City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council authorize the issuance of a Request for
Proposals for engineering design services for the Culver City Transfer Station Water
Quality Improvement Project.
BACKGROUND:
The City owns and operates a solid waste transfer station on a one acre site at 9255
Jefferson Boulevard (See Attachment 1, Location Map). Solid Waste collected by
Sanitation Division trucks is transferred to tractor/trailers at the facility for ultimate
disposal at the Puente Hills landfill. Transfer operations are conducted within a
covered structure at the site. Roll-off service, green waste processing, and all other
Sanitation Division functions are also based at this facility.
Storm water from the facility flows into Ballona Creek, a water body identified by the
State of California as impaired for metals, toxics, trash and bacteria. In an effort to
reduce pollutant levels in the Creek, the State issued Total Maximum Daily Loads
(TMDLs) that set numerical limits for certain pollutants. The TMDLs include several
pollutant reduction milestones that must be reached starting in 2012 with full
compliance required by 2021.
Part of the City’s efforts to improve Ballona Creek water quality include measures at
the Transfer Station. A Storm Water Pollution Prevention Plan (SWPPP) has been
prepared and implemented at the Transfer Station as required by the current
National Pollutant Discharge Elimination System (NPDES) Municipal Permit. The
SWPPP for the facility generally consists of proper material storage and good
Meeting Date: 8/11/2008 Item Number: C-9
AGENDA ITEM: Authorization to Issue a Request for Proposals for Engineering
Design Services for the Culver City Transfer Station Water Quality Improvement
Project.
Contact Person/Dept.: Steven Finton Phone Number: (310) 253-6406
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: Master E-Mail Notification List (08/06/08)
Department Approval:
Charles D. Herbertson (08/04/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (08/06/08)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (08/06/08)
City Manager Approval:
Jerry B. Fulwood (08/06/08) City of Culver City, California
City Council Agenda Item Report
housekeeping practices. As indicated in the SWPPP, all exterior surfaces are swept
frequently and outdoor activities have been minimized to reduce storm water
contact. In May 2008, staff installed antimicrobial filter devices in storm drains at the
facility to provide treatment of storm water prior to it being discharged into Ballona
Creek.
DISCUSSION:
Despite our previous storm water quality efforts, additional measures could be
implemented to improve the quality of storm water leaving the Transfer Station site.
Staff has considered several alternatives for storm water treatment including
filtration, increased structural covering/roofing to prevent storm water contact and
first flush containment. The most cost effective method appears to be first flush
containment.
First Flush Containment
First flush containment consists of an underground vault and pumping equipment
to retain the first ¾” of rainfall then discharge it slowly to the sanitary sewer system
after the storm has passed. The first ¾” flush would clean surfaces and carry
pollutants to the storage vault. Once the vault is full, cleaner storm water would
bypass the system and flow to the Creek. After the storm, retained storm water
would be pumped from the storage vault to the sanitary sewer for treatment. This
method would meet the Standard Urban Storm Water Mitigation Plan (SUSMP)
requirements currently required of all private developments.
City of Los Angeles (LA City) approval must be secured to discharge storm water
from the transfer station into the LA City sanitary sewer system due to conveyance
and treatment capacity concerns. Additionally, the City’s agreement with LA City
regarding sewer treatment currently prohibits the discharge of surface waters into
the LA City system from November 30
st
to March 1
st
. An amendment to the LA
City agreement would be required to discharge the contained storm water from the
transfer station during the rainy reason. This proposed amendment is being
reviewed by staff and will be presented for City Council consideration at a later
date.
Request for Proposals (RFP)
It is recommended that City Council authorize staff to issue the attached RFP to
solicit proposals from engineering firms for alternative analysis and preparation of
plans and specifications to construct the storm water quality improvement. The
RFP requests proposals addressing a two-step process. Step One would include
consideration of alternatives to increase storm water quality at the site. Step Two City of Culver City, California
City Council Agenda Item Report
would complete the plans and specifications to construct the alternative selected.
