City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council authorize staff to release a Request for Proposals
(RFP) for the rehabilitation of 27 sewer manholes throughout Culver City.
BACKGROUND:
Public Works Staff has identified 27 sewer manholes throughout the City in need of
rehabilitation. The sewer manhole is the access way from the manhole lid on the surface
of the street leading down to the sewer main. The rehabilitation will include the
rehabilitation of existing concrete or brick sanitary sewer manholes to rebuild strength and
eliminate possible infiltration, inflow, root intrusion, and future deterioration of the concrete
and brick due to the sewer environment.
DISCUSSION:
Sewer manholes deteriorate for a variety of reasons. The constant stress of traffic
causes subsidence and shear cracks, which progressively weaken these structures.
Additionally, disintegrated mortar joints become primary entry points for ground-water
infiltration, washing out supporting back fill and causing manhole walls to collapse.
Corrosive sewer gases found in sewer lines attack concrete walls deteriorating the
concrete and causing structural failures. The combination of hydrogen sulfide and
water vapor creates dilute sulfuric acid that attacks conventional cement walls and
mortar joints. When this occurs, it can seriously endanger the street surface above as it
could ultimately lead to a collapse of the manhole and the corresponding development
Meeting Date: December 8, 2008 Item Number: C-8
AGENDA ITEM: Authorization to Solicit Requests for Proposal for the
Rehabilitation of Sewer Manholes Throughout Culver City.
Contact Person/Dept.:
Eric Mirzaian
Public Works-Public Works
Phone Number:
(310) 253-6410
Fiscal Impact: Yes [x] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification:
Master E-Mail Notification List (12/03/08);
Department Approval:
Charles D. Herbertson (11/25/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (12/02/08)
Chief Financial Officer Approval:
Jeff Muir (12/02/08)
City Manager Approval:
Jerry B. Fulwood (12/02/08) City of Culver City, California
City Council Agenda Item Report
of a sinkhole in the street. Additionally, a severely deteriorated manhole may eventually
collapse into the sewer main and block the flow of the sewer pipeline.
Should the City Council approve the release of the RFP, the following table includes the
timeline for the project:
Task Time Frame
RFP Approval by City Council December 8, 2008
Release of Requests for Proposals December 9, 2008
Deadline for Receipt of Proposals January 22, 2009 @ 3:00 PM
Consideration of Award of Contract February 9, 2009
FISCAL ANALYSIS:
The release of the RFP does not create a substantive fiscal impact on the City. Upon
review of the submitted RFP’s, Staff will include the appropriate fiscal impact of
awarding a new contract in a staff report presented to the City Council for consideration.
Funding has been allocated in the Sewer Localized and Emergency Repairs CIP Project
(P-230).
ATTACHMENTS:
Copy of the Request for Proposal
MOTION:
That the City Council:
Authorize staff to solicit Requests for Proposal for the rehabilitation of 27 sewer
manholes throughout the City.
MEETING DATE: 12/8/08
AGENDA ITEM: Authorization to Solicit Requests for Proposal for
the Rehabilitation of Sewer Manholes throughout
Culver City.
ATTACHMENTS
Pages|109| Request for Proposal
1-17PU LLL1C. WCR,- DEPARTMENT
REQUEST FOR PROPOSALS
SEWER MANHOLE
REHABILITATION
December 2008
SUBMITTAL DEADLINE: JANUARY 22, 2009 @ 3:00 PM
1GENERAL INFORMATION
Project Summary
The City of Culver City is soliciting proposals from qualified firms to provide the rehabilitation of
approximately 27 existing concrete or brick sanitary sewer manholes to rebuild strength and
eliminate possible infiltration, exfiltration, inflow, root intrusion and future deterioration of the
concrete due to the sewer environment. It is the intent of this Request for Proposal (RFP) to
cover all aspects of rehabilitation of these manholes including types of repair, methods of repair,
materials and equipment. The average diameter on these manholes is approximately 5 feet and
the depth ranges 4 feet to 20 feet.
Scope of Work
The scope of work shall include the lining and rehabilitation of sanitary sewer manholes at
various locations as directed by the Public Works Director or his designee with the use of a
cured-in-place laminated composite comprised of five layers of an epoxy-fiberglass with an
impervious PVC inner membrane combination. The liner system shall be a Poly-Triplex liner
system or a pre-approved equivalent substitute. New manhole rings and/or lids shall be
installed where indicated.
