CC SR 20230606 I - City Entery Signange
CITY COUNCIL MEETING DATE: 06/06/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to approve Amendment No. 1 to the Professional
Services Agreement with Express Sign and Neon to fabricate and install additional City
entry gateway signs.
RECOMMENDED COUNCIL ACTION:
(1) Approve Amendment No. 1 to the Professional Services Agreement with Express
Sign and Neon to increase the agreement amount from $351,750 to $429,390,
with a contingency of 10% or $42,939, and extending the term from June 7, 2023
to December 6, 2023, to fabricate and install three additional City entry gateway
signs and remove and dispose of existing signage; and
(2) Authorize the Mayor and City Clerk to execute Amendment No. 1 to the
Professional Services Agreement with Express Sign and Neon in a form approved
by the City Attorney.
FISCAL IMPACT: Approving this amendment has a fiscal impact of $56,994 in the FY
2022-23 Capital Improvement Program under the American Rescue
Plan Act (ARPA) Fund.
Amount Budgeted: $380,160
Additional Appropriation: $56,994
Account Number(s): 333-400-8424-8802 (ARPA Fund – Park Monument Signs - Other Improvements)
ORIGINATED BY: Matt Waters, Senior Administrative Analyst
REVIEWED BY: Cory Linder, Recreation and Parks Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Amendment No. 1 to the Professional Services Agreement with Express
Sign and Neon (page A-1)
B. July 19, 2022 staff report
C. June 7, 2022 staff report
D. Change Order No. 1 (page D-1)
E. Change Order No. 2 (page E-1)
F. Professional Services Agreement with ESN (page F-1)
1
RANCHO PALOS VERDES
VIL
BACKGROUND:
On June 7, 2022, the City Council awarded a professional services agreement to Express
Sign and Neon (ESN) for the design, fabrication, and installation of signage and related
support services for the City and Park Entry Monument Signs Project which included new
park entrance signs and City gateway entrance signs for a not-to-exceed amount of
$345,600 and a 10% contingency of $34,560 (Attachments C and F). The report noted
that many of the City’s existing monument signs were out of date or in need of repair and
monument signage should have a graphically consistent and fresh new look to boldly
identify City arterial roadway entrances and entrances to City parks. The Fiscal Year
2022-23 the Capital Improvement Program (CIP) included funding for both a Park
Monument Signs Project and a City Entrance Roadway Monument Signs Project from the
American Rescue Plan Act (ARPA) Fund of $550,000.
The scope of services included the following key components:
1. Produce design concepts, shop drawings, engineering, and material samples for
City approval.
2. Fabricate and install non-illuminated signs per bid documents.
3. Fabricate and install non-illuminated park entry signs.
4. Remove and dispose of existing signs, including concrete foundations.
The design of the new signs was to be consistent with existing signage in the Palos
Verdes Nature Preserve that was also designed by ESN. The original agreement called
for seven City monument signs and nine park entryway signs.
On July 19, 2022, the City Council reviewed the proposed designs for the City entry and
park monument signs and provided direction on their vertical vs. horizontal orientation,
height, lettering, use of the City logo, type of material, durability, and text (Attachment B).
The Council directed Staff to proceed with fabrication and installation.
Based on Council direction, the agreement with ESN was modified by Change Order No.
1 on August 11, 2022, increasing the number of park entryway signs from nine to 11 and
decreasing the number of City entrance signs from seven to three (Attachment D). On
October 25, 2022, the number of City entrance signs was increased to a total of five signs
by Change Order No. 2 (Attachment E). The new contract amount following the change
orders was $351,750, which is within the authorized contract of $380,160 including
contingency.
The first park sign was installed at the Ken Dyda Civic Center and was unveiled at a
ceremony on September 10, 2022. The other 10 park signs and five City entrance signs
have all either been installed or are pending installation. Below is a list of the sign
locations:
2
City Gateway Entry Signs
• Hawthorne Boulevard, westbound west of Palos Verdes Drive North
• Palos Verdes Drive West, southbound at Marguerite Drive
• Palos Verdes Drive South, westbound at 25th Street
• Western Avenue, southbound at Peninsula Verde Drive (pending)
• Ken Dyda Civic Center, 30940 Hawthorne Boulevard
Park Entrance Signs
• Point Vicente Interpretive Center
• Fred Hesse Community Park (two signs)
• Robert E. Ryan Park
• Abalone Cove Park
• Del Cerro Park
• Marilyn Ryan Sunset Point Park
• Frank A. Vanderlip Park
• Ken Dyda Civic Center
• Eastview Park
• Ladera Linda Community Park
DISCUSSION:
Tonight, Staff recommends the City Council amend the agreement with ESN to include
the installation of three additional City gateway signs that were included in the original
proposal (Attachment A). Below are the proposed locations:
o Palos Verdes Drive East, southbound at Conestoga Drive
o Miraleste Drive, northbound at West 1st Street
o Granvia Altamira, southbound at Monero Drive
The total cost of the amendment is $77,640. The key components are the fabrication and
installation of three 8-feet-tall, non-illuminated signs following the same specifications as
the previous signs ($68,940) and the removal and disposal of the existing signs at those
three locations ($8,700).
The total contract value will increase from $351,750 to $429,390, not including
contingency. For budget allocation, based on the unused contingency balance of
$20,646, the additional appropriation needed is reduced from $77,640 to $56,994. This
project will be funded from the ARPA Fund, with a total estimated cost of $437,154 after
contingency.
The amended agreement calls for the installation to be completed by December 6, 2023.
CONCLUSION:
3
Given the recent movement towards a consistent monument signage graphic look, Staff
recommends the City Council approve Amendment No. 1 to the Professional Services
Agreement with ESN to fabricate and install three additional City Gateway entrance signs.
ALTERNATIVES:
In addition to the Staff recommendation, the following altern ative actions are available for
the City Council’s consideration:
1. Do not approve Amendment No. 1 to the Professional Services Agreement with
ESN.
2. Take other action, as deemed appropriate.
4
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
(“Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES, a general
law city & municipal corporation (“City”), and FRANK & SON, INC. DBA EXPRESS SIGN
& NEON, a California corporation (“Consultant”) is effective as of ______, 2023.
RECITALS
A.City and Consultant entered into that certain Agreement for Professional Services
dated June 7, 2022 (“Agreement”) whereby Consultant agreed to provide design, fabrication, and
installation of several City signs at various City locations (the “Services”) for a Term of 1 year,
for a Contract Sum of $345,600.
B.On August 15, 2022, City and Consultant executed Change Order #1 whereby the
Scope of Services was modified so that the Contract Sum was reduced to $305,790.