The City could elect to terminate the contract at any time.
FISCAL ANALYSIS:
It is estimated that the cost of a consultant contract issued in response to this RFP
will range from $30,000 to $50,000, which will be funded from P-497, NPDES -
Storm Water Discharge Program (42000497).
ATTACHMENTS:
1) Location Map
2) Request for Proposals - Culver City Transfer Station Storm Water Quality
Improvement Project
MOTION:
That the City Council:
Authorize Staff to issue a Request for Proposals for engineering design services
for the Culver City Transfer Station Water Quality Improvement Project.
MEETING DATE: 8/11/08
AGENDA ITEM:
Authorization to Issue a Request for Proposals for
Engineering Design Services for the Culver City Transfer
Station Water Quality Improvement Project.
ATTACHMENTS
Pages|109| Location Map 1|109| Request for Proposals - Culver City Transfer Station Storm 2-25
Water Quality Improvement ProjectAttachment 'I
Transfer Station Location Map
9255 Jefferson Boulevard
1REQUEST FOR QUALIFICATIONS AND
PROPOSALS
DESIGN SERVICES
for
ALTERNATIVE ANALYSIS
AND
DESIGN OF CULVER CITY TRANSFER STATION WATER
Q LIA Li TY IMPROVEMEN T PROJECT
August 2008
Submittal Deadline: 3:00 P.M., September 24, 2008|1010| PRINTED ON RECYCLED PAPERAlternatives and Design RFP-Transfer Station Water Quality Project
8/08
Page 2 of 8
SECTION 1 - GENERAL
The City of Culver City is seeking the services of qualified environmental and or
Civil Engineering firm to provide professional services Culver City Transfer
Station Water Quality Improvement project located at 9255 Jefferson Boulevard,
Culver City, CA.
The City's request is for a two phase project. Phase 1 includes development of
alternatives to improve water quality. Phase 2 would include preparation of
construction drawings, specifications and bid documents for the alternative
selected by the City and the participation in the contract bidding and
development phases through to project completion. The City intends to award
the contract pursuant to this RFP in September 2008.
The project includes development of alternatives, design and construction of
improvements to improve the quality of stormwater discharged from the transfer
station.
SECTION II - PROJECT LOCATION
The City of Culver City is a Charter City incorporated in 1917, with a population
of approximately 40,000 within five square miles. The City is located eight miles
west of Downtown Los Angeles and six miles north of Los Angeles International
Airport near the intersection the Santa Monica (1-10) and San Diego (1-405)
freeways.
The City owns and operates a solid waste transfer station on a 1 acre site at
9255 Jefferson Boulevard (See Exhibit 1, Location Map). Solid Waste collected
by City Sanitation trucks is transferred to tractor/trailers at the facility for ultimate
disposal at the Puente Hills landfill. Transfer operations are conducted within a
covered structure at the site. Roll-off service, green waste processing, and all
other Sanitation Division functions are also based at this facility. Administrative
functions of the Sanitation Division are housed in a first floor office and an
adjacent trailer.
The facility is located adjacent to Ballona Creek, a water body identified on the
303(d) list as impaired for metals, toxics, trash and bacteria. Storm water exits
the transfer station site from four locations: two directly into Ballona Creek and
two into an adjacent storm drain draining to Ballona Creek (See Exhibit 2,
Grading and drainage plans for existing transfer station facility). Two trench
drains collect runoff from the roof and truck ramps and discharge directly to
Ballona Creek. These trench drains are currently equipped with antimicrobial
skimmers to reduce bacteria and hydrocarbon discharges. Drains inside the
covered portions of the facility drain to a clarifier and are pumped into the
sanitary sewer system.
