HomeMy WebLinkAboutOVERLAND PACIFIC & CUTLER - 2005-08-18 If E
H CONTRACTS SUBMITTAL TO` Pill 2: 44
CITY CLERKS OFFIt
NU TlHG TOP! BiEi?CH
To: JOAN FLYNN, City Clerk
Name of Contractor: Overland, Pacific & Cutler, Inc. Amendment#1
Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
Relocation Assistance Services
Amount of Contract: Not to exceed $17,000.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
to Risk Management El
Dept. ❑
City Treasurer ❑ ORIGINAL bonds sent to Treasurer ❑
Date:
Name/ xtensi n
City Attorney's Office
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AMENDMENT NO. 1 TO AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND OVERLAND, PACIFIC & CUTLER, INC.
THIS AMENDMENT is made and entered into the qf_day of 4cj -V 2006,
by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "City," and OVERLAND, PACIFIC & CUTLER, INC., a California
corporation, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated August 18,
2005, entitled "Professional Services Contract Between The City Of Huntington Beach And
Overland, Pacific& Cutler, Inc., For Relocation Assistance Services," which agreement shall
hereinafter be referred to as the "Original Agreement," and
City and Consultant wish to extend the Term of the Original Agreement for an additional
one-year period in order to provide for the performance of additional tasks by Consultant,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. EXTENSION OF TERM
The terrn of the Original Agreement is hereby extended for an additional one (1)
year period. The Original Agreement shall now expire on August 18, 2007.
2. ADDITIONAL COMPENSATION
Section 4 of the Original Agreement, entitled "Compensation," is hereby amended
to read as follows:
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this
Agreement, a fee, including all costs and expenses, not to exceed Seventeen
Thousand Dollars ($17,000.00).
1
PDA:06 Agree:Amendment to Extend Agreement with OPC
RLS 06-317
3. ADDITIONAL TASKS
In addition to the tasks specified in the Original Agreement, Consultant agrees to
perform the tasks set forth in the letter dated June 5, 2006, from Michele Folk of Consultant to
Steve Holtz of City, a copy of which is attached to this Amendment No. 1 as Exhibit "A" and
incorporated by this reference as though fully set forth herein.
4. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers on the date first above written.
CONSULTANT: CITY:
OVERLAND, PACIFIC & CUTLER, INC. CITY OF HUNTINGTON BEACH,
A California co ation _ a municipal corporation of the
State of California
By:
Director of EcNohaic Development
(pursuant to HBhfC 3.03.l 00)
(print or type name) APPROVED AS TO FORM:
Its: (circle one hairman/President/Vice President p I
� ✓�. y d6
�pe � ty Attorney J_�
By:
(print or type name)
Its: (circle one)Secretary/chief Financial Officer/
Asst. Secretary-Treasurer
PDA:06 Agree:Amendment to Fxtend Agreement with OPC r
RLS 06-317
EXHIBIT "A "
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24422 Avenida De La Carlota#275, Laguna Hills,CA 92653
phone: (949)951-5263,fax: (949)951-6651
June 5, 2006
Steve Holtz
Real Estate Services Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
RE: Change Order for Garfield/Delaware Street Widening Project - REVISED
Dear Mr. Holtz:
Our initial proposal dated July 28, 2006, outlined relocation services for two residential
displacements and a Relocation Plan and proposed a project budget of$9,000.00 related
to the project referenced above. Due to the reasons listed below, we respectfully request
a change order to reflect an increase of $6,000.00 for.past and future services to be
provided to the Gabrielsons and their tenant:
OPC started working on the project in August '05 and will most likely continue to
assist the displacees through June or July
The Gabrielsons have been particularly "high-maintenance" claimants due to their
elderly status and the involvement of their son, Carl Jr., who has insisted on being
very involved with all negotiations and contact with his parents. This required
multiple conversations with several parties involved each step of the acquisition
and relocation process as well as detailed documentation of all.
It took a month of requests to the Gabrielsons to get contact information for their
tenant so that we could begin relocation services for her.
The Gabrielsons NOE had to be revised, presented and explained twice due to the
change in the acquisition price of the subject property.
The Gabrielsons originally requested that OPC look for "income property"
comparable replacements, which we did. They later changed their request and
asked us to identify comparable SFRs for sale. The identification of a satisfactory
replacement home for them took quite some time, and the Gabrielsons even
apologized for "being so picky". They also required our assistance in driving
them on several occasions to view potential replacement properties.
The extremely unfortunate passing of Mr. Gabrielson caused additional delays
during Mrs. Gabrielson's mourning period and the time it took the family to be
able to again focus on the relocation process.
Finally, the coordination of making the replacement unit handicap accessible,
including: finding contractors, setting up and obtaining bids, reviewing bids, and
discussing proposed work with Mrs. Gabrielson and her son has taken
considerable time. Most recently, they have appealed the original bids for ADA
accommodations (secured by themselves as well as by OPQ and are out for a
third set of bids which must be reviewed and approved/rejected before the final
claims process.
In addition, you recently requested our assistance with an additional case, and we have
been asked to provide relocation advisory services relating to the identification of a
DS&S replacement unit for a woman who has been evicted by a developer. We would be
happy to assist with this case and request an increase of an additional $2,000.00 to the
overall project budget. (This is based on approximately 20 hours of relocation assistance
services for the new case.) This would result in a total project budget of$17,000.00
We have been as efficient as possible during the relocation process _so far and will
complete relocation services for the displacees as soon as is feasible. If you have any
questions, please give me a call at (949) 951-5263. Thank you for consideration in this
matter.
Sincerely,
Overland, Pacific & Cutler, Inc.
kb�"
Michele Folk, SR/WA, R/W-RAC
Area Manager
CITY OF HUNTINGTON B ACH
F Professional Service Contracts
Purchasing C rtification
� lei �
1. Date: July 12, 2006 R E C E a�
2. Department: Economic Development JUL 1 9 2006
3. Requested by: Steve Holtz, RE Services Manager City
of Hunting, '� icec�
4. Name of consultant: Overland, Pacific and Cutler, Inc.
5. Attach the written statement of the specification, conditions and other requirements for
the requested services that was provided to solicited consultants in your answer to 11
of this form.
6. Amount of the contract: $17,000.00
7. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
8. Company number and object code where funds are budgeted: 20690001.81200
9. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ® Yes, ❑ No
10. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the
list of professional service contracts approved by the City Council?'
® Yes, ❑ No
11. Were (at least) informal written proposals requested of three consultants?
® Yes, ❑ No
Explanation: This is an amendment to the existing contract with OPC for
relocation services for Garfield/Delaware widening project.
12. Attach list of consultants from whom proposals were requested (including a contact
telephone number).
13. Attach proposed scope of work.
14. Attach proposed payment schedule.
Department Hea Signature H AIRD AMA KRIL, anager
Purchasing/Central Services
' If the answer to any these questions is "No," the contract will require approval from the City Council.
Professional Services Contract Purchasing Certification June 2006
i
Suit City INSURANCE AND INDEMNIFICATION WAIVER
Hun iEB®di@
MODIFICATION REQUEST
I
1. Requested by: Christi Mendoza, Risk Management
2. Date: Jul/ 31, 2006
3. Name of contractor/permittee: Overland Pacific & Cutler Inc.
4. Description of work to be performed: Relocation plan and assistance in conjunction with
Garfield & Delaware Street Widening Project
5. Value and length of contract: Not-to-exceed $17,000, One (1) year
6. Waiver/modification request: $10.000 deductible/general: $100,000 SIR/professional
7. Reason for request and why it should be granted: Unable to comply with the city's zero
deductible insurance requirement
8. Identify the risks to the City in approving this waiver/modification: None
beppailment Head Skinat re Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Risk nagement
Approved ❑ Denied
Signature C` Date
2. 'ty Attorney's Office
Approved ❑ Denied
Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY)
05/31/2006
PRODUCER (818)225-6200 FAX (818)225-6210 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Venbrook ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
22801 Ventura Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Third Floor
Woodland Hills CA 91364-5815 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERAThe Hartford
Overland Pacific & Cutler Inc. INSURER 8:HiBCOX, Inc.
100 West Broadway Suite 500 INSURERC
INSURER D:
fLong Beach CA 90802 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD'L POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MWDDTY DATE MMIDD LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES Es occurrence $ 300,000
A CLAIMSMADE OCCUR 72UUNTR7859 06/01/2006 06/01/2007 MED EXP(Any one n $ 10,000
X $10,000 BI&PD DEDT PERSONAL B ADV INJURY $ 1,000,000
X PER CLAIM GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000
X POLICY j CT LOC
A AUTOMOBILE LIABILITY 72UUNTR7859 06/01/2006 06/01/2007 COMBINED SINGLE LIMIT
X ANY AUTO (Es accident) $ 1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS APPR VED AS TO FORM BODILY INJURY.
