CC SR 20201006 M -Award Traffic Signal Installation Hawthorne Blvd. at Via Rivera - Copy
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CITY COUNCIL MEETING DATE: 10/06/2020
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a Public Works construction contract
agreement for the Hawthorne Boulevard and Via Rivera Traffic Signal Installation
Project.
RECOMMENDED COUNCIL ACTION:
(1) Award a construction contract agreement to Global Road Sealing, Inc., in the not-
to-exceed amount of $281,515, for the installation of a traffic signal at the
intersection of Hawthorne Boulevard and Via Rivera;
(2) Authorize the City Manager or Director of Finance to execute change orders up
to an additional 10% of the value of the Global Road Sealing, Inc. contract (not-
to-exceed $28,151) as contingency funds for potential unforeseen conditions;
(3) Award a professional services agreement to Southern California Electrical Firm,
in the not-to-exceed amount of $19,200, for construction inspection services;
(4) Authorize additional appropriations in the amount of $49,038 for this project ;
(5) Authorize the Mayor and City Clerk to execute the contracts, in forms approved
by the City Attorney; and
(6) Direct Staff not to proceed with the temporary vehicle gap measures
recommended by the Traffic Safety Commission.
FISCAL IMPACT: The recommendations will result in a total authorized expenditure
for construction, construction management, inspection, plus provide
for a project contingency not to exceed $328,866. Additional
appropriation in the amount of $49,038 is requested.
Amount Budgeted: $342,000
Additional Appropriation: $49,038
Account Number(s): 211-400-8838-8802 $309,666
(1911 Act Street Lighting Fund - Improvements)
211-400-8838-8006 $19,200
(1911 Act Street Lighting Fund - Inspection)
211-400-8838-8101 $62,172
(1911 Act Street Lighting Fund – Equipment)
ORIGINATED BY: Nasser Razepoor, PE, Associate
REVIEWED BY: Ron Dragoo, PE, City Engineer
APPROVED BY: Ara Mihranian, AICP, City Manager
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ATTACHED SUPPORTING DOCUMENTS:
A. Construction Contract Agreement with Global Road Sealing, Inc.
(page A-1)
B. Professional Services Agreement with Southern California Electrical Firm
(page B-1)
C. Proposal from Southern California Electrical Firm (page C-1)
D. February 18, 2020 City Council Staff Report (page D-1)
E. March 10, 2020 Memo from Willdan (page E-1)
BACKGROUND AND DISCUSSION:
Peak hour traffic volumes along Hawthorne Boulevard have been impacting residents
trying to merge onto Hawthorne Boulevard from Via Rivera for many years. Residents
have been concerned with the left turn maneuver from Via Rivera to northbound
Hawthorne Boulevard due to the geometry of the intersection and excessive speed of
vehicular traffic along Hawthorne Boulevard. Motorists looking to cross Hawthorne
Boulevard traffic during the peak hours of traffic were frequently frustrated and
sometimes forced to make marginally safe decisions to enter the traffic flow. Currently,
due to COVID-19 traffic volumes have decreased and the struggle to cross traffic
appears to be, temporarily, less of a challenge.
On July 22, 2019, the Traffic Safety Committee moved to recommend the installation of
traffic signal light at the intersection of Via Rivera and Hawthorne Boulevard. On
February 18, 2020, the City Council directed Staff to proceed with the design and
installation of the traffic signal light at the intersection of Hawthorne Boulevard and Via
Rivera (Attachment D).
The project involves the installation of a traffic signal at the intersection. Work includes
furnishing all necessary labor, materials, equipment and other incidental and
appurtenant work such as sidewalk/median modification, installation of ramps and
striping, and landscape and irrigation modifications. Funding for this project was
included in the Fiscal Year 2020-21 Capital Improvement Program (CIP) budget.
Due to the long lead time for the shipment of traffic signal poles and mast arms (up to
22 weeks), Staff recommended to purchase these items prior to construction. Staf f
created a package to receive quotes for these items, as well as purchase and safely
store them. The City received quotes from three vendors, with the lowest quote received
from McCain. On July 7, the City Council authorized the purchase of the poles and mast
arms. The poles and mast arms are scheduled to be shipped to the City in late
November 2020. This has reduced the timeline of the project, as the poles and mast
arms will be available when the project’s construction commences.
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Construction Contract Services
The project was advertised on July 20 and the bids were opened on August 25. Staff
reviewed and evaluated the proposals below with the lowest bid submitted by Global
Road Sealing, Inc.
Contractor Base Bid
Global Road Sealing, Inc. $281,515
Crosstown Electrical and Data, Inc. $282,322
Belco Elecnor Group $284,702
Calpromax Engineering, Inc. $294,100
PTM General Engineering Services, Inc. $294,942
California Professional Engineering, Inc. $302,188
Comet Electric $324,294
Taft Electric $380,500
Staff has verified Global Road Sealing, Inc.’s references and found its past performance
on jobs to be fully satisfactory. The references verified that it completed projects of
similar size and scope in a professional manner, with sufficient manpower, and in a
timely fashion. Its bid, bonds, and insurance documents are in order and its contractor’s
license is current. Accordingly, Staff recommends awarding a construction contract
agreement to Global Road Sealing, Inc. in the amount of $281,515. Construction is
anticipated to start by December 2020.
Construction Management and Inspection Services
Southern California Electrical Firm was selected for the Hawthorne Boulevard and Via
Rivera Traffic Signal Installation Project based on its expertise, performance and
experience as described in its proposal for the project. Given the project complexity and
technical requirements, Southern California Electrical Firm is being engaged to provide
inspection services. Due to its familiarity with the City, the skill of its staff, and its
availability and competitive pricing, Staff recommends selecting Southern California
Electrical Firm to provide inspection services for this project, at a total not-to-exceed
cost of $19,200.
Total Project Budget and Costs
Adopting Staff’s recommendations will award a construction contract to Global Road
Sealing, Inc. (not to exceed $281,515), with an authorization of an additional 10% of the
project construction contract amount (not to exceed $28,151) as a contingency for
unforeseen circumstances. It also will result in the award of a professional services
agreement to Southern California Electrical Firm (not to exceed $19,200). Furthermore,
an appropriation in the amount of $49,038 is requested to fully fund this project.
Contractor/Consultant Contract Value
Global Road Sealing, Inc. $281,515
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Global Road Sealing, Inc. 10% Contingency $28,151
Southern California Electrical Firm $19,200
Total: $328,866
A summary of the project budget and cost is presented below:
Vehicle Gap
On August 31, 2020, the Traffic Safety Committee (TSC) reviewed a memo from the
City’s Consultant Traffic Engineer that was prepared as point of discussion in
consideration of creating Vehicle Gaps (Attachment E) at the intersection as a
temporary measure. The TSC moved to recommend proceeding with components
recommended to create gaps in the vehicular traffic. It recommend ed the installation of
peak hour restrictions for right turning movement from Palos Verdes Drive West onto
Hawthorne Boulevard, and to adjust the signal timing at Vallon Drive and Hawthorne
Boulevard. The traffic signal at Hawthorne Boulevard and Via Rivera is expected to be
installed by December 2020. Since the preparation of this memo, the volume of traffic
exiting Via Rivera has temporarily decreased, as has the immediate need for a gap in
traffic. The gap consideration was originally considered to ease the burden on drivers
exiting Via Rivera onto Hawthorne Boulevard as a temporary measure until the traffic
signal is installed. Due to COVID-19-related restrictions that include recommendations
to stay at home, the closing of in-person classrooms, and an increased number of
employees working remotely, traffic volume is noticeable lower, and construction is
expected to be complete in December 2020. Accordingly, Staff does not recommend
the installation of these mitigation measures at this time, despite being recommended
by the TSC.
