City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council:
1) Award a construction contract to Jeff Tracy, Inc. dba Land Forms
Landscaping Construction (Land Forms), as the lowest responsive and
responsible bidder, to complete the necessary work for the Ballona Creek
Bikeway and Landscaping Project (Overland Avenue to Pedestrian Bridge),
P-900, Federal Aid Project No. ESPL-5240 (021); and,
2) Approve a Construction Access, Property Use, and Restoration License
Agreement with the Culver City Unified School District; and,
3) Approve a professional services agreement with Nickerson Company to
provide Construction Management and Inspection Services for the Ballona
Creek Bikeway Project; and,
Meeting Date: 08/09/2010 Item Number: C-4
CITY COUNCIL AGENDA ITEM: FOUR FIFTHS VOTE REQUIREMENT 1) Award of
a Construction Contract to Land Forms Landscaping Construction, as the Lowest
Responsive and Responsible Bidder, for the Construction of the Ballona Creek
Bikeway and Landscaping Project, P-900 – Federal Aid Project No. ESPL 5240
(021), and 2) Approval of a Construction Access, Property Use, and Restoration
License Agreement with the Culver City Unified School District, and (3) Approval
of a Professional Services Agreement with Nickerson Company for Construction
Management and Inspection Services, and 4) Approval of a Professional Service
Agreement with Ninyo and Moore for Material Testing, and 5) Approval of a
Related Budget Amendment.
Contact Person/Dept.: Lee Torres/PW Phone Number: 310-253-5623
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – City Council (08/05/10) and Santa
Monica Mountains Conservancy (08/04/10); (USPS) Los Angeles County Department
of Public Works, County of Los Angeles Public Library, Culver City Unified School
District, Mountains Recreation and Conservation Authority, Santa Monica Bay
Restoration Commission and Ballona Creek Renaissance, Land Forms Landscaping
Const. and all other bidders (07/29/10).
Department Approval:
Charles D. Herbertson (08/02/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (08/02/10)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (08/04/10)
City Manager Approval:
Martin R. Cole (08/05/10) City of Culver City, California
Agenda Item Report
4) Approve a professional services agreement with Ninyo and Moore to provide
Material Testing Servces for the Ballona Creek Bikeway Project; and
5) Approve a Budget Amendment to appropriate grant funding in the amount of
$826,085 for the construction of the Ballona Creek Bikeway and Landscaping
Improvement Project, P-900, Federal Aid Project No. ESPL-5240 (021), from
American Recovery and Reinvestment Act and Environmental Enhancement
Mitigation Program grant funds.
A 4/5
th
vote is required to approve the budget amendment.
BACKGROUND:
The Ballona Creek Bikeway and Landscaping Project is designed to transform the
bike path by enhancing and utilizing the following improvements:
• Removal and rehabilitations of plantings along the Julian Dixon Public Library
and adjacent flood control service road.
• Removal of the concrete embankment along the upslope side of the bike path
(between the bike path and the school properties) and replacement with a
decomposed granite pedestrian path, retaining wall and terraced landscaping
utilizing drought tolerant and native plants appropriate to the creek habitat and
low-volume water conserving irrigation systems.
• Installation of new, enhanced fencing between the service roadway and creek
channel and between the bike path and creek channel. Installation of a new,
enhanced entry gate at the service road/bike path entrance to the creek located
off Overland Avenue and adjacent to the library building.
• Repavement of the bike path from Overland Avenue to the Pedestrian Bridge.
• Installation of pedestrian lighting, emergency “call-boxes,” and security cameras
from Overland Avenue to the Pedestrian Bridge.
• Installation of educational displays regarding the creek and the project.
The planning and design services completed by Lawrence R. Moss & Associates
(Design Team) for the Ballona Creek Bikeway and Landscape Project were funded
by Proposition 50 Grant Funds, which were obtained through the Santa Monica
Mountains Conservancy.
On April 5, 2010, the City Council authorized advertising of construction bids for the
Ballona Creek Bikeway and Landscaping Project (Overland Avenue to Pedestrian
Bridge), P-900, Federal Aid No. ESPL-5240 (021).