NON-OWNED AUTOS (Per accident) $
JENN PER MpG� ,C� Atto
X Comp Ded: $1,000
/ PROPERTY DAMAGE $
X Coll Iliad- $1,000 ( (Per accident)
GARAGE LIABILITY 13YPa m= ��' AUTO ONLY-EA ACCIDENT $
ANY AUTO As818 t City AttOTR
RLev CA,--- OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000
X OCCUR CLAIMS MADE AGGREGATE $ 1,000,000
$
A DEDUCTIBLE 72RHUTR7849 06/01/2006 06/01/2007 $
RETENTION $ $
AWORKERS COMPENSATION AND WC TATU- TH-
X TORY LIMITS ER
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? 72WERL3495 06/01/2006 06/01/2007
E.L.DISEASE-EA EMPLOYEEI$ 1,000,O00
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
B OTHER Errors & Omissions MEOIO0112506 06/01/2006 06/01/2007 s & o $ 2,000,000
Professional Liab. SIR $ 100,000
DESCRIPTION OF OPERATIONSILOCATIONSJVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECUIL PROVISIONS
Certificate Holder, its agents, officers and employees are named as Additional Insureds as their interest may appear
in the operations of the Named Insured as respects General Liability per attached endorsement HG 00 01 06 05. *10 DAY
NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
The City and Redevelopment Agency Of EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL l(r)6Xn1fd6 XX MAIL
The City Of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: Steve Holtz
2000 Main Street
� Iaf�
Huntington Beach, CA 92648
AUTHORIZED REPRESENTATIVE
Robbin Tait/CH l
ACORD 25(2001108) 0 ACORD CORPORATION 1988
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City Clerks Office
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To: City Clerk
1. Name of Contractor: Overland Pacific & Cutler
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2. Purpose of Contract: For Example:Audit Semites or hater Oualin,Testing Huntingtar Luke-Huntington CewrLTork--r.
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provide relocation assistance N .
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3. Amount of Contract: $9,000.00
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Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk
Management
Initiating Dept._
Citv Treasurer ORIGINAL bonds sent to Treasurer
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CITY CLERK'S FFIC NLY:
an e/Extens'on Cate O �
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
OVLYI AAA,PAc& d CK+ky,
FOR
rrJJ
THIS AGREEMENT ("Agreement") is made and entered into this day of
sr 2005 by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
MIJOLrtAI&4—L 4 Cufkv, lwc. a C0L4f c CjL CdyfarA}-f
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
povike vtlacMioK &SC%%tjtvt c4- Stryic.LS ; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates m(tA6 c1iL who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/forms/profsery 1 0/1 510 1-A I
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on (& I To I unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than D tyE `I E/},i? from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
IViiaC A II&SOLKE - Dollars ($ I,
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
agree/forms/profsery 10/15/01-A 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
agree/forms/profsery 10/15/0 1-A 3
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-
mentioned insurance shall not contain a self-insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
agree/forms/profsery 1 0/1 510 1-A 4
• •
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agree/forms/profsery 10/15/01-A 5
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
agree/forms/profsery 10/15/01-A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach 6yeM KA, PO►C c- t CkokV, (Kc
ATTN: Maxc.A-cy, too IA!• 8�raadu►0.�, SUtI}L Sto
2000 Main Street
Huntington Beach, CA 92648 LOKI toy,[A C14 g0$07_
hhfv�: M�'cNZlt folk E St.�►i.c�
Pve i cc,�F 1�`avw�.t,✓
17. CONSENT
When CITY's cons ent/approval is required under this Agreement, its
cons ent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
agree/forms/profsery 10/15/01-A 7
i •
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
agree/for ms/profserv10/15/01-A 8
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
agree/forms/profsery 10/15/01-A 9
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non-prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that parry's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/fortes/profsery 10/15/01-A 10
� s
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
wn tten.
CONSULTANT,
1 CITY OF HUNTINGTON BEACH,
'Pb' �L c 4.xa sC. 4NL, a municipal rp ation of the State of California
Director of 0-0 ,
(Pursuant TdOHBMC§3.03.10 )
print name C
ITS: (circle one)C+airn4sa/41�/V4ee+residont APPROVED AS TO FORM:
A r
City Attorney
By.
Go.. REVIEWED AND APPROVED:
print name
ITS: (circle one) ecreta Chief Financial Officer/Asst.
Secretary—Treasurer City. Administrator
(only for contracts$'S0,000.00 and over)
,i
/
agree/forms/profservl0/15/01-A I I
SCOPE OF WORK
EXHIBIT #A
EXHIBIT A
Scope of Work
Relocation Assistance Program Implementation
Overland, Pacific & Cutler, Inc. will follow the Uniform Relocation and Real Property
Acquisition Policies and Title 25 — Housing and Community Development
(California Code of Regulations) to implement a controlled relocation assistance
program consistent with law and with the City's goals. Specific tasks include:
A. Conduct the following activities necessary for the effective relocation of
residential occupants:
1. Conduct personal, on-site interviews of prospective displacees to
ascertain relocation housing needs and special requirements.
2. Inform displaced persons of available relocation assistance services and
benefits, and explain relocation process.
3. Provide displacees with on-going advisory assistance to minimize their
hardship, including referrals to and coordination with community service
resources, public housing and other public services, as necessary.
4. Prepare and distribute Informational Statements, Notices of
Displacement, 90-Day Notices to Vacate, and other notices, as may be
required.
5. Provide written referrals to replacement housing and physically assist
displacees in locating replacement housing, including transporting
individuals to view replacement sites, if necessary.
6. Prepare replacement housing/down payment assistance entitlement
reports for displaced households.
7. Determine eligibility for and proposed amount of relocation benefits,
including moving payments, rental/down payment assistance, and
replacement housing payments.
8. Inspect replacement dwellings to determine if they meet "decent, safe and
sanitary" requirements.
9. Prepare all applicable benefit claim forms, secure claimant's signatures
on claim forms, and submit claim forms to City for processing and
payment.
10. Monitor the move to replacement site, as necessary.
11. Deliver benefit checks and other appropriate payments to claimants.
12. Maintain necessary case documentation and provide City with periodic
standard status reports.
COMPENSATION - TIME AND MATERIAL
EXH I BIT #,Bl .
EXHIBIT B
Compensation — Time and Material
Activity Cost
Relocation Plan $2,500
Relocation Assistance $6,500
(Based upon one owner occupant and one tenant
residential displacee)
Total (not to exceed) 9 000
Su ►ty INSURANCE AND INDEMNIFICATION WAIVER
,ttn /Bmh, MODIFICATION REQUEST
1. Requested by: Steve Holtz, RE Services Manager
2. Date: August 8, 2005
3. Name of contractor/permittee: Overland Pacific & Cutler (OPC)
4. Description of work to be performed: Relocation Plan and Assistance in conjunction with
_Garfield & Delaware Street Widening Proiect. The project entails the acquisition of one
residentially occupied property that will necessitate the relocation of one owner occupant
and one residential tenant.
5. Value and length of contract: not to exceed $9,000 - within 9 months from start.
6. Waiver/modification request: Deductible
7. Reason for request and why it should be granted: The cost of providing no deductible
insurance makes the cost of the insurance cost prohibitive.
8. Identify the risks to the City in approving this waiver/modification: No risk to City.
8/3/05
Depart nt a Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Ris Management
Approved ❑ Denied C
Signature Date
2. City Attorneys Office
,XQpproved ❑ Denie f)--)e / F Ar
t j Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved,the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
- -— —- --nr v■.�■�■ ■■ ■vi ■ t` v■ �■r■v■�■ ■ ■ 8/4/2005
PRODUCER THIS CERTIFICATE J&ISSUED AS A MATTER OF INFORMATION
Venbrook Insurance Services • ONLY AND CONFM NO RIGHTS UPON THE CERTIFICATE
22801 Ventura Blvd,Third Floor HOLDER. THIS CEWFICATE DOES NOT AMEND, EXTEND OR
Woodland Hills,CA 91364 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Phone 818-225-6200 Fax 818-225-6210
INSURERS AFFORDING COVERAGE NAIC#
INSURED
Overland,Pacific&Cutler,Inc. INSURER A: Great American E&S Company
100 West Broadway INSURER B: Hartford Casualty Insurance Co.
Suite 500 INSURER c: RSUI Indemnity Company
Long.Beach,CA 90802 INSURER D: National Liabildy &Fire Co.
INSURER E: Illinois Union Insurance Company
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSIR ADEYL ���� POLICY DATE EFFECTIVE POLICYLTR INM TYPE OF INSURANCE EITARATION RTE LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
X COMMERCIAL G DAMAGE TO RENTED
ENERAL LIABILITY
PL 5574310-02 6/1/2005 6/1/2006 PREMISES Eaoccurence $ 50 OOO
A 7 CLAIMS MADE FX_1 OCCUR MED EXP(Any one person) s Excluded
X Contractual Liability PERSONAL&ADV INJURY $ 1,000,000
X $10,000 Ded GENERAL AGGREGATE $ Z000,000
GEN'L AGGREGATE'LIMIT.-APPLIES PER: PRODUCTS-COMP/OP AGG s Excluded
POLICY PRO LOC
AUTOMOBILE LIABILITY
CO
MBINED SINGLE LIMIT $ 1,000,000
ANY AUTO 72UECT03952 6/1/2005 6/1/2006 ( accident)
ALL OWNED AUTOS
BODILY INJURY $
B X SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
X $1,000 Comp Ded A5 7 FORM
(ROPERTY
X $1,000 Coll Dedaccident)
)AMAGE
$
Per acddent
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO EA ACC $
OTHER THAN
AUTO ONLY: AGG $
EXCESSIUMBRELLALU168JTY EACH OCCURRENCE $ 1,000,000
X OCCUR F1CLAIMS MADE NHA214302 6/1/2005 6/1/2006 AGGREGATE $ 1,000,000
C $
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X WC STATU- OTH-
0100009750-051 6/1/2005 6/1/2006 R
EMPLOYERS LI RIPART E.L EACH ACCIDENT $ $1,000,000
D ANY PROPRIETOR/PARTNER/EXECUTNE
OFFICER/MEMBER EXCLUDED? YES E.L.DISEASE-E4 EMPLOYEE $ $1 000,000
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ $1 000 000
Errors 8 Omissions Prof Liab BM120022998 6/1/2005 6/1/2006 E&O$2,000,000 SIR:$100,000
E E
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY EN I SPECIAL PROV190NS
The City and Redevelopment Agency of the City of Huntington Beach,its agents,officers and employees are named as Additional
Insured as their interest may appear in the operations of the Named Insured.
