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FSR REFERENCEJNLY : 2
114
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To be recorded with County Recorder
within IS days after completion,
P� recording tee,
RECORDING REQUESTED,BY
City of Rancho Palos Verdes
Attn City Clerk
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
AND WHEN RECORDED MAIL TO.
Same as above
i THIS SPACE r•OR RECORDERS USE ONLY
NOTICE of COMPLETiON
(C'.4 civil Curie 9204-l'ithlu Works)
Notice is hereby given by the undersigned owner,a public entity of the State of California, that a
public work of improvement ha%been completed,as follows:
Project title or description of work: Western Avenue Corri dor ALPR Project Phase I _
Date of completion: September 1, 2020
Nature of owner: City of Rancho Palos Verdes (RPV) - Public Works Dept
Interest or estate of owner: Owned by the City of RPV i n fee simple absolute
Address of owner: 30940 Hawthorne Blvd Rancho Palos Verdes
Name cif contractor: Southern California El ectri cal Fi rrn
Address of contractor: 2443 W. 208th Street, Torrance, CA 90501
Street address orle�:�1 description of site: 5 Sites along the Western Avenue Corridor
(Dated: 471te gttOwner: C_ Ity pf Rancho Palos Verdes
(N ar 'ri t`tyk
Ta):
Title: Ara Mihranian,- ity Manager
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
1 am the City t~Ierk of the Cit' ()f Rancho Palos Verdes, the public; entity which executed the lot-Lcoing
notice and on whose behalf I make this vc't iflcation: I have read said notice. know its contents, and the
same is true. I certify under penalty of per jury that the foregoing is true and cot reel.
Executed at Rancho Palos Verdes ,California on tit/AO (Date)
By: _
Title: hrru y Colborn, Ci. Clerk"
Revised 05/2019
A This page is part of your document-DO NOT DISCARD
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Rxorded/FedinficialRecords�I '�ffRecordersice, Los Angeles County,
lfrov.M�} 09/18/20 AT 02:37PM
FEES: 0.00
TAXES: 0.00
OTHER: 0.00
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IIII III IIII OUII 111111 II IIllO IIIUII
A E,,,,,,, THIS FORM IS NOT TO BE DUPLICATED 4456933 A
AMENDMENT NO 1
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES
( Amendment No 1") by and between the CITY OF RANCHO PALOS VERDES (`City")and
SOUTHERN CALIFORNIA ELECTRICAL FIRM, a California(`Consultant") is effective as
of April (y , 2020
RECITALS
A City and Consultant entered into that certain Agreement for Contractual Services
dated June 18, 2019 ("Agreement") whereby Consultant agreed to provide street light
standard, electrical pedestal, and related equipment installation services (the `Services' )
for one year, for a Contract Sum of$123 675
B City and Consultant now desire to amend the Agreement to increase the contract
sum to account for the additional work needed
TERMS
Contract Changes The Agreement is amended as provided herein Deleted text is
indicated in stri•ketlifeugh and added text in bold italics
a Section 2 1, Contract Sum, is hereby amended to read as follows
"2 1 Contract Sum
Subject to any limitations set forth in this Agreement,City agrees to pay Contractor
the amounts specified in the ' Schedule of Compensation" attached hereto as Exhibit "C"
and incorporated herein by this reference The total compensation, including
reimbursement for actual expenses, shall not exceed $123,675 (On., Hundred Twenty
• • . . . • . _ - . . _ • • • - • ! . One Hundred Forty-Eight
Thousand and One Hundred Seventy-Five Dollars ($148,175) (the "Contract Sum"),
unless additional compensation is approved pursuant to Section 1 10
b Exhibit `C", Schedule of Compensation, is hereby replaced in its entirety
with Exhibit`C ' First Amended, Schedule of Compensation, attached hereto
c Exhibit"D", Schedule of Performance, Section I is hereby amended to read
as follows
1 Contractor shall perform all work timely in accordance with the following schedule
Days to Perform Deadline Date
A Installation of 5 60-Days September 9
Street Lights
and Poles 90 Days May 2020
2 Continuing Effect of Agreement Except as amended by this Amendment, all
provisions of the Agreement shall remain unchanged and in full force and effect From and after
the date of this Amendment, whenever the term "Agreement' appears in the Agreement, it shall
mean the Agreement, as amended by this Amendment to the Agreement
3 Affirmation of Agreement, Warranty Re Absence of Defaults City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein Each party
represents and warrants to the other that the Agreement is currently an effective, valid and binding
obligation
Consultant represents and warrants to City that, as of the date of this Amendment, City is
not in default of any material term of the Agreement and that there have been no events that, with
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement
City represents and warrants to Consultant that as of the date of this Amendment,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement
4 Adequate Consideration The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment
5 Authority The persons executing this Amendment on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such
party is formally bound to the provisions of this Amendment, and (iv) the entering into this
Amendment does not violate any provision of any other agreement to which said party is bound
[SIGNATURES ON FOLLOWING PAGE]
01203 0006/639713 1 -2-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written
CITY
CITY OF RANCHO PALOS VERDES, a
municipal corporation
4 kijiliN -
Jo ruikshank, Mayor
ATTEST
Emily o born, City Clerk
APPROVED AS TO FORM
ALESHIRE & WYNDER LLP
b)dievi"-% 41,41e--Th
William W Wynder, City Attorney
CONSULTANT
CONTRACTOR
SOUTHERN CALIFORNIA ELECTRICAL
FIRM, a California corporation
By
Name Jason Farr
Title President
By .1. 1110
Na m7r—t Morgan
Title Vice President
Address 4002 Admirable Drive
Rancho Palos Verdes, CA 90275
Two corporate officer signatures required when Consultant is a corporation,with one signature required from
each of the following groups 1)Chairman of the Board,President or any Vice President,and 2)Secretary,any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY
01203 0006/639713 1 -3-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Oisilic
Ont/tli (y ,2020 before me,^ 9t`/\1 ( ,personally appeared 4A,5 rl ,proved to me on the
basis of satisfactory evidence to b the person(14 whose names f�/a subscribed to the within instrument and
acknowledged to me that/she/t ey executed the same inu/Rfr/t(ir authorized capacity( s), and that by
i Icer/heir signature) o thel in trument the person(/), or the ent}}ty utpon behalf of which the personks'j acted,
2aCec'uted he instrume t
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct Y" �....L..,...-_,....,_
K LARSEN
WITNESS my hand and o seal
V COMM #2312415
' ��� NOTARY PUBLIC CALIFORNIAa Ora_
1 W ► LOS ANGELES COUNTY C)
Signature ''mi. COMM EXPIRES DEC 11,20231
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑FINDIVIDUAL p ,
CORPORATE OFF ER Ilk... ^ '" 11111 •
r%.1 TITLE OR TYPE OF DO UMENT
(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR `k ilA- 101-°
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING Ir\V TO4' 1 I'AJWY
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER( r)OTHER THAN AMED ABOVE
01203 0006/639713 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness accuracy or validity of that document
STATE OF CALIFORNIA
COUNTYn� i F LOS ANGELES Illirau No J� Pitt f,c
On1^'pf i I ll ,2020 before me, i�' personally appeared ,proved to me on the
basis of satisfactory evidence to be the person( ) whose names )Qs/ire subscribed t the within instrument and
acknowledged to me that�slie/t11ey execute the same In /her telr authorized capacity( s), and that by
�16 /hdr/th r signature( ) o e Ins}rument the person(�j, or t entity 'upon behalf of which theperson( ) acted,
ecu ed the Instrume / 11
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct
K LARSEN 7
WITNESS my hand and office eal Uc �
- COMM #2312415
9ti NOTARY PUBLIC CALIFORNIA W
LOS ANGELES COUNTY n
Signature 2 ! ''
g COMM EXPIRES DEC 11 2023
/v vv--vvv v v v v v a
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL (�,,,
CORPORATE OFFICER crc4d¼I-
1
VJICIL TITLE OR TYPE OF DOCUM T
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
0 TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR `' 1%L( I to 2_,0
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING J C(6 dv1 -14'W
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01203 0006/639713 1
EXHIBIT "C"
FIRST AMENDED
SCHEDULE OF COMPENSATION
I Contractor shall perform all work at the rates on the Bid Sheet submitted as part of
Contractor's Proposal, and listed below
Item No Description Est Unit Unit Subbudget
Qty Meas Price
1 Mobilization 1 LS $2,600 $2,600 00
2 Traffic Control 1 LS $1,6000 $1,600 00
3 Ameron poles 5 EA $9 200 $46,000 00
4 Light fixture 5 EA $500 $2,500 00
5 Concrete foundation for light pole 5 EA $3 200 $16,000 00
6 Concrete foundation for electric pedestal 5 EA $2,000 $10,000 00
7 Electric Service Pedestal 5 EA $3,000 $15,000
8 20A, Single pole breakers 10 EA $20 $200 00
9 PVC Conduit—3"SCE Service 125 LF $100 $12,500 00
10 PVC Conduit— 1"Service 150 LF $50 $7,500 00
11 2#8 and 1#10 275 LF $10 $2,750 00
12 SS Banding 10 EA $60 $600 00
13 SS Band clip 10 EA $25 $250 00
14 'h"Flexible conduit 30 LF $20 $600 00
15 'A" Flexible conduit connection 5 EA $5 $25 00
16 '/<"Flexible Conduit 30 LF $20 $600 00
17 '/<' Flexible Conduit connection 5 EA $20 $100 00
18 UV Tye Wraps 1 LS $100 $100 00
19 #12 Wire White 1 LS $500 $50000