8838 - Project Cost Summary
Budget Actual Balance Notes
Revised Budget 366,420.00 15,168.00 351,252.00
Additional Appropriation
requested 49,038.00 - 49,038.00
Pending Approval
10/06/2020
415,458.00 15,168.00 400,290.00
Committed YTD Expenses Balance
8005 Engineering Design 24,420.00 15,168.00 9,252.00
8101 Capital Equipment
Purchase 62,172.00 - 62,172.00
8802 Construction 281,515.00 - 281,515.00 Pending Approval
10/06/2020
8802 Construction
Contingency 28,151.00 - 28,151.00 Pending Approval
10/06/2020
8006 Inspection 19,200.00 - 19,200.00
Total Project Costs 415,458.00 15,168.00 400,290.00
Project Balance -$ 15,168.00$ 400,290.00$
Description
Project Costs:
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ALTERNATIVES:
In addition to Staff recommendations, the following alternative actions are available for
the City Council’s consideration:
1. Direct Staff to reissue the request for bids to additional contractors.
2. Direct Staff to implement the temporary Vehicle Gap measures recommended by
the TSC at its August 31, 2020 meeting.
3. Alternately, discuss and take other action related to this item.
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PUBLIC WORKS CONSTRUCTION CONTRACT AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
GLOBAL ROAD SEALING, INC.
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CONSTRUCTION CONTRACT AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
GLOBAL ROAD SEALING, INC.
THIS CONSTRUCTION CONTRACT AGREEMENT FOR PUBLIC WORKS SERVICES
(herein “Agreement”) is made and entered into on October 6, 2020 by and between the City of
Rancho Palos Verdes, a California municipal corporation (“City”) and Global Road Sealing, Inc, 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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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 the Hawthorne Boulevard at Via Rivera Traffic Signal
Installation Project, 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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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 (1½) 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 ________
(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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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 is sue 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.
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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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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 $281,515 (Two Hundred Eighty One Thousand, Five Hundred and
Fifteen 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 submitt ed
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 of the 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:
Tri La __________________ President____ ____________
(Name) (Title)
Phong La ________________ Vice President ____________
(Name) (Title)
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Terri La _________________ Secretary ________________
(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 Ron Dragoo, City Engineer and Nasser Razepoor, PE,
Associate 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.
(l) 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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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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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
$600 (Six Hundred 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 fourteen (14) 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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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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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, Rancho Palos Verdes, CA 90275 and in the case of the
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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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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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 Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
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]
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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
____________________________________
John Cruikshank, Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONTRACTOR:
GLOBAL ROAD SEALING, INC., a
California corporation
By: _______________________________
Name: Tri La
Title: President
By: _________________________________
Name: Terri La
Title: Secretary
Address: 10832 Dorothy Avenue
Garden Grove, CA 92843
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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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 person(s) 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.
WITNESS my hand and official seal.
Signature: _____________________________________
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
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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 person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoi ng paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
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
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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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 Hawthorne Boulevard at Via Rivera Traffic Signal
Installation Project, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
The project involves the installation of a traffic signal at the intersection of Hawthorne
Boulevard and Via Rivera. The work includes furnishing all necessary labor, materials,
equipment and other incidental and appurtenant work such as sidewalk/median modification,
installation of ramps and striping, and landscape and irrigation modifications.
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
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.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[Intentionally Left Blank]
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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 ESTIMATED
QUANTITY UNIT PRICE
UNIT
EXTENDED
AMOUNT
1.
TRAFFIC SIGNAL
INSTALLATION COMPLETE
PER PLAN
1 LS $251,000 $251,000
2. SIGNING AND STRIPING
COMPLETE PER PLAN 1 LS $13,315 $13,315
3.
MODIFY RAISED MEDIAN
NOSE PER DETAIL “B” ON
PLANS
1 EA $6,000 $6,000
4. CONSTRUCT 4-INCH THICK
PCC SIDEWALK 60 SF $70 $4,200
5. CONSTRUCT CASE A, TYPE 5
CURB RAMP 1 EA $7,000 $7,000
TOTAL FOR BID SCHEDULE $281,515
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. Line items for all personnel describing the work performed, the number of hours worked,
and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
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D. 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 $281,515 as provided in
Section 2.1 of this Agreement.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work within 30 workings days, starting on the Notice to
Proceed date. Prior to the Notice to Proceed, the Contractor must submit a project
schedule for approval.
II. Contractor shall deliver the following tangible work products to the City by the
following dates.
A. Daily Reports will be delivered to the City weekly. Daily Reports must be delivered
and accepted prior to any progress payment up until the date that work is being
invoiced for.
B. Certified payroll will be delivered to the City biweekly. Certified payroll must be
delivered and accepted prior to any progress payment up until the date that work is
being invoiced for.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the work
entitled and described as follows:__________________________________________________;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond
for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
($______________), 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)
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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.
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PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the work
entitled and described as follows:__________________________________________________;
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 of this 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.
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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.
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WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Rancho Palos Verdes
Project: _____________________________________________
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)
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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.
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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.
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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 □ 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)
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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)
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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 Insu red
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.
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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 □ 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 □
per claim or □ 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)
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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)
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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.
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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)
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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)
A-48
01203.0006/667967.1 1
CITY OF RANCHO PALOS VERDES
PROFESSIONAL SERVICES AGREEMENT FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
_
THIS PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and
entered into October 6, 2020, by and between the CITY OF RANCHO PALOS VERDES, a
municipal corporation (“City”) and SOUTHERN CALIFORNIA ELECTRICAL FIRM, a
California corporation (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the “Scope of
Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant
warrants that it has the experience and ability to perform all work and services required
hereunder and that it shall diligently perform such work and services in a professional and
satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any “public
work” or “maintenance work,” as those terms are defined in California Labor Code section 1720
et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total
compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and
comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq.,
and all other applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its
sole cost and expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by the Agreement.
1.5 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.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the “Schedule of Compensation” attached
hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum
contract amount of $19,200 (Nineteen Thousand Two Hundred Dollars) (“Contract Sum”).
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01203.0006/667967.1
2.2 Invoices. Each month Consultant 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,
Consultant 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. Consultant shall not invoice City for any duplicate services performed by
more than one person.
City shall independently review each invoice submitted by the Consultant 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 Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however,
Consultant 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 any charges or expenses
are disputed by City, the original invoice shall be returned by City to Consultant for correction
and resubmission. Review and payment by the City of any invoice provided by the Consultant
shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. 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 Services or make changes by altering, adding to or deducting from
said work. No such extra work may be undertaken unless a written order is first given by the
Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum
for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Consultant. Any increase in compensation
of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five
Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved
by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. 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.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Consultant 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 Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
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
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fault or negligence of the Consultant, 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 Consultant shall within ten (10) days of the commencement of such
delay notify the Contract Officer in writing of the 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 Consultant be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Consultant’s sole remedy
being extension of the Agreement pursuant to this Section.
3.4 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 year from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Jim Pugh, Public Works Inspector, is
hereby designated as being the representative of Consultant authorized to act on its behalf with
respect to the work and services specified herein and make all decisions in connection therewith.
All personnel of Consultant and any authorized agents shall be under the exclusive direction of
the representative of Consultant. Consultant shall utilize only competent personnel to perform
services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain
the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed
of any changes.
