HomeMy WebLinkAboutE-11 Staff Report - Award a PSA to HR Green for Design of Alosta Avenue Improvements ProjectCONSENT ITEM
E-11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: DON PENMAN, INTERIM CITY MANAGER
FROM: DANIEL BOBADILLA, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
DATE: DECEMBER 4, 2017
SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT TO HR GREEN PACIFIC,
INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES RELATED TO
THE ALOSTA AVENUE STREET IMPROVEMENTS PROJECT
SUMMARY:
On August 21, 2017, the City Council authorized Staff to solicit proposals from engineering consultants
to provide professional engineering services for the Alosta Avenue Street Improvements Project. This
project proposes to construct street improvements on Alosta Avenue between Citrus Avenue and
Barranca Avenue. The proposed actions award a professional services agreement to HR Green Pacific,
Inc. as the most qualified consultant.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1) Award a professional services agreement to HR Green Pacific Inc. for a total not-to-exceed
$61,336.24, which includes a 10% contingency for potential change orders as needed, for the
Alosta Avenue Street Improvements Project; and
2) Authorize the Interim City Manager to execute a professional services agreement, in a form
acceptable to the City Attorney, on behalf of the City.
DISCUSSION:
The Public Works Department was awarded $40,000 in Surface Transportation Program Local (STPL)
funding for the design of the Alosta Avenue Street Improvements Project. The proposed project will
rehabilitate pavement and make necessary sidewalk, curb ramp, and driveway approach improvements
on Alosta Avenue between Citrus and Barranca Avenues.
On August 21, 2017, the City Council authorized Staff to solicit proposals from engineering consultants
to provide professional engineering services for the Alosta Avenue Street Improvements Project.
APPROVED
CITY COUNCIL
12/4/2017
Alosta Avenue Street Improvements Project
December 4, 2017
Page 2
Following this authorization, Staff distributed a Request for Proposals (RFP) to its on -call engineering
consultants and also advertised the RFP on the City’s website and on professional engineering service
trade publications. Staff received proposals from the following firms:
No. Consultant Firm Proposal Amount
1 HR Green Pacific, Inc. $55,760.22
2 TKE Engineering, Inc. $70,200.00
3 Onward Engineering $80,030.00
After an extensive review of the proposals, Staff selected HR Green, Inc. as the most qualified
consultant to provide professional engineering services for the Alosta Avenue Street Improvements
Project.
FISCAL IMPACT:
The recommended actions award a professional services agreement to HR Green Pacific, Inc. in the
amount of $55,760.22 and further authorizes Staff to amend the agreement up to 10% or $5,576.02 for a
total not-to-exceed amount of $61,336.24. This agreement will be funded with $40,000 of STPL Fund
16 and $21,336.24 of Engineering Professional Services Account No. 10-55651000-6399.
Prepared by: Reviewed and Approved:
Daniel Bobadilla Louie F. Lacasella
Director of Public Works/City Engineer Senior Management Analyst
Reviewed and Approved:
Don Penman
Interim City Manager
Attachment:
1) Professional Services Agreement with HR Green Pacific, Inc.
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1.PARTIES AND DATE.
This Agreement is made and entered into this ____ day of ________________, 2017 by
and between the City of Azusa, a municipal corporation organized under the laws of the State of
California with its principal place of business at 213 East Foothill Boulevard, Azusa, California
91702 (“City”) and HR Green Pacific, Inc. a corporation with its principal place of business at
1260 Corona Pointe Court, Suite 305, Corona, CA 92879 (“Consultant”). City and Consultant
are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2.RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing professional engineering
services to public clients, is licensed in the State of California, and is familiar with the plans of
City.
2.2 Project.
City desires to engage Consultant to render such services for the ALOSTA AVENUE
STREET IMPROVEMENTS PROJECT – STPL – 5112 (020) Project (“Project”) as set forth in this
Agreement.
3.TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional engineering consulting services
necessary for the Project (“Services”). The Services are more particularly described in Exhibit
“A” attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from December 2017 to
December 2018, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if
necessary to complete the Services.