*10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM
CERTIFICATE HOLDER Additional Insured CANCELLATION
The City and Redevelopment Agency of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
The City of Huntington Beach DATE THERE-OF,THE ISSUING INSURER WILL NAAKI KYOXIMAIL 30 DAYS WRITTEN
2000 Main Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LFFr,
Huntington Beach,CA 92648- MW
nRZZEDPRESENT#TW
ACORD 25(2001108) OVER1 Certff 2 Holder#367 OACORD CORPORATION 1988
The City and Redevelopment Agency of the City of Huntington each, its agents, officers and
employees
The City and Redevelopment Agency of
The City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
GENERAL LIABILITY COVERAGE PART
A. WHO IS AN INSURED (Section II) is amended to include as an Insured any person or
organization (called additional Insured) whom you are required to add as an additional Insured on
this policy under:
1. a written contract or agreement or;
2. an oral contract or agreement where a certificate of insurance showing that person or
organization as an additional Insured has been issued;
but the written or oral contract must be:
3. currently in effect or becoming effective during the term of this policy; and
4. executed prior to the "bodily injury," "property damage," "personal injury," or"advertising injury"
which first manifests on or after the date of the inception of this policy period, as shown in the
Declarations Page of the policy but prior to the earlier of the date of expiration or cancellation
of this policy.
B. With respect to the insurance afforded such Additional Insured, the following additional provisions
apply:
1. that person or organization is only an Additional Insured with respect to liability arising out of:
a. premises or equipment you own, rent, lease, or occupy; or
b. your ongoing operations performed for that Additional Insured by or for you.
The insurance provided to such Additional Insured does not apply to "bodily injury" or "property
damage" included within the "products-completed operations hazard."
2. The Limits of Insurance applicable to an such Additional Insured are those specified in the
PP Y P
written contract or agreement or in the Declarations for this policy, whichever are less and are
subject to the terms and conditions of this coverage form. These Limits of Insurance are
inclusive of and not in addition to the Limits of Insurance shown in the Declarations.
3. A person's or organization's status as an Additional Insured under this endorsement ends 30
- days after your operations or agreement for that Additional Insured are completed or cease, or
the expiration of this policy, whichever is earlier.
C. The insurance provided to any Additional Insured does not apply to "bodily injury," "property
damage," "personal injury," or"advertising injury" arising out of an architect's, engineer's, or
surveyors' rendering of or failure to render any professional services including:
1. the preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports,
surveys, change orders, design or specifications; and
2. supervisory, inspection, or engineering services.
It is further agreed that this insurance shall be primary and noncontributory but only in the event of the
Named Insured's sole negligence.
su PROFESSIONAL SERVICE CONTRACTS
Hnd� i Beach o PURCHASING CERTIFICATION
1. Requested by: Steve Holtz, Real Estate Services Manager
2. Date: August 5, 2005
3. Name of consultant: ' Overland, Pacific & Cutler, Inc.
4. Attach the written statement of the specification, conditions and other
requirements for the requested services that was provided to solicted
consultatnts in your answer to 11 of this form.
5. Amount of the contract: $9,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 10080501.69340
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ® Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No IC/PA�
b MuN (bar
10. Were (at least) informal written proposals ested of three consultants?
❑ Yes, ® No Please refer to Chapter 3 "Professional Services"
i Section 3 . 03 . 080 (b) other interagency agreements .
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number).
Attached is a sample agreement with the City of Ontario
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
�1
RI HARD ADRIL, Manager
Purchasing/Central Services
If the answer to any these questions is "No,"the contract will require approval from the City Council.
Document2 8/5/2005 9:51 AM
AUG. 3. 2005 3 : 38F �0. 109 P.
CITY OF ONTARIO,ONTARIO REDEVELOPMENT AGENCY AND THE ONTARIO
HOUSING.AUTHORITY
PROFESSIONAL SERVICES AGREEMENT
FOR ACQUISITION AND RELOCATION CONSULTING SERVICES
1. PARTms AND DATE.
This Agreement is made and entered into this 19 t h day of July 2005,by
and between the City of Ontario, a California municipal corporation, with its principal place of
business at 303 Past "B" Street, Ontario, California 91764-4196 ("City"), the Ontario
Redevelopment Agency and Ontario Housing Authority, public bodies, corporate and politic,
with their principal place of business at 316 East "E" Street, Ontario, California 91764-3799
("Agencies') and Overland, Pacific & Cutler, Inc., a California Corporation with its principal
place of business at 24422 Avenida de la Carlota, Suite 275, Laguna hills, California 92653
("Consultant"). City and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties."
2. REcrrALs.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City and Agencies on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing environmental consulting
services to public clients, is licensed in the State of California, and is familiar with the plans of City
and the Agencies.
2.2 ]Project.
City and Agencies desire to engage Consultant to render property acquisition and relocation
consulting services as set forth in this Agreement and as directed by the City and Agencies for
various ongoing City and Agencies projects (collectively"Projects').
3. TExm s.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services.
Consultant promises and agrees to furnish to the City and Agencies all labor,materials,tools,
equipment, services, and incidental and customary work necessary to fully and adequately supply
the City and Agencies with the professional land acquisition and relocation services necessary for
the Projects ("Services"). The Services are more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference. All Services shall be subject to, and performed in
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accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference,
and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term.
The term of this Agreement shall be from July 19, 2005 to June 30, 2008, unless earlier
terminated as provided herein Consultant shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and deadlines,
3.2 Responsibilities of Consultant
3.2.1 Control and Payment of Subordinates, Independent Contractor.
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means,methods and details of performing the Services subject to the requirements of
this Agreement. City and Agencies retain Consultant on an independent contractor basis and not as
an employee. Consultant retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this Agreement
on behalf of Consultant shall also not be employees of City and Agencies and shall at all times be
under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including,but not limited to: social security taxes,income tax
withholding,unemployment insurance, disability insurance, and workers' compensation insurance,
3.2.2 Schedule of Services.
Consultant shall perform the Services expeditiously;within the term of this Agreement, and
in accordance with the Schedule of Services set fbrth in Exhibit"B"attached hereto and incorporated
herein by reference. Consultant represents that it has the professional and technical personnel
required to perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City and Agencies shall respond to Consultant's
submittals in a timely manner, Upon request of City and Agencies, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule.
3.2.3 Conformance to Applicable Requirements.
All work prepared by Consultant shall be subject to the approval of City and Agencies for
the Projects.
3.2.4 Substitution of Key Personnel.
Consultant has represented to City and Agencies that certain key personnel will perform and
coordinate the Services under this Agreement. Should one or more of such personnel become
unavailable, Consultant may substitute other personnel of equal competence upon written approval
of City or Agencies. In the event that City and Agencies and Consultant cannot agree as to the
substitution of key personnel, City and Agencies shall be entitled to terminate this Agreement for
cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner
acceptable to the City or Agencies, or who are determined by the City and Agencies to be
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uncooperative, incompetent, a threat to the adequate or timely completion of the]Project or a threat
to the safety of persons or property, shall be promptly removed from the Project by the Consultant
at the request of the City or Agencies. The key personnel for performance of this Agreement are as
follows: Michele Folk, Senior Project Manager.
3.2.5 City's Representative.
The City hereby designates City Manager,or his designee, to act as their representative for
the performance of this Agreement("City's Representative"). City's Representative shall have the
power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept
direction or orders from any person other than the City's Representative or his or her designee.
3.2.6 Agencies' Representative
The Agencies hereby designate Executive Director, or his designee, to act as their
representative for the performance of this Agreement ("Agencies' Representative"). Agencies'
Representative shall have the power to act on behalf of the Agencies for all purposes under this
Contract. Consultant shall not accept direction or orders from any person other than the Agencies'
Representative or his or her designee.
3.2.7 Consultant's Representative.
Consultant hereby designates Mark LaBonte, or his or her designee, to act as its
representative for the performance of this Agreement("Consultant's Representative"). Consultant's
Representative shall have full authority to represent and act on behalf of the Consultant for all
purposes under this Agreement. The Consultant's Representative shall supervise and direct the
Services, using his best stall and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement.
3.2.8 Coordination of Services.
Consultant agrees to work closely with City and Agencies staff in the performance of
Services and shall be available to City and Agencies staff, consultants and other staff at all
reasonable times.