20 #12 Wire 1 LS $500 $500 00
21 #12 Wire Green 1 LS $500 $500 00
22 Fuse holder and Fuse 5 EA $150 $750 00
Install ALPR Cameras (furnished by the 1 LS $2,500 $2,500
23 City)and required mounting hardware
01203 0006/639713 1
Install approximately 143'of 3"conduit
from SCE pole 4702056E to new hand
hole and to pedestal Additional 1 LS 24,500 24,500
resurfacing of alley and across Trudie
Dr Reconfigure trench line and path
24 in parkway
Total $12
24 $148,175
II A retention of five percent(5%) shall be held from each payment as a contract retention to
be paid as part of the final payment upon satisfactory completion of services
III Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the
Contract Officer, funds may be shifted from one item s subbudget to another so long as the
Contract Sum is not exceeded per Section 2 1, unless Additional Work is approved per
Section 1 10
IV The City will compensate Contractor for the Services performed upon submission of a
valid invoice Each invoice is to include
A Percentage of work completed
B Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate
C Line items for all materials and equipment properly charged to the Services
D Line items for all other approved reimbursable expenses claimed with supporting
documentation
E Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services
V The total compensation for the Services shall not exceed $123,675 $148,175 as provided
in Section 2 1 of this Agreement
01203 0006/639713 1
PUBLIC WORKS AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
SOUTHERN CALIFORNIA ELECTRICAL FIRM
01203.0006/558720.1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
SOUTHERN CALIFORNIA ELECTRICAL FIRM
THIS AGREEMENT FOR PUBLIC WORKS SERVICES(herein"Agreement")is made and
entered into this 1$tday of June, 2019 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and Southern California Electrical Firm, a California
corporation("Contractor"). City and Contractor may be referred to, individually or collectively,as
"Party" or"Parties."
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement,was selected by the City
to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to
enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms of
that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made
by the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged,the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement,the Contractor shall
provide those services specified in the "Scope of Work" attached hereto as Exhibit "A" and
incorporated herein by this reference,which may be referred to herein as the"services"or"work"
hereunder.As a material inducement to the City entering into this Agreement,Contractor represents
and warrants that it has the qualifications, experience, and facilities necessary to properly perform
the work required under this Agreement in a thorough,competent, and professional manner, and is
experienced in performing the work and services contemplated herein.Contractor shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Contractor covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended.For purposes of this Agreement,the phrase"highest
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01203.0006/558720.1
professional standards"shall mean those standards of practice recognized by one or more first-class
firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the"General Provisions"and"Special Provisions"
in the bid documents for the project entitled Western Avenue Corridor ALPR Project Phase 1
including any documents or exhibits referenced therein(collectively,"bid documents"),all of which
are incorporated herein by this reference.In the event of any inconsistency between the terms of the
bid documents and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services
hereunder in accordance with,all ordinances,resolutions, statutes,rules,and regulations of the City
and any Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Compliance with California Labor Law.
(a) Public Work.The Parties acknowledge that the work to be performed
under this Agreement is a "public work" as defined in Labor Code Section 1720 and that this
Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing
with Section 1720)of the California Labor Code relating to public works contracts and the rules and
regulations established by the Department of Industrial Relations ("DIR") implementing such
statutes. The work performed under this Agreement is subject to compliance monitoring and
enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages.Contractor shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any interested
party on request.By initiating any work under this Agreement,Contractor acknowledges receipt of a
copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per
diem wages, and Contractor shall post a copy of the same at each job site where work is performed
under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages.Contractor shall comply
with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
Contractor shall,as a penalty to the City,forfeit two hundred dollars($200)for each calendar day,or
portion thereof,for each worker paid less than the prevailing rates as determined by the DIR for the
work or craft in which the worker is employed for any public work done pursuant to this Agreement
by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776,which requires Contractor and each subcontractor to:keep
accurate payroll records and verify such records in writing under penalty of perjury,as specified in
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01203.0006/558720.1
Section 1776;certify and make such payroll records available for inspection as provided by Section
1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the
provisions of Labor Code Sections 1777.5, 1777.6,and 1777.7 and California Code of Regulations
Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty(60)days after concluding work pursuant to this Agreement,Contractor and each of its
subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours
performed under this Agreement.
(f) Eight-Hour Work Day.Contractor acknowledges that eight(8)hours
labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be
bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work
excess hours.The Contractor shall,as a penalty to the City,forfeit twenty-five dollars($25)for each
worker employed in the performance of this Agreement by the Contractor or by any subcontractor
for each calendar day during which such worker is required or permitted to work more than eight(8)
hours in any one calendar day and forty (40) hours in any one calendar week in violation of the
provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code
section 1815,work performed by employees of Contractor in excess of eight(8)hours per day,and
forty(40)hours during any one week shall be permitted upon public work upon compensation for all
hours worked in excess of 8 hours per day at not less than one and one-half(1'/2)times the basic rate
of pay.
(h) Workers' Compensation. California Labor Code Sections 1860 and
3700 provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that code,and I will comply with
such provisions before commencing the performance of the work of this contract."
Contractor's Authorized Initials 2 v
(i) Contractor's Responsibility for Subcontractors. For every
subcontractor who will perform work under this Agreement,Contractor shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)of
the California Labor Code,and shall make such compliance a requirement in any contract with any
subcontractor for work under this Agreement. Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor's compliance, including
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01203.0006/558720.1
without limitation, conducting a review of the certified payroll records of the subcontractor on a
periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers
the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or
rectify any such failure by any subcontractor.
1.5 Licenses,Permits,Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits,
registrations,and approvals as may be required by law for the performance of the services required
by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are
necessary for the Contractor's performance of the services required by this Agreement, and shall
indemnify,defend and hold harmless City,its officers,employees or agents of City,against any such
fees, assessments,taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement,Contractor warrants that Contractor(i)
has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully
considered how the services should be performed, and (iii) fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement. If the
services involve work upon any site,Contractor warrants that Contractor has or will investigate the
site and is or will be fully acquainted with the conditions there existing,prior to commencement of
services hereunder.
(b) Contractor shall promptly, and before the following conditions are
disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous
waste as defined in Section 25117 of the Health&Safety Code required to be removed to a Class I,
II,or III disposal site in accordance with existing law;(ii)subsurface,unknown or latent conditions,
materially different from those indicated; or (iii) unknown physical conditions at the site of any
unusual nature,different from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in this Agreement,and will materially affect the performance of
the services hereunder.