Work Summary
1. It shall be the responsibility of the Contractor to make sure that the Cured In Place
Manhole (CIPM) liner completely seals the manhole, shelf, pipe inlet and outlets, and the
lid ring frame in a monolithic method, as required, and that no holes, cracks, or seams in
the liner are left unsealed, which would allow gases or fluids to flow behind the CIPM
liner as required
2. Furnish all labor, materials, equipment, and incidentals required to supply and install a
protective CIPM liner as required.
3. The CIPM liner shall be designed and installed to protect concrete, brick, and other
manhole surfaces from corrosion. The CIPM liner product shall be designed to stop
infiltration, root intrusion, and further deterioration in the manhole. The interior surfaces
to be protected shall include the walls, shelves, pipe junctions and the lid ring frame.
4. Omission of a specific item or component obviously necessary for the proper installation
and functioning of the system shall not relieve the Contractor from the responsibility of
supplying that specific item or component at no additional expense to the City.
References
The CIPM liner system shall be manufactured and installed as to be in compliance with the
minimum value recommended by the manufacturer's standards and or applicable ASTM testing
requirements.
ASTM D-638 Tensile Strength and Tensile Modulus
ASTM D-695 Compressive Strength
ASTM D-790 Flexural Strength and Flexural Modulus
ASTM D-2240 Hardness
2.TERMS AND PRICING
The actual number of manholes to be rehabilitated will be determined ahead of time by City
Staff and given to the selected Contractor for completion. The City reserves the right to eiter
increase or decrease the number of manholes that will be rehabilitated. Either party may
terminate the agreement without cause with a thirty-day (30-day) written notification.
The attached sewer manhole locations and dimensions (EXHIBIT-A) are approximations and
are to be used as a guide in preparing a cost estimate to complete the entire project.
The contract unit prices shall be paid for as stated in the proposal and shall include furnishing all
traffic control, tools, materials and equipment necessary for a complete rehabilitation of each
manhole per the specifications and installation of new rings/lids where indicated and no
additional compensation will be allowed therefore.
PROPOSAL SUBMITTAL TIMELINE
The tentative schedule for the project is as follows:
RFP released to potential contractors
December 9, 2008
Deadline for written questions & requests
January 8, 2009 @ 3:00 PM
Due date for proposal submittal
January 22, 2009 @ 3:00 PM
City Council approval
February 9, 2009
Responses to RFP questions will be emailed immediately following the deadline for questions
only to RFP holders who have provided an email contact.
SCOPE OF WORK
All work shall comply with Section 500-2 (Manhole and Structure Rehabilitation) of the 2006
edition of the Standard Specifications for Public Works Construction (SSPWC)
"GREENBOOK".
Work will involve the rehabilitation of existing concrete or brick sanitary sewer manholes to
rebuild strength and eliminate possible infiltration, exfiltration, inflow, root intrusion, and
future deterioration of the concrete due to the sewer environment.
A. Traffic Control
Contractor must follow Work Area Traffic Control Handbook (WATCH) manual
procedures to ensure safe traffic control practices are followed during the performance
of their work. Selected Contractor will be required to submit a traffic control plan for
approval during the contract certification process of the groiect.
B. Field Measurement and Inspection of Manholes
The Contractor shall field measure and inspect manholes before ordering materials. The
Contractor shall submit a copy of the written measurements to the Public Works Director
or his designee. If the Contractor notices any unusual conditions that would require a
heavier weight liner material than specified in the table below (Section F-Liner Bag), this
shall be indicated to the Public Works Director or his designee for approval. A change
3order will be initiated before the ordering of materials with each change order form
including the physical street address of each manhole.
C. Surface Preparation
Contractor shall remove all manhole maintenance steps flush with the structure wall
before lining.
Contractor shall clean manhole walls and base with high pressure water prior to the
installation of the liner.
Contractor shall engage in the mechanical removal (pneumatic chisels, jack hammers or
other approved mechanical means) of hard calcium deposits that cannot be removed
with high pressure water blasting.
All active structure infiltration must be eliminated completely prior to liner application. All
grouting shall be completed in accordance with current applicable National Association
of Sewer Service Companies (NASSCO) specifications.