32.9 Standard of Care; Performance of Employees.
Consultant shall perform all Services under this Agreement in a skillful and competent
manner; consistent with the standards generally recognized as being employed by professionals in
the same discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional caking necessary to perform the Services. Consultant warrants that all employees
and subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services,including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. As provided for in the indemnification provisions of this
Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from
the City and Agencies,any services necessary to correct errors or omissions which are caused by the
RVPUB\RHG\696601.1
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Consultant's failure to comply with the standard of care provided for herein. Any employee of the
Consultant or its sub-consultants who is determined by the City or Agencies to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of
persons or property, or any employee who fails or refuses to perform the Services in a manner
acceptable to the City and Agencies, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.10 Laws and Regulations.
Consultant shall keep itself fully informed of and in compliance with all local, state and
federal laws, rules and regulations in any manner affecting the performance of the Project or the
Services, including all Cal/OSHA requirements, and shall give all notices required by law.
Consultant shall be liable for all violations of such laws and regulations in connection with Services.
If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations
and without giving written notice to the City and Agencies, Consultant shall be solely responsible
for all costs arising therefrom. Consultant shall defend, indemnify and hold City and Agencies,its
officials,directors, officers,employees and agents free and harmless,pursuant to the indemnification
provisions of this Agreement,from any claim or liability arising out of any failure or alleged failure
to comply with such laws,rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance.
Consultant shall not commence the Services under this Agreement until it has provided
evidence satisfactory to the City and Agencies that it has secured all insurance required under this
section. In addition, Consultant shall not allow any subcontractor to commence work on any
subcontract until it has provided evidence satisfactory to the City and Agencies that the
subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements,
Consultant shall, at its expense, procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Agreement by the Consultant, its agents, representatives,
employees or subcontractors. Consultant shall also require all of its subcontractors to obtain and
maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least
the following minimum levels of coverage:
(A) Minimum Scope of Insurance.
Coverage shall be at least as broad as the latest version of the following: (1) General
Liability: Insurance Services Office Commercial General Liability coverage(occurrence form CG
0001); (2)Automobile Liability: Insurance Services Office Business Auto Coverage form number
CA 0001, code 1 (any auto); and (3) Workers' Compensation and.Employer's Liability: Workers'
Compensation insurance as required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance.
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Consultant shall maintain limits no less than (1) General Liability: $1,000,000 per
occurrence for bodily injury,personal injury and property damage. If Commercial General Liability
Insurance or other form with general aggregate limit is used, either the general aggregate limit shall
apply separately to this Agreement4ocation or the general aggregate limit shall be twice the required
occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property
damage; and(3) Workers'Compensation and Employer's Liability:Workers'Compensation limits
as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000
per accident for bodily injury or disease.
3.2.10.3 Professional Liability.
Consultant shall procure and maintain, and require its sub-consultants to procure and
maintain, for a period of five (5)years following completion of the Services, errors and omissions
liability insurance appropriate to their profession. Such insurance shall be in an amount not less than
$1,000,000 per claim, and shall be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements.
The insurance policies shall contain the following provisions, or Consultant shall provide
endorsements on forms supplied or approved by the City and Agencies to add the following
provisions to the insurance policies:
(A) General Liability.
The general liability policy shall be endorsed to state that: (1) the City and Agencies, its
directors, officials, officers, employees and agents shall be covered as additional insured with respect
to the Services or operations performed by or on behalf of the Consultant, including materials,parts
or equipment furnished in connection with such work; and (2) the insurance coverage shall be
primary insurance as respects the City and Agencies,its directors,officials, officers,employees and
agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City and
Agencies, its directors, officials, officers, employees and agents shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way_
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(B) Automobile Liability.
The automobile liability policy shall be endorsed to state that: (1)the City and Agencies,its
directors,officials, officers,employees and agents shall be covered as additional insured with respect
to the ownership, operation,maintenance,use,loading or unloading of any auto owned,leased,hired
or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City and Agencies, its directors, officials,
officers, employees and agents, or if excess,shall stand in an unbroken chain of coverage excess of
the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the
City and Agencies, its directors, officials, officers, employees and agents shall be excess of the
Consultant's insurance and shall not be called upon to contribute with it in any way.
(C) Workers'Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City and Agencies,its
directors, officials, officers, employees and agents for losses paid under the terms of the insurance
policy which arise from work performed by the Consultant.
(D) All Coverage.
Each insurance policy required by this Agreement shall be endorsed to state that: (A)
coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior
written notice by certified mail,return receipt requested, has been given to the City and Agencies;
and(B) any failure to comply with reporting or other provisions of the policies, including breaches
of warranties, shall not affect coverage provided to the City and Agencies, its directors, officials,
officers, employees and agents.
3.2.10.5 Separation of Insured; No Special Limitations.
All insurance required by this Section should contain standard separation of insured
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City and Agencies,its directors,officials, officers, employees and agents.
3.2.10.6 Deductibles and Self-Insurance Retention.
Any deductibles or self-insured retention must be declared to and approved by the City and
Agencies. Consultant shall guarantee that, at the option of the City and Agencies, either; (1) the
insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City and
Agencies,its directors, officials, officers,employees and agents; or(2) the Consultant shall procure
a bond guaranteeing payment of losses and related investigation casts, claims and administrative and
defense expenses.
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i
3.2.10.7 Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M.Best's rating no less than A III,
licensed to do business in California, and satisfactory to the City and Agencies.
3.2.10.8 Verification of Coveraze.
Consultant shall furnish City and Agencies with original certificates of insurance and
endorsements effecting coverage required by this Agreement on forms satisfactory to the City and
Agencies. The certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City
and Agencies if requested. All certificates and endorsements must be received and approved by the
City and Agencies before work commences. The City and Agencies reserve the right to require
complete, certified copies of all required insurance policies, at any time.
3.2.11 Ste.
Consultant shall execute and maintain its work to avoid injury or damage to any person or
property. In carrying out its Services, the Consultant shall at all times be in compliance with all
applicable local, state and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the conditions
under which the work is to be performed. Safety precautions as applicable shall include,but shall
not be limited to. (A) adequate life protection and life saving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
33 Fees and Payments.
3.3.1 Compensation.
Consultant shall receive compensation,including authorized reimbursements,for all Services
rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated
herein by reference. For each year of this Agreement,the total compensation shall not exceed; the
amount budgeted by the City and the Agencies for the Services without the written approval of the
City Manager and/or Executive Director. If approved, any Extra Work will be compensated at the
rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation.
Consultant shall submit to City or Agencies a monthly-itemized statement that indicates
work completed and hours of Services rendered by Consultant. The statement shall describe the
amount of Services and supplies provided since the initial commencement date, or since the start of
the subsequent billing periods, as appropriate, through the date of the statement. City shall,within
45 days of receiving such statement,review the statement and pay all approved charges thereon,
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3.3.3 Reimbursement for Expenses.
Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work.
At any time during the term of this Agreement, City and Agencies may request that
Consultant perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City and Agencies to be necessary for the proper completion of the Project,but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.3.5 Prevailing Wages.
Consultant is aware of the requirements of California Labor Code Sections 1720 et seta and 1770 et
s_g, as well as California Code of Regulations, Title 8, Section 16000 et seMc ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other
requirements on certain "public works" and "maintenance" projects, If the Services are being
performed as part of an applicable "public works" or "maintenance" project, as defined by the
Prevailing Wage Laws, and if the total compensation is$1,000 or more,Consultant agrees to fully
comply with such Prevailing Wage Laws. City and Agencies shall provide Consultant with a copy
of the prevailing rates of per diem wages in effect at the commencement of this Agreement.,
Consultant shall make copies of the prevailing rates of per diem wages for each craft,classification
or type of worker needed to execute the Services available to interested parties upon request, and
shall post copies at the Consultant's principal place of business and at the project site. Consultant
shall defend, indemnify and hold the City and Agencies,its elected officials,officers,employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection.
Consultant shall maintain complete and accurate records with respect to all costs and
expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant
shall allow a representative of City or Agencies during normal business hours to examine, audit,and
make transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and
activities related to the Agreement for a period of three (3) years from the date of final payment
under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination.
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City and Agencies may,by written notice to Consultant, terminate the whole or any part of
this Agreement at any time and without cause by giving written notice to Consultant of such
termination, and specifying the effective date thereof, at least seven(7)days before the effective date
of such termination_ Upon termination, Consultant shall be compensated only for those services,
which have been adequately rendered to City and Agencies, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination.
If this Agreement is terminated as provided herein, City and Agencies may require
Consultant to provide all finished or unfinished Documents and Data and other information of any
kind prepared by Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such documents and other information within fifteen (15)
days of the request.
3.5.1.3 Additional Services.
In the event this Agreement is terminated in whole or in part as provided herein, City and
Agencies may procure, upon such terms and in such manner as it may determine appropriate,
services similar to those terminated.
3.5.2 Delivery of Notices.
All notices permitted or required under this Agreement shall be given to the respective
Parties at the following address, or at such other address as the respective parties may provide in
writing for this purpose:
City:
City of Ontario
316 East"fi" Street
Ontario, CA 91764-3799
Attn: City Manager
Agencies:
Ontario Redevelopment Agency/Ontario Housing Authority
316 East"E"Street
Ontario, CA 91764-3799
Attn: Executive Director
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Consultant:
Overland,Pacific& Cutler, Inc.