4.2 Contract Officer. Ron Dragoo, City Engineer, and Nasser Razepoor, PE,
Associate Engineer, or such person as may be designated by the City Manager is hereby
designated as being the representative the City authorized to act in its behalf with respect to the
work and services specified herein and to make all decisions in connection therewith (“Contract
Officer”).
4.3 Prohibition Against Assignment. Consultant shall not contract with any
entity to perform in whole or in part the work or services required hereunder without the express
written approval of the City. Neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior writ ten approval of City. Any
such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents or employees,
perform the services required herein, except as otherwise set forth. Consultant shall perform all
services required herein as an independent contractor of City with only such obligations as are
consistent with that role. Consultant 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, or that it is a member of a joint
enterprise with City.
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5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Without limiting Consultant’s indemnification of
City, and prior to commencement of any services under this Agreement, Consultant 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. Consultant 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 $1,000,000 per occurrence, $2,000,000 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. Consultant 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 Consultant 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. Consultant 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
Agreement and Consultant 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. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant 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. Consultant 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.
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01203.0006/667967.1
(b) Duration of coverage. Consultant 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 Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant 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 shal l 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 Consultant or City will withhold amounts sufficient
to pay premium from Consultant 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.
(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
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant 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 Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
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(i) Notice of cancellation. Consultant 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.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’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. Consultant 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 Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant 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. Consultant 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 requi red by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’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. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant 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, Consultant agrees to
indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified
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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 Consultant, its officers, employees, agents, subcontractors, invitees,
or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from
Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or
indemnitors’ negligent performance of or failure to perform any term, provision, covenant or
condition of this Agreement, except claims or liabilities occurring as a result of City’s sole
negligence or willful acts or omissions. The indemnity obligation shall be binding on successors
and assigns of Consultant and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such
ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies 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 and shall keep such
records for a period of three years following completion of the services hereunder. 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.
6.2 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement or as
the Contract Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than the City without prior written
authorization from the Contract Officer.
(b) Consultant 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 Consultant gives the City notice of such court order
or subpoena.
(c) If Consultant provides any information or work product in violation of this
Agreement, then the City shall have the right to reimbursement and indemnity from Consultant
for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of
Consultant’s conduct.
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(d) Consultant shall promptly notify the City should Consultant 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 thereunder. The City retains the
right, but has no obligation, to represent Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City
with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the “documents and materials”) prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by the City of its
full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant 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.
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. 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; Default. In the event that Consultant is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Consultant for any work performed after the date of default. Instead, the City may give notice to
Consultant of the default and the reasons for the default. The notice shall include the timeframe
in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but
may be extended, if circumstances warrant. During the period of time that Consultant is in
default, the City shall hold all invoices and shall, when the default is cured, proceed with
payment on the invoices. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article.
7.3 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, Consultant shall file a statutory
claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any
legal action under this Agreement.
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
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different times, of any other rights or remedies for the same default or any other default by the
other party.
7.4 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 fifteen (15) days’ written notice to Consultant, except that where
termination is due to the fault of the Consultant, the period of notice may be such shorter time as
may be determined by the Contract Officer. In addition, the Consultant 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 Consultant may determine. Upon receipt of any notice of termination,
Consultant shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Consultant has initiated termination, the
Consultant 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. In the event the Consultant has initiated termination, the Consultant shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder, but
not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit
“C”. In the event of termination without cause pursuant to this Section, the terminating party
need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Consultant. If termination is due to the
failure of the Consultant 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 Consultant 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 Consultant for the purpose of set-off or partial payment of the
amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them, that 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. Consultant shall take
affirmative action to ensure 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
8.2 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Consultant, 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 Consultant or
to its successor, or for breach of any obligation of the terms of this Agreement.
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8.3 Notice. 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, California 90275, and in
the case of the Consultant, to the person(s) 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.
8.4 Integration; Amendment. 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. This Agreement
may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of 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 portions 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.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party’s consent to or approval of any act by the other party requiring the party’s
consent or approval shall not be deemed to waive or render unnecessary the other party’s consent
to or approval of any subsequent act. 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 provi sion
of this Agreement.
8.7 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 any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees,
whether or not the matter proceeds to judgment.
8.8 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.
8.9 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.
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8.10 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. Consultant 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. Consultant 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, as a result of
consequence of obtaining or being awarded any agreement. Consultant 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 Agreement void and of no force or
effect.
Consultant’s Authorized Initials _______
8.11 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 The Following Page]
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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
Ara M. Mihranian, City Manager
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
SOUTHERN CALIFORNIA ELECTRICAL
FIRM, a California corporation
By:
Name: Jason Farr
Title: President
By:
Name: Robert Morgan
Title: Vice President
Address: 2443 W. 208th Street, Suite 3
Torrance, CA 90501
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 o r 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.
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01203.0006/667967.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(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 person(s) 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.
WITNESS my hand and official seal.
Signature: _____________________________________
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
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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01203.0006/667967.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(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 person(s) 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.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to perso ns relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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01203.0006/667967.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services (“Services”):
A. Construction Management and Inspection Services for the Hawthorne Boulevard
at Via Rivera Traffic Signal Installation Project (“Project”), to include the
following:
1. Inspect work for compliance with Project specification. Consultant will
provide construction inspection services to ensure that the work is in
compliance with the contract documents. Consultant will proactively
examine the work area prior to demolition, take photographs, verify
accuracy, assure that the Project is including work areas in accordance
with the intent of the Project, and to note any additional concerns that may
be present.
2. Prepare Daily Inspection Reports. Daily Project reports will be completed
in the format required by the City, and transmitted to the City’s Contract
Officer expeditiously. Reports will include daily photographic
documentation.
B. Attend Meetings. Consultant will attend Project meetings, including the pre-
construction meeting, as required through the duration of the Project.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Daily Inspection Reports, as described above.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City updated of the status of performance by delivering the
following status reports:
A. Daily Inspection Reports, as described above.
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Jim Pugh, Public Works Inspector
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01203.0006/667967.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
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01203.0006/667967.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
RATE TIME SUB-BUDGET
A. Task A $128/Hour 120 Hours $15,360
B. Task B $128/Hour 30 Hours $3,840
Contract Sum ___________ $19,200
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as a part of the final payment upon satisfactory completion of
services.
Not Applicable
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 2.3.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the
hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. 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 the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1.
Not Applicable
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01203.0006/667967.1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
Consultant shall provide the Services for the duration of the Project.
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Daily Reports – Due within 24 hours of the completed inspection period.
III. The Contract Officer may approve extensions for performance of the s ervices in
accordance with Section 3.2.
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SOUTHERN CALIFORNIA ELECTRICAL FIRM
City of Rancho Pa l os Verdes
Dep artm ent of Public Works
30940 Hawthorne Bl vd
Rancho Palos Verdes, CA 90275
Attention : Nue r Razenpoor
A UGUST 19, 2020
Sub j ect: Prop osal to provide inspection services for the new traffic si,gna l at the Int ersection
o f Hawth orne Bl vd and Vi a Rivera.
Dear Mr. Razenpoor:
Thank you for contacting Southern California Electrica l Fi rm (SCEF). We are p l eased to p rovide you
wit h t h is p roposal t o p r ovid e Ins pection Servi ces fo r t he Installati on of the new traffi c signal at the
intersection of Hawthorne Blvd and Via Rivera In Rancho Palos Verdes.
SCEf proposes Ji m Pugh to provide proj ect management, re sident outreach, and l nspectM>n services
for this proj ect. Mr. Pugh ha s served the City of Rancho Palos Verdes for several years while working
f o r the followi ng firms:
o Charles Abbott and As sociates from July 2005 to July 2014.
o Sunbeam Consultin& from July 2014to Aprll 2020
o Southern california Electrical Fi rm from April 2020 to present.