C.On October 25, 2022, City and Consultant executed Change Order #2 whereby 2
City Entry Gateway Signs were added to the Scope of Services, increasing compensation by
$45,960 for a total Contract Sum of $351,750.
D.City and Consultant now desire to amend the Agreement (“Amendment No. 1”) to
(1)add 3 more City Entry Gateway Signs and demolish 3 existing signs; (2) increase compensation
by $77,640 to cover the costs of the proposed work for a total Contract Sum of $429,390; and (3)
extend the Term for 6 months through December 6, 2023 in order to complete the Services.
TERMS
1.Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikethrough and added text in bold italics.
a.Section 2.1, Contract Sum, is amended to read:
“Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant 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
$345,600 Dollars)$429,390 (Four Hundred Twenty Nine Thousand Three
Hundred Ninety Dollars) (the “Contract Sum”), unless additional compensation is
approved pursuant to Section 1.9. 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; (iii) payment for time and materials based upon the
Consultant’s rates as specified in the Schedule of Compensation, provided that (a)
time estimates are provided for the performance of sub tasks, and (b) the Contract
Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule
of Compensation.”
A-1
01203.0001/892195.1 -2-
b. Section 3.4, Term, is amended to read:
“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) year from the date hereofDecember 6, 2023
except as otherwise provided in the Schedule of Performance (Exhibit D).
c. The following is added to Exhibit “A” Scope of Services:
“Consultant shall fabricate and install 3 new City Entry Gateway Signs as per bid
documents and as referenced on Consultant design sketches, and remove and
dispose of 3 existing signs between June 7, 2023 and December 6, 2023.
The 3 new City Entry Gateway Signs shall be located at:
• Palos Verdes Dr. E southbound at Canestoga Dr.
• Miraleste Dr. northbound at W 1st. St.
• Granvia Altamira southbound at Monero Dr.”
d. The following is added to Exhibit “C”, Schedule of Compensation:
Between June 7, 2023 and December 6, 2023, Consultant shall fabricate and
install 3 new City Entry Gateway Signs and remove and dispose of 3 existing
signs at the following rates:
A-2
ITIM MOOEL O[l(RIPTIOO QUANTITY UIIIT PRI(! AMOUIIT
1.00 CITY ENTRY GATEWAY SIGN 3 $22,980.00 $68,940.00
Fabricate and install s•-o•high non -illuminated gateway signs as per bid documents
and as referenced on the included design sketches . The signs will include be low grade
concrete footing with reinforcing steel and steel su pports as per engineering. The design
parameters include similar materials used on the Rancho Palos Verdes Reverse Project:
Aluminum construction , 1/8.alu minum skin, Weathered Steel, Solid Aluminum
dimensional lette rs , Polyurethane Coatings, and 3M Vinyl.
Vertical Design assumed .
2.00 DEMOLITION $2,900 .00 $8,700 .00
Remove and di spose of exist ing si gns including concrete foundations as per bid documents.
PROPOSAL PRICE BASED ON : TOTAL BASE BID $77 640.00
1. Prevailing wage rates.
2. Day time (9:00 AM • 4:00 PM)
3. Price Escalation (Labor & Materia l) Good Up To June 6, 2023.
01203.0001/892195.1 -3-
e. The following is added to Exhibit “D”, Schedule of Performance:
“Consultant shall fabricate and install 3 new City Entry Gateway Signs
and remove and dispose of 3 existing signs between June 7, 2023 and December
6, 2023.”
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement,
it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 1,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 1,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 1.
5. Authority. The persons executing this Amendment No. 1 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this
Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and
(iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement
to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
A-3
01203.0001/892195.1 -4-
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
____________________________________
Barbara Ferraro, Mayor
ATTEST:
_________________________________
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
William W. Wynder, City Attorney
CONSULTANT:
FRANK & SON, INC. DBA EXPRESS
SIGN & NEON, a California corporation
By: ________________________________
Name: Frank Bang
Title: President
By: ________________________________
Name: Frank Bang
Title: Secretary
Address: 2327 Southwest Dr.
Los Angeles, CA 90043
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
A-4
01203.0001/892195.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 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.
A-5
□ □
□
□ □ □ □
□ □
01203.0001/892195.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 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.
A-6
□ □
□ □ □ □ □ □ □
D-1
CONSTRUCTION CHANGE ORDER FORM
CONTRACT NUMBER FY 2022-080 PROJECT NAME Cit y Entry arid Park Monuments Sign
PURCHASE ORDER NUMBER 0 PROJECT CODE 8424
CHANGE ORDER NUMBER ·1 DATE~ 08 /11 /22
CONTRACTOR NAME : Express Sign and Neon
DESCRIPT ION AN D LOCATIO N OF PROPOSED WO RK
Design and Installati on of Park Monument and C ity Entry s ign s
SUMMARY O F QUANTITY C HA NG ES
ITEM S P EC OR IGINAL NEW I QUA NTITY UNIT PR ICE ADD ITIONAL
NO . CODE DESCRIPTIO N QUANTITY QUANTITY DIFFERENCE PRICE DIF F ER ENCE WORK IN G DAYS
2 City Signs 70 3 .0 0 -4 .0 0 -$62 ,520 00
3 Park sig n s 9.0 11.0 0 2 .0 0 $31410.00
6 Demo li tio n 16 0 '13 .0 0 -3 0 0 $2 ,900.00 -$8 ,700 00
0 00 0 $0 .00
" 00 0 $0 00 V
0 00 0 $0 .00
Tota ls -$39,810 .00 0
A TI ME EXTENSION OF 0 WORKING DAYS WIL L BE ALLOWED FOR THIS WORK
ORIG IN AL C ON TRACT AMOUNT $345,600.00 ORIG INAL CO MPLE TION DATE l._0_6_10_7_12_3 _______ _,
TOTAL OF CHANGE ORDER #1-91 ($3 9 .810 00 ) TOTA L OF TIME EXT EN S IO NS #1-9 1 0 !working Days
TOTAL OF CHANG E ORDER #10 TO TAL OF T IME EXTENSI ON S #10 1 0 l vvo rkmg Days
NEW CONTRACT AMOUNT 1$305 ,7 90 .00 NEW COM PLE T ION DATE ..... !o_G_/0_7_/2_3 _______ _,
1 of 2
D-2
(itV of R (-::;nL1·10 Pa io~ v~, de s-.
