flores Person to Contact (Please Type or Print) Local Agency Proposer UDBE Connmianenl (Consultant Conlraas) (Rev 6/27109) Distribution: (])Original -Local agency files RECEIVED FEB 2 2 2017 LIGHT & POWER DEPT LPP 09-02 Page10-73 July 31,2009 EXHIBrr 10-01 Local Assistance Procedures Manual Local Agency Proposer UDBE Commitment (Consultant Contracts) INSTRUCTIONS — LOCAL AGENCY PROPOSER UDBE COMMITMENT (CONSULTANT CONTRACTS) ALL PROPOSERS: PLEASE NOTE: It is the proposer's responsibility to verify that the UDBE(s) falls into one of the following groups in order to count towards the UDBE contract goal: 1) African Americans; 2) Asian - Pacific Americans; 3) Native Americans; 4) Women. This information must be submitted with your proposal. Failure to submit the required UDBE commitment will be grounds for finding the proposal nonresponsive. A "UDBE" is a fine meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: African Americans, Native Americans, Asian -Pacific Americans, or Women. The form requires specific information regarding the consultant contract: Local Agency, Location, Project Description, Proposal Date, Proposer's Name, and Contract UDBE Goal. The form has a column for the Work Item Number and Description or Services to be subcontracted to UDBEs (or performed if the proposer is a UDBE). The UDBE prime contractors shall indicate all work to be performed by UDBEs including work to be performed by its own forces, if a UDBE. The UDBE shall provide a certification mmnber to the Consultant and notify the Consultant in writing with the date of decertification if their status should change during the course of the contract: Enter UDBE prime consultant and subconsultant certification numbers.The form has a column for the Names of certified UDBEs to perform the work (must be certified on the date proposals are due and include UDBE address and phone number). There is a column for the percent participation of each UDBE. Enter the Total Claimed UDBE Participation percentage of items of work submitted with proposal pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the UDBE, describe exact portion of time to be performed or furnished by the UDBE.) See "Notice to Proposers Disadvantaged Business Enterprise Information," (Exhibit 10-1) to determine how to count the participation of UDBE firms. Note: If the proposer has not met the contract goal, the local agency must evaluate the proposer's good faith efforts to meet the goal in order to be considered for award of the contract. Exhibit 10-01 must be signed and dated by the consultant submitting the proposal. Also list a phone number in the space provided and print the name of the person to contact. For the Successful Proposer only, local agencies should complete the Proposal Number, Federal - aid Project Number, Federal Share, and Proposal Date fields and verify that all information is complete and accurate before filing. Page 10-74 July 31, 2009 LPP 09-02 Exhibit D City of Vernon Local Agency Proposer DBE Information (Consultant Contracts) EXHIBIT 10-02 Local Agency Proposer DBE Information (Consultant Contracts) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCAL AGENCY: City of Vernon LOCATION: Vernon, California PROJECT DESCRIPTION: Relocation of Power Poles - Atlantic Blvd. Bridge over Los Angeles River TOTAL CONTRACT AMOUNT 1$): 137,385.00 PROPOSER'S NAME: The Engineering Partners, Inc. WORK ITEM NO. DESCRIPTION OR SERVICES TO BE SUBCONTRACTED (or contracted if the proposer is a DBE) DBE CERT NO. AND EXPIRATION DATE NAME OF EACH DBE (Must be certified at the time proposals are due - include DBE address and phone number DOLLAR AMOUN T OF EACH DBE 1 Printing 36671 Downtown Digital $1,380.00 2643 4th Ave. San Diego, CA 92103 (619)544-9601 For Local Agency to Complete: Local Agency Contract Number: Federal -Aid Project Number: Federal Share: Total Claimed DBE Participation $1,3$Q,QQ 1 Contarct Award: Local Agency certifies that the DBE certifications have been verified and all informations is complete and accurate. Print Name Signature Date Loral Agency Representative Area Code Telephone Number: Signat eofPropos r 02/08/2012 (858)824-1761 Date (Area Code) Tel. No. Romeo Flores For Caltrans Review: Print Name Signature Date Caltrans District Local Assistance Engineer Person to Contact (Please Type or Print) Local Agency Proposer DBE Information (Consultant Conaarcis) (Rev 6/27/09) Distribution: (I) Copy - Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days after contract execution. Failure to send a copy to the DLAE within 15 days after contract execution may result in deobligation of funds for this project. (2) Original - Local agency files Page 10-74a LPP 09-02 July 31, 2009 EXHIBIT 10-02 Local Assistance Procedures Manual Local Agency Proposer DBE Information (Consultant Contracts) INSTRUCTIONS- LOCAL AGENCY PROPOSER DBE INFORMATION (CONSULTANT CONTRACTS) SUCCESSFUL PROPOSER: The form requires specific information regarding the consultant or other contract: Local Agency, Location, Project Description, Total Contract Amount, Proposal Date, and successful Proposer's Name. The form has a column for the Work Item Number and Description or Services to be Subcontracted to DBEs. The prime consultant shall indicate all work to be performed by DBEs including, if the prime consultant is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the prime consultant. Enter DBE prime consultant's and subconsultant's certification number. The form has a column for the Names of DBE certified contractors to perform the work (must be certified on or before the proposals are due and include DBE address and phone number). Enter the Total Claimed DBE Participation dollar amount of items of work in the total DBE Dollar Amount column. (If 100% of item is not to be performed by the DBE, describe exact portion of time to be performed by the DBE) See "Notice to Proposers Disadvantaged Business Enterprise Information," ( Exhibit 10-I) to determine how to count the participation of DBE firms. Exhibit 10-02 must be signed and dated by the successful proposer at contract execution. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Contract Number, Federal -aid Project Number, Federal Share, and Content Award fields and verify that all information is complete and accurate before sigaing and sending a copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure to submit a completed and accurate form within the 15-day time period may result in the deobligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. Page 10-74b July 31, 2009 LPP 09-02 EXHIBIT E [ � Is 2 � | !! |m|■� |k| ■B ! B_ ! | ■ � ■ k ! !i a § © ■ § 2i |2 �� §§ § ! ?lz ul f � ! c hu §§2 M E a| |_ k | § � �■ EMY b B § B EXHBff 17-E Local Assistance Procedures Manual Final Report-Utilizatioa of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors FINAL REPORT — UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST TIER SUBCONTRACTORS CEM 2402(F) (Rev. 02/2008) The form requires specific information regarding the construction project: Contract Number, County, Route, Post Miles, Federal -aid Project No., the Administering Agency, the Contract Completion Date and the Estimated Contract Amount. It requires the prime contractor name and business address. The focus of the form is to describe who did what by contract item number and descriptions, asking for specific dollar values of item work completed broken down by subcontractors who performed the work both DBE and non -DBE work forces. DBE prime contractors are required to show the date of work performed by their own forces along with the corresponding dollar value of work. The form has a column to enter the Contract Item No. (or Item Nds) and description of work performed or materials provided, as well as a column for the subcontractor name and business address. For those firms who are DBE, there is a column to enter their DBE Certification Number. The DBE should provide their certification number to the contractor and notify the contractor in writing with the date of the decertification if their status should change during the course of the project. The form has six columns for the dollar value to be entered for the item work performed by the subcontractor. The Non -DBE column is used to enter the dollar value of work performed for firms who are not certified DBE. The decision of which column to be used for entering the DBE dollar value is based on what program(s) status the firm is certified. This program status is determined by the California Unified Certification Program by ethnicity, gender, ownership, and control issues at time of certification. To confirm the certification status and program status, access the Department of Transportation Civil Rights web site at: bgp://www.dot.ca.gov/hq/beo or by calling (916) 324-1700 or the toll free number at (888) 810-6346. Based on this DBE Program status, the following table depicts which column to be used: DBE Program Status Column to be used If program status shows DBE only with no other program listed DBE If program status shows DBE Black American BA UDBE If program status shows DBE Asian -Pacific Islander APA UDBE if program status shows DBE Native American NA UDBE If program status shows DBE, Woman W UDBE If a contractor performing work as a DBE on the project becomes decertified and still performs work after thew decertification date, enter the total dollar value performed by this contractor under the appropriate DBE identification column. If a contractor performing work as a non -DBE on the project becomes certified as a DBE, enter the dollar value of all work performed after certification as a DBE under the appropriate identification column. Enter the total of each of the six columns in Form CEM-2402(F). Any changes to DBE certification must also be submitted on Form-CEM 2403(F). Enter the Date Work Completed as well as the Date of Final Payment (the date when the prime contractor made the "final payment" to the subcontractor for the portion of work listed as being completed). The ,contractor and the resident engineer sign and date the form indicating that the information provided is complete and correct. Page 17-22 EXHIBIT F Local Assistance Procedures Manual EXHIBIT 10-F City of Vernon Certification of Consultant, Commissions & Fees Exhibit 10-F Certification of Consultant, Commissions & Fees CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the owner and President , and duly authorized representative of the firm of The Engineering Partners, Inc. . whose address is 9565 Waples Street, Suite 100, San Diego, CA 92121 and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, foror in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal-ilid Highwayjunds, and is subject to applicable state and federal laws, both criminal and civil. (Date) Page 10-43 LPP 06-02 May 1, 2006 EXHIBIT G Local Assistance Procedures Manual EXHIBIT 10-G City of Vernon Certification of Local Agency Exhibit 10-G Certification of Local Agency CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the Owner and President The Engineering Partners, Inc. of the , and that the consulting firm of The Engineering Partners, Inc. or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person, or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of federal -aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) (Si ature) Page 10-45 LPP 06-02 May 1, 2006 Juarez, Debbie From: Barcia, Ana Sent: Wednesday, February 29, 2012 4:22 PM To: Juarez, Debbie Subject: RE: Insurance Inquiry - Engineering Partners, Inc. - Res. No. 2012-32 Approved 02-21-12 Sorry, yes forgot to email you earlier this week. Current insurance on file. From: Juarez, Debbie Sent: Wednesday, February 29, 2012 4:17 PM To: Barcia, Ana Subject: FW: Insurance Inquiry - Engineering Partners, Inc. - Res. No. 2012-32 Approved 02-21-12 Any word on this one? (Deborah. Juarez cords ManagementAssistaru City of `Denton - City CCerC's Office 4305 Santa TeAvenue `f�ernon, C.A 90058 (323) 583-8811 From: Juarez, Debbie Sent: Wednesday, February 22, 2012 8:40 AM To: Barcia, Ana Subject: Insurance Inquiry - Engineering Partners, Inc. - Res. No. 2012-32 Approved 02-21-12 Hi Ana. Please let me know if the above -referenced has insurance on file. Thanks. (Debomfi Juarez 2�fcords 914anagewentAssistant City of `veraon - City C(erk:s office 4305,5anta TeAvenue 'Venion, CA 90058 (323) 583-8811 RECEIVED FEB 0 9 2012 RE01=IVED CITY ADMINISTRATION FEB 11 201Z STAFF REPORT CITY CLERKS Off1CF LIGHT & POWER DATE: February 9, 2012 TO: Honorable Mayor and City Council p , FROM: Carlos R. Fandino Jr., Director of Light & Power RE: Atlantic Blvd. Bridge over the Los Angeles River Rehabilitation The Engineering Partners, Inc. (EPI) Contract — Utility Pole Relocation PURPOSE: To bring the Atlantic Boulevard bridge up to structural standards, and to comply with the accepted design requirements of Cal Trans and the County of Los Angeles, the County of Los Angeles Flood Control Department and the U.S. Army Corps of Engineers, it