Jim has over 15 years of e~perlence working with City st aff and und ers t ands the communi ty and
what the City needs to ensure a successful project .
The tasks that Mr. Pugh will be responsible forw1ll l ndude:
• Being the poi nt person for the project1 interacting with the Contractor~ Designer~ and the City
• Assisting with publ ic relations, should that be necessary
• Providing photo documentat ion of the e.~elstlng condition s before work commences. as well as
proare ss of the work
• Inspect ing the work for quality and compliance with pla ns, spedfic.atlons and best construction
practices.
• Moni tori ng th e Project Schedu l e and provi de gu i dance to assure the job p rogresse s w"h t he
City's best inter ests in mi nd
• Keeping the City Pro ject Manager appraised or all act ivities and issues on the project through
continual general communications
Soutbem C.llfomla Electrical Firm • Z443 W 2011" S1., SUite 3 • Tom>nCO, CA 9050 1 • (760) 78C)-72SO
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Jim Pugh has 25 yeatS of e)(perienee in construction management and i nspection of Capital
Improvement projects. He understands the Ctty of Rar\Cho Palos Verdes' needs because he has been
a consultant lor Rancho Palos Verdes lor the past 15 years.
SCOPE OF WORK
The Oty of Rancho Palos Verd es will be i nsta lli ng a new traffic signa l at the i ntersecti on of
Hawthorne Blvd and Via Rivera.
Our scope ol work will specificall y Include the following tasks:
{a) tnsptct work for complianct with project specificotlons while work is In progress
-we w ill p r ovi d e constructi o n i n sp ection services to ensure t hat t h e work is in
compliance with the conttact documents. We will p,.oactivety examine the work
area prior to demor~lon. take photographs, verily accuracy, assure that the
project is Including wortt areas in accordance with the intent o f the project, and
to not e any addiUonal concern s th at may be presen t .
(b) Prtpore Daily Inspection Reports and submit them to the City. Dally project
rcpons will b e comp l eted In the format required by the City, and trans mitted
to t he Ci ty's Project Manage r expedhlouslv . Reports w ill Include dally
photosraphic: documentation.
(c) Attend Meetings. Our i nspector will attend p roject meetings, as requ i red
throuB)lout the duratlon of the projt(l$.
(d) A trend Pre-Construction Meeting. OUr 1nspecto r will attend t he Pre -Constructi on
m eeting an d other meetings, as reque sted, with City staff.
Southam Olll fomla Electri CBI Pinn • 2+43 W ZOS'* St, Suite 3 • Tor rnnce, CA 90501 • (760) 780~7250
C-3
The services will be provided on a Time and Materials ba sis using our on·call contract and p revailin g
wage rates will app l y at $128/hour for our services. We anticipate working an average of 4-hours
per day lor 30.wor1dng da~ lor a total of 120.hours. We also antici pate »hours of pre and post
management and Inspection. The not·to·exceed fee to provide these services is $19,200.00
Our total p roposed cost Is summarlzed below:
Hourly st of Day!> Hour!> Not-To-blcc•C"d
SNVICP l mpector Rah• (@ . Propossed
hr'>/d.ly for t.1sk Cost
I Mcm tv
Inspection Dunne Jim Pugh ~128 30 120 --h15,360.00
Con$1ruction
Pre and Post Mamt & Jim Pugh $128 6 30 3.840.00
In ·on I
I
Gr and Total $19,200.00
Our proposed cost of $19,200.00 is a not-to..exceed amount and inclu des Inspection se rvi ces and
pre · and post-construction work.
southern C.l~omia Electrical Firm complie. w i th all State and Federal Prevailing Wage Rate
raqu lrements for our Constructi on In spector servi ces . Southern Ca lifornia Elect rical Firm's
proposed fee ls Inclusive of all equipment. materials, licensei: and trai n ing necessary to perform
the duties of the project assignment. indudlng a vehJde, mobile phone , camera. computer.
applications, internet service, printer, and basic fleld, safety and surveying equipment.
Should the project schedule extend beyond 30 working da~, SOuthe rn California Electrica l Firm will
immecti atety 1nfonn the City and advt.se of a potential c.han&e order.
Thank you for this opportunity to offer ou r services to the Ci ty of Rancho Palos Verdes. Should you
have quesUons during the se l ection process, p le ase contact me at
(760) 78().7520.
1V
Jason Farr, Pre sident
So uth e rn Calirornla Electrical Firm • 24"3 w 208dl St. Suite 3 • TOI'I'anre, CA 90501 • (760) 78()-7250
C-4
•
KEY PERSONNEL
JIM PUGH
Public works Inspector
Jim has 3 1 years of experftnce in inspection and maintenance on
all phues of Pu blic Worts pro]octs. Typical work hoo in duded the
fo l kJwl ns assignments:
• ln5Qeel new curb, gutter and sidewafks
• lnspecc conventional and AHRM asph alt and overlay
• Inspect City wide slurry .seal/ micro surface
• Inspect CJty w;c!e AAAM (A>t>hak Rubborized
Asaresate Membrane)
• Inspect new storm drain and sewer pipelin e in stallations
and outfan structures
• tnspect large diameter steel morUr lined and coated water pipe
Entered Profession
1939
ProfessJol'\ll Affiliations
Ame rican Wat'e r Works
Association (AWWAJ
Publk. Works Inspection
ceortffic-.ldon
The Nationa l Uti lity Contractors
Association (NUCA)
california Eme'lency Response
T echnok>gies, Inc
Slurry seal association
Chip Seal association
• Inspect CIPP Md fo ld and form pi pe from 6" to 30" on Sewer and storm drain pipelines.
• V-ew and approve p~"e.iinlnl video and as.seu point re~lrs. View post video to assure
quality and approve job quantitieS<.
• Inspect new tr-affic sfgnal construction
• Inspect gabion baskets and bartier wiillls
• Inspect slope imp,_menttnd rubll~11ion pro]octs
• Communkate and work with surrounding Utilities, loca l agencies and Con ttac tors to
insure complilnce with City Standanb.
• Upcb,te job s.pedf~Cations and stand~rd detail requlremenu.
• Communicate with Oty staff on a dally basis, summarize all work performed daily
• Prepare job status reports, agend u, approve unit prices from c:ot~tractots, issue
non-compliance iilnd conection notices.
• Prepare miilterlal submittals a nd transmittals.
• Prepare cost ptoposa l s
• Attend pcog,ess meetincs with eogineets and conttacton
Courses Taken
Principols of hot miK otphott • Asphalt Pvblk Watts~ APWA •lnsttrut~ Utility lnspKtiQn Course
• Ventura County • 2007
Traffic Contto/ • San Dkgo, CA • 2005
Comprt~nt Person TtoinirHJ!Trttteh Shor in(l • Anoht'lm, Co • 2003
Water 0/strfb ution 2 • Thousand Oaks, CA • 2000
Water T«:hnology Tretining • Alto Lomo, Co • 2000
Tunnel CDtls!ru<tion Sof .. y/Ctmflt!M ~ • Woodlond Hills. CD • J997
SOutl»mC.IIfomia£lecUI<aiFinn • 2443 WZ08'"St.Sui!<3 • TO<TOnOt,CA90SOI •(760) 7.7250
CITY COUNCIL MEETING DATE: 02/18/2020
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action regarding a traffic signal light at the intersection of
Via Rivera and Hawthorne Boulevard
RECOMMENDED COUNCIL ACTION:
(1) Direct Staff to defer the consideration of a traffic signal light at the intersection of
Via Rivera and Hawthorne Boulevard.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Nasser Razepoor, PE, Associate Civil Engineer
REVIEWED BY: Elias Sassoon, PE, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, Interim City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Location Map (page A-1)
B. TSC Minutes of October 22, 2018 (page B-1)
C. Staff report of April 2, 2019, regarding traffic signal lights at Via Rivera
and Hawthorne Boulevard (page C-1)
D. Willdan Memorandum dated July 18, 2019 (page D-1)
E. TSC Minutes of July 22, 2019 (page E-1)
BACKGROUND AND DISCUSSION:
Over the years, the City has been contacted by residents regarding the installation of a
new traffic signal light at the intersection of Via Rivera and Hawthorne Boulevard.