De p arttnen t o f Re rrpat ion Pa ;-ks
3(10."{0 rl .=1 '\1 rh o r ,~2 Biv d . f:.;anch o PJ ios \Je r de:). C;l 90 .2 ·1
\
CONSTRUCTION CHANGE ORDER FORM
CONTRACT NUMBER FY 2022-080 PROJECT NAME City Entry and Park Monuments S ign
PURCHASE ORDER NUMBER 0
CHANGE ORDER NUMBE R 1 PROJECT CODE 8424
CONTRACTOR NAME Express S ign and Neon
By signing this Cl1ange Order, Contractor understands and agrees that it 1s accepting the specified sums and adjustment of contract time of
comp le tion (if any) set forth herein as full, final and comp lete satisfaction of any and al l claims by Contractor for all costs and ex penses of
Contractor and anyone for whom Contractor may be responsible for the work referred to herein, in cluding but not limited to costs or expenses
of the Contractor or any of its subcont:·actors , materials suppliei-s, vendors 01· anyone e lse for whom Contractor is res pons ible , for labor.
mate1·ial s , service s or equipment , no matter how characterized . whether known or unknown to Contractor , including but not li mi ted to, all field
and home office overhead , delay costs/cla ims , accelerat ion costs/claims. unabsorbed or under-absorbed home office overhead , extended
fie ld costs, general condi tions , claim preparation costs , inefficiencies , or the like . no matter how characterized . Contractor further understands
and agrees by sign ing this Change Order that any attempt by Contractor to purported l y reserve rights to claim additional time or
compensation for the work referred to herein , is vo id .
Except as set forth , all terms and provis ions of the co ntract and a ll prior change orders remain in fu ll force and effe ct
Recommended :
Matt Waters
Sr . Adm1rnstrat1ve Analyst
Executio n of this Change Orde r by both parties cons t itutes a binding agreement. This document constitutes the en ti re agreement between
the parties. The person signing th is Cha nge Order for Cont racto r hereby represents and warrants that he/she is fully authorized to sign this
Agreement on behalf of Contracto r
Contractor: Edgar Aceituno
Project Manager
Accepted and Executed by
City: Matt Waters for Dan Trautner
Contractor Officer
Cory Linder
Recreat ion and Parks Director
Trang Nguyen
Finance Di1·ector
Digitally signe d by Edga, Aceitun o
J' J i __ /1_/ "'ON : cn=Edgar Aceituno, o =Exp,ess
( ,A(~~-f~ Sign _&Neon,ou. .
(
'\ emad::edgar.e snl?'ho1ma1l.corn.
--~J ____ ~.~!~-~#:6-~~ Date 08/1 2/2022
Signature
~~-·---·
• Signature
Date ----------
Sigofit!!r= Daie :
2 of 2
D-3
CONSTRUCTION CHANGE ORDER SUMMARY SHEET
PROJECT NAME City Entry and Park Monuments Sign
PROJECT CODE 8424
PREPARED BY Matt Waters
CONTRACTOR NAME Express Sign and Neon
CONTRACT NUMBER: FY2022-080
PURCHASE ORDER NUMBER: 0
ACCOUNT NUMBER: 333-400-8424-8802
ORIGINAL CONTRACT AMOUNT $345,600.00 ORIGINAL CONTINGENCY AMOUNT $34,560.00
TOTAL CHANGE ORDERS COST
NEW CONTRACT AMOUNT $305,790.00 REMAINING CONTINGENCY AMOUNT $30,579.00
ORIGINAL COMPLETION DATE 06/07/23
TOTAL SCHEDULE CHANGE ORDERS O Working Days
NEW CONTRACT COMPLETION DATE 06/07/23
CHANGE ORDER COST AMOUNT SCHEDULE DATE
NUMBER EXTENSION
CO#1 -$39,810.00 0 Working Days 8/11/2022
CO#2 Working Days
CO#3 Working Days
CO#4 Working Days
CO#5 Working Days
CO#6 Working Days
CO#? Working Days
CO#8 Working Days
CO#9 Working Days
CO#10 Working Days
'l.-Of'2 I * I
D-4
FR1\N I( & SO N, INC
E X P R E S S
SIGN & NEON
2327 SOUTHWEST DR., 313 .291 .3333
LOS ANGELES , CA 90043 • 323.291.37 04
STATE LIC. #979019 U.L . LISTED #E 141 991
Ju ly 29, 2022
City of Rancho Palos Verdes
RE : PROJECT NAME: CITY AND PAR I< ENTRY MONUMENT SIGNS
PROJECT NUMBER: NO. RPV05262022-01
30940 HAWTHOR NE BLVD ., RANCHO PA LOS VERDES , CA 9027
NO . RPV0 5232022 -02
Express Si gn & Neon is pl eased to submit this propos al for Sign Work fo r the above refe re nced project. Upon rev iew of the Request of Pro posal and
adden du m No . 1 dated Apri l 27,2022 (Bid Set); we have pr epared our scop e of services as follows:
SCOP E OF SERV ICES : DES IG N BUILD SIGNAGE PROJECT
1.00
2.00
3.00
PROGr{AM DESIGI~ & DEVELOPME~!T
Per the Approac h of Services detailed on the City and Park Entry Monument Signs Pro posa l
document dated May 6, 2022, and after t he projec t scope adjustments req uested by the
City on May 16, 2022, ESN will produce desig n concepts, shop draw ing s, engineering ,
submittals, and mate rial samples for Ci ty approval as per bid documents .
CITY ENTRY GATEWAY SIGN
Fabrica t e and install 8'-0" high non -illuminated ga teway signs as per bid documents
and as referenced on the included design sketches . The sig ns will incl ud e below grade
concrete fo ot in g wit h re inforcing steel and steel supports as per engineering . The design
parameters incl ud e similar material s used on t he Rancho Palos Verdes Reverse Project:
Al umi nu m const ruc tion, 1 /8" al uminum skin, Weathered Steel , So lid .~luminum
dimensiona l letters, Po lyur ethane Coatings, and 3M Viny l .
Ve rt ica l Design assumed .
PARK ENTRY MONUMENT SIGN
Fabricat e and insta ll 5' -6" high and below non -i lluminated park entry sig ns as per bid
do cumen t s and as ref erenced on the included des ign sketches. The signs will include
be low grade concrete footing wit h reinforcing steel and steel supports as per engineering.
The design parameters include similar materials used on the Rancho Pa los Verdes Reverse
Pro1ect: Alum inum co nst ructio n, 1/8" alumin um ski n, Weathered Steel , So lid Alum inu m
dimens ional letters, Poiyurethane Coating s, and 3ivi Vin yl.
Hor izo nta l Design assumed.