will be necessary to relocate several power poles along Atlantic Blvd. and LA River crossing. On April 5, 2011, City Council adopted Resolution No. 2011-43 authorizing the issuance of a formal RFP. The engineering consulting firm, The Engineering Partners, Inc. was selected to provide engineering consultant services based on their qualifications and experience. RECOMMENDATION It is recommended that the City enter into a consulting services agreement with EPI, Inc. setting forth the terms and conditions governing the provision of design services for the rehabilitation project. The attached consulting services agreement has been reviewed and approved as to form by the Legal Department, and is submitted herewith for consideration and approval by City Council at the February 21, 2012 meeting. FISCAL IMPACT City staff negotiated a fee for a not to exceed amount of $137,385.00. CRF:ah Attachments CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: March 22, 2011 TO: FROM: Willard G. Yamaguchi, Interim City Carlos Fandino, Director of Light & Power Attorney RE: Atlantic Blvd. Bridge over the.Los Angeles River — Highway Bridge Program - Electric Pole Line Relocation - Request for Proposals (REP) I have received and reviewed your Memorandum dated April 15, 2011, and the attachments thereto. I have the following suggested changes to the draft services agreement: Page.7, Section 16 - Arbitration and Venue clause should read: Any dispute, claim or controversy arising out of or.relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitrator shall be a retired judge. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. All decisions of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, .-Los Angeles County. Otherwise the Request for Proposals is approved as to form. WY:em THE ENGINEERING PARTNERS, INC. CONSULTING ENGINEERS cri 9565 Waples Street, Suite 100 San Diego, CA 92121 (858) 824-1761 FAX (858) 824-1768 LETTER OF TRANSMITTAL Date: 8-Feb-12 To: City of Vernon 4305 S. Santa Fe Avenue Vernon, CA 90058 RFCE'VFD FEg p 9 ?Ol Tyr& PowFRaEpr EPI Job No. P2759 Fax: Attn: Ali Nourmohamadian, Elec Util Engineer Phone: 323-583-8811 Subject: Relocation of Power Poles for Rehab of Atlantic Blvd Bridge Over Los Angeles River Forwarding: x Overnight By Mail _ By Messenger _ Fax Hand Delivered Transmitted For: x Signature Your Review/Comments x As Requested Your Use Your Information Quantity Description 1 Signed Consulting Services Agreement 1 Signed Exhibits C, D, F, and G Remarks: CHANGE ORDERS CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: EWIW"Otl ,i CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) --6ERVICES ❑ MATERIALS o BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ A 1 S - Charge Acct. No(s) 0 5 '1WO IXab Amendment Value $10T ❑ Contract is an Amendment to Contract No.V'013I (if applicable) RESPONSIBLE DEPARTMENT PERSON: ALL " PHONE: ext.3 �Ip AUTHORIZATION: ❑ Approved by Council on (Check One) Resolution No. (if applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation Amendment Approved byl2l o� 114 b t1 vt CW Qr i (if applicable) ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of contract, insurance & bond documents, certifies compliance with Competitive Bidding and Purchasing Ordinance (2) Liability and Claims Approves insurance and sureties, if bonds required (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget (4) City Attorney Approves contract as to form, verifies bonds and insurance included (5) City Signatory Signs all copies on behalf of City (6) City Clerk Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor, notifies IT to remove related RFP/ notice, notifies any "consultant" of duties to file Form 700, if applicable bid Initials WE i j IN/ly Rev. 1/27/14 TRANSMITTAL COMMUNICATION OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 December 22, 2014 Romeo Flores, P.E., President The Engineering Partners, Inc, 9565 Waples Street, Suite 100 San Diego, CA 92121 Re: Change Order No. 1 to Consulting Services Agreement — Relocation of Power Poles Related to Rehabilitation of the Atlantic Blvd. Bridge Dear Mr. Flores: The insurance requirements have been met. Transmitted herewith is a copy of the fully executed original change order as referenced above, approved by City Council minute order on December 9, 2014. If you have any questions regarding this matter, please call Ali Nour, at (323) 583-8811 ext. 316. Very truly yours, Deborah R. Juarezl Records Management Assistant Enclosure c: Carlos Fandino Javier Valdez Ali Nour Purchasing Department Resolution No. 2012-32 Agreement No. 12-019 E)Ccfusivefy Industriaf CITY OF VERNON DEPARTMENT OF GAS & ELECTRIC CHANGE ORDER NO 1 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS Design and Preparation of Plans for the Relocation PROJECT: Power Poles related to Atlantic Blvd./Los Angeles Contract No. LP-0131 River Bridge Rehabilitation FEDERAL PROJECT No. N/A REQUESTED BY: City of Vernon - VG&E TO: Engineering Partners, Inc. CONTRACTOR EDEN Project No. N/A Supplemental No. N/A P.O. No. LP-0131 You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. The Design and Preparation of Plans for the Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River. The cost will be amended according to the Engineering Partners, Inc. scope of work proposal dated November 20, 2014. Project Schedule Will have no impact on the completion date to the revised schedule. Contract Cost Cost adjustment for the contract for additional services to complete power line crossing profile survey study. The additional cost not to exceed: $10,000.00 Contract Amount Base Bid ............................................... $ 137 385.00 Amount of This Change OrderI ............................................. $ 10,000.00 Amount of Previous Change OrdersI ......................................... $ 00 Total Change Orders I ...................................................