3.2 Responsibilities of Consultant.
Attachment 1
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3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant’s conformance
with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as identified in the proposal as part of Exhibit A.
3.2.5 City’s Representative. The City hereby designates Daniel Bobadilla, or
his or her designee, to act as its representative for the performance of this Agreement (“City’s
Representative”). City’s Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Consultant shall not accept direction or orders from any person
other than the City’s Representative or his or her designee.
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3.2.6 Consultant’s Representative. Consultant hereby designates Michael
Myers, or his/her designee, to act as its representative for the performance of this Agreement
(“Consultant’s Representative”). Consultant’s Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant’s Representative shall supervise and direct the Services, using his/her best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City’s staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant’s failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Subcontracting.
(A) Nothing contained in this contract or otherwise, shall create any contractual relation
between City and any subconsultant(s), and no subcontract shall relieve Consultant of its
responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City
for the acts and omissions of its subconsultant(s) 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
Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from
City’s obligation to make payments to the Consultant.
(B) Consultant shall perform the work contemplated with resources available within its own
organization and no portion of the work pertinent to this contract shall be subcontracted without
written authorization by City’s Contract Administrator, except that, which is expressly identified
in the approved Cost Proposal.
(C) Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each
payment made to Consultant by City.
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(D) All subcontracts entered into as a result of this contract shall contain all the provisions
stipulated in this contract to be applicable to subconsultants.
(E) Any substitution of subconsultant(s) must be approved in writing by City’s Contract
Administrator prior to the start of work by the subconsultant(s).
3.2.10 Performance Period. This contract shall go into effect on
(DATE), contingent upon approval by City, and Consultant shall commence work after
notification to proceed by City’s Contract Administrator. The contract shall end on (DATE),
unless extended by contract amendment. Consultant is advised that any recommendation for
contract award is not binding on City until the contract is fully executed and approved by City.
3.2.11 Laws and Regulations; Employee/Labor Certifications. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable
for all violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.11.1 Employment Eligibility; Consultant. By executing this Agreement,
Consultant verifies that it fully complies with all requirements and restrictions of state and
federal law respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time. Such
requirements and restrictions include, but are not limited to, examination and retention of
documentation confirming the identity and immigration status of each employee of the
Consultant. Consultant also verifies that it has not committed a violation of any such law within
the five (5) years immediately preceding the date of execution of this Agreement, and shall not
violate any such law at any time during the term of the Agreement. Consultant shall avoid any
violation of any such law during the term of this Agreement by participating in an electronic
verification of work authorization program operated by the United States Department of
Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Consultant shall maintain records
of each such verification, and shall make them available to the City or its representatives for
inspection and copy at any time during normal business hours. The City shall not be responsible
for any costs or expenses related to Consultant’s compliance with the requirements provided for
in Section 3.2.10 or any of its sub-sections.
3.2.11.2 Employment Eligibility; Subcontractors, Consultants, Sub-subcontractors
and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant
shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants
performing any work relating to the Project or this Agreement to make the same verifications
and comply with all requirements and restrictions provided for in Section 3.2.10.1.
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3.2.11.3 Employment Eligibility; Failure to Comply. Each person executing this
Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant,
and understands that any of the following shall be grounds for the City to terminate the
Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-
subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with
such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in
compliance with such requirements.
3.2.11.4 Labor Certification. By its signature hereunder, Consultant certifies that
it is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Workers’ Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.11.5 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subconsultant, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City’s Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.2.11.6 Air Quality. To the extent applicable, Consultant must fully comply with
all applicable laws, rules and regulations in furnishing or using equipment and/or providing
services, including, but not limited to, emissions limits and permitting requirements imposed by
the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources
Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad,
Consultant shall specifically be aware of their application to "portable equipment", which
definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-
powered engine. Consultant shall indemnify City against any fines or penalties imposed by
SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable
laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is
responsible under its indemnity obligations provided for in this Agreement.