PROPOSAL PRICE BASED ON:
1. Prevailing wage rates.
2. Day time (9 :00 AM • 4:00 PM)
3. Pri ce Esca lation (Labor & Ma te rial ) Good Up To Jun e 23, 2022.
(CONTINUES)
www .es nco.net
I DGS S_lliMICRO)_; 2003760
·-
;~·!niu
$16,000.00 $16,000.00
3 $22,980.00 $68,940.00
7 $16 ,8 60.00 $118 ,020 .00
D-5
July 29, 2022
RE: PROJECT NAME: CITY AND PARI< ENTRY MONUMENT SIGNS
PROJECT NUMBER: NO. RPV05262022-01
30940 HAWTHORNE BLVD., RANCHO PALOS VERDES. CA 9027
NQRPV05232022-02
SCOPE OF SERVICES DESIGN BUILD SIGNAGE PROJECT PVVC REGISTRATION NO: 1000017285 / DGS SJUMICRO): 2003760
4.00
5.00
6.00
PARK Ef\JTRY MONUMEMT SIGN -SINGLE SIDED
Fabricate and install 5'-6" high and below non-illuminated park entry signs as per bid
documents and as referenced on the included design sketches. The signs will include
below grade concrete footing with reinforcing stee! and stee! supports as per engineering.
The design parameters include similar materials used on the Rancho Palos Verdes Reverse
Project: Aluminum construction, l /8" aluminum skin, Weathered Stee!, Solid Aluminum
dimensional letters, Polyurethane Coatings, and 3M Vinyl
Horizontal Design assumed
:iARI< ENTRY MONUIV1Ef~T SIGN -MARILYN RYAN SUNSET POINT PARK (REDUCED SIZE)
Fabricate and install 5'-6" high and below non-illuminated park entry signs as per bid
documents and as referenced on the included design sketches. The signs will include
below grade concrete footing with reinforcing steel and steel supports as per engineering.
The design parameters include similar materials used on the Rancho Palos Verdes Reverse
Project: Aluminum construction, 1/8" aluminum skin, Weathered Steel, Solid Aluminum
dimensional letters, Polyurethane Coatings, and 3M \linyi.
Horizontal Design assumed.
DEMOLITION
Remove and dispose of existing signs including concrete foundations as per bid documents.
EBOPOSAL PRICE BASED ON
1. Prevailing wage rates.
2. Day time (9:00 AM -4:00 PM)
3 Price Escalation (Labor & Material) Good Up To June 23, 2022.
(CONTINUES)
www.esnco.net
3 $16,250.00 $48,750.00
$16,380.00 $16,380.00
13 $2,900.00 $37,700.00
$305,790.00
D-6
July 29, 2022
RE: PROJECT NAME: CITY AND PARK ENTRY MONUMENT SIGNS
rnoJECT l~Ufv1BER: NO. nrV05262022-01
30940 HAWTHORNE BLVD., RANCHO PALOS VERDES, CA 9027
ALTERNATE PRICE:
ALT 1 Add extra move-in of $2,500.00. Move-in shall be defined as any break in production not caused by Express sign.
GENERAL EXCLUSIONS:
NO.RPV05232022-02
Testing & Inspection 18 Repair & relocate any underground utilities
2 Capping or moving utilities and existing pull boxes.
3 Rocks 19 Landscape & irrigation.
4 Inspection costs 20 Waterproofings
5 Street lighting supplemental 21 Metal grate & frame
6 Tempora1·y street lighting 22 Participation of "Composite Clean-up
7 Tempora1·y lighting Crews"
8 Adjust manhole to grade 23 Pre cast
9 Trash bin 24 Temporary traffic signal
9 Temporary construction waler and power 25 Moisture control
10 Permit Fees 26 High early mix concrete.
11 Cost of bond ( if needed add 3% ) 27 Drypack/grout
12 Surveying (i e. establish cortrol gridlines. initial work points and elevation staking) ?8 EmhfHieci mR:eriRls
13 AB219 compliance 29 SWPPP
14 Temporar·y Fencing 30 Concrete !v\ow-strips.
15 Patch % repair Ac paving. 31 Electrical work/ lighting.
i 6 Metals. pipes
17 Trees and roots removal
QUALIFICATIONS:
1 Our proposal may be withdrawn by us if not accepted within THIRTY (30) DAYS from the date of this proposal.
2 Progress payments of 95% of completed work are due 30 days after City acceptance.
3 Retention due 45 days after City Council accepts final completion.
4 Contractor is responsible for site protection, cleanliness, restoration, and applicable regulatory compliance suer as stormwater.
7 $2M GU\, S 1 M WC, $1 M AUTO, & S 1 M PL insurance are included, other insurances are excluded
ACCEPTANCE:
Submitted by:
Express Sign & !'Jeon
Accepted Edgar Aceituno
www.esnco.net Thank you for your business!
E-1
City of Rancho Pa los Verdes
Department of Recreation Parks
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
(310)544-5260
CONSTRUCTION CHANGE ORDER FORM
CONTRACT NUMBER: FY 2022-080 PROJECT NAME: City Entry and Park Monuments Sign
PURCHASE ORDER NUMBER: 2023-0161
CHANGE ORDER NUMBER: 2 PROJECT CODE: 8424
CONTRACTOR NAME: Express Sign and Neon
By signing this Change Order, Contractor understands and agrees that it is accepting the specified sums and adjustment of contract time of
completion (if any) set forth herein as full, final and complete satisfaction of any and all claims by Contractor for all costs and expenses of
Contractor and anyone for whom Contractor may be responsible for the work referred to herein, including but not limited to costs or expenses
of the Contractor or any of its subcontractors, materials suppliers, vendors or anyone else for whom Contractor is res ponsible, for labor,
materials , services or equipment, no matter how characterized, whether known or unknown to Contractor, including but not limited to , all field
and home office overhead, delay costs/claims, acceleration costs/claims, unabsorbed or under-absorbed home office overhead, extended
field costs, general conditions, claim preparation costs, inefficiencies, or the like, no matter how characterized . Contractor further understands
and agrees by signing this Change Order that any attempt by Contractor to purportedly reserve rights to claim additional time or
compensation for the work referred to herein, is void .
Except as set forth , all terms and provisions of the contract and all prior change orders remain in full force and effect.
Recommended:
l'>,la l1 Waters
S r. Adm1 n1 s1r a t11.1e A na lyst
1 ·~---
~~~~-=--· -
· Signature
Execution of this Change Order by both parties constitutes a binding agreement. This document constitutes the entire agreement between
the parties. The person signing this Change Order for Contractor hereby represents and warrants that he/she is fully authorized to sign this
Agreement on behalf of Contractor .