3Alternatives and Design RFP-Transfer Station Water Quality Project
8/08
Page 3 of 8
SECTION III - PROJECT DESCRIPTION
The project will include the design and construction of measures to improve the
quality of stornnwater draining from the transfer station facility. A first-flush
detention system is envisioned with post storm event discharge to the sewer
system. The goal of the project is to meet current Standard Urban Stormwater
Mitigation Plan (SUSMP) guidelines to retain and treat the first
3/
rainfall from
the site. Other feasible options will be considered as well.
SECTION IV - OBJECTIVES
The City is seeking proposals from consulting firms to recommend alternatives
and to prepare plans and specifications to construct storm water quality
improvement measures at the Transfer Station Facility.
SECTION V - SCOPE OF SERVICES
The scope of services for this project will include the following tasks:
1. Alternative Analysis (Phase 1)
a. Review storm water regulations to determine acceptable discharge limits.
b. Review existing plans and perform a field review to determine existing
drainage characteristics of the facility.
c. Prepare a site plan to be used to consider alternatives.
d. Prepare a brief report identifying potential storm water quality Best
Management Practices that could be employed at the site. The report
shall include pollutant removal effectiveness, cost comparisons and
impacts to facility operations.
2. Preparations of Plans and Specifications (Phase 2)
Consultant shall include in the proposal the proposed design approach and
costs to prepare plans and specifications for the construction of a 1/4" first
flush detention system with post-storm discharge to the sewer system. If
another alternative is selected, the City and consultant will evaluate the
agreement and renegotiate if necessary to provide fair compesation to design
the selected alternative. The following tasks will be incuded in any alternative
selected and shall be addressed in proposals submitted in response this RFP.
a. Gather available plans for the transfer station facility and needed utilities.
b. Perform field surveys to determine all required plan and elevation
information required to design the project.
c. Perform hydrologic analysis to determine the quantity and rate of runoff.
d. Determine requirements of the City of Los Angeles to permit discharge of
detained storm water to the sewer system.Alternatives and Design RFP-Transfer Station Water Quality Project
8/08
Page 4 of 8
e. Prepare plans a specifications for construction of the following:
i) An underground detention structure to contain the first flush prior to
discharge into the sewer.
ii) A pumping system to pump the retained first flush into the sewer after
the storm event.
iii) A rainfall detection system to determine when a storm event is
occurring and when it is permissible to discharge the detained flows
into the sewer system.
iv) A diversion structure capable of directing the first flush to the detention
structure and bypassing flows to the storm drain system when the
detention structure is full.
3. Structural and Geotechnical Analysis
Verify that the proposed project can be constructed in the soils existing at the
site. Also, verify that the proposed project will support the loads currently
experienced at the site and that the existing transfer station structure will not
be compromised by the project.
4. Detailed Cost Estimate
Prepare a detailed cost estimate for construction of all elements of the
project.
SECTION VI - QUALIFICATION CRITERIA
Prospective firms must meet the following qualification criteria before progressing
any further in the proposal process.
1. Firm(s) must be licensed in their respective fields to operate in the State of
California and have a minimum of five years experience.
2. Firm(s) must have designed within the last five years a minimum of two (2)
similar types of projects.
3. Firm(s) must meet the City insurance requirements, as stated in the attached
Professional Services Agreement. All insurers must be licensed to sell their
specific product in the State of California.
SECTION VII - SUBMITTAL REQUIREMENTS
Five (5) copies of the following information, one copy of which must be single-
sided and unbound, are requested as part of the submittal requirements. Please
use the following format:
1. Letter of Introduction - Include the respondent's basic understanding of the
proposal; limited to two pages.
5Alternatives and Design RFP-Transfer Station Water Quality Project
8/08
Page 5 of 8
2. Project Team — List the proposed project team members, by name and
position, the function each person will perform, and the percent of time each
will spend on this project. Provide resumes for each proposed team member,
including past experience of each team member related to this project.
3. A list of sub-consultants, if any, proposed to assist the prime consultant. This
list shall also include the sub-consultants' qualifications pertinent to this
project.