City of Culver City, California
Agenda Item Report
On April 5, 2010, the City Council approved a contract with artist Alber De Matteis
for the design and fabrication of the Ballona Creek bike path entry decorative gate at
Overland Avenue.
DISCUSSION:
On July 14, 2010, the City Clerk’s Office publicly opened the sealed bids. Ten (10)
contractors responded with the following bid amounts:
CONTRACTOR BID AMOUNTS
Land Forms Landscaping Const., Laguna Hills, CA $607,452
Belaire-West Landscaping, Inc., Buena Park, CA $652,850
Pivot Group, Inc., Burbank, CA $684,925
Oak Tree Construction, Inc., Woodland Hills, CA $718,970
Oceanstate Development Inc., Alhambra, CA $721,360
KASA Construction, Ontario, CA $797,810
Y&M Construction, Inc., Gardena, CA $872,350
Excel Paving Company, Long Beach, CA $874,098
Shawnan, Downey, CA $935,575
Malibu Pacific, Westlake Village, CA $1,103,050
Staff reviewed the bid proposal of the apparent lowest bidder, Land Forms, and
found the bid documents responsive and complete. The second low bidder, Belaire-
West Landscaping, Inc., protested Land Forms bid documents on the grounds that
they did not contain a signed addendum. However, Land Forms acknowledged
receiving the addendum in the bid form as part of its bid proposal. Staff considers
this a minor irregularity which staff has waived. Its bid bond, contractor’s license,
and worker’s compensation insurance were reviewed and determined to meet City
requirements. Land Forms completed similar projects with other municipal
agencies in the local region, including for the County of Los Angeles, City of Rancho
Cucamonga, and in the City of Fontana.
In addition, staff recommends that the City Council authorize the Public Works
Director/City Engineer to approve change orders in the amount not-to-exceed
$90,548 (15%), if necessary for unforeseen conditions.
If awarded by the City Council, the construction project will begin in late August 2010
and is expected to be completed by the end of 2010.
City of Culver City, California
Agenda Item Report
Construction Inspection and Material Testing
Both construction management/inspection services and material testing services
were procured through a competitive Request for Proposal (RFP) process with
contractors selected from a list of firms pre-approved by the City Council for
construction management/inspection services and material testing services on
capital improvement projects.
Construction Management and Inspection:
On June 22, 2010, staff sent RFP’s to five (5) of the City’s pre-approved construction
management/ inspection firms and received proposals from the following,
The Nickerson Company, Los Angeles, CA $84,890
KOA/CBM Consultants, Gardena, CA $82,880
APD Consultants, Inc., Irvine, CA $89,980
Willdan Engineering, Industry, CA $99,080
Based on the evaluation of the proposals, staff recommends the Nickerson
Company to provide the construction management and inspection services for the
proposed project. All of the firms that submitted the proposals are capable of
successfully completing the proposed project. However, staff’s recommendations
were based on The Nickerson Company’s proposed construction management and
inspection team which has collective experience with ARRA funded projects, is well
versed in federal requirements relating to construction administration, and includes a
registered landscape architect with experience in landscape improvement projects.
Material Testing:
On June 24, 2010, Staff sent RFP’s to five (5) of the City’s pre-approved
geotechnical engineering firms and received proposals from Ninyo and Moore and
Zieser-Kling Consultants, Inc. in the amounts of $18,464, and $19,040, respectively.
Based on the evaluation of the proposals, staff recommends Ninyo and Moore to
provide the material testing services for the proposed project. Both firms are
qualified to perform the work, but Ninyo and Moore provided an overall lower cost
proposal.
Since this is a federally funded project, the professional services agreements with
the consulting firms are required to contain federal provisions. Staff recommends
that the City Council approve professional services agreements with federal
provisions with The Nickerson Company and Ninyo and Moore. City of Culver City, California
Agenda Item Report
Public Notification
Approximately two weeks prior to commencement of construction activity, adjacent
residences, Culver City High and Middle School, Farragut Elementary School, and
Julian Dixon Public Library will be provided with written information on the project
scope and contact information. The Construction Notice will be posted on the City
website as well.