Contractor: Edgar Aceituno
Project Manager
Accepted and Executed by:
City : Dan Trautner
Contractor Officer
Cory Linder
Recreation and Parks Director
Ara Mihranian
City Manager
Signature
Signature
2 of 2
Digitally signed by Edgar
Acei tuno
,.. , ON: cn=Edgar Aceituno,
o=Exp ress Sig n & Neon, ou,
emai l=edgar.esn @hotmail.com,
Date: 202 2.10.25 14:27:40-07'00'
Date : 10/25/2022
Date :
Date :
Date : \ 0 \ 1.-~ \ 'l.92-L
E-2
Ci ty of Rancho Pa los ,;e ,·d es
Department o f Recr ea t ion Parks
309 40 Ha wt h o rn e Blvd, Ran c h o Pa los Ve rd es , Cl-\ 90 275
( 3 10)544 -5260
www.@rpvca.gov
CONSTRUCTION CHANGE ORDER SUMMARY SHEET
PROJ ECT NAME : City Entry and Park Monum ents Sign
PROJECT CODE: 8424
PREPARED BY : Matt Waters
CONTRACTOR NAM E: Exp ress S ign and Neon
CONTRACT NUMBER: FY2022-080
PURCHASE ORDER NUMB ER: 2023-0161
ACCOUNT NUMB ER: 333-400-8424-8802
DA TE : 10/25 /2 2
ORIGINAL CONTRACT AMOUNT: $345,600.00
TOTAL CHANGE ORD ERS COST: $6,150.00
ORIGINAL CONTINGENCY AMOUNT: $28,410.00
NEW CONTRACT AMOUNT : $351,750.~ REMAINING CONTINGENCY AMOUNT: $ 35,175 ~
ORIGINAL COMPLETION DATE : 06 /07/23
TOTAL SCHEDULE CHANG E ORDERS : 0 Work ing Days
N EW CONTRACT COMPLETION DA TE 06/07/23
CHANG E ORDER COST AMOUNT
SCHEDULE DA TE
NUMBER EXT ENSION
CO#1 -$39,8 10 .00 0 Working Days 8/11/2022
CO#2 $45,960.00 0 Working Days 10/25/2 2
CO#3 Working Days
CO#4 Working Days
CO#5 Working Days
CO#6 Working Days
CO#? Working Days
CO#8 Working Days
CO#9 Working Days
CO#10 Working Days
1 of 2
E-3
City of Ranc h o Pa l os ·Je r des
Depar-t m e n t of Recreatio n Pa r ks
30940 Hawthorne 13 1,1d , Ra n cho Pa los '/e1·cles , CA 90275
( 310)5 4 4 -5 260
www.@rpvca.gov
2 of 2
E-4
e/b EXPRESS
SIGN & NEON
2327 SOUTHWEST OR., T. 323.291.3333
LOS ANGE LES , CA 90043 F 323 .291 .3704
STATE LIC . #979879 U.L. LISTED #E 141997
October 21, 2022
City of Rancho Palos Verdes
RE : PROJECT NAME: CITY AND PARK ENTRY MONUMENT SIGNS
PROJECT NUMBER: NO. RPV05262022-01
30940 HAWTHORNE BLVD., RANCHO PALOS VERDES, CA 9027
NO .RPV10212022 -01
Express Sign & Neon is pleased to submit this proposal for Sign Work for the above referenced project. Upon review of the Request of Proposal and
addendum No. 1 dated April 27,2022 (Bid Set); we have prepared our scope of servic
SCOPE OF SERVICES : DESIGN BUILD SIGNAGE PROJECT PWC REGISTRATION NO: 1000017285 / DGS SB (MICRO): 2003760
BIMiMal
I
iJ .00
~ OESCRIITTION
CITY ENTRY GATEWAY SIGN
Fabricate and install 8'-0" high non -illuminated gateway signs as per bid documents
and as referenced on the included design sketches . The signs will include below grade
concrete footing with reinforcing steel and steel supports as per engineering. The design
parameters include similar materials used on the Rancho Palos Verdes Reverse Project:
Aluminum construction, 1 /8" aluminum skin, Weathered Steel, Solid Aluminum
dimensional letters, Polyurethane Coating s, and 3M Vinyl.
Vertical Design assumed.
PROPOSAL PRICE BASED ON:
1. Prevailing wage rates.
2. Day time (9:00 AM -4:00 PM)
3. Price Escalation (Labor & Material) Good Up To December 31,2022 .
(CONTINUES)
www.esnco .net
I , ·---2 $22,980.00 ' $45,960.00
_ $45,960.00 _,
E-5
October 21, 2022
RE: PROJECT NAME: CITY AND PARK ENTRY MONUMENT SIGNS
PROJECT NUMBER: NO. RPV05262022-01
30940 HAWTHORNE BLVD., RANCHO PALOS VERDES, CA 9027
ALTERNATE PRICE:
NO.RPV10212022-01
ALT 1 Add extra move-in of $2,500.00. Move-in shall be defined as any break in production not caused by Express sign.
GENERAL EXCLUSIONS:
Testing & Inspection
2 Capping or moving utilities
3 Rocks
4 Inspection costs
5 Street lighting supplemental
6 Temporary street lighting
7 Temporary lighting
8 Adjust manhole to grade
9 Trash bin
9 Temporary construction water and power
1 0 Permit Fees
11 Cost of bond ( if needed add 3% )
12 Surveying (i.e. establish control gridlines, initial work points and elevation staking)
13 AB219 compliance
14 Temporary Fencing
15 Patch % repair Ac paving.
16 Metals, pipes
17 Trees and roots removal
QUALIFICATIONS:
18 Repair & relocate any underground utilities
and existing pull boxes.
19 Landscape & irrigation.
20 Waterproofings
21 Metal grate & frame
22 Participation of "Composite Clean-up
Crews"
23 Precast
24 Temporary traffic signal
25 Moisture control
26 High early mix concrete.
27 Drypack/grout
28 Embeded materials
29 SWPPP
30 Concrete Mow-strips.
31 Electrical work/ lighting.
Our proposal may be withdrawn by us if not accepted within THIRTY (30) DAYS from the date of this proposal.
2 Progress payments of 95% of completed work are due 30 days after City acceptance.
3 Retention due 45 days after City Council accepts final completion.
4 Contractor is responsible for site protection, cleanliness, restoration, and applicable regulatory compliance such as stormwater.
7 $2M GLA, $1 M WC, $1 M AUTO, & $1 M PL insurance are included, other insurances are excluded.
ACCEPTANCE:
Accepted:
www.esnco.net Thank you for your business!