4. The City must approve changes in key personnel subsequent to the award of
the contract.
5. Approach — Describe the firm's approach to Section V - Scope of Services in
this RFP, as well as the level of involvement and interaction with City staff
anticipated. Also describe what kind of information will be required from City
staff.
6. Experience - Describe the relevant experience of the firm in preparing
conceptual and construction plans for public agencies for similar types of
projects. Provide a summary of the stated experience and outcomes/results
accomplished, including a client contact and phone number.
7. Project Timeline — Detail an anticipated project timeline from start of work to
deliverables of each project phase/milestone.
8. Rates - Provide a not-to-exceed contract amount for the project, cost by each
task listed in Section V - Scope of Services, and hourly rates for the
personnel assigned to this project.
9. References - Provide at least three (3) references of individuals and/or firms
with whom the Proposer has worked; provide a contact name, position, firm
name, address, telephone and fax numbers. Public Sector references are
required.
10. Provide copies of the design plan, elevations and photo of the two (2) projects
your firm is using to meet Section VII - Qualification Criteria, No. 2. Plans
must be provided on 11" X 17" sheets.Alternatives and Design RFP-Transfer Station Water Quality Project
8/08
Page 6 of 8
SECTION VIII - DESIGN CONSULTANT SELECTION GUIDELINES
The following criteria will be considered in the evaluation process:
1. Extent and quality of the firm's experience and accomplishments in relevant
projects;
2. Qualifications and experience of the firm(s) and team members assigned to
the project;
3. Quality of Proposal and demonstrated understanding of the project;
4. Record of the consultant in accomplishing work within required time and
budget constraints;
5. Understanding of the approach; tasks, and methodology necessary to
complete the required services;
6. References; and,
T Geographical location of the design team.
The proposed fee is not intended to be the governing factor in the selection
process but will be considered. The proposed fee must be submitted in a sealed
envelope, separate from the proposal.
While it is the intention of the City to complete the full Scope of Services provided
above in an uninterrupted sequence, the City reserves the right in consultation
with the top candidates to narrow the final scope of services to reflect project
budget constraints. The City also reserves the right to suspend the agreement
upon completion of the alternative analysis.
Interviews will be scheduled with the top candidates. The City in its sole
discretion will determine how many and which firms will be invited to interview.
SECTION IX - SOLE AUTHORITY
Rights of Rejection
The City intends to award a contract to the respondent that demonstrates the
highest level of expertise and capabilities to provide the requested services. The
City reserves the right to reject any and all proposals or to re-issue the RFP
when such action shall be considered in the best interest of the City.
By submitting a response to this RFP, prospective consultants waive the right to
protest or seek legal remedies whatsoever regarding any aspect of this RFP. In
addition, the City reserves the right to issue written notice to all participants of
any changes in the proposal submission schedule or submission requirements,
should the City determine in sole and absolute discretion that such changes are
necessary. The City also reserves the right to approve all individuals and firms, if
any, to be retained by the prime consultant. The City's policy is to screen
consultants based upon their proposal and project reference checks.Alternatives and Design RFP-Transfer Station Water Quality Project
8/08
Page 7 of 8
SECTION X - RFP QUESTIONS
Questions regarding this Request for Proposals must be submitted no later than
5:00 p.m. PST on Wednesday, September 10, 2008 by e-mail. Questions
should be submitted to:
Damian.Skinner@Culvercity.org
Responses to RFP Questions will be e-mailed only to RFP holders who have
provided an e-mail contact.
SECTION XI - CONTRACT
The lead firm will be required to enter into an agreement with the City of Culver
City prior to commencing work. No selection will be final until an agreement has
been properly executed and signed by the consultant and the City. The terms of
the agreement will include, among other items, insurance requirements
established by the City. A sample form professional services contract is attached
as Exhibit No. 3.