In addition, prior to and during construction, construction signs will be posted at
critical junctions advising cyclist and pedestrians of the construction along bike path
with general information regarding the project, contact information, and
recommended detour route.
Approval from Other Affected Agencies
On July 13, 2010, the Culver City Unified School District Board of Education
approved entering into a Construction Access, Property Use, and Restoration
License Agreement with the City. The Agreement will allow the City to construct
and maintain the landscaping improvements on the slope next to the bike path,
located on the School District property.
Staff is in contact with the County of Los Angeles Public Library regarding the City
obtaining a maintenance easement for landscaping improvements.
The Los Angeles County Department of Public Works has issued an encroachment
permit to allow the construction within their jurisdiction.
FISCAL ANALYSIS:
In February 2009, as part of the American Recovery and Reinvestment Act (ARRA –
Stimulus Funds) signed into federal law, Culver City received $476,174 in Stimulus
funds (highway funds and competitive transportation enhancement funds) for the
Ballona Creek Bikeway and Landscaping Project.
On November 9, 2009, the City submitted of a grant application for the
Environmental Enhancement and Mitigation Program (EEMP) Roadside Recreation
Program administered by the State of California’s Natural Resources Agency and
California Department of Transportation (Caltrans). On April 14, 2010, the California
Transportation Commission approved the $349,911 EEMP grant to be used for the
construction of the Ballona Creek Bikeway and Landscaping Project.
City of Culver City, California
Agenda Item Report
Proposed Project Budget
ARRA (Stimulus) Fund - Ballona Creek Bikeway
and Landscaping Project (42300900.341700)
$476,174
Environment Enhancement and Mitigation
Program Grant (42300900.343450)
$349,911
Community Development Impact Fee Fund
(41700900)
$45,000
Available Funds $871,085
Estimated Project Expenses
Construction Contract $607,452
15% contingency $90,548
Subtotal $698,000
Construction Management and Inspection
Services
$85,000
Geotechnical Construction Services (Observation
& Testing)
$22,000
Decorative Entry Gate by Alber De Matteis $25,000
Staff Project Management $41,085
Total Estimated Project Expenses $871,085
The actual expenditures of the Community Development Impact Fee Funds will be
mostly offset by grant reimbursement for staff’s project management cost. Any
unused Development Impact Fee Funds or Environment Enhancement and
Mitigation Program Grant funds will be returned to its respective sources.
ATTACHMENT:
1. Construction Access, Property Use, and Restoration License Agreement with
Culver City Unified School District (Exhibit C – Approved Plans are on file with City
Clerk’s office)
MOTIONS:
That the City Council:
City of Culver City, California
Agenda Item Report
1) Award a construction contract to Land Forms Landscaping Construction, as the
lowest responsible and responsive bidder, for the construction of Ballona Creek
Bikeway and Landscaping Improvement Project, P-900, Federal Aid No. ESPL
5240 (021), in the amount of $607,452, based on its base bid; and,
3) Authorize the Public Works Director/City Engineer to approve change orders in
an amount not-to-exceed $90,548, if necessary; and,
4) Approve a Construction Access, Property Use, and Restoration License
Agreement with Culver City Unified School District; and,
5) Approve a professional services agreement containing required federal
provisions with The Nickerson Company to provide Construction Management
and Inspection Services for the Ballona Creek Bikeway Project for a not-to-
exceed cost of $84,890 using account number 42300900; and,
6) Approve a professional services agreement containing required federal
provisions with Ninyo & Moore to provide Geotechnical Testing Services for the
Ballona Creek Bikeway Project for a not-to-exceed cost of $18,464 using account
number 42300900; and,
7) Approve a Budget Amendment to appropriate grant funding in the amount of
$826,085 in account number 42300900 for the Ballona Creek Bikeway and
Landscaping Improvement Project, P-900,($476,174 in ARRA funds and
$349,911 in EEMP funds); and,
8) Authorize the City Attorney to review/prepare the necessary documents; and,
9) Authorize the City Manager to approve such documents on behalf of the City.
A 4/5
th
vote is required to approve the budget the amendment.