Submitted by:
Express Sign & Neon
Edgar Aceituno
E-6
TO:
FROM:
DATE:
City of Rancho Palo s Ve r de s
Department of Recreation and Parks
30940 Hawthorn e Blvd, Ran cho Palos Verdes, CA 90275
(310)544 -5260
www.rpvca.gov/
CHANGE ORDER MEMORANDUM
CORY LINDER, DIRECTOR OF RECREATION & PARKS
MATT WATERS, SENIOR ADM IN ANALYST
OCTOBER 25, 2022
SUBJECT: DESIGN, FABRICATION , AND INSTALLATION OF CITY AND
PARK ENTRYWAY SIG NA GE
CONSTRUCT ION CHANGE ORDER NUMBER: 2
Description of Construction Change Order 2
The new work consists of a modification of the revised scope of services (incorporating
Change Order 1) to be provided by Express Sign and Neon (ESN). The revised scope
consisted of design and fabrication of 3 City monument signs, 11 Park entryway signs.
and removal of 16 existing signs. The new revi se d scope propos a l (incorporating Change
Order 2) now consists of 5 City monument signs, 11 park entry signs, and the demolition
and removal of 16 existing signs.
Justification
The changes a re ju s tified due to new direction provided by the City Manager which
necessitated changes to the number of City e ntry signs . The contract with ES N had
previously been approved on June 7, 2022.
Cost Analysis
The total price has been increased from $305,790 to $351,750, an increase of savings of
$45,960 attributable to the overall increase in the number of City monument s igns from
3-5.
Schedule Analysis
N/A There was no change to the schedule.
Attachments :
Construction Contract Change Order Form
Construction Contract Change Order Summary Sheet
Contractor's Change Order Proposal (October 21, 2022)
E-7
Design, Fabrication, And Installation Of City And Park Entryway Signage
Construction Change Order Number 2
October 25, 2022, pg. 2
X:\Dept\Recreation & Parks\STAFF REPORTS\2022 Staff Reports\park City signage July 19 2022\Change order\Change Order
#2\Change Order 2 Memo Park City Signage ESN.docx
E-8
City of Rancho Pa los Verdes
Department o f Recreat ion Parks
30940 Hawthorne Blvd, Rancho Pa los Verdes, CA 90275
(310)544-5260
CONSTRUCTION CHANGE ORDER FORM
CONTRACT NUMB ER: FY 2022-080 PROJECT NAM E: City Entry and Park Monuments Sign
PURCHASE ORD E R NUMB ER: 2023-0161 PROJ EC T CODE: 8424
CHANGE ORDER NUMBER: 2 DATE: 10/25/22
CONTRACTOR NAM E: Express S ign and Neon
DESCRIPTION AND LOCATION O F PROPOSED WORK
De s ign and Installation of Park Monument and City Entry s ign s .
SUMMARY OF QUANTITY CHANG ES
IT EM SPEC ORIGINAL N EW QUANTITY UNIT PRICE ADDITIONAL
NO. CODE DESCRIPTION QUANTITY QUANTITY DIFFERENCE PRICE DIFF ERENC E WORKING DAYS
1 City Signs 3.0 5.0 0 2.0 0 $45,960.00
0 0 .0 0 $0.00
0 0 .0 0 $0.00
0 0 .0 0 $0.00
Totals $45,960.00 0
A TIM E EXTE NS ION OF 0 WORKING DAYS WILL BE ALLOWED FOR THIS WORK
ORIGINAL CONTRACT AMOUNT: $345,600.00
TOTAL OF CHANGE ORDER #1-9:1$6,150.00
TOTAL OF CHANGE ORDER #10:I
NEW CONTRACT AMOUNT :1$3 51 ,750.00
ORIGINAL COMPLETION DATE:,_lo_s,_0_11_2_3 ______ ~
TOTAL OF TIME EXTE NSIONS #1-9:I olworking Days
TOTAL OF TIME EXTENS IONS #10:I olworking Da ys
N E W COMPLETION DATE:!,_o_s,_0_1,_2_3 ______ ~
1 of 2
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
EXPRESS SIGN & NEON
F-1
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
EXPRESS SIGN & NEON
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into on June 7, 2022 by and between the CITY OF RANCHO PALOS VERDES, a
California municipal corporation (“City”) and Express Sign and Neon, a California Company]
(“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or
“Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B.Consultant, following submission of a proposal 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 Consultant 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. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the “Scope of Services”, as stated in the Proposal, 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, Consultant represents and warrants that it has the qualifications, experience, and
facilities necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant 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
F-2
intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean
those standards of practice recognized by one or more first-class firms performing similar work
under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal which shall be incorporated
herein by this reference as though fully set forth herein. In the event of any inconsistency
between the terms of such Proposal and this Agreement, the terms of this Agreement shall
govern.
1.3 Compliance with Law.
Consultant 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 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,
including the following requirements:
(a)Public Work. The Parties acknowledge that some or all of 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. Consultant shall post job site notices, as prescribed by
regulation.
(b)Prevailing Wages. Consultant 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, Consultant
acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem
wages, and Consultant 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. Consultant 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
F-3
Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) 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 Consultant or by any subcontractor.
(d)Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in 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. Consultant 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.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f)Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code
Section 1810.
(g)Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than 8 (eight) hours in any one calendar day and 40 (forty) 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 Consultant in excess of 8
(eight) hours per day, and 40 (forty) 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 1½ (one and one half) 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, Consultant 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.”
F-4
Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant 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. Consultant shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including 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. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 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 this Agreement.
Consultant 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 Consultant’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.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services 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, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the Contract Officer in the form of a Change Order.
1.7 Care of Work.
The Consultant shall adopt reasonable methods 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 may be caused by City’s own negligence.
F-5
1.8 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, 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.
1.9 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 Change Order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs 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 15% (fifteen percent)
of the Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the
Contract Officer through a written Change Order. Any greater increases, taken either separately
or cumulatively, must be approved by the City Council. It is expressly understood by Consultant
that the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant
anticipates and that Consultant shall not be entitled to additional compensation therefor. City
may in its sole and absolute discretion have similar work done by other Consultants. No claims
for an increase in the Contract Sum or time for performance shall be valid unless the procedures
established in this Section are followed.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
1.10 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.
F-6
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant 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 $345,600 Dollars) (the “Contract Sum”), unless additional
compensation is approved pursuant to Section 1.9. 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; (iii)
payment for time and materials based upon the Consultant’s rates as specified in the Schedule of
Compensation, provided that (a) time estimates are provided for the performance of sub tasks,
and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the
Schedule of Compensation.
2.2 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 Consultant 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
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.3 Invoices.
Each month Consultant shall furnish to City an original invoice, using the City template,
or in a format acceptable to the City, 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 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, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 45 (forty-five) 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
F-7
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.4 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
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.
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 through a Change
Order, but not exceeding 90 (ninety) 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 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 10 (ten) 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 (1)
year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”).