3.2.11.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Consultant’s
Services must account for, and fully comply with, all local, state and federal laws, rules and
regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency, the State Water Resources
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Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances
regulating discharges of storm water; and any and all regulations, policies, or permits issued
pursuant to any such authority regulating the discharge of pollutants, as that term is used in the
Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-compliance. Failure to comply with the laws,
regulations and policies described in this Section is a violation of law that may subject
Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and
against any and all fines, penalties, claims or other regulatory requirements imposed as a result
of Consultant’s non-compliance with the laws, regulations and policies described in this Section,
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care requirements set forth
in this Agreement, Consultant warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them without impacting water
quality in violation of the laws, regulations and policies described in this Section. Consultant
further warrants that it, its employees and subcontractors will receive adequate training, as
determined by City, regarding the requirements of the laws, regulations and policies described in
this Section as they may relate to the Services provided under this Agreement. Upon request,
City will provide Consultant with a list of training programs that meet the requirements of this
paragraph.
3.2.12 Insurance.
3.2.12.1 Time for Compliance. Consultant shall not commence Services under
this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Consultant shall not allow any subcontractor
to commence work on any subcontract until it has provided evidence satisfactory to the City that
the subcontractor has secured all insurance required under this section.
3.2.12.2 Minimum Requirements. Consultant shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the
Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the
latest version of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance
Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3)
Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as
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required by the State of California and Employer’s Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24
26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Consultant shall maintain limits no less
than: (1) General Liability: 1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate
limit shall apply separately to this Agreement/location or the general aggregate limit shall be
twice the required occurrence limit; (2) Automobile Liability: 1,000,000 per accident for bodily
injury and property damage; and (3) Workers’ Compensation and Employer’s Liability:
Workers’ Compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of 1,000,000 per accident for bodily injury or disease. Defense costs
shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days
prior to the expiration of any such policy, evidence showing that such insurance coverage has
been renewed or extended shall be filed with the City. If such coverage is cancelled or
materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through another insurance company
or companies. In the event any policy of insurance required under this Agreement does not
comply with these specifications or is canceled and not replaced, the City has the right but not
the duty to obtain the insurance it deems necessary and any premium paid by the City will be
promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium
from Consultant payments. In the alternative, the City may suspend or terminate this
Agreement.
3.2.12.3 Professional Liability. Consultant shall procure and maintain, and
require its sub-consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their profession.
Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed
to include contractual liability. Defense costs shall be paid in addition to limits.
3.2.12.4 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Consultant shall provide endorsements on forms supplied or approved
by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed
(amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the
exact same coverage, the City of Azusa, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Services or ongoing and
complete operations performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work; and (2) using ISO form 20 01, or
endorsements providing the exact same coverage, the insurance coverage shall be primary
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insurance as respects the City, its directors, officials, officers, employees, agents and volunteers,
or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled
underlying coverage. Any excess insurance shall contain a provision that such coverage shall
also apply on a primary and noncontributory basis for the benefit of the City, before the City’s
own primary insurance or self-insurance shall be called upon to protect it as a named insured.
Any insurance or self-insurance maintained by the City, its directors, officials, officers,
employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be
called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in
Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as additional insureds pursuant
to this Section 3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shall include or be
endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents
and volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s
insurance and shall not be called upon to contribute with it in any way. Notwithstanding the
minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of
the specified minimum limits of coverage shall be available to the parties required to be named
as additional insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employers’ Liability Coverage. The insurer shall
agree to waive all rights of subrogation against the City, its directors, officials, officers,
employees, agents and volunteers for losses paid under the terms of the insurance policy which
arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this Agreement shall be
endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except
after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail,
return receipt requested, has been given to the City; and (B) any failure to comply with reporting
or other provisions of the policies, including breaches of warranties, shall not affect coverage
provided to the City, its directors, officials, officers, employees, agents and volunteers. Any
failure to comply with reporting or other provisions of the policies including breaches of
warranties shall not affect coverage provided to the City, its officials, officers, employees, agents
and volunteers, or any other additional insureds.