Errors and omissions insurance, specifically and exclusively designated for
development of the site, shall be required of the firm providing professional
design or engineering services for the Project. Such insurance shall provide a
minimum coverage limit per claim of not less than $1,000,000 per
claim/$1,000,000 in aggregate with an additional $1,000,000 in exclusive
coverage to the Project. Such policy may be written on a "claims made" basis
provided it commences as to each named insured upon execution of each
covered contract, continues until Final Completion and includes at least a one
year discovery period after completion of the project.
All firms are required to have Worker's Compensation coverage and General
Liability and Automobile Liability, each with a limit of $1,000,000, naming the City
and Santa Monica Mountains Conservancy as additional insured and provide for
a 30-day notice of cancellation. Additionally, the consultant is also required to
have the insurance company execute the City's Special Endorsement form. A
copy of the Special Endorsement form is attached as Exhibit No. 4. The firm and
all subconsulants must obtain a City of Culver City business tax certificate.
Should the City's relationship with the firm /contractor end during any phase of
the design/construction process the City will retain possession of and exclusive
rights to any drawings and/or documents produced by the consultant.Alternatives and Design RFP-Transfer Station Water Quality Project
8/08
Page 8 of 8
SECTION XII - PROPOSALS DUE
Five copies of the proposal and your proposed fee in a separate sealed envelope
must be submitted by 3:00 pm, September 24, 2008 to the address shown
below. Postmarks will not be accepted in lieu of delivery. Proposals are to be
sent to:
Damian Skinner
Environmental Programs and Operations Manager
Culver City Public Works Department
9505 Jefferson Boulevard
Culver City, CA 90232-0507
All Submittals must, be clearly marked as "Proposal for Professional Services for
the Culver City Transfer Station Water Quality Project."
City Hall business hours are 7:30 am - 5:30 pm, Monday through Friday, City Hall
is closed alternate Fridays and will be closed on August 15, 2008, August 29,
2008 and September 12, 2008.
SECTION XIII - FURTHER INFORMATION/CONTACT
Steve Finton, Senior Civil Engineer
(310) 253-6406
Damian Skinner, Environmental Programs and Operations Manager
(310) 253-6421
EXHIBITS:
1. Location Map
2. Grading and Drainage Plans for Transfer Station
3. Sample Contract with Exhibits "A" and "B"
4. Special Endorsement formEXHIBIT 1
1023'132951 ,14 ,itje MUNI
Exhibit 1
Transfer Station Location Map
9255 Jefferson BoulevardEXHIBIT 2
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IEXHIBIT 3Contract No. 2008-0
Sample
CITY OF CULVER CITY
STANDARD FORM CONTRACT
WITH: (Consultant) .
FOR: Culver City Transfer Station Water Quality Improvement Project
THIS AGREEMENT is made and entered into by and between THE CITY OF
CULVER CITY, a municipal corporation, hereinafter referred to as "City," and
(Consultant), a corporation, hereinafter referred to as "Consultant."
1. CONSULTANT'S SERVICES. Consultant agrees to perform, during the
term of this Agreement, the tasks, obligations, and services set forth in the
"Scope of Service" attached to and incorporated into this Agreement as
Exhibit "A."
2. TERM OF AGREEMENT. The term of this Agreement shall be from the
effective date pursuant to Paragraph 27 of this Agreement and shall end
upon satisfactory completion of the work, as reasonably determined by
City's Public Works Director.
3. PAYMENT FOR SERVICES. City shall pay for the services performed by
Consultant pursuant to the terms of this Agreement, the compensation set
forth in the "Schedule of Compensation" attached to and incorporated into
this Agreement as Exhibit "B." The compensation shall be paid at the time
and manner set forth in said Exhibit "B."
4. TIME FOR PERFORMANCE. Consultant shall not perform any work
under this Agreement until (a) Consultant furnishes proof of insurance as
required under Paragraph 7 of this Agreement; and, (b) City gives
Consultant a written and signed Notice to Proceed.