Residents have expressed concern with the left turn maneuver from Via Rivera onto
northbound Hawthorne Boulevard due to the geometry of the intersection and excessive
speed of traffic along Hawthorne Boulevard (Attachment A).
D-1
Traffic Safety Committee Meeting (October 22, 2018):
On October 22, 2018, the Traffic Safety Committee (TSC) reviewed and discussed the
traffic signal warrant study that was conducted for the intersection of Via Rivera and
Hawthorne Boulevard (Attachment B). This warrant study was conducted and included
as part of the City’s General Plan Update Traffic Impact Analysis prepared in May 2017,
and concluded that a traffic signal was warranted. At the TSC meeting, Willdan
Engineering (Willdan) indicated that the warrant study was still valid and re-evaluation
would not be needed. Based on this study, the TSC directed Staff to forward a
recommendation to the City Council to consider the preparation of engineering design
plans for the installation of traffic signal light at this intersection.
City Council Meeting (April 2, 2019):
On April 2, 2019, Staff sought the City Council authorization to proceed with the design
of traffic signal light installation at this intersection (Attachment C). The City Council
directed Staff not to proceed with the traffic signal design and to consider other options,
including but not limited to not allowing left turns from Via Rivera onto northbound
Hawthorne Boulevard, and report back to the City Council at a future meeting.
Consideration of Alternatives:
Staff directed Willdan to develop alternatives to the installation of traffic signal light.
Willdan’s memorandum of July 18, 2019, provided three alternatives in lieu of installing
a traffic signal light at this intersection (Attachment D). These alternatives included the
following:
Alternative 1 Prohibit the left turn movement from Via Rivera onto northbound
Hawthorne Blvd. during the peak traffic hours of 7-9 am and 4-6 pm.
During the peak hours, the motorists who wish to make a left turn
from Via Rivera onto Hawthorne would first make a right turn onto
Hawthorne and then make a “U-turn” at the traffic signal light at the
intersection of Hawthorne and Palos Verdes Drive West.
Alternative 2 Same peak hour restriction as the first alternative. However the “U-
turn” would take place at the existing median opening along
Hawthorne Blvd. which is about 400’ southwest of Via Rivera (this is
the same median opening that currently provides access to the
Golden Cove shopping center from southbound Hawthorne Blvd.)
Alternative 3 Do nothing and allow drivers to choose the path with which they feel
most comfortable. This means there would be no restriction
regarding left turn movement off Via Rivera onto Hawthorne Blvd. If
the drivers do not feel comfortable making this left turn, they can
make a right turn on Hawthorne Blvd. and then make a “U-turn” at
Palos Verdes Drive West.
D-2
Traffic Safety Committee Meeting (July 22, 2019):
These alternatives were reviewed and discussed at the TSC’s July 22, 2019, meeting
(Attachment E). This meeting was well attended by members of the community and
residents. The overwhelming majority of attendees expressed their support for a traffic
signal light at this intersection. The TSC subsequently moved to recommend to the City
Council the installation of a traffic signal light at this intersection. The TSC further
moved to recommend that a “right turn only” sign at Via Rivera and Hawthorne
Boulevard not be installed.
CONCLUSION:
Staff believes that the installation of traffic signal light at the intersection of Via Rivera
and Hawthorne Boulevard is warranted. However, analyzing the new traffic signal light
at the Via Rivera intersection in combination with the cumulative effect of ingress/egress
for the City’s future Civic Center (located only a quarter-mile up Hawthorne Boulevard)
is an important issue that needs to be studied in a traffic analysis. Therefore, Staff
recommends deferring the consideration of a traffic signal light at the Via Rivera
intersection at this time in order to complete the site analysis for the future Civic Center,
including its access from Hawthorne Boulevard.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Direct Staff not to defer the design of a traffic signal light and associated
installation at the intersection of Via Rivera and Hawthorne Boulevard.
2. Discuss and make recommendations on other options, as deemed
appropriate by the City Council.
D-3
TO: Elias Sassoon, Director of Public Works
FROM: Vanessa Munoz, PE, TE, PTOE
Traffic Engineer
DATE: March 10, 2020
SUBJECT: Hawthorne Boulevard and Via Rivera Vehicle Gap
.
The City of Rancho Palos Verdes has opted to install at Traffic Signal at Hawthorne Boulevard and Via
Rivera. To provide greater gaps in the vehicle traffic, City staff requested Willdan recommend traffic
improvements that would provide longer vehicle gaps at the subject location while the traffic signal is
being design and constructed to provide greater gaps in traffic for vehicles using Via Rivera as egress. The
Traffic Improvements being proposed are the following:
Propose No Right Turn on Red Signs at the Intersection of Hawthorne Boulevard and Palos Verdes
Drive West for the Northbound right turns along Hawthorne Boulevard (see enclosed exhibit for
details).