F-8
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Edgar Aceituno Project Manager
(Name) (Title)
Frank Bang President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only the personnel included in the Proposal 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, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant 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. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’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. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
F-9
The Contract Officer shall be Dan Trautner or such person as may be designated by Cory
Linder, Recreation and Parks Department Director. It shall be the Consultant’s responsibility to
assure that the Contract Officer is kept informed of the progress of the performance of the
services and the Consultant 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 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 herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor 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. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant 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 included
in the Proposal are deemed approved. 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 25% (twenty five percent) of the present ownership and/or control of
Consultant, 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 Consultant or any surety of Consultant of any liability
hereunder without the express consent of City.
ARTICLE 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.
F-10
(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.
(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.
F-11
(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 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 and continuously maintain 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.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for
F-12
nonpayment for which a 10 (ten) 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 required by
giving the Consultant 90 (ninety) 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.
F-13
To the full extent permitted by law, Consultant 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 Consultant, its officers, employees, agents, subcontractors, or 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, and in connection therewith:
(a) Consultant 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) Consultant 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
Consultant hereunder; and Consultant 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 Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant 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.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant 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 Consultant in the performance of professional
services 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 Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
F-14
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. Any and all such documents shall be
maintained in 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 three
(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 Consultant’s business,
custody of the books and records may be given to City, and access shall be provided by
Consultant’s successor in interest. Notwithstanding the above, the Consultant 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.
Consultant 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. Consultant 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, Consultant
agrees that if Consultant 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 Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant 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 Consultant, 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 Consultant 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 Consultant will be at the
City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the 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 Consultant fails to secure such assignment, Consultant shall indemnify
F-15
City for all damages resulting therefrom. 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.
6.4 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 City without prior written
authorization from the Contract Officer.
(b) Consultant, 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 Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then 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.
(d) Consultant shall promptly notify City should Consultant, 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 Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. 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 Consultant 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.
F-16
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 15 (fifteen) days, but may be extended, though not reduced, 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. 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 Consultant 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 Consultant’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.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(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 Consultant’s acts or omissions in performing or failing to perform Consultant’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 Consultant, 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 Consultant 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 Consultant 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.
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
F-17
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, Consultant shall file a statutory 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 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to 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. 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. 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, except as provided in Section 7.3. In the
event of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 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
F-18
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.
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 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.
8.2 Conflict of Interest.
Consultant 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 Consultant’s performance of services under this
Agreement. Consultant 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. Consultant 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 affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant 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.
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 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.
F-19
Consultant 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 Consultant 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, Consultant 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 Blvd., Rancho Palos Verdes, 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
72 (seventy two) hours from the time of mailing if mailed as provided in this section.
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 Consultant 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.
F-20
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. 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 _______
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) that 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]
F-21
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
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
F-22
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
F-23
□ □
□ □ □ □ □ □
□
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
F-24
□ □
□ □ □ □ □ □
□
EXHIBIT “A”
SCOPE OF SERVICES
F-25
Des,i gn, f.ab icaUo .and i st a Ila ion f sig -,ag: o r:
• 7 Cit y o n I e t sig 1s
• 9 Pa , entrywa y signs ( he firsHo ,b ins toiled no lo.t r than August 31., 2.022')
Ths k 1. Ass essm,ent; Pre-des igir111 Pmann 1ing
1.1 NT/ SN o o d u . a kic k•o ·· 1 ee ing to h elp c lar ify t e goa ls, of t e p ogra , ide ntify
li kely is,s,ues, an -chall eng,es ,a -d se a 'g,et it do ne' ,at i ude .
1.2 T/ S o r riew an y r la ed C it y do c um n rts, zo n i g . I ans an wo k-o -date rela t,ed o
t he proj ect.
1.3 T/ S, _ to dt.'rve lop a, rocess t o work coopera t ive ly w ith City staff ,and stakeho ld rs .
1.4 T t o r,eview n d develop a ·1o r ki -g tiowledge of com u ity, it 's, history, c 1l t r,e, ,a ts., etc.
1. to co n __ c a evie:w' of exist i 'g signag e wit hi ' a 0 d ad jacent _o he ro j ec t area.
ho ograph r,e rese t at ive sig age.
1.6 /ES-, o i de i fy al l of t he s,i -s tha eed t o e r em ov ed ais par of he n,ew s i ,n p g ram.
1.7 5 _ t o sco u al l _ w s,ig loc:a i o ns o i do t any c hall ng,es s uch els 11.ld la n w·i dt s. e crby
t rees,, elect rical, etc. t at ay be a c ha lie ge a t he pro·ec t mov,e . for N rd.
1.8 T t o con f ir -p roject sc h ed l e w it h the C i y an SN.
1.9 NT t o ev iew i d ings w ith Ci y sta ff.
~o k Products:
E a lu t io n of xis t i o d it io ns· P ,el im i ar y s,i, a e loca io s; Proj ec t sc hed I
F-26
Task 2 . Prog ram Design and Development
2 .1 H UNT • Evol ve a logic and strat egy for desig n, includ ing potentia l s ign types, word ing approach, an d
potential des ig n o pportu nities.
2 .2 H UNT to prepa re prelim ina ry sig n locat ion plans and demoli t ion plans.
2 .3 H UN T to deve lop 2 -3 distinct d esig n concep t r ende r ings t ha t exp ress th e c iv ic b rand strategy of i denti fy ing
entry poin t s t o t he City and Pa rk s . Explore vi sua l form for each s ign type, both ho ri zt i na l an d vertical opt ions
Des igns to be based on existing City co lors an d logo. Cons ider hi stor ic. contex tual and en vironm ental
qualit ies in the design p rocess. Pr ese nt u p to t hree concept ua l s ignage system the mes.
2.4 H UN T to review desi gn s to en su re compliance w ith Ca lifo r nia M U TCD, AASHTO and FHWA stand ards.
2 .5 Co lla borati on betwee n H unt a nd ESN throughout the p rocess to ensure const ructability o f the s ig nage .
2 .6 H UNT to prese nt in person, t he design s t o t he Ci ty se lection com mit tee.
2 .7 H UNT -Thro ugh one ro und of r efi nemen t, develop best of co ncept ual des i gns into reco m m ended desig ns .
2 .8 Cost estim at ing by ESN w ill be performed t hro ughout t he des ign process t o ensure sig n elemen t s c an be
man ufactured and in st alled w it h in b udget.
2 . 9 H UNT/ESN to co nduct o ne f in a I pre sent at ion to Cit y, i f needed.
Wo rk Pro ducts:
Ran cho Palos Verd es wayfinding strat egy st atement; Preliminary sig n lo cat ion plan s; V isual p rese nt atio ns of
co ncept a nd developed d es igns; and p rovid e Full-size pa per patterns for City ap prova l.