(c) City shall promptly investigate the conditions,and if it finds that the
conditions do materially differ,or do involve hazardous waste, and cause a decrease or increase in
Contractor's cost of, or the time required for, performance of any part of the work, shall issue a
change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether
the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in
Contractor's cost of,or time required for,performance of any part of the work,Contractor shall not
be excused from any scheduled completion date set,but shall proceed with all work to be performed
under the Agreement.Contractor shall retain any and all rights provided either by contract or by law,
which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government
Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
-4-
01203.0006/558720.1
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods,including providing and maintaining
storage facilities,during the life of the Agreement to furnish continuous protection to the work,and
the equipment, materials, papers, documents, plans, studies and/or other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to persons or property,
until acceptance of the work by City, except such losses or damages as caused by City's own
negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not,
without City's consent,assign,sell,mortgage,hypothecate,or remove equipment or materials which
have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement(which for purposes of this Section
shall be deemed to include unauthorized work which has not been removed and any non-conforming
materials incorporated into the work) to be of good quality and free from any defective or faulty
material and workmanship. Contractor agrees that for a period of one year (or the period of time
specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer
or supplier of equipment or materials incorporated into the work,whichever is later)after the date of
final acceptance,Contractor shall within ten(10)days after being notified in writing by the City of
any defect in the work or non-conformance of the work to the Agreement,commence and prosecute
with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense.
Contractor shall act as soon as requested by the City in response to an emergency. In addition,
Contractor shall,at its sole cost and expense,repair,remove and replace any portions of the work(or
work of other contractors)damaged by its defective work or which becomes damaged in the course
of repairing or replacing defective work. For any work so corrected, Contractor's obligation
hereunder to correct defective work shall be reinstated for an additional one year period,
commencing with the date of acceptance of such corrected work.Contractor shall perform such tests
as the City may require to verify that any corrective actions, including,without limitation,redesign,
repairs,and replacements comply with the requirements of the Agreement.All costs associated with
such corrective actions and testing, including the removal, replacement, and reinstitution of
equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.
All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to
perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense.Contractor shall be obligated to fully
reimburse the City for any expenses incurred hereunder upon demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
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01203.0006/558720.1
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement.Unless hereafter specified,neither party shall be responsible for the service of the
other.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the
services,without invalidating this Agreement,to order extra work beyond that specified in the Scope
of Work or make changes by altering, adding to or deducting from said work.No such extra work
may be undertaken unless a written change order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement,which said adjustments are subject to the written approval of the Contractor
("Change Order").All Change Orders must be signed by the Contractor and Contract Officer prior to
commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one
hundred eighty(180)days;and does not materially affect the Work and which are not detrimental to
the Work or to the interest of the City, may be approved by the Contract Officer. Any greater
increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit"C".If the rates in the
Schedule of Compensation do not cover the type of work in the Change Order,the cost of such work
shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer.If
the cost of the Change Order cannot be agreed upon,the City will pay for actual work of the Change
Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is done.
The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment:the cost of materials and equipment
shall be at cost to Contractor or lowest current price which such materials and equipment are
reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the
Contractor must provide a daily report that includes invoices for labor, materials and equipment
costs for the work under the Change Order.The daily report must include: list of names of workers,
classifications, and hours worked; description and list of quantities of materials used; type of
equipment,size,identification number,and hours of operation,including loading and transportation,
if applicable;description of other City authorized services and expenditures in such detail as the City
may require.Failure to submit a daily report by the close of the next working day may,at the City's
sole and absolute discretion, waive the Contractor's rights for that day.
(d) It is expressly understood by Contractor that the provisions of this
Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of
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Work may be more costly or time consuming than Contractor anticipates and that Contractor shall
not be entitled to additional compensation therefor.City may in its sole and absolute discretion have
similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance
shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part
hereof are set forth in the"Special Requirements"attached hereto as Exhibit"B"and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any
other provisions of this Agreement, the provisions of Exhibit"B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement,City agrees to pay Contractor
the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed $123,675 (One Hundred Twenty Three Thousand Six Hundred
Seventy Five Dollars)(the"Contract Sum"),unless additional compensation is approved pursuant
to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include:(i)a lump sum payment upon completion;
(ii)payment in accordance with specified tasks or the percentage of completion of the services less
the contract retention; (iii) payment for time and materials based upon the Contractor's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not
exceeded; or(iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance,or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,and
only if specified in the Schedule of Compensation.The Contract Sum shall include the attendance of
Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the
performance of the work with City is a critical component of the services.If Contractor is required to
attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any
additional compensation for attending said meetings.
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2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month in a form approved by City's Director
of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying
compliance with all provisions of the Agreement.The invoice shall contain all information specified
in Exhibit "C", and shall detail charges for all necessary and actual expenses by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor
contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not
invoice City for any duplicate services performed by more than one person.
City shall,as soon as practicable,independently review each invoice submitted by the
Contractor to determine whether the work performed and expenses incurred are in compliance with
the provisions of this Agreement.Except as to any charges for work performed or expenses incurred
by Contractor which are disputed by City,or as provided in Section 7.3,City will cause Contractor
to be paid within thirty(30)days of receipt of Contractor's correct and undisputed invoice;however,
Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot
guarantee that payment will occur within this time period. In the event that City does not cause
Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted
invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public
Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the
original invoice shall be returned by City to Contractor,not later than seven(7)days after receipt by
the City, for correction and resubmission. Returned invoices shall be accompanied by a document
setting forth in writing the reasons why the payment request was rejected. Review and payment by
the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or
remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s)established in the
"Schedule of Performance"attached hereto as Exhibit"D"and incorporated herein by this reference.
When requested by the Contractor, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer but not exceeding one hundred
eighty(180) days cumulatively.
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3.3 Force Majeure.
The time period(s)specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including,but not restricted to,acts of God or of the public enemy,unusually severe weather,fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation,and/or acts of any governmental agency, including the City,if the Contractor shall within
ten(10)days of the commencement of such delay notify the Contract Officer in writing ofthe causes
of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the
time for performing the services for the period of the enforced delay when and if in the judgment of
the Contract Officer such delay is justified.The Contract Officer's determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover
damages against the City for any delay in the performance of this Agreement, however caused,
Contractor's sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor's work under this Agreement,
either during performance or when completed.City shall reject or finally accept Contractor's work
within forty-five (45) days after submitted to City. City shall accept work by a timely written
acceptance, otherwise work shall be deemed to have been rejected. City's acceptance shall be
conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to
amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the
provisions of this Agreement including, but not limited to,Articles 1 and 5,pertaining to warranty
and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding
one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance
`Exhibit"D").
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor("Principals")are hereby designated as being
the principals and representatives of Contractor authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Jason Farr President
(Name) (Title)
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Robert Morgan Vice President
(Name) (Title)
It is expressly understood that the experience,knowledge,capability and reputation of
the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City.Additionally,Contractor shall make every reasonable effort to maintain the
stability and continuity of Contractor's staff and subcontractors, if any, assigned to perform the
services required under this Agreement.Contractor shall notify City of any changes in Contractor's
staff and subcontractors, if any, assigned to perform the services required under this Agreement,
prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Contractor shall not at any time or in any manner represent
that Contractor or any of Contractor's officers, employees, or agents are in any manner officials,
officers, employees or agents of City. Neither Contractor, nor any of Contractor's officers,
employees or agents, shall obtain any rights to retirement, health care or any other benefits which
may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Elias Sassoon, Director of Public Works, and Ron
Dragoo, City Engineer, or such person as may be designated by the City Manager. It shall be the
Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the
performance of the services and the Contractor shall refer any decisions which must be made by City
to the Contract Officer.Unless otherwise specified herein,any approval of City required hereunder
shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if
specified in writing by the City Manager, to sign all documents on behalf of the City required
hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner,
mode or means by which Contractor, its agents or employees,perform the services required herein,
except as otherwise set forth herein.City shall have no voice in the selection,discharge,supervision
or control of Contractor's employees,servants,representatives or agents,or in fixing their number,
compensation or hours of service. Contractor shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
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contractor with only such obligations as are consistent with that role.Contractor shall not at any time
or in any manner represent that it or any of its agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its
business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience,knowledge,capability and reputation of Contractor,its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City.All subcontractors shall obtain,
at its or Contractor's expense,such licenses,permits,registrations and approvals(including from the
City)as may be required by law for the performance of any services or work under this Agreement.