Propose a minimal recall for phase 4 and 8 at the Intersection of Hawthorne Boulevard and Vallon
Drive to create gaps in the flow downstream from the intersection during the peak hour of 7‐9
am. and 2‐6 p.m. Monday through Friday. (see enclosed timing chart for revised timing)
E-1
E-2
CITY OF RANCHO PALOS VERDES
DEPARTMENT OF PUBLIC WORKS
TRAFFIC SIGNAl TIMING
Intersection:
T.S. No.:
LACO-1R WWV-TIME-BASED
TYPE 170 PROGRAM
Hawthorne Blvd at V a lion Dr Date Prepared:
Date Implemented:
Page ·1 of~
iter is"
12/19/2017 By: Iteris
By:
PHA~E TIMING Keystrokes: F + Phase + Interval PREEMPTION PHASE FUNCTION FLAGS
Phase# 1 2 3 4 5 6 7 8 Keystrokes: F+E+Function Keystokes: F+F+Function
0 0 0 7 0 5 0 0 1 2 3 4 5 6 7 8
Minimum Walk RR Select ( 0, 1, 2)
Phases Permitted 0 X X X X X X
Flashing Don't Walk 1 0 0 22 0 12 0 Track Clearance 1 Red lock 1
2 4 10 4 4 10 4 2 Red & Yellow lock 2
Minimum Green RRRed Minimum Vehicle Recall 3 X X
Queue Maximum ·3 a · 0 0 0 0 0 RR2 Maximum(Minutes) 3 Pedestrian Recall + Rest in Walk 4
4 0.0 0.0 0.0 0.0 0 .0 0.0 0 4 Pedestrian Phases 5 X X
Added Gre~n/Actuation EV-A Delay Rest in Red 6
Vehicle Extension 5 4 .0 4.0 4.0 4.0 4.0 4.0 EV-A Clearance 15 5 Semi Traffic Actuated Mode 7
6 4.0 4.0 4.0 4.0 4.0 4.0 6 Double Entry 8 X X
Maximum Gap EV-B Delay Maximum Vehicle Recall 9
Minimum Gap 7 4 .0 4.0 4.0 4.0 4.0 4 .0 EV-B Clearance 7 Overlap A A
8 20 50 35 20 50 35 8 Overlap B b
Max Extension 1 (Free) EV-C Delay Barrier Recall c Gv Max Extension 2 (Coord} 9 ')J) 3S -~:z:J ';u -"3;5
EV-C Clearance 9 Rest in Green d
A Dlal1 Dial2 Dia13 Yellow Start Up E X X
Offset 1 27 29 EV-D Delay A
Protected/Permissive left Turn F
Offset 2 b EV-D Clearanc:e b
'• . c 120 c Offset 3 EV Maximum (Seconds) LAG PHASE FLAGS 1 2 3 4 5 6 7 8
Reduce 0.1 Sec. Every ... d 0.0 1.5 0.0 0.0 1.5 0.0 Delay Timer d Lag Free d-F-0 X X X X
E 3.0 5.0 3.6 3.0 5 .0 3 .6 E Lag Dial1 d-F-1 X X X X
Yellow Clerance Timer Lag Dial2 d -F-2 X X X X
Red C~;;arance F 2.0 2.0 2.0 2.0 2.0 2.0 Maximum Timer F Lag Dial3 d-F-3 X X X X
Max Added Green F-0-E 0 Remarks: True Phase 1 2 3 41 North North
2.0 r I Red Revert F-0-F .1
6 7 8 1
E-3
CITY OF RANCHO PALOS VERDES
DEPARTMENT OF PUBLIC WORKS
TRAFFIC SIGNAl TIMING
Intersection:
T.S. No.:
LACO-1R WWV-TIME-BASED
TYPE 170 PROGRAM
Hawthorne Blvd at V a lion Dr Date Prepared:
Date Implemented:
Page ·1 of~
iter is"
12/19/2017 By: Iteris
By:
PHA~E TIMING Keystrokes: F + Phase + Interval PREEMPTION PHASE FUNCTION FLAGS
Phase# 1 2 3 4 5 6 7 8 Keystrokes: F+E+Function Keystokes: F+F+Function
0 0 0 7 0 5 0 0 1 2 3 4 5 6 7 8
Minimum Walk RR Select ( 0, 1, 2)
Phases Permitted 0 X X X X X X
Flashing Don't Walk 1 0 0 22 0 12 0 Track Clearance 1 Red lock 1
2 4 10 4 4 10 4 2 Red & Yellow lock 2
Minimum Green RRRed Minimum Vehicle Recall 3 X X
Queue Maximum ·3 a · 0 0 0 0 0 RR2 Maximum(Minutes) 3 Pedestrian Recall + Rest in Walk 4
4 0.0 0.0 0.0 0.0 0 .0 0.0 0 4 Pedestrian Phases 5 X X
Added Gre~n/Actuation EV-A Delay Rest in Red 6
Vehicle Extension 5 4 .0 4.0 4.0 4.0 4.0 4.0 EV-A Clearance 15 5 Semi Traffic Actuated Mode 7
6 4.0 4.0 4.0 4.0 4.0 4.0 6 Double Entry 8 X X
Maximum Gap EV-B Delay Maximum Vehicle Recall 9
Minimum Gap 7 4 .0 4.0 4.0 4.0 4.0 4 .0 EV-B Clearance 7 Overlap A A
8 20 50 35 20 50 35 8 Overlap B b
Max Extension 1 (Free) EV-C Delay Barrier Recall c Gv Max Extension 2 (Coord} 9 ')J) 3S -~:z:J ';u -"3;5
EV-C Clearance 9 Rest in Green d
A Dlal1 Dial2 Dia13 Yellow Start Up E X X
Offset 1 27 29 EV-D Delay A
Protected/Permissive left Turn F
Offset 2 b EV-D Clearanc:e b
'• . c 120 c Offset 3 EV Maximum (Seconds) LAG PHASE FLAGS 1 2 3 4 5 6 7 8
Reduce 0.1 Sec. Every ... d 0.0 1.5 0.0 0.0 1.5 0.0 Delay Timer d Lag Free d-F-0 X X X X
E 3.0 5.0 3.6 3.0 5 .0 3 .6 E Lag Dial1 d-F-1 X X X X
Yellow Clerance Timer Lag Dial2 d -F-2 X X X X
Red C~;;arance F 2.0 2.0 2.0 2.0 2.0 2.0 Maximum Timer F Lag Dial3 d-F-3 X X X X
Max Added Green F-0-E 0 Remarks: True Phase 1 2 3 41 North North
2.0 r I Red Revert F-0-F .1
6 7 8 1
E-4
Page 2 of.!_
LAC0-1R WWV DETECTOR ASSIGNMENTS
T.S .: Intersection: Hawthorne Blvd at Vallon Dr Date
-----------------------Prepared:
By:
Phase Remarks Yellow Queue Clearing
File-Slot Delay Extended Call Note: The four Programmable Disconnect
Channel Detectors will default to normal
Code Seconds Code Seconds Code Lite On Code Lite On
App Lanes Description phasing if not flagged.
111U
d10 d30 dF4 1 dF8 1
111L
s 1 ADVANCE 212U d11 d31 6x6 dF4 2 dF8 2
s 2 ADVANCE 212L d12 d32 6x6 dF4 3 dF8 3
213U d13 d33 dF4 4 dF8 4
213L d14 d34 dF4 5 dF8 5
s 1 1sT VEHICLE 214U Call 01 1 I 2 I 3 I 4 I 5 I 6 I 7 I 8 dF4 dF8
d15 d35 6 f--6 X s 2 1sT VEHICLE 214L dd8 I I 1 l 1 1 1 1 dF4 dF8
315U dF4 dF8
d16 d36 7 ,____ 7
315L dF4 dF8
416U d17 d37 dF4 8 dF8 8
416L d18 d38 dF5 1 dF9 1
417U d19 d39 dFS 2 dF9 2
417L d1A d3A dF5 3 dF9 3
w 1 1sT VEHICLE 418U Call 0 I 1 I 2 I 3 I 4 I 5 I 6 I 7 I 8 dF5 dF9
d1b 10 d3b
dd9 1 1 1 l 1 r 1 1 4 .____ 4
418L dF5 dF9
119U d1C d3c dF5 5 dF9 5
319L d1d d3d dF5 6 dF9 6
5J1U dF6 dFA
d20 d40 1 -1
5J1L dF6 dFA
N 1 ADVANCE 6J2U d21 d41 6x6 dF6 2 dFA 2
N 2 ADVANCE 6J2L d22 d42 6x6 dF6 3 dFA 3
6J3U d23 d43 dF6 4 dFA 4
6J3L d24 d44 dF6 5 dFA 5
N 1 1sT VEHICLE 6J4U call 0 I 1 I 21 3 I 4 I 5J 6 T 7 T 8 dF6 dFA
1sT VEHICLE
d25 d45
ddA I I I I I I I I 6 1---6 X
N 2 6J4L dF6 dFA
7J5U dF6 dFA
d26 d46 7 t---7
7J5L dF6 dFA
8J6U d27 d47 dF6 8 dFA 8