Task 3. Sig n Fabr icatio n
3.1 ESN to prepa re shop d ra w ings fo r r ev iew.
3.2 ESN to prepare colo r an d ma t eria l submittals for review.
3.3 ESN t o prepare design-intent fa b r icat ion and in stallat ion drawi ngs in cl uding det ails, sect ions and elevatio ns.
3.4 ESN t o prepare a phased implem enta t ion pl an .
3.5 ESN to get all structural enginee ring sta mped and delive red t o t he Ci t y for app roval.
3.6 ESN t o pull nec essa ry per m its for bui lding an d righ t-of-way perm its.
3.7 ESN to par tic ipat e in m ee ti ngs a nd agenc y pr esenta tions.
Wo rk Pro ducts:
Shop d rawings, Mat eri al samples: Col or sa m ples
F-27
Task 4. Installation
4 .1 ESN t o fiel d su rvey all locat i o ns.
4 .2 ESN to perfo rm demol ition of all signage designat ed in Task 2 for r emoval.
4 .3 ESN to coordinat e w ith C ity staff fo r i ns ta llat ions tha t may affect tr affic a nd provide traffic cont ro l plans to
t he Ci ty as ne cessary.
4 .4 ESN to install all monument signs per sp ec ificat ions .
4.5 ESN t o prov ide all as -built d rawi ngs t o t he Ci ty.
4 .6 ESN accompa nied by H un t Design to co nduct fi nal insp ection w i th City staff t o con firm both d esig n an d
fa b ricatio n.
4 .7 ESN to address po st ins ta llation commen ts from City.
Work Products:
• Inst all ed monument sig nage
EXHIBIT “B”
SPECIAL REQUIREMENTS
[INTENTIONALLY LEFT BLANK]
F-28
EXHIBIT “C”
SCHEDULE OF COMPENSATION
F-29
SCOPE OF SERVICES: DESIGN BUILD SIGNAGE PROJECT PWC REGISTRATION NO: 1000017285 / DGS SB (MICRO) : 2003760
ITEM MODEL DllilUPTION QUANmY UNIT PRICE AMOUNT
1.00 PROGRAM DESIGN & DEVELOPMENT
Pe r the Approach of Services detailed on the City and Park Entry Monument Signs Proposal
document da ted May 6, 2022, and after the project scope adjustm en ts requested by the
City on May 16, 2022, ESN will pro du ce des ign concepts, shop drawings, engine eri ng,
subminals, and material samples for City approval as per bid documents .
2.0 0 CITY E TRY GATEWAY SIGN
Fabricate and inmll 10'-0 " high non-i ll um in ated gateway signs as per bid documents
and as referenced on th e included desi gn sketches . The signs will include below grade
concrete foot ing with re in forcing stee l and steel supports as per engineerin g. The des ign
parame ters include sim ilar mate rials used on the Rancho Palos Ve rdes Reve rse Project :
Aluminum construction , 1 /8" aluminum skin , Weathered Steel, Solid Aluminum
dimensio nal lene rs, Polyurethan e Coatings, 3M Viny l, and CHPL mate ria l.
Vertical Design assumed .
300 PARK ENTRY MONUMENT SIGN
Fabricate and install 5'-6" high and below non-illuminated park en try signs as per bi d
documents and as referenced on th e included design sketches . The signs will include
below grade concrete footing with reinforc ing steel and steel supports as per engineering .
The design parameters in cl ude similar materials used on the Rancho Palos Verdes Reverse
Project : Aluminum construction, 1/8" alum inum skin , Wea the red Stee l, So lid Aluminum
dimensio nal lene rs, Polyurethan e Coatings, 3M Viny l, and CHPL materia l.
Horizontal Design assumed .
4.00 DEMO LI TION
Remove and dispose of exi sting signs incl uding concrete foundations as per bid documents .
PROPOSAL PRICE BASED ON :
1 . Preva i Ii ng wage rates .
l. Day time (9:00 AM -4:00 PM)
3. Price Escalation (Labor & Material) Good Up To June 23, 2022 .
$16,000.00 $16,000 .00
7 $18,780.00 $131,460.00
9 $16,860.00 $151,740.00
16 $2,900.00 $46,400.00
TOTAL BASE BID $345,600.00
EXHIBIT “D
Project Schedule
F-30
PROPOSED BASELINE PROJECT SCHEDULE REV(06-01-2022)
City of Rancho Palos Verdes -City and Park Entry Monument Signs
°"""'-• r-•-"1on 1n1tu.l'r, Mon ..,·1vu M:>n lo>'lrm Fn 1v11t
I# &lolift§llo!lll-••1 ......... ------
Ju ne!l.:..:
T Du,..itT St.rt 31 ~
0 I" C ty Ci Puk llfttry Moum•nt s1en1 llD day Mon i /U /2 Fri 1.1/11/n
•NTP No:t •Pt"oie(I:~ J'!ld~l-Mon6JlJ/l2 frll/19/U -~~-[~ ~~~~ •••••••••• t .fi••··········
· e.;::::~.... :::: ='~~~ ;:~; . ............... ........... ....................... J i,:"
ed;o,y< -.a/1~/11 u onw/n /i; • r---------------~ oil
~1~~~;~~~;•;:~",:, ;;; ;;;;; ~~;;In ·············································································································································· . 7 ·············································j,-~·-:----· ---_,,,,,,.
"Uisli"I SqnOi::molilion& ln.tallatian U d"Ys Mon B/H/12 Wed U/9/t2 1f-'--~~~~~'-'fl~.-.~.~.~. ~.-.'-+t~. ~~~~--i) °'
DemoEXlstll'ICS!O'l&lnsllll: CM<; Jdi-,S Mon8/'l!Nll W&dB,'Jl/22 ¼t%
C11nt<1r/u p potl>a.,1V1ain1Pa,ks1gn
:1%os::;.ineS1i,,sS 1n.nall Par1< L6Cl.1','S Mon~u MOnl0/17/U • . ·:· : : : : : : ·o,s
DEmoEXlstlr\lSllJISl ln5™1Cl;y 17d~s TuelO/IB{D. We<IU/9/22
Moni.ment~ens
• Fl'1i11Clea>-up ACIO!i@-OUb 2<Wys
Demobl1mion/flnBICle311·Up & 20ays ThlolU/10/22 f ri .11/11/22
C!osoe-oots
F~ J -11.-,i-'I °"""~ ''''''''''ci.-..t, ---._......,,-, ----------T----......... ,,,,,,,,,. (\lo,nj)I ..... ____ _, _____ ,_
......