In addition,neither this Agreement nor any interest herein may be transferred,assigned,conveyed,
hypothecated or encumbered voluntarily or by operation of law,whether for the benefit of creditors
or otherwise,without the prior written approval of City.Transfers restricted hereunder shall include
the transfer to any person or group of persons acting in concert of more than twenty five percent
(25%)of the present ownership and/or control of Contractor, taking all transfers into account on a
cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding,this Agreement shall be void.No approved transfer shall release the Contractor or any
surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE,INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor's indemnification of City,and prior to commencement of
any services under this Agreement,Contractor shall obtain,provide and maintain at its own expense
during the term of this Agreement, policies of insurance of the type and amounts described below
and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,in an
amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury,
personal injury,and property damage.The policy must include contractual liability that has not been
amended. Any endorsement restricting standard ISO "insured contract" language will not be
accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with Services to
be performed under this Agreement,including coverage for any owned,hired,non-owned or rented
vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the Services to be performed in connection with
this Agreement,in the minimum amount of$1,000,000 per claim and in the aggregate.Any policy
inception date, continuity date, or retroactive date must be before the effective date of this
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Agreement and Contractor agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers' compensation insurance. Contractor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors.Contractor shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance.Policies of such other insurance,as may be required in
the Special Requirements in Exhibit"B".
5.2 General Insurance Requirements.
(a) Proof of insurance.Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein,along with a waiver of subrogation endorsement
for workers' compensation. Insurance certificates and endorsements must be approved by City's
Risk Manager prior to commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage.Contractor shall procure and maintain for the duration
of this Agreement insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Services hereunder by Contractor, its
agents, representatives, employees or subcontractors.
(c) Primary/noncontributing.Coverage provided by Contractor shall be primary
and any insurance or self-insurance procured or maintained by City shall not be required to
contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City's own insurance or self-insurance shall be
called upon to protect it as a named insured.
(d) City's rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,City
has the right but not the duty to obtain the insurance it deems necessary and any premium paid by
City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay
premium from Contractor payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the
City's Risk Manager.
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(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers,agents,officials,employees and volunteers or shall specifically allow Contractor
or others providing insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions(non-estoppel).Contractor acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-
compliance with any requirement imposes no additional obligations on the City nor does it waive
any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements,or a waiver of any coverage normally provided by any insurance.Specific reference to
a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive,or to the exclusion of other coverage,or a waiver
of any type. If the Contractor maintains higher limits than the minimums shown above, the City
requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of insurance and coverage
shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten(10)day notice is required)or nonrenewal of coverage for each required
coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers,officials,employees,and agents,and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(1) Separation of insureds.A severability of interests provision must apply for all
additional insureds ensuring that Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought,except with respect to the insurer's limits of liability.
The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Contractor agrees to ensure that its subconsultants,
subcontractors,and any other party involved with the project who is brought onto or involved in the
project by Contractor,provide the same minimum insurance coverage and endorsements required of
Contractor.Contractor agrees to monitor and review all such coverage and assumes all responsibility
for ensuring that such coverage is provided in conformity with the requirements of this section.
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Contractor agrees that upon request, all agreements with consultants, subcontractors, and others
engaged in the project will be submitted to City for review.
(n) Agency's right to revise specifications.The City reserves the right at any time
during the term of the contract to change the amounts and types of insurance required by giving the
Contractor ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contractor,the City and Contractor may renegotiate Contractor's
compensation.
(o) Self-insured retentions.Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims.Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's performance under this
Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain,at its own
cost and expense,any additional kinds of insurance,which in its own judgment may be necessary for
its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law,Contractor agrees to indemnify,defend and hold
harmless the City, its officers,employees and agents("Indemnified Parties")against,and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims,damages to persons or property,losses,costs,penalties,obligations,
errors,omissions or liabilities whether actual or threatened(herein"claims or liabilities")that may
be asserted or claimed by any person,firm or entity arising out of or in connection with the negligent
performance of the work, operations or activities provided herein of Contractor, its officers,
employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is
legally liable ("indemnitors"), or arising from Contractor's or indemnitors' reckless or willful
misconduct, or arising from Contractor's or indemnitors' negligent performance of or failure to
perform any term,provision,covenant or condition of this Agreement,and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City,
its officers,agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work,operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City,its officers,agents or employees is made a party
to any action or proceeding filed or prosecuted against Contractor for such damages or other claims
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arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding,including but not limited to,legal costs and attorneys'fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the
Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights,
copyrights or trademark on any person or persons in consequence of the use by the Indemnified
Parties of articles to be supplied by Contractor under this Agreement,and of which the Contractor is
not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and
if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission,or reckless or willful misconduct of Contractor in the performance of professional services
and work hereunder.The provisions of this Section do not apply to claims or liabilities occurring as
a result of City's sole negligence or willful acts or omissions,but,to the fullest extent permitted by
law,shall apply to claims and liabilities resulting in part from City's negligence,except that design
professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the
negligence,recklessness or willful misconduct of the design professional.The indemnity obligation
shall be binding on successors and assigns of Contractor and shall survive termination of this
Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to
the work under this Agreement.City shall be entitled to recover from Contractor its reasonable costs
incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City,
the following:
(a) A performance bond in the amount of the Contract Sum of this
Agreement, in the form provided by the City Clerk,which secures the faithful performance of this
Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this
Agreement, in the form provided by the City Clerk, which secures the payment of all persons
furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain
the original notarized signature of an authorized officer of the surety and affixed thereto shall be a
certified and current copy of his power of attorney. The bond shall be unconditional and remain in
force during the entire term of the Agreement and shall be null and void only if the Contractor
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promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and
materials for work and services under this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated "A"or better in the most recent edition of
Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better,unless such requirements are waived by the Risk Manager of
the City("Risk Manager")due to unique circumstances. If this Agreement continues for more than 3
years duration, or in the event the Risk Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk
Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent
securities for any funds withheld to ensure performance under this Agreement may be permitted at
the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an
escrow agreement in a form prescribed by Public Contract Code Section 22300,request payment of
retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided
evidence of satisfaction of all other requirements under Article 5 of this Agreement;
(b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be
made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor
Bond until such claims have been resolved,Contractor has provided statutory bond,or otherwise as
required by applicable law.
ARTICLE 6. RECORDS, REPORTS,AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records in compliance with all applicable laws, or other documents relating to the
disbursements charged to City and services performed hereunder(the"books and records"),as shall
be necessary to perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. Any and all such documents shall be maintained in
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accordance with generally accepted accounting principles and shall be complete and detailed. The
Contract Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and transcripts
from such records. Such records shall be maintained for a period of 3 years following completion of
the services hereunder, and the City shall have access to such records in the event any audit is
required.In the event of dissolution of Contractor's business,custody of the books and records may
be given to City,and access shall be provided by Contractor's successor in interest.Notwithstanding
the above, the Contractor shall fully cooperate with the City in providing access to the books and
records if a public records request is made and disclosure is required by law including but not limited
to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer shall
require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work
and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if
Contractor becomes aware of any facts, circumstances, techniques, or events that may or will
materially increase or decrease the cost of the work or services contemplated herein or,if Contractor
is providing design services,the cost of the project being designed,Contractor shall promptly notify
the Contract Officer of said fact, circumstance, technique or event and the estimated increased or
decreased cost related thereto and,if Contractor is providing design services,the estimated increased
or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data,
notes, computer files, reports, records, documents and other materials (the "documents and
materials")prepared by Contractor,its employees,subcontractors and agents in the performance of
this Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement,and Contractor shall have no claim for
further employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Contractor will be at the City's sole risk and without
liability to Contractor,and Contractor's guarantee and warranties shall not extend to such use,reuse
or assignment. Contractor may retain copies of such documents for its own use. Contractor shall
have an unrestricted right to use the concepts embodied therein.All subcontractors shall provide for
assignment to City of any documents or materials prepared by them,and in the event Contractor fails
to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
Moreover,Contractor with respect to any documents and materials that may qualify as"works made
for hire"as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed"works
made for hire" for the City.