— $ 10,000.00 Modified Contract Amount ............................................. $ 147,385.00 P Approved: Date: Mark Whitwort i FAdministrator Attest: Date:4 y y 14 Ana ss' , uvlpmjerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all .labor, equipment and materials, including overhead, except as may otherwise he noted above, and perform all services necessary for the work above specified, and will acceptors full payment therefore the prices shown above. Accepted Date: 12/11)1 Consultant: Engineering Partners, Inc. By: Title: President Romeo sores' STAFF REPORT RECEIVED DEC 012914 CITY CLERK'S OFFICE Aft RECEIVED DEC 01 2014 CITY ADMINISTRATION STAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT DATE: December 9, 2014 cc TO: Honorable Mayor and City Council �,\y FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric ��✓ RE: Approval of Change Order No. 1 to the Existing Consulting Services Agreement with Engineering Partners, Inc., for the Design and Preparation of Plans for the Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River Bridge Recommendation It is recommended that the City Council: Find that the approval of Change Order No. 1 the Consulting Services Agreement with Engineering Partners, Inc., ("EPP'), is in within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063, the lead agency shall conduct an initial study to determine if the project may have a significant effect on the environment, and Section 15070. 2. Approve and authorize the City Administrator to execute Change Order No.1, in substantially the same form as submitted herewith, to existing consulting services agreement with EPI for services related to compensation amount not -to -exceed $10,000; to a not -to -exceed amount of $147,385. Backaround additional surveying requirements, for a thereby increasing the total contract value The Atlantic Boulevard Bridge over the Los Angeles River was constructed in 1931. Due to the narrow pedestrian walkway and traffic lanes, the bridge will be inadequate for the projected traffic volume of vehicles and trucks traveling the route. As a result, the bridge must be modernized to meet current structural standards and comply with the accepted design requirements of Caltrans, the County of Los Angeles, the County of Los Angeles Flood Control Department, and the U.S. Army Corps of Engineers. The bridge improvements will require the relocation of several power poles along Atlantic Blvd. and the LA River crossing. On April 5, 2011, the City Council adopted Resolution No. 2011-43 authorizing the issuance of a Request for Proposals ("RFP") for the preparation of plans and specifications for the relocation work. The City selected EPI, based on demonstrated competence and responsiveness to the RFP. On February 21, 2012, the City Council adopted Resolution No. 2012-32 approving a Consulting Services Agreement with PEI for an amount not -to -exceed $137,385. A significant portion of the consulting services agreement with EPI is the relocation of the 16 KV line crossing the Los Angeles River as a result of the Atlantic Blvd Bridge widening and rehabilitation project. The continuation of the 16 KV line to the south side of the bridge was a challenge due to space constraints. After several iterations of concept designs of these lines, the City has decided that the relocation of the L.A. River crossing at the east side of Atlantic Bridge is too difficult to complete within reasonable cost parameters. A decision was made to move the 16 KV line to the west side of the bridge. A concept drawing was prepared by EPI to show the revised routing and it was submitted to Los Angeles Department of Water and Power ("LADWP") since the revised route would encroach in LADWP transmission right of way. LADWP provided comments and asked for additional data. Specifically, they asked the City to survey the existing LADWP transmission lines that cross the City's proposed 16 KV lines and provide plan and profile of existing lines and proposed new lines to ensure adequate California General Order 95 ("G.O. 95") clearances are met. Survey data will be in conformance with the LADWP conductor survey instruction. The proposed Change Order No. 1 to the consulting services agreement with EPI will address LADWP's request for survey data. Fiscal Impact The proposed Change Order No. 1 shall not exceed a total amount of $10,000, inclusive of expenses. Sufficient funds are available in the 2014-2015 VG&E Engineering budget. Attachments CITY OF VERNON DEPARTMENT OF GAS & ELECTRIC CHANGE ORDER NO 1 SUPPLEMENT NO. SHEET I OF 1 SHEETS Design and Preparation of Plans for the Relocation PROJECT: Power Poles related to Atlantic Blvd./Los Angeles Contract No. LP-0131 River Bridge Rehabilitation FEDERAL PROJECT No. N/A EDEN Project No. N/A REQUESTED BY: City of Vernon - VG&E Supplemental No. N/A TO: Engineering Partners, Inc. CONTRACTOR P.O. No. LP-0131 You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. The Design and Preparation of Plans for the Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River. The cost will be amended according to the Engineering Partners, Inc. scope of work proposal dated November 20, 2014. Project Schedule Will have no impact on the completion date to the revised schedule. Contract Cost Cost adjustment for the contract for additional services to complete power line crossing profile survey study. The additional cost not to exceed: $10,000.00 Contract Amount (Base Bid) ............................................... $ 137,385.00 Amount of This Change Order I ............................................. $ 10,000.00 Amount of Previous Change Orders I ......................................... $ 00 Total Change Orders I ..................................................... $ 10,000.00 Modified Contract Amount ............................................. $ 147,385.00 Approved: Date: Mark Whitworth, City Administrator Attest: Date: Ana Barcia, Deputy City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Consultant: By: Title: THE ENGINEERING PARTNERS, INC. CONSULTING ENGINEERS tri 9565 WAPLES STREET, SUITE 100 SAN DIEGO, CA 92121 (858) 8244761 FAX (858) 824-1768 November25, 2014 City of Vernon Department of Light and Power 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Ali Nourmohamadian, Electric Utility Engineering Manager Subj: PROPOSAL FOR CHANGE ORDER #1 (ADDITIONAL SURVEY) TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES Ref: City of Vernon P.O. #055.0001695 dated 3/28/2012 Dear Mr. Nourmohamadian: This proposal is to add our original proposal P2759r2 which was basis of the referenced purchase order. Background A significant part of this project is the relocation of the 16 kV line crossing the Los Angeles River as a result of the Atlantic Blvd Bridge widening project. The continuation of the 16 kV line to the south side of the bridge was a challenge due to space constraints. After several iterations of concept designs of these lines, the City has decided that the relocation of the L. A. River crossing at the east side of Atlantic Bridge is too difficult to complete at