5. DESIGNATED REPRESENTATIVE(S), shall
be the designated Consultant Representative, and shall be responsible for
job performance, negotiations, contractual matters, and coordination with
the City. Consultant Representative shall actually perform, or provide
immediate supervision of Consultant's performance of, the Scope of
Service.
6. HOLD HARMLESS. Consultant shall be responsible for any and all
injuries to or death of any person, and for any and all damage to any and
all real or personal property including City's or others, caused by or
resulting from any acts, errors or omissions of Consultant, its employees
Page 1or its agents arising out of or connected with rendition of services
hereunder. Consultant shall defend, hold harmless and indemnify City
and its officers and employees from any and all liability claims, including
costs, for damages to real or personal property, or personal injury or
death, resulting from Consultant's, its employees or agent's acts, errors or
omissions arising out of or connected with rendition of services hereunder_
7. INSURANCE. Without limiting its obligations pursuant to Paragraph 6 of
this Agreement, Consultant shall submit one or more duly executed
certificates of insurance for Comprehensive General Liability in the
minimum amount of One Million Dollars ($1,000,000) single limit
coverage, City's Special Endorsement Form naming City as additional
insured, Professional Liability in the minimum amount of One Million
Dollars ($1,000,000), Automobile Liability in the minimum amount of
$1,000,000 and Workers Compensation insurance in statutorily required
amounts.
8. INDEPENDENT CONSULTANT STATUS. City and Consultant agree that
Consultant, in performing the services herein specified, shall act as an
independent Consultant and shall have control of all work and the manner
in which it is performed. Consultant shall be free to contract for similar
service to be performed for other employers while under contract with City.
Consultant is not an agent or employee of City, and is not entitled to
participate in any pension plan, insurance, bonus, worker's compensation
or similar benefits City provides for its employees. Consultant shall be
responsible to pay and hold City harmless from any and all payroll and
other taxes and interest thereon and penalties therefor which may become
due as a result of services performed hereunder.
9. NON-APPROPRIATION OF FUNDS. Payment due and payable to
Consultant for current services is within the current budget and within an
available, unexhausted and unencumbered appropriation of City. In the
event City has not appropriated sufficient funds for payment of Consultant
services beyond the current fiscal year, this Agreement shall cover only
those costs incurred up to the conclusion of the current fiscal year.
10. ASSIGNMENT_ This Agreement is for the specific services with
Consultant as set forth herein. Any attempt by Consultant to assign the
benefits or burdens of this Agreement without written approval of City shall
be prohibited and shall be null and void; except that Consultant may
assign payments due under this Agreement to a financial institution.
11. RECORDS AND INSPECTIONS. Consultant shall maintain full and
accurate records with respect to all services and matters covered under
this Agreement. City shall have free access at all reasonable times to
such records, and the right to examine and audit the same and to make
transcripts therefrom, and to inspect all program data, documents,
proceedings and activities. Consultant shall maintain an up-to-date list of
Page 2key personnel and telephone numbers for emergency contact after normal
business hours.
12. OWNERSHIP OF CONSULTANT'S WORK PRODUCT. City shall be the
owner of any and all computations, plans, correspondence and/or other
pertinent data, information, documents and computer media, including
disks and other materials gathered or prepared by Consultant in
performance of this Agreement, or at any earlier or later time when the
same may be requested by City. Such work product shall be transmitted
to City within ten (10) days after a written request therefor. Consultant
may retain copies of such products. All written documents shall be
provided to City in digital and in hard copy form.
13. NOTICES. All notices given or required to be given pursuant to this
Agreement shall be in writing and may be given by personal delivery or by
mail. Notice sent by mail shall be addressed as follows:
To City:
To Consultant:
City of Culver City
Attn: Charles D. Herbertson, Public Works Director
9770 Culver Boulevard
Culver City, CA 90232-0507
14. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City
with a complete Request for Taxpayer Identification Number ("TIN") and
Certification, Form W-9, as issued by the Internal Revenue Service.