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01203.0006/558720.1
6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written authorization
from the Contract Officer.
(b) Contractor,its officers,employees,agents or subcontractors,shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney,voluntarily provide documents,declarations, letters of support,testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided
Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor,provides any information or work product in violation of this Agreement,then City shall
have the right to reimbursement and indemnity from Contractor for any damages, costs and fees,
including attorneys' fees, caused by or incurred as a result of Contractor's conduct.
(d) Contractor shall promptly notify City should Contractor,its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition,request for documents,interrogatories,request for admissions or other discovery request,
court order or subpoena from any party regarding this Agreement and the work performed there
under. City retains the right, but has no obligation, to represent Contractor or be present at any
deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Contractor. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted,construed and governed both as to validity and
to performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court,venue shall lie exclusively in the Central District of California,in the County of Los Angeles,
State of California.
7.2 Disputes.
(a) Default;Cure.In the event that Contractor is in default under the terms
of this Agreement, the City shall not have any obligation or duty to continue compensating
Contractor for any work performed after the date of default. Instead, the City may give notice to
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Contractor of the default and the reasons for the default. The notice shall include the timeframe in
which Contractor may cure the default.This timeframe is presumptively thirty(30)days,but may be
extended,though not reduced,if circumstances warrant.During the period of time that Contractor is
in default,the City shall hold all invoices and shall proceed with payment on the invoices only when
the default is cured. In the alternative,the City may,in its sole discretion,elect to pay some or all of
the outstanding invoices during the period of default. If Contractor does not cure the default,the City
may take necessary steps to terminate this Agreement under this Article. Any failure on the part of
the City to give notice of the Contractor's default shall not be deemed to result in a waiver of the
City's legal rights or any rights arising out of any provision of this Agreement.
(b) Dispute Resolution.This contract is subject to the provisions of Article
1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code
regarding the resolution of public works claims of less than$375,000.Article 1.5 mandates certain
procedures for the filing of claims and supporting documentation by the Contractor,for the response
to such claims by the City, for a mandatory meet and confer conference upon the request of the
Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for
mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This
Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation
under this Agreement.In the event that any claim is made by a third party,the amount or validity of
which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis
for a claim of lien,City may withhold from any payment due,without liability for interest because of
such withholding,an amount sufficient to cover such claim.The failure of City to exercise such right
to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure,
indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the
provisions of this Agreement.No delay or omission in the exercise of any right or remedy by a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any
waiver by either party of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
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01203.0006/558720.1
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement,the rights and remedies of the parties are cumulative and the exercise by either party of
one or more of such rights or remedies shall not preclude the exercise by it,at the same or different
times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law
or in equity, to cure, correct or remedy any default,to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein,Contractor shall file a claim pursuant to Government Code Sections 905 et seq.and
910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of this
Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of
$350 (Three Hundred and Fifty Dollars)as liquidated damages for each working day of delay in
the performance of any service required hereunder, as specified in the Schedule of Performance
(Exhibit"D").The City may withhold from any monies payable on account of services performed by
the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215,
Contractor shall not be assessed liquidated damages for delay in completion of the project when such
delay was caused by the failure of the public agency or owner of the utility to provide for removal or
relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically
provided in the following Section for termination for cause.The City reserves the right to terminate
this Contract at any time,with or without cause,upon thirty(30)days'written notice to Contractor,
except that where termination is due to the fault of the Contractor,the period of notice may be such
shorter time as may be determined by the Contract Officer. In addition,the Contractor reserves the
right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written
notice to City,except that where termination is due to the fault of the City,the period of notice may
be such shorter time as the Contractor may determine. Upon receipt of any notice of termination,
Contractor shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Contractor has initiated termination, the
Contractor shall be entitled to compensation for all services rendered prior to the effective date of the
notice of termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3. In the event the Contractor has initiated termination, the
Contractor shall be entitled to compensation only for the reasonable value of the work product
actually produced hereunder.In the event of termination without cause pursuant to this Section,the
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01203.0006/558720.1
terminating party need not provide the non-terminating party with the opportunity to cure pursuant to
Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2,take over the work and
prosecute the same to completion by contract or otherwise,and the Contractor shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds the compensation
herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages),and
City may withhold any payments to the Contractor for the purpose of set-off or partial payment of
the amounts owed the City as previously stated.
7.10 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to
any action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable,shall be entitled to reasonable attorney's fees.Attorney's fees shall include attorney's fees
on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation.All such fees shall be deemed
to have accrued on commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement,Contractor offers and agrees to assign to the City all
rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act
(15 U.S.C. § 15)or under the Cartwright Act(Chapter 2,(commencing with Section 16700)of Part 2
of Division 7 of the Business and Professions Code), arising from purchases of goods, services or
materials related to this Agreement.This assignment shall be made and become effective at the time
the City renders final payment to the Contractor without further acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor,or any
successor in interest, in the event of any default or breach by the City or for any amount which may
become due to the Contractor or to its successor,or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor's performance of services under this
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01203.0006/558720.1
Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest,direct or indirect,
in this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which effects his financial interest or the financial interest of any corporation,
partnership or association in which he is, directly or indirectly, interested, in violation of any State
statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give
any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them,there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status,national origin, ancestry, or other protected class in the performance of
this Agreement.Contractor shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice,demand,request,document,consent,approval,or communication either
party desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid,first-class mail, in the case of the City,to the City Manager and
to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos
Verdes,30940 Hawthorne Boulevard,Ranchos Palos Verdes,California 90275 and in the case ofthe
Contractor,to the person at the address designated on the execution page of this Agreement. Either
party may change its address by notifying the other party of the change of address in writing.Notice
shall be deemed communicated at the time personally delivered or in seventy-two (72)hours from
the time of mailing if mailed as provided in this Section. All correspondence relating to this
Agreement shall be serialized consecutively.
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01203.0006/558720.1
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts,each of which shall be deemed to
be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and
exclusive expression of the understanding of the parties. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes and
cancels any and all previous negotiations, arrangements, agreements and understandings, if any,
between the parties, and none shall be used to interpret this Agreement. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the Contractor
and by the City Council.The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment
or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
9.6 Warranty& Representation of Non-Collusion.
No official,officer,or employee of City has any financial interest,direct or indirect,
in this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that(s)he/it has not engaged in any act(s),omission(s),or
other conduct or collusion that would result in the payment of any money, consideration, or other
thing of value to any third party including,but not limited to,any City official,officer,or employee,
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01203.0006/558720.1
as a result of consequence of obtaining or being awarded any agreement.Contractor is aware of and
understands that any such act(s),omission(s)or other conduct resulting in such payment of money,
consideration, or other thing of value will render this Agreementvoidand of no force or effect.
Contractor's Authorized Initials 17
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that(i)
such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement,and(iv)the entering into this Agreement does not violate
any provision of any other Agreement to which said party is bound.This Agreement shall be binding
upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
-24-
01203.0006/558720.1
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
date and year first-above written.
CITY:
CITY OF RAN -O PALOS VERDES, a
municipal co e atio_ h
.�
V. i uhovic, • . •.
ATTEST:
Emily Colborn City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER,LLP
William W der, City Attorney
CONTRACTOR:
SOUTHERN CALIFORNIA ELECTRICAL
FIRM, a California corporation
By:
Name: Jason Farr
'rest•:st
ame: Robert Morgan
Title: Vice President
Address: 4002 Admirable Drive
Rancho Palos Verdes, CA 90275
Two corporate officer signatures required when Contractor is a corporation,with one signature required from
each of the following groups: 1)Chairman of the Board,President or any Vice President;and 2)Secretary,any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES
SHALL BE DULY NOTARIZED,AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY.