8J6L d28 d48 dF7 1 dFb 1
8J7U d29 d49 dF7 2 dFb 2
8J7L d2A d4A dF7 3 dFb 3
E 1 1sT VEHICLE 8J8U Call 0 J 1 I 2 I 3 I 4 I 5 I 6 I 7 I 8 dF7 dFb
d2b 10 d4b
ddb 1 I l -1 ., 1 T 1 4 1---4
8J8L dF7 dFb
5J9U d2C d4C dF7 5 dFb 5
7J9L d2d d4d dF7 6 dFb 6
YELLOW DISCONNECT Remarks: QUEUE CLEARING DETECTOR
QUICK REFERENCE QUICK REFERENCE
Call Lights Call Lights
Code 1 2 3 4 5 6 7 8 Code 1 2 3 4 5 6 7 8
dF4 dF8 X
dF5 dF9
dF6 dFA X
'
dF7 dFb
E-5
~
LAC0-1R WWV-TIME-BASED COORDINATION Page 3 of_!_
T.S.No.: Intersection: Hawthorne Blvd at Vallon Dr
System Limits: NONE
Remote Master:
TIME OF DAY OPERATION SUMMARY
Dia11 Dial2
Offset 1
Offset 2
Offset 3
Free
Special
INTERCONNECT SELECT Remarks:
d·O·O [ I 7 =Slave [ I 170 = Master
d·O·E Set Maximum Width 4.0 Seconds
d.O·F Sot Minimum Width 1.0 Seconds
Keystrokes : INTERVALS
C + Column + Row (in seconds) DIAL 1
Coordination Dial1 Dial2 Dial3 Force Hold Ped Call Parameters Off Rstrict
0 lnt 1 2 3 4 5 6 7
System Manual*
0 0 55 60 2,6
Local Manual*
0 1 1 5 2,6 2,6
~sterlil~l 2 7 7 ' 2,6 4
torrenl fJlQJ 3 15 15 4,8 2,6 4
lMl'Set ffom'bet: 4 18 16 ' 2,6 4
Tiine df hy Pian 5 30 30 1,5 2,6 4
Function 6
14 6 31 31 -~-2,6 4
Qur.~t Table 7 36 36 4,8 2,6 -
Minimum Cycle
0 8 37 37 ' 2,6
Maximum Cycle
255 9 38 42 2,6 6
M lSleF Timet A 42 43 ' 6
L-e~U~I Timer b 46 46 1,5 2,6 6
N~wons,l c 47 47 ' 2,6 6
Cunr.entl®ffset d 50 55 ' 6
Mastel' tly.~Je E 55 60 -. ----
L-a;;~.t..G®! ·~cl.e F
Date Prepared: By: ------------
Date Implemented: By:
Force
Off
8
------------
Dial 3 I Offset Timing
FUNCTION FLAGS
DIAL2
Hold Ped
Rstrict Call
9 A b
• Set Local Manual to 14 (free)
before setting or changing dial
intervals & functions. Setting
either of the Manuals to 0 will
release that Manual.
Offset Timing Mode:
A 12 at C-0·1 or by T.O.D enables
this mode and uses the Dial 3
Intervals and Functions.
Observe :
Call d·F-C
Hold d·F·d
Ped Restrict d-F-E
Force • Off d-F-F
Cycle with Field Calls C·O·b
Master Sync Pulse Width d·O·d
DIAL 3 I OFFSET TIMING
Force Ped Call Off Hold Rstrict
c d E F Jnt
2,6 0
I 2,6 1
2,6 4 2
4,8 2,6 4 3
' 2,6 4 4
1,5 2,6 4 5
I 2,6 4 6
4,8 2,6 -7
I 2,6 8
' 9
216 6 A
1,5 ;:·;-6 6 b
' 2,6 6 c
I 6 d
-E -
F
E-6
LAC0-1 R WWV TIME BASE UNIT
CLOCK AND EVENT TABLE SHEET
PAGE40F 6
Intersection: Hawthorne Blvd at Vallon Dr
T.S. No.:
ABOVE EXAMPLES
CONTROL CODE A·C
LOCATION
0
0
I
I
I
HOURS
(00-23)
7
FIG . 1
7:58A.M. ON THURSDAY (FIG . 1)
MAY 27, 1982 (FIG. 2)
DIRECTIONS
5
1
2
3
4
5
6
7
SECONDS
ACTIVITY
I
I
I
MINUTES
(00-59)
0
8
CLOCK
DAY OF
WEEK
DAY OF WEEK
SUNDAY
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
1
2
3
4
5
6
Date Prepared: By: ---------
Date Implemented: By:
CONTROL CODE A -D
• 0
• LOCATION
• 2
• 3
• 4
0 5
• 6
• 7
0 8
• 9
MONTH
JANUARY
FEBRUARY
MARCH
APRIL
MAY
JUNE
1
I
2 I 7 I
DAY OF MONTH
(01-31)
FIG .2
7 JULY
8 AUGUST
9 SEPTEMBER
A OCTOBER
B NOVEMBER
c DECEMBER
I
8 I
I
YEAR
MONTH
(I ·C)
5
2
At control code A-C, key in hours and minutes, then key in 0 for seconds activity. Enter key E and turn on call light
corresponding to day of the week. (NOTE: Seconds start at 0 seconds -for observation and correction use address D -4-F).
At cibtrik cide A-D, key in the day of the month , year and month , then enter key E .
CONTROL CODE 9·3 EVENT TABLE
• 0 • LOCATION DIAL
FOR DI RECT INTERCONNECT ONLy_ (D00=7)
0 2 DAY AND LIGHT
0 3 3 2 <--Set DAY using caiVactive LIGHT --t
DAY OF 0 4 WEEK
0 5
0 6 • 7
• 8
0 9
ABOVE EXAMPLE
1 I
l
HOURS
(00-23)
5
FIG . 3
3 I :
MINUTES
(00-59)
0
The example (FIG. 3), shows a time of day event at control code 9-3 with
dial 2 to start at 3 :30 P .M . each weekday from Monday through Friday.
DIRECTIONS
To set an event, key_ in 9 +the table location, key in hour, minute, and
event, then enter key E . Set day(s) with call/active lights. To observe
current event use address C -0 -5 _ ( NOTE: These time of day events
are local -not system events.)
LOC . EVENT SUN MON TUE WED THUR
9+ ..!.-TIME •DIAL 1 2 3 4 5
0
1
2
3
4
5
6
7
8
9
A
8
c
D
E
F
• DIAL 1 = 1, 2 = 2, 3 = 3, FREE = E, OFF = 0 .
(NOTE: At C-0-5, Free= 14)
OFFSET TIMING =C T.O.D. FLASH=F
FR I SAT
6 7
E-7
LAC0-1R WWV-TIME-BASED EVENT TABLES Page 5 of_6 __
Intersection : Hawthorne Blvd at Vallon Dr Date Prepared: By:
T.S.No.:
TABLE 0-DEFAULT s m t w t f s
Code Hour Min Plan 1 2 3 4 5 6 7
0 -0 00 : 00 E XX XX XX X
0 -1 07 : 00 1 X XX XX
0 -2 09 : 00 E X XX XX
0 -3 11 : 30 1 X XX XX
0 -4 14 : 30 E X XX XX
0 -5 16 : 00 3 X XX XX
0 -6 18 : 00 E X X XX XX X
0 -7 :
0 -8 :
0 -9 :
0 -A :
0 -b :
0 -C :
0 -d :
0 -E :
0 -F :
TABLE 1 s m t w t f s
Code Hour Min Plan 1 2 3 4 5 6 7
1 -0 00 : 00 E X XX XX
1 -1 :
1 -2 :
1 -3 :
1 -4 :
1 -5 :
1 -6 :
1 -7 :
1 -8 :
1 -9 :
1 -A :
1 -b :
1 -C :
1 -d :
1 -E :
1 -F :
TABLE 2 s m t w t f s
Code Hour : Min Plan 1 2 3 4 5 6 7
2 -0 :
2 -1 :
2 -2 :
2 -3 :
2 -4 :
2 -5 :
2 -6 :
2 -7 :
2 -8 :
2 -9 :
2 -A :
2 -b :
2 -C :
2 -d :
2 -E :
2 -F : -
-------
Date Implemented: By:
TABLE 3 s m t w t
Code Hour : Min Plan 1 2 3 4 5
3 -0 :
3 -1 :
3 -2 :
3 -3 :
3 -4 :
3 -5 :
3 -6 :
3 -7 :
3 -8 :
3 -9 :
3 -A ;
3 -b :
3 -C :
3-d :
3 -E :
3 -F :
Plan = Plan Number
D1 02 D3
01 1 2 3
Plans:
A= Arrows On
02
03
B = TOO Output On
C = Offset Timing
D = Arrows I TOD
Output Off
E = Function 6
F =Flash
4 5 6
7 8 9
Keys:
0 =No Days
8 =All Days
9 =Weekdays
f s
6 7
Table #4, N1h =The number of the occurrence in
the month (1-5). 99 =Always the last occurance I
the month.