15. PERMITS AND LICENSES. Consultant, at its sole expense, shall obtain
and maintain during the term of this Agreement, all appropriate permits,
licenses, and certificates that may be required in connection with the
performance of services under this Agreement including, but not limited to,
a Culver City business tax certificate.
16. APPLICABLE LAWS, CODES AND REGULATIONS. Consultant shall
perform all work in accordance with all applicable laws, codes and
regulations required by all authorities having jurisdiction over such work.
Consultant agrees to comply with prevailing wage requirements as
specified in the California Labor Code, Sections 1770, et seq.
17. PURCHASES OF SUPPLIES AND MATERIALS WITHIN CULVER CITY.
For work performed, Consultant agrees to seek bids for supplies and
materials from businesses located within the City of Culver City, with the
intent to make purchases from these businesses if such purchases can be
made at competitive prices.
18. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to
perform work similar to the services provided hereunder.
Page 3
1919. MODIFICATION OF AGREEMENT. This Agreement may not be
modified, nor may any of the terms, provisions or conditions be modified
or waived or otherwise affected, except by a written amendment signed by
all parties hereto.
20. WAIVER. If at any time one party shall waive any term, provision or
condition of this Agreement, either before or after any breach thereof, no
party shall thereafter be deemed to have consented to any future failure of
full performance hereunder.
21. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Consultant shall be construed to be both a
covenant and a condition.
22. RIGHT TO TERMINATE. City may terminate this Agreement at any time,
with or without cause, in its sole discretion, with thirty-days' (30-days')
written notice.
23. EFFECT OF TERMINATION. Upon termination as stated in Paragraph 22
of this Agreement, City shall be liable to Consultant only for work
satisfactorily performed by Consultant up to and including the date of
termination of this Agreement, unless the termination is for cause, in which
event Consultant need be compensated only to the extent required by law.
Consultant shall be entitled to payment for work satisfactorily completed to
date, based on a proration of the monthly fees set forth in Exhibit "B"
attached hereto. Such payment will be subject to City's receipt of a close-
out billing.
24. GOVERNING LAW. The terms of this Agreement shall be interpreted
according to the laws of the State of California. If litigation arises out of
this Agreement, then venue shall be in the Superior Court of Los Angeles
County.
25. LITIGATION FEES. If litigation arises out of this Agreement for the
performance thereof, then the court shall award costs and expenses,
including attorney's fees, to the prevailing party. In awarding attorney's
fees, the court shall not be bound by any court fee schedule but shall
award the full amount of costs, expenses and attorney's fees paid or
incurred in good faith.
26. INTEGRATED AGREEMENT. This Agreement represents the entire
Agreement between City and Consultant, and all preliminary negotiations
and agreements are deemed a part of this Agreement. No verbal
agreement or implied covenant shall be held to vary the provisions of this
Agreement. This Agreement shall bind and inure to the benefit of the
parties to this Agreement, and any subsequent successors and assigns.
Page 427. EFFECTIVE DATE. The effective date of this Agreement is the date it is
signed on behalf of City, and shall remain in full force and effect until
amended or terminated; provided, that the indemnification and hold
harmless provisions shall survive the termination.
(CONSULTANTS)
Dated: By Its
Dated: By Its
CITY OF CULVER CITY, CALIFORNIA
Dated: By Jerry Fulwood
City Manager
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Charles D. Herbertson Carol A. Schwab
Publci Works Director City Attorney
APPROVED AS TO FINANCING: APPROVED AS TO BUSINESS
TAX CERTIFICATE:
Marlee Chang
City Controller
Nagarn Rao
Treasury Division Manager
Page 5
21Contract No. 2008-0
SAMPLE
EXHIBIT A
CITY OF CULVER CITY
AGREEMENT
WITH:
SCOPE OF SERVICE
Consultant shall perform all services listed in City's Request for Proposals dated
July 2008 under Section V "Scope of Services."