-25-
01203.0006/558720.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA 1464,6) A' C
COUNTY OF LOS ANGELES L ID,ithj 1 r
On OIQI 12 I ,2019 before me, 5en111'(C�1��y 3e onally appeared 3S0k( ' ' -L,proved to me on the
basis of satisfactory evidence to be the person(s) whose n .es(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their
signature s) on the instrument the person(s), or the entity upon behalf of which the er ) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
JENNIFER CHRISTINE PATTON
WITNESS my hand an• •i ficial seal. '.` Commission at 21291156
plots',Public-California
Signature: z �. Lot Anpekt County
'1111111111.111401I — 1 CommEx�ites Oct 1_0._20_1(4
4l
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL l,
❑ CORPORATE OFFICER ?tib) /C (I- oo r S r )LDc
etas 1642),-} TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01203.0006/558720.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES Atam.91' 'l l C
NJ-A' rer au s-c-i ktPam,
On Ot. /i Q ,2019 before me, ,personally appeared 12-14-ft 6411proved to me on the
basis of satisfactory evidence to be then (s) whose nalme.(S) is/are subscribed to the within instrument and
acknowledged to me that Ile/she/they executed the same in hi it
g �[Iler/their authorized cgpacity(ies),and that by hisTher/their
signature(s) on the instrument theep rson(s), or the entity upon behalf of which the person(s) acted, executed the
si tr-�ument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS m .nd official seal. �� JENNIFER CHRISTINE PATTON
-� Commission•2129556
_,,:4. Notary NM-Cs1NonW
Signature: *or, V?1�% Los Anpeks County
Comm. t:4117Oct10,2018
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL ►/
14 CORPORATE C ( FI�,`•�-�"" pu,b11 C, cn7' I—S
p TITLE OR TYPE OF DOCUM1 NT
TITLE(S)
❑ PARTNER(S) 0 LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
O TRUSTEE(S)
O GUARDIAN/CONSERVATOR
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01203.0006/558720.1
EXHIBIT "A"
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and
requirements in the "General Provisions" and "Special Provisions" included in the bid
documents for the project entitled Western Avenue Corridor ALPR Project Phase 1,
including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
Contractor shall furnish all necessary labor, materials, equipment and other incidental and
appurtenant work necessary to install a street light standard and electric pedestal at various
locations throughout the City, in conformance with the Bid Documents.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor
will keep the City apprised of the status of performance by delivering the following status
reports:
A. Daily Reports
B. Certified Payroll Records
IV. All work is subject to review and acceptance by the City, and must be revised by the
Contractor without additional charge to the City until found satisfactory and accepted by
City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in
accordance with the Work Area Traffic Control Handbook(WATCH), latest edition.
01203.0006/558720.1 A-1
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
(INTENTIONALLY LEFT BLANK]
01203.0006/558720.1 B-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of
Contractor's Proposal, and listed below:
Item No. Description Est. Unit Unit Subbudget
Qty. Meas Price
1 Mobilization 1 LS $2,600 $2,600.00
2 Traffic Control 1 LS $1,6000 $1,600.00
3 Ameron poles 5 EA $9,200 $46,000.00
4 Light fixture 5 EA $500 $2,500.00
5 Concrete foundation for light pole 5 EA $3,200 $16,000.00
6 Concrete foundation for electric pedestal 5 EA $2,000 $10,000.00
7 Electric Service Pedestal 5 EA $3,000 $15,000
8 20A, Single pole breakers 10 EA $20 $200.00
9 PVC Conduit—3"SCE Service 125 LF $100 $12,500.00
10 PVC Conduit— 1"Service 150 LF $50 $7,500.00
11 2#8 and 1#10 275 LF $10 $2,750.00
12 SS Banding 10 EA $60 $600.00
13 SS Band clip 10 EA $25 $250.00
14 '/2"Flexible conduit 30 LF $20 $600.00
15 ''A"Flexible conduit connection 5 EA $5 $25.00
16 3/4"Flexible Conduit 30 LF $20 $600.00
17 3/4"Flexible Conduit connection 5 EA $20 $100.00
18 UV Tye Wraps 1 LS $100 $100.00
19 #12 Wire White 1 LS $500 $500.00
20 #12 Wire 1 LS $500 $500.00
21 #12 Wire Green 1 LS $500 $500.00
22 Fuse holder and Fuse 5 EA $150 $750.00
Install ALPR Cameras (furnished by the 1 LS $2,500 $2,500
23 City)and required mounting hardware
24 Total $123,675
01203.0006/558720.1 C-1
H. A retention of five percent(5%)shall be held from each payment as a contract retention to be
paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the
Contract Officer,funds may be shifted from one item's subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per
Section 1.10.
IV. The City will compensate Contractor for the Services performed upon submission of a valid
invoice. Each invoice is to include:
A. Percentage of work completed.
B. Line items for all personnel describing the work performed,the number of hours worked,
and the hourly rate.
C. Line items for all materials and equipment properly charged to the Services.
D. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
E. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed$123,675 as provided in Section 2.1
of this Agreement.
01203.0006/558720.1 C-2
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
Days to Perform Deadline Date
A. Installation of 5 60 Days September 2019
Street Lights
and Poles
II. Contractor shall deliver the following tangible work products to the City by the following
dates.
A. Daily Reports will be delivered to the City weekly. Daily Reports must be delivered
and accepted prior to any progress payment up until the date that work is being
invoiced for.
B. Certified payroll will be delivered to the City biweekly. Certified payroll must be
delivered and accepted prior to any progress payment up until the date that work is
being invoiced for.
III. The Contract Officer may approve extensions for performance of the services in accordance
with Section 3.2.
01203.0006/558720.1 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City"), has awarded to
SOUTHERN CALIFORNIA ELECTRICAL FIRM,as Contractor("Principal"),a Contract for
the work entitled and described as follows:Western Avenue Corridor ALPR Project Phase 1;
WHEREAS,the Contractor is required under the terms of said Contract to furnish a bond
for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of
($ ), this amount being not less than one hundred percent(100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves,our heirs,executors,administrators,and successors,jointly
and severally,firmly by these presents.In case suit is brought upon this bond,the Surety will pay
a reasonable attorney's fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound
Contractor,or its heirs,executors,administrators,successors,or assigns,shall in all things stand
and abide by,well and truly keep and perform all undertakings,terms,covenants,conditions,and
agreements in the said Contract and any alteration thereof,made as therein provided, all within
the time and in the manner designated and in all respects according to their true intent and
meaning,then this obligation shall become null and void;otherwise it shall be and remain in full
force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no
change,extension of time,alteration,or modification of the Contract Documents or of the work
to be performed thereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of such change,extension of time,alteration,or modification of the Contract
Documents or of the work to be performed thereunder.
Executed on 20_
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
01203.0006/558720.1 D-1
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service of
process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted.Sureties must be authorized to do
business in and have an agent for service of process in California. Certified copy of Power of
Attorney must be attached.
01203.0006/558720.1 D-2
PAYMENT BOND
(Labor and Material Bond)
WHEREAS,the CITY OF RANCHO PALOS VERDES,("City"),has awarded to SOUTHERN
CALIFORNIA ELECTRICAL FIRM, as Contractor ("Principal"), a Contract for the work
entitled and described as follows: Western Avenue Corridor ALPR Project Phase 1;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said
Contract, to secure the payment of claims of laborers, mechanics, material men, and other
persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of
($ ), this amount being not less than one hundred percent(100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves,our heirs,executors,administrators,and successors,jointly
and severally,firmly by these presents.In case suit is brought upon this bond,the Surety will pay
a reasonable attorney's fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its
heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any
work,materials, services,provisions,provender,or other supplies,or for the use of implements
of machinery, used in, upon, for, or about the performance of the work to be done, or for any
work or labor thereon of any kind;(2)for work performed by any of the persons named in Civil
Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with
respect to work or labor performed under the contract;and/or(4)for any amounts required to be
deducted,withheld,and paid over to the Employment Development Department from the wages
of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such work and labor,then the Surety herein will
pay for the same in an amount not exceeding the sum specified in this bond,otherwise the above
obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section
9100 so as to give a right of action to such persons or their assigns in any suit brought upon the
bond.Moreover,if the City or any entity or person entitled to file stop payment notices is required
to engage the services of an attorney in connection with the enforcement ofthis bond,each shall be
liable for the reasonable attorney's fees incurred,with or without suit,in addition to the above sum.