reasonable costs. A decision was made by the City to move the 16kV line to the west side of the bridge. A concept drawing was prepared by EPI to show the routing and said drawing along with other improvements as part of the road widening was submitted to LADWP (Los Angeles Department of Water and Power. LADWP provided comments and/or requirements, one of them is to survey the existing high voltage line and provide height of poles and lines in the vicinity of the high voltage line. Page 2 November 24, 2014 Subj: PROPOSAL FOR CHANGE ORDER #1 (ADDITIONAL SURVEY) TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES Scone Survey existing L. A. Department of Water and Power lines that cross the City's 16 kV lines and provide plan and profile of existing lines and proposed new line to ensure adequate Cal G. O. 95 clearances are met. Survey data will be in conformance with the LADWP conductor survey instruction. Fees For the task enumerated above the fee is $10,000. This cost will be in addition to cost of Task 4 of subject PO as itemized in EPI proposal P2759r2. Thank you for this opportunity to participate on this project. If you have any questions, please feel free to give us a call. Sincerely, Romeo Flores, P.E. President P3669R3 City of Vernon Vendor #004639 INSURANCE DOCUMENTS A �® CERTIFICATE OF LIABILITY INSURANCE 3/27/20' 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 pollcy(les) must 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). PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 CONT CT NAME: Certificate Department PHONE FAX 619-234-8601 ,619-234-6848 A/C No: E-MAIL ADDRESS: certificates@cavignac.com INSURERS AFFORDING COVERAGE NAICd License No. OA99520 INSURER A: TRAVET ER S DROP CAS C0 OF AMER ?I;r74 INSURED INSURERS:j-]AR D FIRE IN CO 19682 INSURER C: BEAZLEY INS CO INC 37540 The Engineering Partners, Inc. 9565 Waples St. Suite 100 San Diego, CA 92121 United States iINSURER D: INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 261736 REVISION NUMBER: 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 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L R TYPE OF INSURANCE ADDL 891UBB POLICY NUMBER MM/�DYEFF NYYY MMIDDY/ VYY LIMITS A GENERAL LIABILITY 6807DS61294 4/1/2014 4/1/2015 EACH OCCURRENCE $ 1,000, 000 PREMISES Me occurrence $ 1,000, 000 X COMMERCIAL GENERAL LIABILITY MED EXP (my one person) $ 10,000 CLAIMS.MADE X� OCCUR PERSONAL& ADV INJURY $ 1,000, 000 X X GENERALAGGREGATE $ 2,000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGO $ 2, 000,000 Deductible $ 0 POLICY X PRO-LOC JECT A AUTOMOBILE LIABILITY 6A4g25379A /1/2014 4/1/2015 COMBINED SINGLE LIMIT Eeaccident 1, 000, 000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALLOWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS(Par PROPERTY DAMAGE accident) $ $ X NO Co. Owned Autos p I( UMBRELLA LU1a X1 OCCUR CUP004E243586 4/1/2014 4/1/2015 EACH OCCURRENCE $ 2 000 000 AGGREGATE $ 2, 000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION$ $0 $ B WORKERS dDMPEN$AnDN AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE T2WBCTR188'/ 4/1/2019 4/1/2015 WCS }( TATU- OTH. E.L. EACH ACCIDENT $ 1,000,000 OFFICERNEMBER EXCLUDED? (Mandatory In NH) NIA X E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1 000 000 11 Yes, describe under DESCRIPTION OF OPERATIONS balm C Professional Liability V152SC140101 4/1/2014 4/1/2015 Ea Claim & Aggreg $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: Consultant Services for the Relocation of Power Poles. Additional Insured coverage applies to General Liability for City of Vernon per policy form. Primary coverage applies to General Liability per policy form. Waiver of subrogation applies to General Liability and Workers Compensation per policy form. Professional Liability - Claims made form, defense costs included within limit. INSURANCE, AP28031FI) CERTIFICATE HOLDERC)Tf Qr2 VFA&lQKI CANCELLATION City of Vernon �T 4305 Santa Fe Avenue'eA'` �1 II(. SHOULD ANY THE ABOVE DESCRIBED POLICIESLL CANCELLED BEFORE Vernon, CA 90058 l l `C THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN IO United States ----'--r�1'._---.- ACCORDANCE WITH THE POLICY PROVISIONS. kJ AUTHORIZED REPRESENTATIVE Dorothy Amundson a�/o�►.-_� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD EXIGIS - CAVIGNAC & ASSOCIATES 261738 Page 2 M 4 POLICY NUMBER: 6807DS61294 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSUREQNSURANCE APPROVED (ARCHITECTS, ENGINEERS AND SUR ORS)RNON RIS ANAGEMEN This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART DATE �71 K), A. The following is added to WHO IS AN INSURED (Section Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury' for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and C. Before the end of the policy period. © 2007 The Travelers Companies, Inc. CG D3 8109 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Page 3 of 4 WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The following "attaching clause' need be completed only when this endorsement Is issued subsequent to preparation of the policy.) This endorsement, effective on 4/1/2014 at 12:01 A.M. standard time, forms a part of Policy No. 72WECTR1887 Endorsement No. Of the HARTFORD FIRE IN CO Issued tO:The Engineering Partners, Inc. 9565 Waples St. Suite 100 San Diego, CA 92121 United States Policy Expiration Date: 4/1/2015 Premium (if any)$ NCCI Carrier Code Authorized Representative Dorothy Amundson We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US INSURANCE APPROVED CITY OF VERNON RISK MANAGEMENT �a Iti11�k DATE Page 4 of 4 CAVIGNAC riASSOCIATES INSURANCE BROKERS License No, OA99520 450 B Street, Suite 1800 San Diego, CA 92101-8005 Tel. 619.234.6848 a Fax 619.234.1239 • Web www.cavignac.com City of Vernon 4305 Santa Fe Avenue Vernon, CA, 90058 Mar 27, 2014 Re: The Engineering Partners, Inc. To Whom It May Concern: Enclosed is a certificate of insurance, as requested. If you have questions or require changes, please contact our office via email (certificates@cavignac.com) or fax (619-234-1239). Please include a copy of the certificate with your request or reference ID number 261736. Sincerely, Cavignac & Associates Certificate Department certificates@cavignac.com 619-234-1239 (fax) cc: The Engineering Partners, Inc. - Certificate of Insurance Page 1 of 4 CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: 2�C'7//I-�i�✓✓t/C-7 irt'TJl/Fi�s //IfL. CONTRACT PURPOSE: i /VZ5-7©Gil T7,!7,71/ 0/,�- POZr-r� 1,42� /f-1- -1V7R- CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) IYIERVICES