EXHIBIT A
PAGE 1 Of 1
21Contract No. 2008-0
EXHIBIT B
CITY OF CULVER CITY
AGREEMENT
WITH: (Consultant)
SCHEDULE OF COMPENSATION
(TIME AND MATERIALS BASIS)
A. METHOD OF PAYMENT. Payment for all work performed by Consultant
pursuant to the terms of this Agreement, including Consultant's meeting with
City staff, shall be made based on the hourly rates and maximum amounts
per task as set forth in the attached Proposal submitted in response to the
June 2, 2008 Request for Proposals.
B. BILLING. At the end of each calendar month in which services are
performed or expenses are incurred under this Agreement, and prior to the
10th day of the following month, Consultant shall submit an invoice to the
City at the following address:
City of Culver City
Attn: Charles D. Herbertson, Public Works Director
9770 Culver Boulevard
Culver City, CA 90232-0507
The invoice submitted pursuant to this paragraph shall show the City
Agreement Number, hours worked by each person who performed services
during the billing period, the hourly rate of pay for each person who
performed services, the dates on which the services were performed, a
description of the services performed, actual out-of-pocket expenses
incurred in the performance of the services, and such other information as
City may reasonably require.
C. TIME OF PAYMENT. Payment to Consultant shall be made within thirty
(30) days after submittal of Consultant's invoice and approval by City, in
accordance with City's normal demand procedure.
D. MAXIMUM COMPENSATION. Notwithstanding the foregoing and anything
otherwise contained in attached Request for Proposals and Exhibits,
Consultant shall complete all the work and tasks described in Exhibit A for a
total amount of compensation that does not exceed $ which amount includes all out-of-pocket expenses.
EXHIBIT B
PAGE / OF 1
23EXHIBIT 4
24SPECIAL ENDORSEMENT
CITY OF CULVER CITY
Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in
any other endorsement now or hereafter attached thereto, or made a part thereof, it is agreed that the
policy shall and does:
1. Include the City of Culver City and its officers and employees as additional insureds in the
policies described on the attached Certificate of Insurance as they may be held liable for
injuries, death or damage to property arising out of or in connection with the contract,
executed by the named insured and the City of Culver City. It is further agreed, this policy
shall be primary and noncontributing with any other insurance or self insurance program
available to the City of Culver City, and includes a severability of interest clause; and
2. Provide any general aggregate limit shall apply separately to the above subject contract; and
3. Provide the naming of the additional insureds as herein provided shall not affect any recovery
to which such additional insureds would be entitled under this policy if not named as such
additional insureds; and
4. Provide the additional insureds named herein shall not be held liable for any premium or
expense of any nature on this policy or any extension thereof; and
5. Provide the additional insureds named herein shall not by any reason of being so named be
considered a member of any mutual insurance company for any purpose whatsoever; and
6. Provide the provisions of the policy shall not be changed, canceled or otherwise terminated as
to the interest of the additional insureds named herein without first giving thirty (30) days
written notice thereof to the City Attorney and Public Works Director/City Engineer of the City
of Culver City by certified mail, return receipt requested, and addressed as follows:
City Attorney
City of Culver City
9770 Culver Boulevard
Culver City, CA 90232-0507
This endorsement if effective , 20_
of be valid and form part of Policy(ies) No. , expiring on and shall be
Policy(ies) to which is attached.
Public Works Director/City Engineer
City of Culver City
9770 Culver Boulevard
Culver City, CA 90232-0507
, when signed below by an Authorized Representative
and, when issued to City shall
insuring
in the same amount for the same coverage as the
Insurer: By: Name and Title: OR NAME OF AGENT OR BROKER
CITY OF CULVER CITY
PROJECT NO. PROJECT NAME: Address: By: (Signature of Authorized
Representative)
Attachment: Certificate of Insurance
(If signed by other than insurer, proof of authority to bind insurer must accompany this form)
(Revised JR 3/11/05)
25