3.2.12.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation.
All insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers. All
policies shall waive any right of subrogation of the insurer against the City, its officials, officers,
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employees, agents, and volunteers, or any other additional insureds, or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, its officials, officers, employees, agents, and volunteers, or any other additional
insureds, and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
3.2.12.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. Consultant shall guarantee that,
at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its directors, officials, officers, employees, agents and
volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
3.2.12.7 Subconsultant Insurance Requirements. Consultant shall not allow any
subconsultants to commence work on any subcontract relating to the work under the Agreement
until they have provided evidence satisfactory to the City that they have secured all insurance
required under this Section. If requested by Consultant, the City may approve different scopes or
minimum limits of insurance for particular subconsultants. The Consultant and the City shall be
named as additional insureds on all subconsultants’ policies of Commercial General Liability
using ISO form 20 38, or coverage at least as broad.
3.2.12.8 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best’s rating no less than A: VIII, licensed to do business in California, and
satisfactory to the City.
3.2.12.9 Verification of Coverage. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Agreement on
forms satisfactory to the City. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms provided by the City if requested. All certificates and endorsements must be received and
approved by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
3.2.12.10 Reporting of Claims. Consultant shall report to the City, in addition to
Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with
the Services under this Agreement.
3.2.12.11 Safety. Consultant shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed. Safety
precautions as applicable shall include, but shall not be limited to: (A) adequate life protection
and life-saving equipment and procedures; (B) instructions in accident prevention for all
employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges,
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gang planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all
safety measures.
3.2.12.12 Accounting Records. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit
“C” attached hereto and incorporated herein by reference. The total compensation shall not
exceed Fifty-Five Thousand Seven Hundred Sixty and Twenty-Two Cents ($55,760.22) without
written approval of the City Manager. Extra Work may be authorized, as described below, and if
authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, “Extra Work” means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.5 State Prevailing Wages.
A. Consultant shall comply with the State of California’s General Prevailing
Wage Rate requirements in accordance with California Labor Code, Section 1770, 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,
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or maintenance of public works, shall contain all of the provisions of this Article, unless the
awarding agency has an approved labor compliance program by the Director of Industrial
Relations.
C. When prevailing wages apply to the services described in the scope of work,
transportation and subsistence costs shall be reimbursed at the minimum rates set by the
Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage
Determination. See http://www.dir.ca.gov.
3.3.7 Cost Principles and Administrative Requirements.
A. 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 cost allowability of individual items.
B. 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 49 CFR, Part 18 and 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to
City.
3.4 Termination of Agreement.
3.4.1 Termination.
A. City reserves the right to terminate this contract upon thirty (30) calendar days
written notice to Consultant with the reasons for termination stated in the notice.
B. City may terminate this contract with Consultant should Consultant fail to
perform the covenants herein contained at the time and in the manner herein provided. In the
event of such termination, City may proceed with the work in any manner deemed proper by
City. If City terminates this contract with Consultant, City shall pay Consultant the sum due to
Consultant under this contract prior to termination, unless the cost of completion to City exceeds
the funds remaining in the contract. In which case the overage shall be deducted from any sum
due Consultant under this contract and the balance, if any, shall be paid to Consultant upon
demand.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Consultant to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Consultant in connection with the performance of Services
under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 Ownership of Materials and Confidentiality.
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3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement
creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense
any and all copyrights, designs, and other intellectual property embodied in plans, specifications,
studies, drawings, estimates, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and
remain the property of City, and shall not be used in whole or in substantial part by Consultant
on other projects without the City's express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement,
Consultant shall provide to City reproducible copies of all Documents & Data, in a form and
amount required by City. City reserves the right to select the method of document reproduction
and to establish where the reproduction will be accomplished. The reproduction expense shall be
borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of
compensation to which the Consultant is entitled under the termination provisions of this
Agreement, Consultant shall provide all Documents & Data to City upon payment of the
undisputed amount. Consultant shall have no right to retain or fail to provide to City any such
documents pending resolution of the dispute. In addition, Consultant shall retain copies of all
Documents & Data on file for a minimum of fifteen (15) years following completion of the
Project, and shall make copies available to City upon the payment of actual reasonable
duplication costs. Before destroying the Documents & Data following this retention period,
Consultant shall make a reasonable effort to notify City and provide City with the opportunity to
obtain the documents.