MEETING DATE: 08109110
AGENDA ITEM: 1) Award of a Construction Contract to Land Forms
Landscaping Construction, as the lowest responsive
and responsible bidder, for the construction of the
BalIona Creek Bikeway and Landscaping Project, P-900
— Federal Aid Project No. ESPL 5240 (021), and 2)
Authorization to Enter Into Construction Access,
Property Use, and Restoration License Agreement with
the Culver City Unified School District, and (3)
Authorization to Enter Into a Professional Services
Agreement with Nickerson Company for Construction
Management and Inspection Services, and 4)
Authorization to Enter Into a Professional Service
Agreement with Ninyo and Moore for Material Testing,
and 5) Approval of a Related Budget Amendment
ATTACHMENT
Page|109| Construction Access, Property Use, and
1-12
Restoration License Agreement with Culver City
Unified School District (Exhibit C — Approved Plans
are on file with City Clerk's office)CONSTRUCTION ACCESS, PROPERTY USE, AND RESTORATION
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License") is made as of June 2010, by and
between the following entities which shall be referred to herein as "Parties":
CULVER CITY UNIFIED SCHOOL DISTRICT
4034 Irving Place
Culver City, CA 90232
("District"); and
CITY OF CULVER CITY
9770 Culver Boulevard, 2nd Floor
Culver City, CA 90232-0507
("City").
WHEREAS, District owns certain real property commonly known as the Culver City
Middle School, consisting of parcels 4210-015-902, 4210-016-900, 4210-026-902 and 4210-026-
903 and 4210-017-900, located between Overland Avenue and Sepulveda Boulevard, at 4601
Elenda Street, Culver City, CA 90230 ("Subject Premises");
WHEREAS, City now desires to temporarily enter on, improve, and temporarily use a
portion of the Subject Premises for the purpose of facilitating, at its sole cost, the installation of
an approximately 32,400 square foot bikeway project for use by the general public and cabling
connecting security cameras on the bikeway to the District's security office ("Project").
NOW, THEREFORE, the Parties agree as follows:
1. Grant and Term of License. The portion of the Subject Premises to be used by the City is
more specifically depicted in Exhibit "A", attached hereto and incorporated herein by reference
("Project Site"). The District hereby grants and conveys a nonexclusive right of entry for access
to the Project Site to perform construction, beginning at 7:00 a.m. on June 1, 2010, and
continuing through 6:00 p.m. on December 31, 2010 ("Term"), to the City, its employees,
authorized agents, contractors, subcontractors, and engineers ("City Workers"), to enter and pass
onto the Project Site to perform necessary installation and construction on the Project Site
pursuant to approved plans attached hereto and incorporated herein by reference as Exhibit "C",
as those plans may be amended from time to time pursuant to the provisions of Paragraph 20 of
this License. If the Work (as defined below) is not completed prior to the expiration of the Term,
the District may, in its sole discretion, extend the Term for a reasonable time to permit the
completion of the Work.
2. Acceptance of License. The City hereby accepts the grant by the District of a
nonexclusive right of entry for access to the Project Site to perform the Work (as defined below).
3. Work to be Completed. The improvements to be constructed on the Project Site by the
City shall include constructing recreation related improvements along the Ballona Creek bike
path that may include, among other things, removal of the concrete embankment from the slope
1which extends from the bike path to the District property and replacement of the concrete with
landscaping, enhancements to the existing bikeway, a new decomposed granite pedestrian trail,
signs, landscaping and related irrigation system, pedestrian light posts and related electrical
systems, security cameras and related cables conriecting these cameras to the District's security
office, emergency call boxes, fencing, a retaining wall between the new landscaping and the bike
path, installation of drainage devices and a bio-swale to capture storm run-off and performing all
other tasks (collectively, "Work") necessary to complete the Project. All construction costs shall
be the responsibility of the City. After completion of Work by the City, the District shall take
possession of the Work. City shall be responsible for maintaining and operating the Work.
a. The City shall pay all costs and expenses incurred for performance of the Work,
completion of the Work and future maintenance of the Work. The District shall bear no cost for
the Work, completion of the Work or maintaining the Work now or in the future.