t7 MATERIALS M BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ Z7Z, 395 Charge Acct. No(s) O i ,'7i 100, 9 o0oo A Amendment Value $ /Z5000 o Contract is an Amendment to Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: -/-/ /VOl/3(' PHONE: ext. 3 /& AUTHORIZATION: XApproved by Council on 2 3 /5- (Check One) Resolution No. 1f applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation ❑Amendment Approved by (if applicable) ROUTING SEQUENCE: (Please Follow In Order - Do not use N/A) Initials Date (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of Z'f I y contract, insurance & bond documents, certifies compliance with Competitive Bidding and Purchasing Ordinance (2) Liability and Claims Z �� Approves insurance and sureties, if bonds required (3) Finance (Purchasing)t'— Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget (4) City Attorney Approves contract as to form, bonds insurance included verifies and (5) City Signatory Signs all copies on behalf of City (6) City Clerk Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor, notifies IT to remove related RFP/bid notice, notifies any "consultant' of duties to file Form 700, if applicable Rev. 1/27/14 CITY OF VERNON DEPARTMENT OF GAS & ELECTRIC CHANGE ORDER NO 2 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS Design and Preparation of Plans for the Relocation PROJECT: Power Poles related to Atlantic Blvd./Los Angeles Contract No. LP-0131 River Bridge Rehabilitation FEDERAL PROJECT No. N/A REQUESTED BY: City of Vernon - VG&E TO: Engineering Partners, Inc. CONTRACTOR EDEN Project No. N/A Supplemental No. N/A P.O. No. LP-0131 You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Detailed Design and Preparation of Plans for the Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River. The cost and plan will be amended according to the Engineering Partners, Inc. scope of work proposal dated January 16, 2015. Proiect Schedule Will have no impact on the completion date to the revised schedule. Contract Cost Cost adjustment for the contract for additional services to complete power line crossing detailed design to be relocated to the west side of the Bridge. The additional cost not to exceed: $125,000.00 Contract Amount (Base Bid) ............................................... $ 137,385.00 Amount of This Change Order I ............................................. $ 125,000.00 Amount of Previous Change OrdersI ......................................... $ 10,000.00 Total Change Orders I ..................................................... $ 135,000.00 Modified Contract Amount ............................................. $ 272,385.00 Approved: Date: 41.2 - 117-16 Mark Whitworth, City A 'nistrator Attest: Date: Ana Barcia, Q!.poicirml We, the undersigned Contractor, have given careful consideration to the c nge proposed and hereby agree, if this pro sal is proved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services sary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: 2/23/15 Consultant: The Engineering Partners, Inc. Presi ent By: Title: THE ENGINEERING PARTNERS, INC, CONSULTING ENGINEERS 9 ri 9565 WAPLES STREET, SUITE 100 SAN DIEGO, CA 92121 (858) 824-1761 FAX (858) 824-1768 January 16, 2015 City of Vernon Department of Light and Power 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Ali Nourmohamadian, Electric Utility Engineering Manager Subj: PROPOSAL FOR CHANGE ORDER NO.2 TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES Ref: City of Vernon P.O. #055.0001695 dated 3/28/2012 Dear Mr. Nourmohamadian: This proposal is to amend our original proposal P2759r2 which was basis of the referenced purchase order. Backaround A significant part of this project is the relocation of the 16 kV line crossing the Los Angeles River as a result of the Atlantic Blvd Bridge widening project. The continuation of the 16 kV line to the south side of the bridge was a challenge due to space constraints. After several iterations of concept designs of these lines, the City has decided that the relocation of the L. A. River crossing at the east side of Atlantic Bridge is too difficult to complete at reasonable costs. A decision was made by the City to move the 16kV line to the west side of the bridge. The City requested EPI complete a concept design for the L. A. River on the west side of the bridge. The development of concept design to this stage has expended 85% of the overall design budget covered by the purchase order. As such, the City has requested that EPI prepare a cost proposal to complete development of construction plans, specifications, and costs estimate based on current concept design. Scone The following is our understanding of the changes in the scope of work: 1. Re -design the L.A. River crossing at the west side of Atlantic Blvd Bridge Page 2 January 16, 2015 Subj: PROPOSAL FOR CHANGE ORDER NO.2 TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES 2. Re-route affected lines to new poles at L. A. River crossing. 3. Coordinate construction design with CNS Engineers (the City's Bridge Consultant). It is assumed that CNS Engineers will assemble the pole relocation and bridge construction designs into one package. In addition, CNS Engineers will responsible for any coordination and permitting required for the erection of the poles within the flood channel, legal related to easement acquisition, traffic plans, etc. related to work within the flood channel. Fees Based on changes in scope, we request the following additional fees: Description of Work Total 1. Re -design L.A. River Crossing $75,000 2. Design get away lines from new poles at L.A. River Crossing $40,000 3. Meetings $10,000 Total $125,000 Thank you for this opportunity to participate on this project. If you have any questions, please feel free to give us a call. Sincerely, Romeo Flores, P.E. President P4063 City of Vernon Vendor #004639 it I —a -AA. OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 18, 2015 Romeo Flores, P.E., President The Engineering Partners, Inc. 9565 Waples Street, Suite 100 San Diego, CA 92121 Re: Change Order No. 2 to Consulting Services Agreement — Relocation of Power Poles Related to Rehabilitation of the Atlantic Blvd. Bridge Dear Mr. Flores: The insurance requirements have been met. Please find enclosed one partially executed original change order that was approved by City Council minute order on February 3, 2015. Please have the authorized party at your company execute the change order and return