I.E. Thanksgiving= 11104 {Table] and Thursday.
FLOATING HOLIDAYS s m t w t f s
Code Month I Nth Table 1 2 3 4 5 6 7
4 -0 01 I 03 1 X
4 -1 02 I 03 1 X
4 -2 05 I 99 1 X
4 -3 09 I 01 1 X
4 -4 11 I 04 1 X X
4 -5 I
4 -6 I
4 -7 I
4 -8 I
4 -9 I
4 -A I
4 -b I
4 -C I
4 -d I
4 -E I
4 -F I
ANNUAL EVENTS s m t w t
Code Month I Nth Table 1 2 3 4 5
5 -0 I
5 -1 I
5-2 I
5-3 I
5-4 I
5-5 I
5-6 I
5-7 I
5-8 I
5 -9 I
5 -A I
5 -b I
5 -C I
5 -d I
5 -E I
5 -F I
ANNUAL EVENTS s m t w t
Code Month I N~ Table 1 2 3 4 5
6 -0 I
6 -1 I
6 -2 I
6 -3 I
6 -4 I
6 -5 I
6 -6 I
6 -7 I
6 -8 I
6 -9 I
6 -A I
6 -b I
6 -C I
6 -d I
6 -E I
6 -F I
ANNUAL EVENTS s m t w t
Code Monlh I N~ Table 1 2 3 4 5
7 -0 I
7 -1 I
7 -2 I
7 -3 I
7 -4 I
7 -5 I
7 -6 I
7 -7 I
7 -8 I
7 -9 I
7 -A I
7 -b I
7 -C I
7 -d I
7 -E I
7 ~F I
f s
6 7
f s
6 7
f s
6 7
E-8
I
I
I
I
LAC0-1 R WWV-TIME-BASED ANNUAL TABLES Page 6 of__!_.
Intersection: Hawthorne Blvd at Vallon Dr
T.S.No.: -------
EXCEPTION DAYS s m t w t f s
Code Month 1 Day Flag 1 2 3 4 5 6 7
8-0 01 I 01 1 XX XX X
8 -1 01 I 02 1 X
8-2 07 I 04 1 XX X X X 9-2
8-3 07 I 05 1 X 9-3
8-4 11 I 10 1 X 9-4
8-5 11 I 11 1 X X X X X 9-5
8-6 11 I 12 1 X 9-6
8-7 12 I 24 1 X X X X X 9-7
8-8 12 I 25 1 X X X X X 9-8
8-9 12 I 26 1 X X 9-9
8-A I 9-A
8-b I 9-b
8-C I 9-C
8-d I 9-d
8-E I 9-E
8-F I 9-F
SPECIAL FUNCTION TABLE
Keystrokes: F + d + Function
Phase Flags
1 2 3 4 5 6
(Green) Calling Phases 0
(Green) Call To Phases 1
(Yellow) Calling Phases 2
(Yellow) Call To Phases 3
7 8
Date Prepared: By: -------
Date Implemented : By:
Table 8 Flags
1 2 3 4 5 6 7
-------
NOTES ON USING TABLES:
Starting from the base display [A/b),
Table access is gained with a two digit
Table Code . Access is verified by the
flashing of both Call Light 9 and the
Phase digit* of the display(* No Flash if
Table# & Event# match).
Five keypresses will be required
followed by [E) to either the data and
open the flag mode . Day of Week flags
can now be set.
ADDITIONAL KEY CODES:
d-0-3=1 Search Tables
d-0-3=3 Repoll WWV Clock
d-A-F=1 Repoll WWV Clock
d-0-3=071 Save Timing to Prom Module
d-0-3=170 Download Timing into 170
d-0-3=999 Clear All Tables
F-0-0=Phase/Dial Copy-Source
F-0-1 =Phase/Dial Copy-Destination
F-0-4=Program Number (66)
d-0-8,9.A=Mo,Day,Yr of Latest Revision
E-E-0 -0= Reinitializat ion
When Any Flagged Phase Is Green ---
••• Place A Locked Call To These Phases .
When Any Flagged Phase Is Yellow-·-
••• Place A Locked Call To These Phases .
Auxiliary Ovlp A Output 4 "Three Color single Phase Overlap" Outputs On Auxiliary File-Slot 1
Mid-Block Ped Crossing
Driveway Flash
Green Extension
Sequential Ped
Not Used
EV-A Clearance Phases
EV-B Clearance Phases
EV-C Clearance Phases
EV-D Clearance Phases
Track Clerance Phases
Limited Servces Phases
F-9-7
F-9-d
d-0-1
d-0-2
5
6
7
04P Only. 02 & 06 Reds Flash During 04P Clearance
Flashes The Green Outputs of The Selected Phases
Staggered Termination At Barrier Crossing
8 Allows 01, 03 or 05 Ped to output on the 08P Load Switch
9
A
b
OVERLAP GREEN OMIT Keys 1 2 3 4 5
c Green Omit for Overlap A F-C-4
d Green Omit for Overlap B F-C-5
E Green Omit for Overlap C F-C-6
F Green Omit for Overlap D F-C-7
Coordination Free Tlme (Seconds) After railroad preempt
Green Rest Delay Time (Seconds)
RAILROAD ROUTINE SELECT: O=.Normal Railroad 1 =Special Two Input Railroad Routine
MANUAL CONTROL: O=Not Enabled 1 =No Rcalls 2=Vehicle recalls 3=Vehicle and Ped Recalls
6 7 8
PHASE OMIT Keys 1 2 3 4 5 6 7 8 I ADDITIONAL OVERLAPS I Keys 11121 314 1 5 1617 181
Phase Omit (Observe Only) d-d-4
Phase Omit for Dial1 d-d-5
Phase Omit for Dial 2 d-d-6
Phase Omit for Dial 3 d-d-7 .
PHASE OMIT is active when Coordination CALL function is active
and the OMIT flag is set.
Aux File 2 Color Overlap C d-d-C
Aux File 2 Color Overlap D d-d -d
07 Load Sw. 3 Color Ovrlp E d·d·E
Green Omit for Overlap E d-d-F
Overlap E will not function if the Railroad Preempt has been
selected.
CITY OF RANCHO PALOS VERDESPALOS VERDES DR. WEST AT HAWTHORNEBLVD PROPOSED SIGN IMPROVEMENTLEGENDPALOS VERDES DR WPALOS VERDES DR WHAWTHORNE BLVDHAWTHORNE BLVDE-9