4. Performance of Work. The City shall perform, or cause to be performed by City Workers
under City supervision, all Work related to the Project, and the District is in no way responsible
to perform any Work related to the Project. The City may perform Work between 7:00 a.m. and
6:00 p.m., Monday through Saturday. The City shall not perform any Work on Sunday.
a. Vehicle access to the Project Site will be through the Subject Premises's south
entrance/gate closest to the pedestrian bridge crossing La Ballona Creek, as depicted in Exhibit
"A." Prior to any Work beginning under this License, District and City shall mutually agree
upon a route to the Project Site that will be the only route used by City Workers.
b. Prior to accessing the Project Site during school days, notice shall be given to the
School's Principal, [Insert Name and contact information], to determine the timing of entry by
any City Workers onto the Project Site.
c. According to generally accepted construction practices, the City will be solely and
completely responsible for conditions on the Project Site, including safety of all persons and
property during completion of the Work. This requirement will apply continuously and not be
limited to normal working hours. Implementation and maintenance of safety programs shall be
the sole responsibility of the City.
d. The City shall furnish and place proper guards for the prevention of accidents
including, but not limited to, fencing around the bike path portion of the Project Site. The City
shall provide and maintain any other necessary measures required to secure safety of life or
property.
e. The City shall pay when due all claims for labor and material furnished to the
Project Site. District may elect to record and post notices of non-responsibility on the Project
Site.
f. City Workers retained by City with respect to the Work shall be fully licensed and
bonded as required by law and must maintain levels of casualty, liability and workers'
compensation insurance (as detailed in Section 16 below) and performance and payment bonds
satisfactory to District and consistent with law and District construction requirements. City shall
2ensure that the Work is performed in a sound and workmanlike manner, in compliance with all
laws, ordinances and regulations applicable to the Work, including but not limited to applicable
building codes and regulations, prevailing wage and other labor and public works laws. District
shall have a continuing right at all times during the performance of the Work to enter the Project
Site and to inspect the Work.
5. Communications. With the exception of the notice required by Section 4.b., above,
all communication with the District related to the Project, the Project Site, and the Work shall be
with the District's designated representative, Mr. Ali Delawalla, Assistant Superintendent,
Business Services, (310) 842-4220 extension 4234. The District shall not be required or asked to
communicate with any of the City Workers or to direct the Work of the City Workers. Nothing
in this paragraph shall prohibit the District from communicating with any of the City's agents,
employees, contractors, subcontractors, or engineers on the Project Site to inquire about any
matters and, if necessary, to immediately stop the Work on the Project Site for any reason, at the
District's sole discretion.
6. Mutual Cooperation. During the term of this License, the City Workers shall have the
right to enter upon the Project Site on the days and at the times detailed herein to perform any
and all construction activities as may reasonably be necessary or desirable to perfoun the Work
on the Project Site. The City shall use care and consideration in connection with all of its
construction and activities. The City agrees to coordinate its activities with the District to
minimize any inconvenience to or interruption of the conduct of the District's activities on the
Subject Premises. If requested by the District, the City shall adjust its schedule to conform to the
District's requirements so as not to interfere, in any way, with the uses of the Subject Premises.
7. Maintenance of Subject Premises. The City shall promptly and properly clean the Project
Site and the surrounding area as it progresses with the Work. The City is responsible to provide
a debris container for clean-up of all debris directly associated with the City's construction
activities.
8. Repair of Damage. The City shall protect and preserve the Project Site and any adjoining
District property from all damage or accident. The City shall be responsible for damage done to
existing structures, furnishings, equipment, buildings, walks, roads, trees, landscaping and/or
improvements in all working areas, including, without limitation, on the Project Site and any
adjoining property of the District ("Improvements"). The City shall provide adequate protection
therefor. If temporary removal is necessary of any of the Improvements, or damage occurs to the
Improvements, City shall replace same at City's expense with same kind, quality and size of the
Improvements damaged.