3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subcontractors, or those provided to Consultant by the
City.
3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the
Documents and Data or any part of them at any time for purposes of this Project or another
project, provided that any such use not within the purposes intended by this Agreement or on a
project other than this Project without employing the services of Consultant shall be at City’s
sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it
shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its
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directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, for any alleged infringement of any patent,
copyright, trade secret, trade name, trademark, or any other proprietary right of any person or
entity in consequence of the use on the Project by City of the Documents & Data, including any
method, process, product, or concept specified or depicted.
3.5.5 Confidentiality. All Documents & Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential by
Consultant. All Documents & Data shall not, without the prior written consent of City, be used
or reproduced by Consultant for any purposes other than the performance of the Services.
Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any
person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.6 Retention of Records/Audit.
For the purpose of determining compliance with Public Contract Code 10115, et
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when
applicable and other matters connected with the performance of the contract pursuant to
Government Code 8546.7; Consultant, subconsultants, and City shall maintain and make
available for inspection all books, documents, papers, accounting records, and other evidence
pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract. All parties shall make such materials available at their respective
offices at all reasonable times during the contract period and for three years from the date of final
payment under the contract. The state, State Auditor, City, FHWA, or any duly authorized
representative of the Federal Government shall have access to any books, records, and
documents of Consultant and it’s certified public accountants (CPA) work papers that are
pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and
transactions, and copies thereof shall be furnished if requested.
3.5.7 Audit Review Procedures.
A. Any dispute concerning a question of fact arising under an interim or post
audit of this contract that is not disposed of by agreement, shall be reviewed by City’s Chief
Financial Officer.
B. Not later than 30 days after issuance of the final audit report, Consultant may
request a review by City’s Chief Financial Officer of unresolved audit issues. The request for
review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by City will excuse
Consultant from full and timely performance, in accordance with the terms of this contract.
3.6 General Provisions.
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3.6.1 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
HR Green Pacific, Inc.
Contact: Michael Meyers
1260 Corona Pointe Court, Suite 305
Corona, CA 92879
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: Daniel Bobadilla, Director of Public Works/City Engineer
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.6.2 Indemnification.
3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend,
indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents
free and harmless from any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or
omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents
in connection with the performance of the Consultant’s Services, the Project or this Agreement,
including without limitation the payment of all consequential damages, expert witness fees and
attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with legal
counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims, actions or
other proceedings of every kind covered by Section 3.6.2.1 that may be brought or instituted
against City or its directors, officials, officers, employees, volunteers and agents. Consultant
shall pay and satisfy any judgment, award or decree that may be rendered against City or its
directors, officials, officers, employees, volunteers and agents as party of any such claim, suit,
action or other proceeding. Consultant shall also reimburse City for the cost of any settlement
paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for
City’s attorneys’ fees and costs, including expert witness fees. Consultant shall reimburse City
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and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or
termination of this Agreement and shall not be restricted to insurance proceeds, if any, received
by the City, its directors, officials, officers, employees, agents, or volunteers.
3.6.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Consultant must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Consultant. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit
against the City.
3.6.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.6.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
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3.6.9 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.6.12 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.15 Attorney’s Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney’s fees and all other costs of such action.
3.6.16 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.17 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
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3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.6.19 Federal Provisions. When funding for the Services is provided, in whole
or in part, by an agency of the federal government, Consultant shall also fully and adequately
comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and
incorporated herein by reference (“Federal Requirements”). With respect to any conflict
between such Federal Requirements and the terms of this Agreement and/or the provisions of
state law, the more stringent requirement shall control.