24422 Avenida de la Carlota, Suite 275
Laguna Hills, CA 92653
Attn: Mark LaBonte,Vice President
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data, Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City and Agencies to copy,
use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement("Documents&Data"). Consultant shall
require all subcontractors to agree in writing that City and Agencies is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license all Documents &
Data. Consultant makes no such representation and warranty concerning Documents &Data,which
were prepared by design professionals other than Consultant or provided to Consultant by the City
and Agencies. City and Agencies shall not be limited in any way in its use of the Documents&Data
at any time,provided that any such use not within the purposes intended by this Agreement shall be
at City's and Agencies'sole risk_
3.5.3.2 Confidentiality.
All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer
program data, input record data, written information, and other Documents and Data either created
by or provided to Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Consultant shall not, without the prior written consent of City and
Agencies, use such materials for any purposes other than the performance of the Services. Nor shall
such materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant,which is otherwise known to Consultant,
is generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's and Agencies' name or insignia,photographs of the Project, or any
publicity pertaining to the Services or the Project in any magazine,trade paper,newspaper,television
or radio production or other similar medium without the prior written consent of City and Agencies.
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•
3.5.4 Cooperation; Further Acts.
The Parties shall:fully cooperate with one another, and shall take any additional acts or sign
any additional documents as may be necessary,appropriate or convenient to attain the purposes of
this Agreement.
3.5.5 Attorney's Fees.
If either Party commences an action against the other Party,either legal, administrative or
otherwise, arising out of or in connection with this Agreement,the prevailing parry in such litigation
shall be entitled to have and recover from the losing party reasonable attorney's fees and all other
costs of such action.
3.5.6 Indemnification.
Consultant shall defend,with counsel reasonably acceptable to the City and Agencies,and
indemnify and hold the Agencies,the City and their respective elected officials,officers,employees,
and agents (collectively, he"Indemnified Parties" an each , individually, an "Indemnified Party'
free and harmless from any and all third party claims,demands, causes of action, costs, expenses,
liability, loss, damage or injury, in law or equity, to property or person, including wrongful death
arising from any(i)negligent act or omission of Consultant or of its directors, officers, employees,
agents, or (ii) willful misconduct of Consultant or of its directors, officers, employees, agents,
consultants or contractors, arising out of the performance of the Services or this Agreement
(collectively,the"Indemnity Obligation'. The Indemnity Obligation includes,without limitation,
the payment of all consequential damages and attorneys'fees,expert witness fees, and other related
costs and expenses. The Consultant's Indemnity Obligation shall not be limited to or restricted by
the amount of insurance proceeds, if any, received by or available to Consultant.
The Consultant's duty t defend the Indemnified Parties pursuant to the Indemnity Obligation
applies until the extent of any negligence, liability,fault, default,or other obligation on the part of
the Consultant and the Indemnified Parties has been fully and finally determined, and regardless of
whether or not the indemnified Parties have paid any sums or incurred any detriment (directly or
indirectly) regarding any such matter.
Nothing in this section is intended to limit the Consultant's ability to obtain a court ruling
regarding the scope or applicability of its duty to defend or any other element of the Indemnity
Obligation.
The Indemnified Parties will reasonably cooperate in their defense. To the extent a defense
of the Indemnified Parties is being paid for in whole or in part from proceeds of insurance coverage
required to be carried by the Consultant under this Agreement, the Indemnified Parties will
reasonably cooperate in such defense in the manner reasonably required by the applicable insurance
policy.
If the Consultant provides the required defense of the Indemnified Parties,when an action
or proceeding involving the Indemnity Obligation is fully and finally adjudicated(non-appealable),
the Consultant may recover from an Indemnified Party that percentage of the defense costs of
defending that Indemnified Party in such action or proceeding equal to the percentage of
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contributory liability of that Indemnified Party, if any,that is fully and finally adjudicated in such
action or proceeding.
All of the obligations under this section 3.5.6 shall survive the expiration or earlier
termination of this Agreement.
3.5.7 Entire Agreement.
This Agreement contains the entire Agreement of the Parties with respect to the subject
matter hereof,and supersedes all prior negotiations,understandings or agreements. This Agreement
may only be modified in writing and signed by both Parties.
3.5.8 Governing Law,
The laws of the State of California shall govem this Agreement. Venue shall be in San
Bernardino County.
3.5.9 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
3.5.10 City's and Agencies' Right to Employ Other Consultants.
City and Agencies reserve right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns.
This Agreement shall be binding on the successors and assigns of the Parties.
3.5.12 Assignment or Transfer.
Consultant shall not assign,hypothecate,or transfer,either directly or by operation of law,
this Agreement or any interest herein without the prior written consent of the City and Agencies.
Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall
acquire no right or interest because of such attempted assignment,hypothecation or transfer.
3.5,13 Construction; References; Captions.
Since the Parties or their agents have participated fully in the preparation of this Agreement,
the language of this Agreement shall be construed simply, according to its fair meaning, and not
strictly for or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Consultant include all personnel,
employees, agents, and subcontractors of Consultant, except as otherwise specified in this
Agreement. All references to City and Agencies include its elected officials, officers, employees,
and agents except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or
describe the scope, content, or intent of this Agreement.
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3.5.14 Amendment; Modification.
No supplement, modification, or amendment of this Agreement shall be binding unless
executed in writing and signed by both Parties.
3.5.15 Waiver.
No waiver of any default shall constitute a waiver of any other default or breach, whether of the
same or other covenant or condition. No waiver,benefit,privilege,or service voluntarily given or
performed by a Parry shall give the other Party any contractual rights by custom, estoppel, or
otherwise.
3.5.16 No Third Party Beneficiaries.
There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severabili1y.
If a court of competent jurisdiction declares any portion of this Agreement invalid,illegal,
or otherwise unenforceable, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests.
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further,Consultant warrants that it has not paid nor has it agreed to pay any company
or person, other than a bona fide employee working solely for Consultant, any fee, commission,
percentage,brokerage fee,gift or other consideration contingent upon or resulting from the award
or malting of this Agreement. For breach or violation of this warranty, City and Agencies shall have
the right to rescind this Agreement without liability. For the term of this Agreement, no member,
officer or employee of City and Agencies, during the term of his or her service with City and
Agencies, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.19 Equal Opportuni!y Employment.
Consultant represents that it is an equal opportunity employer and it shall not discriminate
against any subcontractor,employee or applicant for employment because of race,religion, color,
national origin,handicap, ancestry,sex or age_ Such non-discrimination shall include, but not be
limited to, all activities related to initial employment,upgrading,demotion, transfer,recruitment or
recruitment advertising, layoff or termination. Consultant shall also comply with all relevant
provisions of any City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification.
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section
37,00 of the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of that
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Code, and agrees to comply with such provisions before commencing the performance of the
Services.
3.5.21 Authority to Enter Agreement.
Consultant has all requisite power and authority to conduct its business and to execute,
deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this
Agreement have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.5.22 Countemarts.
This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required.
Consultant shall not subcontract any portion of the work required by this Agreement,except
as expressly stated herein,without prior written approval of City and Agencies. Subcontracts,if any,
shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on separate page]
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City of Ontario Overland, Pacific & Cutler, Inc.
By:
Devereaux ark LaKte, i e P sident
City Manager
Attest. %"Jk
Ci C
Ontario Redevelopment Agency Ontario Housing Authority
By: By:
Devereaux G ereaux
fi ecntive Director Ex
ecu 've Director
Attest: Attest:
envy cretary A-9ricysw
Approved as to orni:
d
'Test Best &Krieger LLP
City Attorney and Counsel to Agencies
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EXMIT"A"
SCOPE OF SERVICES
Consultant shall provide the City and the Agencies ("Ontario')with property acquisition
and relocation consulting services as set forth in this Agreement as necessary and directed by the
City and the Agencies for various ongoing City and Agencies projects (collectively"Projects'.
Such professional property acquisition and relocation consulting services shall include but not be
limited to performance of the following tasks:
Land Acquisition:
1. Negotiate with property owners and business tenants in person(or their appointed representatives)
for the purchase of the required property rights.
2. Present written purchase offers to property owners.
3. Keep a diary of all-pertinent information and contacts concerning the property owners and
tenants.
4. Provide an acquisition status report (table format)for each parcel, at least on a bi-weekly basis
or as requested by staff. The Consultant will be required to discuss the acquisition status report
with Ontario staff as needed to keep staff well informed of the acquisition process.
5. Promptly transmit all executed acquisition documents on successful negotiated parcels.
6. Review and analyze litigation guarantees in order to identify those specific title exceptions (i,e.,
easements, oil rights, etc.)that may require removal before conveyance. Also, assist Ontario to
resolve any adverse matters that may prevent the acquisition of parcels.
7. Order, review and analyze real estate market valuations and appraisal reports, fixtures and
equipment appraisals as required by Ontario staff.
8. Prepare all acquisition agreements, deeds and other documents necessary to complete the
acquisition.