9. Existing Conditions. The City is responsible for verifying all measurements and existing
conditions including, but not limited to, the location of any underground utilities, conduits, pipes,
or similar improvements, in and around the Project Site prior to the start of any Work. The City
shall maintain in operation during the term of the License, drainage lines, stoim drains, sewers,
water, gas, electrical, steam, telephone, data transmission and other utility service lines within or
in the vicinity of the Project Site.|1010|310. Permits. The City, at no expense to the District, shall obtain any and all required
approvals, permits, inspections, or similar items, if any, from all agencies or authorities with
jurisdiction.
11. Execution of License. Each of the undersigned hereby represents and warrants that he or
she is authorized to execute this License on behalf of the respective Parties to the License and
that this License, when executed by those parties, shall become a valid and binding obligation,
enforceable in accordance with its terms.
12. Assignment, Successors, and Assigns. This License cannot be assigned by either party
without the prior written consent of the other. This License shall be binding as to the Parties'
respective representatives, successors, heirs, and assigns.
13. Indemnity. City agrees to indemnify, defend and hold harmless District, its governing
board, employees, agents, representatives, consultants, and contractors from and against any and
all claims, suits, actions, damages, costs, liabilities, obligations, expenses, fines or penalties
(collectively, "Claims") resulting from or arising out of injury or death of any person, damage or
loss to property, including, but not limited to flooding, erosion, or water damage, any non-
compliance with any federal, state or local laws or regulations; provided that these Claims arise
from the performance of the Work on the Project Site and except to the extent that such Claims
result from the sole negligence or willful misconduct of District or District's governing board,
employees, agents, representatives, consultants or contractors.
14. Labor Code Requirements. To the extent applicable, the City Workers shall comply with
all applicable provisions of the California Labor Code, Division 3, Part 7, Chapter 1, Articles 1
5, including, without limitation, the payment of the general prevailing per diem wage rates for
public works projects of more than one thousand dollars ($1,000). Copies of the prevailing rate
of per diem wages are on file with the City. In addition, the City Workers, including contractors
and each subcontractor shall comply with Chapter 1 of Division 2, Part 7 of the California Labor
Code, beginning with Section 1720, and including Section 1735, 1777.5 and 1777.6, forbidding
discrimination, and Sections 1776, 1777.5 and 1777.6 concerning the employment of apprentices
by City Workers, including contractors or subcontractors, to the extent applicable.
15. Insurance of City. Throughout the term of this License, City shall maintain pooled self-
insurance of the type and in the amounts specified in Paragraph 16 of this License.
16. Insurance of Others. Throughout the term of this License, City's agents, contractors,
subcontractors, engineers or any other person permitted onto the Project Site on behalf of City,
shall obtain and maintain the following insurance, which shall be primary and non-contributory:
a. Commercial General Liability Insurance. Commercial general liability insurance
with combined single-limit coverage of not less than One Million Dollars ($1,000,000) for any
one occurrence (covering personal injury, bodily injury, liability, death and property damage)
and not less than Two Million Dollars ($2,000,000) in the aggregate for any one policy year.
45
b. Automobile Insurance. Combined single limited automobile liability insurance
covering personal injury, bodily injury and property damage in an amount not less than One
Million Dollars ($1,000,000) for any one occurrence (covering personal injury, bodily injury,
liability, death and property damage) and not less than Two Million Dollars ($2,000,000) in the
aggregate for any one (1) policy year. Said automobile insurance shall cover all owned, non-
owned, and hired vehicles used by City's agents, contractors, subcontractors, engineers or any
other person permitted onto Project Site on behalf of City to perform the Work.
c. Workers Compensation Insurance. City's agents, contractors, subcontractors,
engineers or any other person permitted onto Project Site on behalf of City to perform the Work
shall maintain statutory workers' compensation insurance to meet all applicable requirements of
the Labor Code of the State of California and occupational disease insurance as applicable, and
employment practices liability insurance in limits of not less than One Million Dollars
($1,000,000) for any one (1) occurrence and not less than Two Million Dollars ($2,000,000) in
the aggregate for any one (1) policy year.
d. Professional Liability Insurance. Any consultant working on the Project shall
maintain professional liability insurance in the amount of One Million Dollars ($1,000,000) for
any one occurrence and not less than Two Million Dollars ($2, 000,000) in the aggregate for any
one policy year.
e. Certificates of Insurance. Copies of the policies, certificates of insurance or
endorsements, naming the District as an additional insured on all policies except workers'
compensation and professional liability, shall be provided prior to beginning Work on the
Project.