Contractor shall be responsible for removal and disposal of all debris removed during the
rehabilitation process. The Contractor shall comply with all Federal, State, and Local
regulations regarding disposal of debris.
D. Flow Control
Any flow control or bypass pumping necessary to perform manhole rehabilitation shall be
the responsibility of the Contractor.
E. Concrete Mortar Replacement
Concrete replacement to build the wall up to within one inch of the nominal inside
diameter of the structure shall be air or manual placed concrete per "GREENBOOK"
Section 500-2.4.3, 500-2.4.4 & 500-2.4.5.
F. Liner Bag
The liner bag shall be composed of five layers composed of E glass fiberglass, polyester
felt, and a flexible non-porous PVC water and gas shield membrane. The flexible non-
porous PVC water and gas shield shall be embedded between the structural layers of
epoxy-fiberglass to guard against nicks, tears and damage to the gas protection
membrane.
The pre-saturated weight of the liner bag materials shall conform to the table below:
MH
Depth
in Feet
Outside
Fiberglass
Weight
Inside
Felt
PVC Inner
Barrier
Inside
Felt
Inside
Fiberglass
Weight
Min. Total
Composite
Weight
> 10 12 oz. 20 oz. 12 oz. 44 oz.
> 15 18 oz. 20 oz. 18 oz. 56 oz.
> 20 24 oz. 20 oz. 24 oz. 68 oz.
> 35 48 oz. 20 oz. 48 oz. 116 oz.The design table above is intended as a general manhole guide for the minimum weights
of the liner bag materials at various depths. This is not intended to limit the liner
manufacturer's and authorized installer's judgment to recommend the use of a heavier
weight fiberglass liner material for unusual conditions identified in the structure during
the pre-manufacturing measurement and inspection. Any recommended increase in the
liner thickness approved by the Public Works Director or his designee will not affect the
warranty requirement. The increased cost for the thicker liner shall be paid for by a
change order.
The angle point between the manhole wall and base shall be reinforced with extra layers
of fiberglass and shall have a minimum completed composite thickness of six layers of
fiberglass each with a minimum weight as specified in the table above.
The CIPM liner shall be constructed in such way the non-porous inner flexible PVC
membrane is protected from damage by the use of an epoxy-fiberglass layer. This
inside surface protective layer is to protect the C1PM liner from impact damage (nicks
from rodders and root cutters, hydro-vac nozzles, inspection cameras, survey equipment
and construction techniques used in pipeline rehabilitation). The importance of this
protection layer cannot be over-emphasized to protect the manhole from sulfides and
other gases penetrating through nicks and cuts in an unprotected membrane. This
CIPM liner must be impervious and without holes that will allow hidden corrosion on the
concrete behind the liner, which can cause the eventual failure of the liner and the
manhole. This inner liner may be installed with multiple installations.
G. Epoxy Resin
The modified epoxy resin shall be a two component 100% solid, non-VOC style resin.
The resin shall bond to the existing manhole brick or concrete substrate and each layer
of the fiberglass, polyester felt, and flexible PVC inner liner.
H. Repair of Installed Liner
The finished lining must be repairable at any time during the life of the structure. The
lining shall be flexible, and have an elongation sufficient to bridge up to a 1/4-inch
settling crack, without damage to the lining. The liner shall be able to bridge expansion
cracks that may occur.
I. Safety
The Contractor shall comply with all Federal, State, Local and CAL/OSHA safety
regulations. The Contractor's personnel shall be certified for confined space entry.
J. Installation and Field Inspection
Plywood and protective plastic shall be used around the maintenance hole to isolate the
street surface from the resin. Good housekeeping measures shall be employed and any
spilled resin shall be cleaned up at the Contractor's expense.
A flow control device shall be installed to maintain the normal flow and isolate the bottom
of the liner from the flow during installation of the liner.
The Public Works Director or his designee shall inspect each dry liner bag before
installation to verify that the inspection tag, installation address, and the liner materials
comply with the table in Section F.Both the inside and outside layers of the dry fiberglass liner shall be wet out separately
with a 100% solid, non-VOC modified epoxy. There shall be no dry spots in either of the
fiberglass liners.
The wet out liner, bottom, and six layer reinforced angle section shall be installed per the
manufacturer's standards.
The wet out liner shall be inflated, heat cured with steam, and cooled with air per the
manufacturer's standards.