9. Process all executed acquisition and escrow documents and transmit such documents to the
appropriate parties (i.e., escrow,property owner, Ontario staff, etc.).
10. Act as liaison between Ontario, title companies and escrow agents.
11. Obtain reconveyance and subordination agreements as necessary.
12.Assist Ontario staff with the coordination of all the various aspects of the real property
acquisition process.
13. Meet and confer with Ontario staff on an as needed basis.
Relocation:
1_ Interview displaced persons to determine relocation housing needs and special needs,
2. Inform displaced persons of available relocation assistance and explain the relocation process
and benefits.
3. Search for relocation sites and provide referrals of sites to displacees.
4. Prepare and distribute informational brochures,Notices of Eligibility, 90-Day Notices to Vacate,
Rental Agreements, and other required notices and documents.
5. Determine relocation eligibility and amount for relocation benefits.
6. Prepare and transmit to Ontario all applicable invoices and relocation claim forms.
7. Inspect replacement dwellings in accordance with the Uniform Relocation Act.
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8. Provide referrals and advice, as appropriate and needed,to displacees on available social services
and social service agencies and community organizations.
9. Provide bi-weekly relocation status reports to Ontario staff.
10.Prepare Relocation Plans, Relocation Guidelines, and relocation cost estimates, project area
surveys and other specialized reports required by the Agencies.
11. Provide Ontario with the administrative and management advice assuring the proper process of
various relocation activities.
12, Provide outside representation for the Ontario in the form of participation in citizen group
meetings, court appearances, presentations, hearings, etc.
13.Advise and update Ontario staff on various aspects of state and federal relocation law.
14. Perform procedures to implement Ontario's relocation projects/plans.
15. Collect and manage rent monies from tenants residing on Ontario properties during the relocation
process.
16. Meet and confer with Agencies' staff on an as needed basis.
17.Provide property management services as requested by Ontario staff.These may include,but are
not limited to:
a) Coordinate the transfer of all utilities to the new property owners' and/or tenants' name as
directed by staff.
b) Order and verify (through an inspection)the shut off and proper removal and cap off of
all utilities and public services, including sewer,water, gas, electricity, telephone
pedestals and/or lines and trash receptacles on unoccupied properties expeditiously and as
directed by staff.
c) Coordinate with displacees to leave structure and ground in a reasonably clean and
environmentally safe condition,
d) Coordinate any necessary repairs on occupied structures with the tenants and the Ontario
maintenance contractor.
e) Order and verify (through an inspection)necessary board-ups and security of vacant
structures as requested by Ontario.
f) Coordinate all of the property management tasks with Ontario staff and the demolition
contractor as deemed necessary.
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EXHIBIT"B"
SCHEDULE OF SERVICES
The term of this Agreement shall be for a period of three (3)years, commencing July 19,
2005 and ending June 30, 2008, unless earlier terminated as provided herein Consultant shall
complete the Services within the term of this Agreement. and shall meet any other established
schedules and deadlines set by the City and Agencies staff.
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EX [BTf"C"
COMPENSATION
Consultant shall receive compensation, including authorized cost and expense
reimbursements,for all Services rendered under this Agreement at the rates set forth below.
Corporate Officer $175.00/hr
Regional Manager $130.00/hr
Sr.Project Manager $115.00/hr
Project Manager $105.00/hr
Senior Acquisition/Relocation Consultant $95.00/hr
Acquisition/Relocation Consultant/Analyst M.00/hr
Real Estate Technician/Escrow Officer/Project Support $60.00/hr
Secretarial/Clerical $40.00/hr
All miscellaneous costs, such as photocopying,postage, telephone, facsimile, and cellular
communication are included in the stated hourly rates.
Out-of-pocket expenses, including pre-approved travel and lodging, outside exhibit preparation,
requested overnight courier charges, and specialty reproduction will be charged at cost plus 10%
to cover administration, coordination and handling.
C-1
SA\Par[150\M-RFQ FORMS 200512005 RFP&t RF Wquisifim ServiccsTSA for OPC 070705.doc
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STANDARD DOT TITLE VI ASSURANCES
CITY OF ONTARIO (hereinafter referred to as the Sponsor) hereby
agrees that as a condition to receiving federal financial assistance from the
Department of Transportation (DOT) , it will comply with Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation - Effectuation of Title VI of the Civil Rights
Act of' 1964 (hereinafter referred to as the Regulations) to the end that no
person in the United States shall, on the ground of race, color, or nation
origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which
the applicant receives federal financial assistance and will immediately take
any measures necessary to effectuate this agreement. Without limiting the
above general assurance, the Sponsor agrees concerning this grant that:
1. Each "program" and ~facility" (as defined in Sections 21.23(e) and
21.23 (b)) will be conducted or operated in compliance with all requirements
of the Regulations.
2. It will insert the clauses of Attachment 1 of this assurance in every
contract subject to the Act and the Regulations.
3. Where federal financial assistance is received to construct a facility,
or part of a facility, the assurance shall extend to the entire facility and
facilities operated in connection therewith.
4. where federal financial assistance is in the form or for the
acquisition of real property or an interest in real property, the assurance
shall extend to rights to space on, over, or under such property.
5. It will include the appropriate clauses set forth in Attachment 2 of
this assurance, as a covenant running with the land, in any future deeds,
leases, permits, licenses, and similar agreements entered into by the Sponsor
with other parties:
a) for the subsequent transfer of real property acquired or improved
with federal financial assistance under this Project: and
b) for the construction or use of or access to space on, over, or
under real property acquired or improved with federal financial
assistance under this Project.
6. This assurance obligates the Sponsor for the period during which
federal financial assistance is extended to the program, except where the
federal financial assistance is to provide, or is in the form of personal
property or real property or interest therein or structures or improvements
thereon, in which case the assurance obligates the Sponsor or any transferee
for the longer of the following periods:
a) The period during which the property is used for a purpose for
which federal financial assistance is extended, or for another purpose
involving the provision of similar services or benefits: or
b) The period during which the Sponsor retains ownership or
possession of the property.
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7. It will provide for such methods of administration for the program as
are found by the Secretary of Transportation or the official to whom he
delegates specific authority to give reasonable guarantee that it, other
sponsors, subgrantees, contractors, subcontractors, transferees, successors
in interest, and other participants of federal financial assistance under
such program will comply with all requirements imposed or pursuant to the
Act, the Regulations, and this assurance_
8. It agrees that the United States has a right to seek judicial
enforcement with regard to any matter arising under the Act, the Regulations,
and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining
federai financial assistance for this Project and is binding on its
contractors, the Sponsor, subcontractors, transferees, successors in interest
and other participants in the Project. The person or persons whose
signatures appear below are authorized to sign this assurance on behalf of
the Sponsor.
DATED 7 OS
CITY OF ONTARIO
(Sponsor)
by
*Gregor
of Authorize official)
Devereaux:
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FACE-1450 Standard DOT Title Vi Assurance 8/29
CONTRACTOR CONTRACTUAL,REQUIREMENTS
ATTACMdENT 1
During the performance of this contract,the contractor,for itself,its assignees and successors in interest(hereinafter
referred to as the"contractor')agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination
in federally assisted programs of the Department of Transportation(hereinafter,"DOT° Title 49,Code of Federal
Regulations,Part 21,as they may be amended from time to time(hereinafter referred to as the Regulations),which are
herein incorporated by reference and made a part of this contract.
2. Nondiscrimination- The contractor,with regard to the work performed by it during the contract,shall not
discriminate on the grounds of race,color, or national origin in the selection and retention of subcontractors,including
procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations,including employment practices when the contract covers a
program set forth is Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations either
by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,including
procurements of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the contractor
of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of rice,
color,or national origin.
4. Information and Reports. The contractor shall provide all information and reports required by the Regulations
or directives issued pursuant thereto and shall permit access to its books,records,accounts,other sources of information,
and its facilities as may be determined by the Sponsor or the Federal Aviation Administration(FAA)to be pertinent to
ascertain compliance with such Regulations,orders,and instructions. Where any information required of a contractor is in
the exclusive possession of another who fails or refuses to furnish this information,the contractor shall so certify to the
sponsor or the FAA,as appropriate,and shall set forth what efforts it has made to obtain the information.
5. Sanctions or Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination
provisions of this contract,the sponsor shall impose such contract sanctions as it or the FAA may determine to be
appropriate,including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor complies,and/or
b. Cancellation,termination,or suspension of the contract,in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs l through 5 in every
subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations or directives
issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor
of the FAA may direct as a means of enforcing such provisions including sanctions or noncompliance. Provided,however,
that in the event a contract becomes involved in, or is threatened with,litigation with a subcontractor or supplier as a result
of such direction,the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor
and,in addition,the contractor may request the United States to enter into such litigation to protect the interests of the
United States.
AUG-03-2005 16:02 96% P.23
AUG. 3. 2005 3: 45PM • NO. 109 P. �4
ACi:1450 Standard DOT Tide Vi Assurance 8/29/96
CLAUSES FOR DEEDS,LICENSES,LEASES,PERMUS OR SIMII,AR INSTRUMENTS
ATTACMUENT 2
The following clauses shall be included in deeds,licenses,leases,permits,or similar instruments entered into by the
sponsor pursuant to the provisions of Assurances 5(a)and 5(b).