17. Notice. Any notice, consent, requirements, reports, demands, or other document given to
or made upon the Parties hereto, shall be in writing and be delivered to or mailed to the receiving
party at its address, referenced above in this License.
18. Fingerprinting. City shall be responsible for ensuring compliance with all applicable
fingerprinting and criminal background investigation requirements described in Education Code
section 45125.1. As such, City shall submit, and shall ensure that City Workers, including any
contractors or subcontractors and the employees of each, that will access the Subject Premises
under this License submit, a Criminal Background Investigation Certification ("Certification") in
the form attached to this License as Exhibit B. The Certification shall be provided in writing to
District prior to each individual's access to the Subject Premises.
19. Hazardous Materials. District and City agree as follows with respect to the existence or
use of Hazardous Materials (as defined below) on the Subject Premises including any
improvements made by City.
a. Definition. As used herein, the term "Hazardous Materials" means any hazardous
or toxic substance, material or waste which is or becomes regulated by any local governmental
authority, the State of California or the United States Government. The term "Hazardous
Materials" includes, without limitation, petroleum products, asbestos, PCB's, and any material or
substance which is (i) defined as hazardous or extremely hazardous pursuant to Title 22 of the
California Code of Regulations, Division 4.5, Chapter 11, Article 4, Section 66261_30 et seq. (ii)defined as a "hazardous waste" pursuant to Section (14) of the federal Resource Conservation
and Recovery Act, 42 U.S.C. 6901 et. seq. (42 U.S.C. 6903), or (iii) defined as a "hazardous
substance" pursuant to Section 10 of the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. 9601 et. seq. (42 U.S.C. 9601). As used herein, the
term "Hazardous Materials Law" shall mean any statute, law, ordinance, or regulation of any
governmental body or agency (including the U.S. Environmental Protection Agency, the
California Regional Water Quality Control Board, and the California Department of Health
•
Services) which regulates the use, storage, relicense or disposal of any Hazardous Material.
b. Hazardous Materials. City shall not cause or permit any Hazardous Material to be
generated or disposed of in or about the Subject Premises and any improvements constructed by
City or City Workers. City shall comply with all environmental laws.
c. Any handling, transportation, storage, treatment, disposal or use of Hazardous
Materials in or about the Subject Premises and any Project improvements shall be the
responsibility of City and shall strictly comply with all applicable Hazardous Materials Laws and
the provisions of this License.
d. Indemnification. City shall indemnify, defend upon demand with counsel
reasonably acceptable to District, and hold harmless District and its trustees, agents,
representatives, and employees from and against any liabilities, losses, claims, damages, lost
profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees,
experts' fees, court costs, remediation costs, investigation costs, and other expenses which result
from or arise in any manner whatsoever out of City Workers' use, storage, treatment,
transportation, release, disposal, or presence from any cause or source whatsoever of Hazardous
Materials on or about the Subject Premises and any Project improvements.
e. In the event that City causes any Hazardous Materials to be released, spilled or
otherwise exposed through its work on the Subject Premises, City shall be solely responsible for
all costs associated with the proper handling, mitigation, remediation and disposal of the
Hazardous Materials and all related cleanup.
20. Documentation of City's Plans. Should City need to amend the plans incorporated herein
as Exhibit "C," City shall file any revised plans with the District via certified mail, with a return
receipt requested.
21. Entire Agreement of Parties. This License constitutes the entire agreement between the
Parties and supersedes all prior discussions, negotiations and agreements, whether oral or
written. This License may be amended or modified only by a written instrument executed by
both Parties.
22. Applicable Law. This License shall in all respects be governed by the laws of the State
of California which are applicable to agreements executed and to be fully pei formed therein.
Page 6 of 107
IN WITNESS WHEREOF, the Parties have executed this License on the dates set forth
below.