Said Surety,for value received,hereby stipulates and agrees that no change,extension of
time, alteration, or modification of the Contract Documents or of the work to be performed
thereunder shall in any way affect its obligations on this bond,and it does hereby waive notice of
such change,extension of time,alteration,or modification of the Contract Documents or of the
work to be performed thereunder.
01203.0006/558720.1
Executed on , 20
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do
business in and have an agent for service of process in California. Certified copy of Power of
Attorney must be attached.
01203.0006/558720.1
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Rancho Palos Verdes
Project: Western Avenue Corridor ALPR Project Phase 1
Type of Insurance: Workers'Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in
conformance with the requirements of Article 5 of the Contract and is in force at this time,and is in a
form approved by the Insurance Commissioner.
The Company will give at least 30 days'written notice to the City and Engineer/Architect prior to
any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers'Compensation:
Statutory Limits Under the Laws
of the State of California
Employers'Liability:
$ Each Accident
$ Disease-Policy Limit
$ Disease-Each Employee
Named Insured(Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
01203.0006/558720.1
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate
holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed
herein.
This is to certify that the policy has been issued to the named insured 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 policy described
herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for
is provided by more than one insurance company,a separate certificate in the exact above form shall
be provided for each insurance company.
01203.0006/558720.1
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured("Named Insured')
Name and address of Insurance Company ("Company')
General description of agreement(s),permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the
"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional
insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured.The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims,i.e., in the same manner as if separate policies had been issued to each insured.Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the
written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,change
in coverage,reduction of limits(except as the result of the payment of claims),or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty(30)days prior
to the effective date thereof.In the event of Company's failure to comply with this notice provision,the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent
active or passive negligence by the Additional Insureds.
01203.0006/558720.1
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity,construction, interpretation,and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager,City of Rancho Palos Verdes,30940 Hawthorne Boulevard,Rancho Palos Verdes,California
90275.
10. Except as stated above and not in conflict with this endorsement,nothing contained herein
shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
❑ Contractual Liability ❑ Explosion Hazard
❑ Owners/Landlords/Tenants ❑ Collapse Hazard
❑ Manufacturers/Contractors ❑ Underground Property Damage
❑ Products/Completed Operations ❑ Pollution Liability
❑ Broad Form Property Damage ❑ Liquor Liability
❑ Extended Bodily Injury ❑
❑ Broad Form Comprehensive ❑
General Liability Endorsement ❑
12. A ❑ deductible or❑ self-insured retention (check one) of$
applies to all coverage(s)except:
(if none, so state).The deductible is applicable❑ per claim or❑ per occurrence (check one).
13. This is an o occurrence or o claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of
Policy Number
(signatures on following page)
01203.0006/558720.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed ,20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01203.0006/558720.1
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured("Named Insured")
Name and address of Insurance Company("Company')
General description of agreement(s),permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the
"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional
insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured.The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured.Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s)contained or executed in conjunction with the
written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,change
in coverage,reduction of limits(except as the result of the payment of claims),or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty(30)days prior
to the effective date thereto.In the event of Company's failure to comply with this notice provision,the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent
active or passive negligence by the Additional Insureds.
01203.0006/558720.1
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity,construction,interpretation,and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
10. Except as stated above and not in conflict with this endorsement,nothing contained herein
shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
❑ Any Automobiles ❑ Truckers Coverage
❑ All Owned Automobiles ❑ Motor Carrier Act
❑ Non-owned Automobiles o Bus Regulatory Reform Act
❑ Hired Automobiles ❑ Public Livery Coverage
❑ Scheduled Automobiles ❑
❑ Garage Coverage ❑
12. A ❑ deductible or❑self-insured retention (check one) of$
applies to all coverage(s)except: (if none, so state). The deductible is applicable o
per claim or o per occurrence (check one).
13. This is an❑ occurrence or❑ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number
(signatures on following page)
01203.0006/558720.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed ,20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01203.0006/558720.1
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured("Named Insured")
Name and address of Insurance Company("Company')
General description of agreement(s),permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the
"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional
insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured.The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims,i.e., in the same manner as if separate policies had been issued to each insured.Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the
written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,change
in coverage,reduction of limits(except as the result of the payment of claims),or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty(30)days prior
to the effective date thereto.In the event of Company's failure to comply with this notice provision,the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent
active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity,construction,interpretation,and enforcement of this contract of insurance.
01203.0006/558720.1
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement,nothing contained herein
shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
❑ Following Form
❑ Umbrella Liability
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions,exclusions, extensions or specific provisions relate to the above
coverages:
13. A ❑ deductible or❑ self-insured retention (check one) of$
applies to all coverage(s)except:
(if none, so state). The deductible is applicable ❑ per claim or❑ per occurrence (check one).
14. This is an❑ occurrence or❑ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number
(signatures on following page)
01203.0006/558720.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01203.0006/558720.1
Bond No. 64682763
Premium:$3,710.00
PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City"), has awarded to
SOUTHERN CAT JFORNLA ELECTRICAL FIRM,as Contractor("Principal"),a Contract for
the work entitled and described as follows:Western Avenue CorridorALPR Project Phase 1;
WHEREAS,the Contractor is required under the terms of said Contract to furnish a bond
for the faithful performance of the Contract;
NOW, THEREFORE,we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of One Hundred Twenty-Three Thousand Six Hundred Seventy-Five and 00/100
($ 123,675.00 ),this amount being not less than one hundred percent(100%)of the total
Contract price, lawful money of the United States of America,for payment of which sum well
and truly be made we bind ourselves,our heirs,executors,administrators,and successors,jointly
and severally,firmly bythese presents. In case suit is brought upon this bond,the Surety will pay
a reasonable attorney's fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound
Contractor,or its heirs,executors,administrators,successors,or assigns,shall in allthings stand
and abide by,well and truly keep and perform all undertakings,terms,covenants,conditions,and
agreements in the said Contract and any alteration thereof,made as therein provided,all within
the time and in the manner designated and in all respects according to their true intent and
meaning,then this obligation shall become null and void;otherwise it shall be and remain in full
force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no
change,extension of time,alteration,or modification of the Contract Documents or of the work
to be performed thereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of such change,extension oftime,alteration,or modification of the Contract
Documents or of the work to be performed thereunder.
Executed on June 14 20 19
PRINCIPAL Southern California Electrical Firm
(Seal if Corporation) By g !�
Title f" Ink
(Attach Acknowledgment of Authorized Representative of Principal)
01203 0006/55K720.1 D-1
Any claims under this bond may be addressed to:
WESTERN SURETY COMPANY (name and address of Surety)
151 N.Franklin, 17th Fl.
Chicago,IL 60606
Diamond Valley Insurance Services,Inc. (name and address of Surety's agent for service of
process in California,if different from above)
41856 IVY ST., STE. 108
Murrieta,CA 92562
951-553-7400 (telephone number of Surety's agent in California)
(Attach Acknowledgment) WESTERN SURETY COMPANY
SURETY
By j RX9�-
(Attorney-in-Fact) Ashley N.Baker
APPROVE
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do
business in and have an agent for service of process in California. Certified copy of Power of
Attorney must be attached.
01203 0006;55g'20.1 D-2
Western Surety
POWER OF ATTORNEY-CERTIFIED COPY
Bond No, 64682763
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents
make,constitute and appoint Ashley Nicole Baker
its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute, acknowledge and deliver for and on
its behalf as Surety,bonds for:
Principal: Southern California Electrical Firm
Obligee: City of Rancho Palos Verdes
Amount: $1, 000, 000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the
corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-
fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western
Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
If Bond No.64682763 is not issued on or before midnight of September 4th, 2019 ,all
authority conferred in this Power of Attorney shall expire and terminate.
In Witness Whereof,Western Surety Company has caused these presents to be signed by its Vice President,Paul T. Bruflat, and
its corporatc,seal to be affixed this 14th day of June 2019 .