1. The(grantee,licensee,lessee,permitee,etc.,as appropriate)for himself,his heirs,personal representatives,
successors in interest,and assigns,as a part of the consideration hereof,does hereby covenant and agree(in the case of
deeds and leases add"as a covenant running with the land')that in the event facilities are constructed,maintained,or
otherwise operated on the said property described in this(deed,license,lease,permit,etc.)for a purpose for which a DOT
program or activity is extended or for another purpose involving the provision of similar services or benefits,the(grantee,
licensee, lessee,permitee,etc.)shall maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to 49 CFR Part 21,Nondiscrimination in Federally Assisted Programs of the Department of
Transportation,and as said Regulations may be amended.
2. The(grantee,licensee,lessee,permitee,etc.,as appropriate)for himself,his personal representatives,
successors in interest,and assigns,as a part of the consideration hereof,does hereby covenant and agree(in the case of
deeds and leases add"as a covenant running with the land')that: (1)no person on the grounds of race, color,or national
origin shall be excluded from participation in,denied the benefits of,or be otherwise subjected to discrimination in the use
of said facilities,(2)that in the construction of any improvements on,over,or under such land and the furnishing of
services thereon,no person on the grounds of race,color,or national origin shall be excluded from participation in,denied
the benefits of,or otherwise be subjected to discrimination, (3)that the(grantee,licensee,lessee,permittee,etc.)shall use
the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21,Nondiscrimination in
Federally Assisted Programs of the Department of Transportation,and as said Regulations may be amended.
AUG-03-2005 16:02 96% P.24
auc. 3. '005 3 : 45PM Na. 109 P. 25
is
ASSURANCES
Non-Airport Sponsors Undertaking Noise Compatibility Program Projects
A. General.
1. These assurances shall be complied with in the performance of grant
agreements for noise compatibility projects undertaken by sponsors who are not
proprietors of the airport which is the subject of the noise compatibility program.
2. These assurances are required to be submitted as part of the project application
by sponsors requesting funds under the provisions of Title 49, U.S.C.,subtitle
VII,as amended. Sponsors are units of local government in the areas around
the airport which is the subject of the noise compatibility program.
3. Upon acceptance of the grant offer by the sponsor,these assurances are
incorporated in and become part of the grant agreement.
B. Duration-The terms, conditions, and assurances, of the grant agreement shall remain in
full force and effect throughout the useful life of the facilities developed or equipment
acquired or throughout the useful life of the items installed under the project, but in any
event not to exceed twenty(20)years from the date of the acceptance of a grant offer of
Federal funds for the project. However,there shall be no time limit on the duration of the
terms,conditions, and assurances with respect to real property acquired with Federal
funds. Furthermore,the duration of the Civil Rights assurance shall be as specified in the
assurance.
C. Sponsor Certification.The sponsor hereby assures and certifies, with respect to this
grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines and requirements as they
relate to the application, acceptance,and use of Federal funds for this project
including but not limited to the following:
Federal Legislation.
a. Title 49. U.S.C., subtitle VII,as amended.
b. Davis-Bacon Act-40 U.S.C.276(a).et seq.
C. Federal Fair Labor Standards Act-29 U.S.C. 201 et seq.
d. Hatch Act-5 U.S.C. 1501. et seq.
e. Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970-42 U.S.C.4601, et seq.
f. National Historic Preservation Act of 1966-Section 106- 16
U.S.C. 470(f).
g. Archeological and Historic Preservation Act of 1974 -469
through 469c.
h. Native American Grave Repatriation Act-25 U.S.C. Section
3001, et seg.
i. Clean Air Act, P.L.90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended_
k. Flood Disaster Protection Act of 1973-Section 102(a) 42
U.S.C.4012a.
I. Title 49. U.S.C., Section 303, (formerly known as Section 4(f)).
M. Rehabilitation Act of 1973 -29 U.S.C.794.
n. Civil Rights Act of 1964-Title VI -42 U.S.C.2000d through d-4.
o. Age Discrimination Act of 1975-42 U_S.C. 6101, et seq.
Nonairport Sponsor Assurances
1
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AUG. 3. 2005 3 :40PM • -- . NO. 109 P. 26
P. American Indian Religious Freedom Act, P.L. 95-341,
q Architectural Barriers Act of 1968-U.S.C.4151, et sea.
r. Power plant and Industrial Fuel Use Act of 1978-Section 403-
42 U.S.C. 8373.
S. Contract Work Hours and Safety Standards Act-40 U.S.C.327, et seq.
t. Copeland Antikickback Act-18 U.S.C. 874.
U. National Environmental Policy Act of 1969-42 U.S.C.4321. et
seq.
V. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
W. Single Audit Act of 1984-31 U.S.C. 7501, et seq.
X. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706.
Executive Orders
Executive Order 11246-Equal Employment Opportunity
Executive Order 11990-Protection of Wetlands
Executive Order 11998-Flood Plain Management
Executive Order 12372- Intergovernmental Review of Federal
Programs.
Executive Order 12699-Seismic Safety of Federal and Federally
Assisted New Building Construction
Executive Order 12898 -Environmental Justice
Federal Regulations
a. 14 CFR Part 13-Investigative and Enforcement Procedures.
b. 14 CFR Part 16-Rules of Practice For Federally Assisted
Airport Enforcement Proceedings.
C. 14 CFR Part 150-Airport noise compatibility planning.
d. 29 CFR Part 1 -Procedures for predetermination of wage rates.
e. 29 CFR Part 3-Contractors and subcontractors on public
building or public work financed in whole or part by loans or
grants from the United States.
f. 29 CFR Part 5-Labor standards provisions applicable to
contracts covering federally financed and assisted construction.
g. 41 CFR Part 60-Office of Federal contract compliance
programs, equal employment opportunity, Department of Labor
(Federal and federally-assisted contracting requirements).
h. 49 CFR Part 18-Uniform administrative requirements for grants
and cooperative agreements to state and local governments.
i. 49 CFR Part 20-New restrictions on lobbying.
j. 49 CFR Part 21 -Nondiscrimination in federally-assisted
programs of the Department of Transportation-effectuation of
Title VI to the Civil Rights Act of 1964.
k. 49 CFR Part 24- Uniform relocation assistance and real property
acquisition regulation for Federal and federally assisted
programs.
I. 49 CFR Part 26-Participation By Disadvantaged
Business Enterprises in Department of Transportation
Programs.
M. 49 GFR Part 27-Non-Discrimination on the basis of handicap in
programs and activities receiving or benefitting from Federal
financial assistance.
Nonairport Sponsor Assurances
2
AUG-03-2005 16:03 9e% P.26
AUG. 3. 2005 3 :46PM NO. 109 P. 27
n. 49 CFR Part 29-Government wide debarment and suspension
(non-procurement)and government wide requirements for drug-
free workplace(grants).
o. 49 CFR Part 30-Denial of public work contracts to suppliers of
goods and services of countries that deny procurement market
access to U.S. contractors.
p. 49 CFR Part 41 -Seismic safety of Federal and federally
assisted or regulated new building construction.
Office of Management and Budget Circulars
a. A-87-Cost Principles Applicable to Grants and Contracts with
State and Local Governments.
b. A-133 -Audits of States, Local Governments,and Non-Profit
Organizations.
Specific assurances required to be included in grant agreements by any of the
above laws, regulations or circulars are incorporated by reference in the grant
agreement.
2. Responsibility and Authority of the Sponsor. It has legal authority to apply for
the grant, and to finance and cant'out the proposed project;that a resolution,
motion,or similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application,including all
understandings and assurances contained therein, and directing and authorizing
the person identified as the official representative of the applicant to act in
connection with the application and to provide such additional information as may
be required.
3. Sponsor Fund Availability,
a. It has sufficient funds available for that portion of the project
costs which are not to be paid by the United States.
b. It has sufficient funds available to ensure operation and
maintenance of items funded under the grant agreement which it
will own or control.
4. Good Title. For projects to be carried out on the property of the sponsor, it holds
good title satisfactory to the Secretary to that portion of the property upon which
Federal funds will be expended or will give assurance to the Secretary that good
title will be obtained.
5. Preserving Rights and Powers.
a. It will not enter into any transaction, or take or permit any action
which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms,conditions, and
assurances in the grant agreement without the written approval
of the Secretary,and will act to acquire, extinguish,or modify
any outstanding rights or claims of right of others which would
interfere with such performance by the sponsor.This shall be
done in a manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose
of any part of its title or other interests in the property,for which it
holds good title and upon which Federal funds have been
expended, for the duration of the terms,conditions, and
Nonairport Sponsor Assurances
3
I
I
AUG-03-2005 16:03 9B% P.27
auc. 3. 2005 3 :46PM No, 109 P. 28
assurances in the grant agreement,without approval by the
Secretary. If the transferee is found by the Secretary to be
eligible under Title 49, United States Code,to assume the
obligations of the grant agreement and to have the power,
authority, and financial resources to carry out all such
obligations,the sponsor shall insert in the contract or document
transferring or disposing of the sponsor's interest, and making
binding upon the transferee,all of the terms, conditions and
assurances contained in this grant agreement.