Dated: 2010 CULVER CITY UNIFIED SCHOOL DISTRICT
By:
Print Name:
Print Title:
Dated: 2010 CITY OF CULVER CITY
By:
Print Name:
Print Title:Exhibit "A"
Project Site|10 10| _ Page 8 of 10Ballona Creek Bikeway & Landscaping Project, P-900, Federal Aid Project No. ESPL - 5240 (021)
A.Tiste
Vehicle Access
AP N
42104)15-902
1-
studio
LEGEND
"Subject Premises"
L .: 1 (Culver City Unified
School District)
"Project Site"
711"
•
n
Disclaimer
Ttre City of COver City makes no represeniation or wsuanffes of any kind Mill
resped In he aocuracy or !ha Information or dain, Furnished herein. as the
data Is a compilatio.1 of records only inFormation obtained from valous sources.
The dole a/splayed on thls map Is !or representations? purposes only It Is neither
eInonllynnondod mop nor a survey and Is not Intended to be used as such
No part alitrIs map may be reproduced Or trensrplited 11 ftry tor.1 Or by any moans,
electronic or mechanical, Incruding phofpc.py,,,ger,d nonnyilgo 101100.cept Ere
expressly pert/lilted in wr y3r, by the CR) . Of Culver City-
Clly ol Culver-CV All Rights Reserved,
City
District
Date
Date
EXHIBIT A (PAGE 1 OF 2)BALLONA CREEK BIKEWAY & LANDSCAPING IMPROVEMENT PROJECT,
PROJECT NO. P-900 & FEDERAL AID NO. ESPL 5240 (021)
APN'
4210 017 900
_
. .
DISTRICT
*CONDUITA CABLE FROM
GRADE ITAROOFJOP
, AP,FIROX:-.201LP
oce acl
PROpPSED
FLEbEsTRIAN,
LIG-HT. :POLE
APN:
421 0-01 5902
LEGEND
\VEHICLE ACCESS
-
Iltk. A. A. AL
"Project Site"
"Subject Premises"
I (Culver City Unified School District)
EXISTING CHAIN LINK FENCE
4*-X—* WHICH IS NOT PART OF ''PROJEC1
OVERLASHED CABLING
EXHIBIT A
(PAGE 2 OF 2
GEOGRAPHIC INFORMATION SYSTEMS - ET DEPARTMEN9
Exhibit "B"
CRIMINAL BACKGROUND INVESTIGATION CERTIFICATION
The undersigned does hereby certify to the Governing Board of the Culver City Unified School
District ("District") as follows:
That I am a representative of the City of Culver City ("City"); that I am familiar with the facts
herein certified, and am authorized and qualified to execute this certificate on behalf of the City.
City certifies that it has taken at least one of the following actions with respect to the
construction project on the District school site that is the subject of the Construction Access,
Property Use and Restoration License Agreement by and between the District and the City
("License") (check all that apply):
The City has complied with the fingerprinting requirements of Education Code section
45125.1 with respect to all City employees and all of its subcontractors' employees who may
have contact with District pupils in the course of providing services pursuant to the License, and
the California Department of Justice has determined that none of those employees has been
convicted of a felony, as that term is defined in Education Code section 45122. 1. A complete
and accurate list of City's employees and of all of its subcontractors' employees who may come
in contact with District pupils during the course and scope of the License is attached hereto;
and/or
Pursuant to Education Code section 45125.2, City has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, that will limit contact between
City's employees and all of its subcontractors' employees and District pupils at all times; and/or
Pursuant to Education Code section 45125.2, City certifies that all employees and all of
its subcontractors' employees will be under the continual supervision of and monitored by, an
employee of the City who the California Department of Justice has ascertained has not been
convicted of a violent or serious felony. The name and title of the employee who will be
supervising City's employees and its subcontractors' employees is:
Name:
Title:
City's responsibility for background clearance extends to all of its employees, subcontractors,
and employees of subcontractors coming into contact with District pupils regardless of whether
they are designated as employees or acting as independent contractors of the City.
Date:
Signature:
Print Name:
Title:Exhibit "C"
City Approved Plans
I2
Page 10 of 10