3.6.20 Conflict of Interest.
A. Consultant shall disclose any financial, business, or other relationship with
City that may have an impact upon the outcome of this contract, or any ensuing City construction
project. Consultant shall also list current clients who may have a financial interest in the outcome
of this contract, or any ensuing City construction project, which will follow.
B. Consultant hereby certifies that it does not now have, nor shall it acquire any
financial or business interest that would conflict with the performance of services under this
contract.
C. Consultant hereby certifies that neither Consultant, nor any firm affiliated with
Consultant will bid on any construction contract, or on any contract to provide construction
inspection for any construction project resulting from this contract. An affiliated firm is one,
which is subject to the control of the same persons through joint-ownership, or otherwise.
D. Except for subconsultants whose services are limited to providing surveying
or materials testing information, no subconsultant who has provided design services in
connection with this contract shall be eligible to bid on any construction contract, or on any
contract to provide construction inspection for any construction project resulting from this
contract.
3.6.21 Rebates, Kickbacks or other Unlawful Consideration. Consultant warrants
that this contract was not obtained or secured through rebates kickbacks or other unlawful
consideration, either promised or paid to any City employee. For breach or violation of this
warranty, City shall have the right in its discretion; to terminate the contract without liability; to
pay only for the value 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.
3.6.22 Statement of Compliance.
A. Consultant’s signature affixed herein, and dated, shall constitute a certification
under penalty of perjury under the laws of the State of California that Consultant has, unless
exempt, complied with, the nondiscrimination program requirements of Government Code
Section 12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this Contract, Consultant and its subconsultants
shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant
for employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age
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(over 40), marital status, and denial of family care leave. Consultant and subconsultants shall
insure that the evaluation and treatment of their employees and applicants for employment are
free from such discrimination and harassment. Consultant and subconsultants shall comply with
the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and
the 5applicable regulations promulgated there under (California Code of Regulations, Title 2,
Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by
reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall
give written notice of their obligations under this clause to labor organizations with which they
have a collective bargaining or other Agreement.
C. The Consultant shall comply with regulations relative to Title VI
(nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49
Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act).
Title VI provides that the recipients of federal assistance will implement and maintain a policy of
nondiscrimination in which no person in the state of California shall, on the basis of race, color,
national origin, religion, sex, age, disability, be excluded from participation in, denied the
benefits of or subject to discrimination under any program or activity by the recipients of federal
assistance or their assignees and successors in interest.
D. The Consultant, with regard to the work performed by it during the
Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not
discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the
selection and retention of Subconsultants, including procurement of materials and leases of
equipment. The Consultant shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices
when the Agreement covers a program whose goal is employment.
3.6.23 Debarment and Suspension Certification.
A. Consultant’s signature affixed herein, shall constitute a certification
under penalty of perjury under the laws of the State of California, that Consultant has complied
with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and
Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith 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.
B. Exceptions will not necessarily result in denial of recommendation for
award, but will be considered in determining Consultant responsibility. Disclosures must
indicate to whom exceptions apply, initiating agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System
maintained by the General Services Administration are to be determined by the Federal highway
Administration.
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[SIGNATURES]
CITY OF AZUSA HR GREEN PACIFIC, INC.
By: By:
Don Penman
Interim City Manager
Name:
Attest:
Title:
Jeffrey L. Cornejo, Jr.
City Clerk
Approved as to Form:
Best Best & Krieger LLP By:
Name:
City Attorney
Title:
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EXHIBIT “A”
SCOPE OF SERVICES
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EXHIBIT “B”
SCHEDULE OF SERVICES
The Scope of Services shall be completed in accordance with the timeline provided in the
attached Proposal.
22
EXHIBIT “C”
COMPENSATION
The total compensation shall not exceed Fifty-Five Thousand Seven Hundred Sixty Dollars and
Twenty-Two Cents ($55,760.22)
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EXHIBIT “D”
FEDERAL REQUIREMENTS