The cured liner shall be cut out over the pipe channel leaving a slight flared edge. The
top of the liner shall be cut off even with the top of the riser ring. Any fins in the liner at
the top of the rings shall be cut in a tapered fashion to allow a full 24-inch access to the
manhole.
The top and bottom of the cuts shall be sealed.
A cured fiat sample of the liner to be installed and six layer reinforced angle section shall
be provided to the Public Works Director or his designee prior to each installation for
testing.
K. Testing and Quality Control
A spark test shall be performed on each installed liner at a minimum of 15,000 volts per
"GREENBOOK" section 500-2.4.8.
A chemical resistance test ("Pickle Jar Test") shall be performed per "GREENBOOK"
section 210-2.3.3.
The cured sample shall be visually inspected by the Public Works Director or his
designee to confirm that the PVC barrier was installed between the layers of fiberglass
and that a minimum of six layers of fiberglass was installed and cured at the bottom of
the manhole.
The Public Works Director or his designee may elect to have the City's Public Works
Inspector involved in all inspection phases throughout the duration of the project.
WARRANTY
The manufacturer of the CIPM lining material shall furnish an affidavit attesting to a
minimum period of 10 years successful use of its materials as a lining for concrete and
brick structures in wastewater conditions recognized as corrosive or otherwise
detrimental to concrete.
Manufacturer shall warrant the performance of the CI PM liner for 10 years.
The installation Contractor shall include a 5-year warranty for materials and labor to
repair or replace any failing conditions of the liner in the structure.
CONTRACTOR RESPONSIBILITIES
1. Should the Contractor or its employees cause any damage to public or private
property, the Contractor will be required to make repairs immediately. The City may
however, elect to make repairs or replacements of damaged property and deduct thecost of such from payments due to the Contractor under the contract. The
Contractor shall not be responsible for any damages caused by sewer stoppages
unless caused by their gross negligence. The Contractor is responsible for any
damages caused by sewer stoppages if they are caused by their gross negligence.
2. Contractors must follow Work Area Traffic Control Handbook (WATCH) manual
procedures to ensure safe traffic control practices are followed during the
performance of their work.
3. The Contractor shall adhere to all the City's National Elimination Pollution Discharge
Elimination System (NPDES) Permit requirements.
4. The Contractor shall comply with all Federal, State, and Local laws, with special
attention to those laws that pertain to the handling, transportation, and use of any
hazardous materials and pertaining to the type of work specified herein.
5. The Contractor shall clean all job sites when work is completed, including the
removal of all tools and materials used during work. Each day's scheduled work
shall be completed and cleaned up and under no circumstance shall any manhole
equipment, contractor's tools/equipment and trucks be left on the street overnight.
The Contractor shall be responsible for the protection of all improvements adjacent
to the work areas, including but not limited to, curbs, gutters, street paving,
sidewalks, traffic control signage/equipment, etc. located on either public or private
property.
SCHEDULING
1. The Contractor will be required to commence work after a "Notice to Proceed" has
been issued by the City. The Contractor shall, prior to commencing, submit and gain
approval of a weekly work schedule indicating the order and location of work.
2. The general hours of operation shall be 8:00 AM to 5:00 PM. The days of operations
shall be Monday through Friday. No work shall be performed on Saturday or
Sunday.
PROPOSAL REQUIREMENT & FORMAT
1. Company Profile: Identify the legal name, address, telephone and fax number of
your firm.
2. Qualifications: At a minimum, eligible proposers will have qualifications in the
rehabilitation of sewer manholes and knowledge of applying Cured In Place Manhole
(CIPM) rehabilitation. Proposers must hold an active State of California Contractor's
License at time of proposal submittal. Proposers must submit current OSHA and
other applicable certifications relevant to this project.
3. Scope of Services: Describe the recommended scope of service to be performed by
your firm that clearly displays an understanding of the project as described in the
"Scope of Work' section of this RFP. Additionally, specific items that will not be
maintained by proposers shall be clearly indicated in the proposal.4. References: Provide a minimum of five (5) references the City may contact
concerning your performance on other similar sewer manhole rehabilitation
contracts, preferably in the Southern California area.
5. Claim History: Provide information on any legal judgments or claim settlements your
firm and any individual has had in the past five years against any public or private
entity for whom it provides service, with an explanation of their disposition.