WE;29T SUR Y COMPANY
'-�
= Paul T ruflat,Vice President
SIVE .0 ICA TA
rss
COUP°OF MINNAHA ll
On this ,<1,4L-21 th day of June ,in the year 2019 ,before me,a notary public,personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and ackn+ledged said instrument to be the voluntary act and deed of said corporation.
a s
� J. MOHR 1
s NOTARY PUBLIC(SEL s Not Public-South Dakota
s SOUTH DAKOTA s �'
d 8
+6•44.54)h0:14004yy�+�a�s�s5h4e4��eI,+
My Commission Expires June 23, 2021
I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 14th day of
June 2019
WESO SUR Y COMPANY
Paul T ruflat,Vice President
To validate bond authenticity,go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage.
Form F5306-10-2017
.` 4
1
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California/ }
County of
I /1� , a&. } 1
On/419-4 , 74/ before me, , V 709211,C140/0/nd-734g, cf �(,H�ere e�sert nand title of officer)
personally appeared 4 C��' `( i� ,
who pr•ved to me on the basis of satisfactorydence to be the persort,(sj whose
na e A subscribed to the within i rument and acknowledged to me that
, • -03, - executed the same in bi ' -' authorized capacity(Og), and that by
• s apiir signature on the instrument the person((or the entity upon behalf of
which the person acted, executed the instrument.
8 I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
K.A.EBY
WITNESS y h- • % -nd • - 'al cal. -'moi.Z- COMM. #2156615 z
j �`_`,L ,.� Notary Public•California o
A '' _ f Riverside County 9
- \�,,:,,, Comm 12020
Notary .lic Sign ure ' (Notary Public Seal)
• INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION
This form complies with current California statutes regarding notary wording and
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments
r from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment
• Date of notarization must be the date that the signer(s)personally appeared which
l (Titre or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
. • Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he she they, is ase)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
❑ Partner(s) the county clerk.
❑ Attorney-in-Fact r Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document
+ Indicate title or type of attached document,number of pages and date.
❑ Other 4. Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
Bond No. 64682763
PAYMENT BOND
(Labor and Material Bond)
WHEREAS,the CITY OF RANCHO PALOS VERDES,("City"),has awardedto SOUTHERN
CALIFORNIA ELECTRICAL FIRM, as Contractor ("Principal"), a Contract for the work
entitled and described as follows: Western Avenue Corridor ALPR Project Phase 1;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said
Contract, to secure the payment of claims of laborers, mechanics, material men, and other
persons as provided by law;
NOW, THEREFORE,we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of One Hundred Twenty-Three Thousand Six Hundred Seventy-Five and 001100
($123,675.00 ),this amount being not less than one hundred percent(100%)of the total
Contract price, lawful money of the United States of America,for payment of which sum well
and truly be made we bind ourselves,our heirs,executors,administrators,and successors,jointly
and severally,firmly by these presents. In case suit is brought upon this bond,the Surety will pay
a reasonable attorney's fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its
heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1)for any
work,materials,services,provisions,provender,or other supplies,or for the use of implements
of machinery, used i11, upon, for, or about the perfomiance of the work to be done, or for any
work or labor thereon of any kind;(2)for work performed by any ofthe persons named in Civil
Code Section 9100; (3)for any amounts due under the Unemployment Insurance Code with
respect to work or labor performed under the contract and/or(4)for any amounts required to be
deducted,withheld,and paid over to the Employment Development Department from the wages
of'employees of the Contractor andior its subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such work and labor,then the Surety herein will
pay for the same in an amount not exceeding the sum specified in this bond,otherwise the above
obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section
9100 so as to give a right of action to such persons or their assigns in any suit brought upon the
bond. Moreover,if the City or any entity or person entitled to file stop payment notices is required
to engage the services of an attorney in connection with the enforcement ofthis bond,each shall be
liable for the reasonable attorney's fees incurred,with or without suit,in addition to the above sum.
Said Surety,for value received,hereby stipulates and agrees that no change,extension of
time, alteration, or modification of the Contract Documents or of the work to be performed
thereunder shall in any way affect its obligations on this bond,and it does hereby waive notice of
such change,extension of time,alteration,or modification of the Contract Documents or of the
work to be performed thereunder.
01203.0606/555720.1
Executed on June 14 , 20 19
PRINCIPAL Southern California Electrical Finn
(Seal if Corporation) By
Title Ch&S;� �
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
WESTERN SURETY COMPANY (name and address of Surety)
151 N.Franldin, 17th Fl.
Chicago,IL 60606
Diamond Valley Insurance Services,Inc. (name and address of Surety's agent for service
of process in California... if different from above)
41856 IVY ST., STE. 108
Murrieta,CA 92562 _
951-553-7400 (telephone number of Surety's agent in California)
(Attach Acknowledgment) WESTERN SURETY COMPANY
SURETY
By
(Attorney-in-Fact) shley N.Baker
APPROVED:
ae.6..C61.
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do
business in and have an agent for service of process in California. Certified copy of Power of
Attorney must be attached.
01203.06061553720.1
Western Surety
POWER OF ATTORNEY- CERTIFIED COPY
Bond No. 64682763
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents
make,constitute and appoint Ashley Nicole Baker
its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on
its behalf as Surety,bonds for:
Principal: Southern California Electrical Firm
Obligee: City of Rancho Palos Verdes
Amount: $1, 000, 000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President,sealed with the
corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-
fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western
Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary,or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
If Bond No.64 682763 is not issued on or before midnight of September 4th, 2019 ,all
authority conferred in this Power of Attorney shall expire and terminate.
In Witness Whereof,Western Surety Company has caused these presents to be signed by its Vice President,Paul T. Bruflat, and
its corporate sgal to be affixed this 14th day of June 2019
• ,R
WE/9 SUR Y COMPANY
Paul T ruflat,Vice President
STAVE
0P4 A
ss
COItJl -OF MINN j
-nom �F
On itns rllth day of June ,in the year 2019 ,before me,a notary public,personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
s
a J. MOHR
‘-.7)/64/A
s NOTARY PUBLICS is
s SOUTH DAKOTA s Notary Public-South Dakota
+ _ t,+
My Commission Expires June 23, 2021
I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 14th day of
June 2019
WESO SUR Y COMPANY
7. —
Paul T ruflat,Vice President
To validate bond authenticity,go to www,cnasurety.com >Owner/Obligee Services>Validate Bond Coverage.
Form F5306-10-2017
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
i A notary public or other officer completing this certificate verifies only the identity
J of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
c
County of A---7k/7
, & }
On �4 /��g 4 ' efore me, . Y' 7 ° 092ii,C114/0 —/i)Z--g.C�/ (Here insert nand title of officer)
personally appeared `LJ
who preyed td me on the basis of satisfactory`evldence to be the personksi whose
na a/-i subscribed to the within i rument and acknowledged to me that
• - h-/ , executed the same in F,ri‘,. -• authorized capacity(je), and that by
s CiSir signaturecsron the instrument the person( or the entity upon behalf of
which the person acted, executed the instrument. (I
f
1
certify under PENALTY OF PERJURY under the laws of the State of California that
' the foregoing paragraph is true and correct.
K A.EBY
y 'itr • • • offs►I?f I. �‘ COMM. #2156615 z
WITNESS o : •K Notary Public•California o
_\ '1•li Y Riverside County yyy0-•
Aai -qui.,, Con --' 1 202
. Notary •ublic S'•nature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATIONINSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments
from other states may be completed for docwnents being sent to that state so long
as the wording does not require the California notary to violate California notary
\ law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the siener(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signers) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he she the is ate)or circling the correct forms.Failure to correctly indicate this
❑ Individual(s) infonnation may lead to rejection of document recording.
0 Corporate Officer • The notary seal impression must be clear and photographically reproducible.
f Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
O Partner(s) the county clerk. 1
❑ Attorney-in-Fact •. Additional information is not required but could help to ensure this j
❑ Trustee(s) acknowledgment is not misused or attached to a different document. 1i
Other Indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
/