the fully executed original document to my attention for the City's file. If you have any questions regarding this matter, please call Mr. Ali Nour, at (323) 583-8811 Ext. 316. Very truly yours, orah /RJuarez Records Management Enclosure c: Carlos Fandino Javier Valdez Ali Nour Purchasing Department Resolution No. 2012-32 Agreement No. 12-019 Excfusively Industnaf CITY OF VERNON DEPARTMENT OF GAS & ELECTRIC CHANGE ORDER NO 2 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS Design and Preparation of Plans for the Relocation PROJECT: Power Poles related to Atlantic Blvd./Los Angeles Contract No. LP-0131 River Bridge Rehabilitation FEDERAL PROJECT No. N/A EDEN Project No. N/A REQUESTED BY: City of Vernon - VG&E Supplemental No. N/A TO: Engineering Partners, Inc. CONTRACTOR P.O. No. LP-0131 You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Detailed Design and Preparation of Plans for the Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River. The cost and plan will be amended according to the Engineering Partners, Inc. scope of work proposal dated January 16, 2015. Proiect Schedule Will have no impact on the completion date to the revised schedule. Contract Cost Cost adjustment for the contract for additional services to complete power line crossing detailed design to be relocated to the west side of the Bridge. The additional cost not to exceed: $125,000.00 Contract Amount (Base Bid) I ............................................... 385.00 Amount of This Change Order ............................................. 000.00 Amount of Previous Change Orders ......................................... 000.00 E$272,385.00 Total Change Orders ..................................................... 000.00 Modified Contract Amount ............................................. J Approved: Date: 2 Mark Whitworth, City A nistrator ate: Attest: DI is Ana Barcia, tPAICirril We, the undersigned Contractor, have given careful consideration to the c nge proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Consultant: By: Title: THE ENGINEERING PARTNERS, INC. CONSULTING ENGINEERS C ri 9565 WAPLES STREET, SUITE 100 SAN DIEGO, CA 92127 (858) 824-1761 FAX (858) 824-1768 January 16, 2015 City of Vernon Department of Light and Power 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Ali Nourmohamadian, Electric Utility Engineering Manager Subj: PROPOSAL FOR CHANGE ORDER NO.2 TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES Ref: City of Vernon P.O. #055.0001695 dated 3/28/2012 Dear Mr. Nourmohamadian: This proposal is to amend our original proposal P2759r2 which was basis of the referenced purchase order. Backaround A significant part of this project is the relocation of the 16 kV line crossing the Los Angeles River as a result of the Atlantic Blvd Bridge widening project. The continuation of the 16 kV line to the south side of the bridge was a challenge due to space constraints. After several iterations of concept designs of these lines, the City has decided that the relocation of the L. A. River crossing at the east side of Atlantic Bridge is too difficult to complete at reasonable costs. A decision was made by the City to move the 16kV line to the west side of the bridge. The City requested EPI complete a concept design for the L. A. River on the west side of the bridge. The development of concept design to this stage has expended 85% of the overall design budget covered by the purchase order. As such, the City has requested that EPI prepare a cost proposal to complete development of construction plans, specifications, and costs estimate based on current concept design. Scope The following is our understanding of the changes in the scope of work: 1. Re -design the L.A. River crossing at the west side of Atlantic Blvd Bridge Page 2 January 16, 2015 Subj: PROPOSAL FOR CHANGE ORDER NO.2 TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES 2. Re-route affected lines to new poles at L. A. River crossing. 3. Coordinate construction design with CNS Engineers (the City's Bridge Consultant). It is assumed that CNS Engineers will assemble the pole relocation and bridge construction designs into one package. In addition, CNS Engineers will responsible for any coordination and permitting required for the erection of the poles within the flood channel, legal related to easement acquisition, traffic plans, etc, related to work within the flood channel. Fees Based on changes in scope, we request the following additional fees: Description of Work Total 1. Re -design L.A. River Crossing $75,000 2. Design get away lines from new poles at L.A. River Crossing $40,000 3. Meetings $10,000 Total $125,000 Thank you for this opportunity to participate on this project. If you have any questions, please feel free to give us a call. Sincerely, Romeo Flores, P.E. President P4063 City of Vernon Vendor #004639 JAN 2 7 2015 CITY CLERK'S OFFICE C W6 . oowcf RECEIVED JAN 2 7 2015 STAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT DATE: February 3, 2015 CITY ADMINISTRATION TO: Honorable Mayor and City Council FROM: Carlos Fandino. Jr., Director of Vernon Gas & Electric RE: Approval of Change Order No. 2 to the Existing Consulting Services Agreement with Engineering Partners, Inc., for the Detailed Design and Preparation of Plans for the Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River Bridge Recommendation It is recommended that the City Council: Find that the approval of Change Order No. 2 the Consulting Services Agreement with Engineering Partners, Inc., ("EPI"), is in within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063. The lead agency shall conduct an initial study to determine if the project may have a significant effect on the environment, and Section 15070. 