6. Schedule of Fees: The measurement and payment for cured-in-place manhole liner
sewer manhole rehabilitation as described in this RFP shall be made at the contract
unit price per each manhole. Contractor shall also include unit pricing for new
manhole rings and lids.
The above contract price and payment shall be considered as full compensation for
furnishing all labor, materials, tools, equipment, transportation and incidentals and for
doing all the work involved and necessary to repair existing sanitary sewer manholes
and shall include lining, manhole rehabilitation, manhole sealing and water tightness,
complete in place, including field measurements of all manholes, protection and
restoration of existing public and private facilities, control of surface and subsurface
water, disposal of concrete and extraneous and surplus excavated materials, and all
other features as necessary to complete this work as specified in the Standard
Specifications for Public Works Construction "GREENBOOK" 2006 edition, these
special provisions, and as directed by the Public Works Director or his designee.
Any changes in the scope of work resulting in a contract increase or decrease in fee
shall be approved by the Public Works Director in writing prior to commencement of
actual change in work. No fee adjustment will be allowed unless said prior approval is
authorized exclusively in writing by the City, without explanation.
7. Proof of the Following Insurance Coverage:
See Exhibit-B: Standard Form Contract
See Exhibit C: Insurance RequirementsCULVER CITY
MANHOLE REHABILITATION
PROJECT
3.cos 1,50D 6.C•10F.1
ADDRESS
5E137 Cote
Cote & Rhoda
Cola & Rhoda
Cola & Rhoda
Cola & Rhoda
Cots & Rhoda
3816 Culver Center
3851 Culver Center
3864 Culver Center
3000 Culver Center
4315 Jackson
4315 Jackson
4343 Duquesne
.1343 Duquesne
10836 Washington Blvd
10915 Washington Blvd
4520 Sepulveda
4460 Sepulveda
lvtesmer Pump Station
Mesmer Pump Station
Mesmer Pump Station
rvlesmer Pump Station
Syd Kroenthal Park
Syd Kroenthal Park
Syd Kroenthal Park
Syd Kroenthal Park
Syd Kroenthal Park
EXH1BIT-A
flung
LOCATION LENGTH (frt WIDTH : NOTES
4 4
7 4
near driveway 7 4 New lid and ring
middle of street 6 4
near house 7 4 New lid an ring
a 4
OPK ASAP 14 3
AT&T 13 3
Kragen Auto Parts 10
Best Buy
8 2
Private Property 8 4 New lid and ring
Private Property 4 New lid and ring
Transportation Facility 20 4 New lid and ring
Transportation Facility 10 4 New lid and ring
at Elenda 13 3
La Ballono Elementary Schoul 12 3
next to Pep Bays 11
next to YMCA 13 4
driveway apron 14 E .
middle manhole 13 4
adjacent to fence 13 4
adjacent to creek 16 4
west of baseball field 7 5
behind 2nd ball field 7 4
F & National 12 4 New lid and ring
Fay & National (next to fence) 11 4 New lid and ring
'aye Ave cul-de-sac (behind bushes 10 3 New lid and ring
ctEXHIBIT B
CITY OF CULVER CITY
STANDARD FORM CONTRACT
WITH:
FOR:
THIS AGREEMENT is made and entered into by and between THE CITY OF CULVER
CITY, a municipal corporation, hereinafter referred to as "City," and
, 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 (DATE
CERTAIN OR SATISFACTORY COMPLETION OF THE WORK, AS
REASONABLY DETERMINED BY CITY'S .)
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.
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. To the fullest extent permitted by law, CONTRACTOR shall
indemnify, defend (at CONTRACTOR's sole expense, with legal counsel
10approved by CITY) and hold harmless the City of Culver City, members of its
City Council, its boards and commissions, officers, agents, and employees
(hereinafter, "INDEMNITEES"), from and against all loss, damage, cost,
expense, liability, claims, demands, suits, attorneys' fees and judgments arising
from or in any manner connected to CONTRACTOR's or its employees or
agent's wrongful or negligent acts, errors or omissions related to this
Agreement. This indemnification includes, but is not limited to, tort liability to a
third person for bodily injury and property damage.
CONTRACTOR agrees that this obligation to indemnify, defend and hold
harmless extends to liability and/or claims arising from INDEMNITEES' active or
passive negligence.
Notwithstanding the foregoing, nothing herein shall be construed to require
CONTRACTOR to indemnify an INDEMNITEE from any claim arising from the
sole negligence or willful misconduct of that INDEMNITEE.