C. For all noise compatibility projects which are to be carried out by
another unit of local govemment or are on property owned by a
unit of local government other than the sponsor,it will enter into
an agreement with that governmental unit. Except as otherwise
specified by the Secretary.that agreement shall obligate that
governmental unit to the same terms,conditions,and
assurances that would be applicable to it if it applied directly to
the FAA for a grant to undertake the noise compatibility project
That agreement and changes thereto must be approved in
advance by the Secretary.
d. For noise compatibility projects to be carried out on privately
owned property, it will enter into an agreement with the owner of
that property which includes provisions specified by the
Secretary.
6. Consistency with Local Plans.The project is reasonably consistent with plans
(existing at the time of submission of this application)of public agencies that are
authorized by the State in which the project is located to plan for the
development of the area surrounding the airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near which the project may be located.
8. Accounting System,Audit,and Record keeping Requirements,
a. It shall keep all project accounts and records which fully disclose
the amount and disposition by the recipient of the proceeds of
the grant,the total cost of the project in connection with which
the grant is given or used, and the amount or nature of that
portion of the cost of the project supplied by other sources, and
such other financial records pertinent to the project. The
accounts and records should be kept in accordance with an
accounting system that will facilitate an effective audit in
accordance with the Single Audit Act of 1984_
b. It shall make available to the Secretary and the Comptroller
General of the United States, or any of their duly authorized
representatives,for the purpose of audit and examination,any
books,documents, papers, and records of the recipient that are
pertinent to the grant The Secretary may require that an
appropriate audit be conducted by a recipient. In any case in
which an independent audit is made of the accounts of a sponsor
relating to the disposition of the proceeds of a grant or relating to
the project in connection with which the grant was given or used,
it shall file a certified copy of such audit with the Comptroller
General no later than six(6) months following the close of the
fiscal year for which the audit was conducted.
Nonairport Sponsor Assurances
4
AUG-03-2005 16:04 98i P.2e
AUG. 3. 2005 3 .47PM N0. 109 P. 29
9. Minimum Wage Rates. It shall include,in all contracts in excess of$2,000 for
work on any projects funded under the grant agreement which involve labor,
provisions establishing minimum rates of wages,to be predetermined by the
Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40
U.S.C.276a-276a-5),which contractors shall pay to skilled and unskilled labor,
and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
10. Veteran's Preference. It shall include, in all contracts for work on any project
funded under the grant agreement which involve labor,such provisions as are
necessary to insure that, in the employment of labor(except in administrative,
executive,and supervisory positions), preference shall be given to veterans of
the Vietnam era and disabled veterans as defined in Section 47117 of Title 49,
United States Code. However, this preference shall apply only where the
individuals are available and qualified to perform the work to which the
employment relates.
11. Conformity to Plans and Specifications. It will execute the project subject to
plans, specifications,and schedules approved by the Secretary. Such plans,
specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this
grant agreement,and, upon approval by the Secretary,shall be incorporated into
this grant agreement. Any modifications to the approved plans,specifications,
and schedules shall also be subject to approval by the Secretary and
incorporation into the grant agreement.
12. Construction Inspection and Approval. It will provide and maintain competent
technical supervision at the construction site throughout the project to assure that
the work conforms with the plans, specifications,and schedules approved by the
Secretary for the project. It shall subject the construction work on any project
contained in an approved project application to inspection and approval by the
Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall require such
cost and progress reporting by the sponsor or sponsors of such project as the
Secretary shall deem necessary.
13. Operation and Maintenance. It will suitably operate and maintain noise program
implementation items that it owns or controls upon which Federal funds have
been expended_
14. Hazard Prevention. It will protect such terminal airspace as is required to protect
instrument and visual operations to the airport(including established minimum
flight altitudes) by preventing the establishment or creation of future airport
hazards on property owned or controlled by it or over which it has land use
jurisdiction.
15. Compatible Land Use. It will take appropriate action, including the adoption of
zoning laws,to the extent reasonable,to restrict the use of land adjacent to or in
the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations, including landing and takeoff of aircraft. In addition, it
will not cause or permit any change in land use,within its jurisdiction that will
reduce the compatibility,with respect to the airport, of the noise compatibility
measures upon which Federal funds have been expended.
Nonairport Sponsor Assurances
5
AUG-03-2005 16:04 98% P.29
AUG. 3. 2005 3 : 4iPN, • 0 N0. 109 P. 30
16. Reports and Inspections. It will submit to the Secretary such annual or special
financial and operations reports as the Secretary may reasonably request It will
also make records and documents relating to the project,and continued
compliance with the terms, conditions, and assurances of the grant agreement
including deeds, leases, agreements, regulations, and other instruments,
available for inspection by any duly authorized agent of the Secretary upon
reasonable request.
17. Civil Rights. It will comply with such rules as are promulgated,to ensure that no
person shall, on the grounds of race, creed, color, national origin,sex, age, or
handicap, be excluded from participating in any activity conducted with or
benefiting from funds received from this grant.This assurance obligates the
sponsor for the period during which Federal financial assistance is extended to
the program, except where Federal financial assistance is to provide, or is in the
form of personal property or real property interest therein, or structures or
improvements thereon, in which case the assurance obligates the sponsor or any
transferee for the longer of the following periods: (a)the period during which the
property is used for a purpose for which Federal financial assistance is extended,
or for another purpose involving the provision of similar services or benefits or(b)
the period during which the sponsor retains ownership or possession of the
property.
18. Engineering and Design Services. It will award each contract or subcontract for
program management,construction management, planning studies,feasibility
studies, architectural services, preliminary engineering,design, surveying,
mapping,or related services with respect to the project in the same manner as a
contract for architectural and engineering services as negotiated under Title IX of
the Federal Property and Administrative Services Act of 1949 or an equivalent
qualifications-based requirement prescribed for or by the sponsor.
19. Foreign Market Restrictions. It will not allow funds provided under this grant to
be used to fund any project which uses any product or service of a foreign
country during the period in which such foreign country is listed by the United
States Trade Representative as denying fair and equitable market opportunities
for products and suppliers of the United States in procurement and construction.
20. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility
purposes, it will dispose of the land,when the land is no longer
needed for such purposes,at fair market value, at the earliest
practicable time. That portion of the proceeds of such
disposition which is proportionate to the United States'share of
acquisition of such land will, at the discretion of the Secretary, 1)
be paid to the Secretary for deposit in the Trust Fund, or 2)be
reinvested in an approved noise compatibility project as
prescribed by the Secretary.
b. Disposition of such land under(a)will be subject to the retention
or reservation of any interest or right therein necessary to ensure
that such land will only be used for purposes which are
compatible with noise levels associated with operation of the
airport.
21. Relocation and Real Property Acquisition.(1) It will be guided in acquiring real
property,to the greatest extent practicable under State law, by the land
iNonairport Sponsor Assurances
6
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AU6. 3. 2005 3 4 7 P M NO. 109 P. 31
acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B. (2) It will
provide a relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to
displaced persons as required in Subparts D and E of 49 CFR Part 24. (3)It will
make available within a reasonable period of time prior to displacement
comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
22. Disadvantaged Business Enterprises. The recipient shall not discriminate on
the basis of race,color, national origin or sex in the award and performance of
any DOT-assisted contract or in the administration of its DBE program or the
requirements of 49 CFR Part 26.The recipient shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award
and administration of DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26,and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
and failure to cant'out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program,
the Department may impose sanctions as provided for under Part 26,and may, in
appropriate cases refer the matter for enforcement under 18 U.S.C. 1001 and/or
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C.3801).
Nonairport Sponsor Assurances
7
AUG-03-2005 16:34 9e% P.31
AUG. 3. 2005 3 :48PM, NO. 109 P. 32
BUSINESS LICENSE CERTIFICATE CITY OF ONTARIO
NOT TRANSFERABLE 303 EAST B STREET ONTARIO.CA 9 064
(909)395-2022
The parry shown is granted this ecrrific-ne pursuant to License find Permit Provisions of the Municipal Code. This is not an endorsement of the acrivity,nor certification of compliance
with otbcr laws. This license is issued without verification that the licensee is subject to or exempt from licensing by the State of California.
BUSINESS NAME: OVERLAND PACIFIC& CUTL A NUMBER: BL00041470
MAILING ADDRESS: 1 XPIRATION DATE: 12/31/2005
14 ?d OWNER: DAVID A. STADLER/CHAIRMAN
OVERLAND PACIFIC&CUTLER iNC
100 W BROADWAY #500 e CATION: 100 W BROADWAY #500
LONG BEACH, CA 90802 <..
to
CITY OF ONTARIO Business License Certificate
License Division
O-N T�O (90 East B Street Ontario,California 91764�196
(909)395-2022
DAVID A. STADLER/CHAIRMAN
7/21.r2005
Thank you for your Business Tax Payment. THIS IS NOT A RENEWAL NOTICE. Above is your registration
certificate. The certificate is issued for tax purposes. Its issuance does not guarantee compliance with state or federal
licensing requirements.
The certificate is non-transferable. Contact the Business Registration Division at(909)395-2022 if the business closes
prior to the expiration date of the certificate. Please notify this office within ten(10)days of any change of business
name,ownership, address location or activity.
Detach certificate at perforation and post in a conspicuous location.
Thank you for doing business in the City of Ontario
AUG-03-2005 1G:05 9e% P•32