2. Approve and authorize the City Administrator to execute Change Order No. 2, in substantially the same form as submitted herewith, to the existing consulting services agreement with EPI for services related to additional detailed design and preparation of plans to reconstruct the overhead electric system on the west side of the Atlantic bridge, for a compensation amount not -to -exceed $125,000; thereby increasing the total contract value to a not -to -exceed amount of $272,385. Background The Atlantic Boulevard Bridge over the Los Angeles River was constructed in 1931. Due to the narrow pedestrian walkway and traffic lanes, the bridge will be inadequate for the projected traffic volume of vehicles and trucks traveling the route. As a result, the bridge must be modernized to meet current structural standards and comply with the accepted design requirements of Caltrans, the County of Los Angeles, the County of Los Angeles Flood Control Department, and the U.S. Army Corps of Engineers. The bridge improvements will require the relocation of several power poles along Atlantic Blvd. and the LA River crossing. On April 5, 2011, the City Council adopted Resolution No. 2011-43 authorizing the issuance of a Request for Proposals ("RFP") for the preparation of plans and specifications for the relocation work. The City selected EPI, based on demonstrated competence and responsiveness to the RFP. On February 21, 2012, the City Council adopted Resolution No. 2012-32 approving a Consulting Services Agreement with PEI for an amount not -to -exceed $137,385. On December 9, 2014, the City Council approved Change Order No. 1 to the consulting services agreement for an amount not -to -exceed $10,000 to perform a power line crossing profile survey required by LADWP. A significant portion of the consulting services agreement with EPI is the relocation of the 16 KV line crossing the Los Angeles River as a result of the Atlantic Blvd Bridge widening and rehabilitation project. The continuation of the 16 KV line to the south side of the bridge was a challenge due to space constraints. After several iterations of concept designs of these lines, the City has decided that the relocation of the L.A. River crossing at the east side of Atlantic Bridge is too difficult to complete within reasonable cost parameters. A decision was made to move the 16 KV line to the west side of the bridge. Change Order No. 2 addresses detailed design of structures and related line crossing tasks that include utilities inventory; soil boring and foundation design; detailed specifications; structure loading analysis; revised cost estimates; and construction services. Fiscal Impact The proposed Change Order No. 2 shall not exceed a total amount of $125,000, inclusive of all related expenses. Sufficient funds are available in the 2014-2015 VG&E Engineering budget. Attachments CITY OF VERNON DEPARTMENT OF GAS & ELECTRIC CHANGE ORDER NO 2 SUPPLEMENT NO. _ SHEET 1 OF 1 SHEETS Design and Preparation of Plans for the Relocation PROJECT: Power Poles related to Atlantic Blvd./Los Angeles Contract No. LP-0131 River Bridge Rehabilitation FEDERAL PROJECT No. N/A EDEN Project No. N/A REQUESTED BY: City of Vernon - VG&E Supplemental No. N/A TO: Engineering Partners, Inc. CONTRACTOR P.O. No. LP-0131 You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Detailed Design and Preparation of Plans for the Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River. The cost and plan will be amended according to the Engineering Partners, Inc. scope of work proposal dated January 16, 2015. Proiect Schedule Will have no impact on the completion date to the revised schedule. Contract Cost Cost adjustment for the contract for additional services to complete power line crossing detailed design to be relocated to the west side of the Bridge. The additional cost not to exceed: $125,000.00 Contract Amount Base Bid) .............................................. $ 137,385.00 Amount of This Change Order I ............................................. $ 125,000.00 Amount of Previous Chan a Orders I ......................................... $ 10,000.00 Total Change OrdersI ..................................................... $ 135,000.00 Modified Contract Amount ............................................. $ 272,385.00 Approved: Date: Mark Whitworth, City Administrator Attest: Date: Ana Barcia, Deputy City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Consultant: By: Title: THE ENGINEERING PARTNERS, INC. CONSULTING ENGINEERS cri 9565 WAPLES STREET, SUITE 100 SAN DIEGO, CA 92121 (858) 824-1761 FAX (858) 824-1768 January 16, 2015 City of Vernon Department of Light and Power 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Ali Nourmohamadian, Electric Utility Engineering Manager Subj: PROPOSAL FOR CHANGE ORDER NO.2 TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES Ref: City of Vernon P.O. #055.0001695 dated 3/28/2012 Dear Mr. Nourmohamadian: This proposal is to amend our original proposal P2759r2 which was basis of the referenced purchase order. Backaround A significant part of this project is the relocation of the 16 kV line crossing the Los Angeles River as a result of the Atlantic Blvd Bridge widening project. The continuation of the 16 kV line to the south side of the bridge was a challenge due to space constraints. After several iterations of concept designs of these lines, the City has decided that the relocation of the L. A. River crossing at the east side of Atlantic Bridge is too difficult to complete at reasonable costs. A decision was made by the City to move the 16kV line to the west side of the bridge. The City requested EPI complete a concept design for the L. A. River on the west side of the bridge. The development of concept design to this stage has expended 85% of the overall design budget covered by the purchase order. As such, the City has requested that EPI prepare a cost proposal to complete development of construction plans, specifications, and costs estimate based on current concept design. Scope The following is our understanding of the changes in the scope of work: 1. Re -design the L.A. River crossing at the west side of Atlantic Blvd Bridge Page 2 January 16, 2015 Subj: PROPOSAL FOR CHANGE ORDER NO.2 TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES 2. Re-route affected lines to new poles at L. A. River crossing. 3. Coordinate construction design with CNS Engineers (the City's Bridge Consultant). It is assumed that CNS Engineers will assemble the pole relocation and bridge construction designs into one package. In addition, CNS Engineers will responsible for any coordination and permitting required for the erection of the poles within the flood channel, legal related to easement acquisition, traffic plans, etc. related to work within the flood channel. Fees Based on changes in scope, we request the following additional fees: Description of Work Total 1. Re -design L.A. River Crossing $75,000 2. Design get away lines from new poles at L.A. River Crossing $40,000 3. Meetings $10,000 Total $125,000 Thank you for this opportunity to participate on this project. If you have any questions, please feel free to give us a call. Sincerely, Romeo Flores, P.E. President P4063 City of Vernon Vendor #004639