The duty to defend referenced herein is wholly independent from the duty to
indemnify, arises upon written notice by CITY to CONTRACTOR of a claim
within the potential scope of this indemnification provision, and exists
regardless of any determination of the ultimate liability of CONTRACTOR, CITY
or any INDEMNITEE.
7 INSURANCE. Without limiting its obligations pursuant to Section 6 of this
Agreement, Contractor shall produce and maintain, at Contractor's own cost and
expense and for the duration of this Agreement, insurance coverage as set forth
in "Insurance Requirements" attached to and incorporated into this Agreement as
Exhibit "C".
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.
1110. 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 key 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
Attention: 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 servicesunder 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.
19. 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 regarding the subject matter hereof, 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.
27. 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.
NAME OF CONSULTANT, TYPE
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:NAME
TITLE
Carol A. Schwab
City Attorney
APPROVED AS TO FINANCING: APPROVED AS TO BUSINESS
TAX CERTIFICATE:
Jeff Muir Treasury Division
Chief Financial Officer
15EXHIBIT C
CITY OF CULVER CITY
AGREEMENT
WITH:
FOR:
INSURANCE REQUIREMENTS
A. Policy Requirements.
Consultant shall submit duly executed certificates of insurance for the
following:
1. An occurrence based Comprehensive General Liability ("CGL") policy, at
least as broad as ISO Form CG 0001, in the minimum amount of One Million
Dollars ($1,000,000) each occurrence, with not less than Two Million Dollars
($2,000,000) in annual aggregate coverage.
The CGL Policy shall have the following requirements:
a. The policy shall provide coverage for personal injury, bodily injury,
death, accident and property damage and advertising injury, as
those terms are understood in the context of a CGL policy. The
coverage shall not be excess or contributing with respect to City's
self-insurance or any pooled risk arrangements;
b. The policy shall provide $1,000,000 combined single limit
coverage for owned, hired and non-owned automobile liability;
c. The policy shall include coverage for liability undertaken by
contract covering, to the maximum extent permitted by law.
Consultant's obligation to indemnify the Indemnitees as required
under Paragraph 6 of this agreement;
d. The Policy shall not exclude coverage for Completed Operations
Hazards or Athletic or Sports Participants; and
a The City of Culver City, members of its City Council, its
boards and commissions, officers, agents, and employees
will be named as an additional insured in an endorsement to
the policy, which shall be provided to the City and approved by
the City Attorney.
162. Business Automobile Liability Insurance coverage in the amount of One Million
Dollars ($1,000,000), providing coverage for use of mobile equipment (i.e. heavy
mobile equipment or vehicles primarily for use in an off-road environment), to the
extent that (1) such mobile equipment will be used within the City limits or on City
business, and (2) coverage for mobile equipment is not otherwise covered by the
CGL policy listed in subparagraph (a), above.
3. Professional/Negligent Acts, Errors and Omissions Insurance in the
minimum amount of One Million Dollars ($1,000,000) per claim, and shall include
coverage for separate "personal injury" alleged to have been committed in the
course of rendering professional services, unless such coverage is provided by
the CGL policy listed in subparagraph (a), above.
4. Workers' Compensation limits as required by the Labor Code of the State of
California with Employers' Liability limits of One Million Dollars ($1,000,000.00)
per accident, if the Agreement will have Consultant employees working within the
City limits.
B. Waiver by City.
City may waive one or more of the coverages listed in Section A, above. This
waiver must be express and in writing, and will only be made upon a showing by the
Consultant that its operations in and with respect to City are not such as to impose
liability within the scope of that particular coverage.
C. Additional Insurance Requirements.
1. All insurance listed in Paragraph A shall be issued by companies licensed to do
business in the State of California, with a claims paying ability rating of "BBB" or
better by S&P (and the equivalent by any other Rating Agency) and a rating of A:VII
or better in the current Best's Insurance Reports;
2. Consultant shall provide City with at least thirty (30) days prior written notice of
any modification, reduction or cancellation of any of the Policies required in
Paragraph A, or a minimum of ten (10) days notice for cancellation due to non-
payment.
3. City may increase the scope or dollar amount of coverage required under any
of the policies described above, or may require different or additional coverages,
upon prior written notice Consultant.
11