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Crosstown Electrical & Data Inc - FY2021-004-01FOR REFERENCE ONLY: 20221009171 To be recorded. with County Recorder within. 1.5 days after completion. No recording Fee. RECORDING REQUESTED BY: City of Rancho Pales Verdes Attn: City Clerk 30940 Hawihorne Blvd Rancho Palos Verdes, CA 90275 AND WHEN RECORDED MAILTO: Same as above THIS SPACE FOR RECORDERS USE ONLY NOTICE OF COMPLETION (CA Civil Code 9204- Public Works') Notice is hereby given by the undersigned owner, a public entity of the State of California, that a public work of improvement has been completed, as follows: New traffic signal at Palos Verdes Drive South and Palos Project title or description of work: Verdes Drive East Tate of completion: October 4, 2022 Nature of owner: City of Rancho Palos Verdes (RPV) - Public works Dept Interest or estate of owner: awned by the City of RPV in fee simple absolute Address of owner: 30940 Hawthorne Blvd Rancho Palos Verdes Name of contractor: Crosstown Electrical & Data, Inc. Address of contractor: 5454 Diaz Street, Irwindale, CA 91706 Street address or legal description. of site: 3231 1/2 Palos Verdes Drive South, RPV, CA 90275 Elated: r �2 1 �Ci� Owner: Ci of Rancho Palos Verdes e o blit City) By: Title: Ara Mihranian., City Manager Mate ofCalifornia ) County of Los Angeles ) ss City of Rancho Palos Verdes ) T am the City Clerk of the City of Rancho Palos Verdes, the public entity which executed the foregoing notice and on whose behalf i rnakc this verification; i have react said notice, know its contents, and the sane is true. l certify under penalty of perjury that the foregoing is true and correct. Uxecuted at Rancho Palos Verdes , California on (Date) By: _ _ Title:Oereakaoka, City Clerk A- Revised 05/2019 A This page is part of your document - DO NOT DISCARD - 20221009171 Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 10/21/22 AT 12:10PM FEES TAXES OTHER Pa Og02: 0.00 0.00 0.00 PAID: 0.00 1111111111111111111111111111111111111111111111111111111111111111111 LEADSHEET 11111111111111111111111111111111111111111111111111 202210211010036 00022870488 013735302 SEQ: 01 SECURE innumiiiiDaily Time uniiumSensitive iu THIS FORM I=NOT .oaEDUPLICATED .13.202210211416 E464443 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTUAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES ("Amendment No 1")by and between the CITY OF RANCHO PALOS VERDES, a municipal corporation ("City") and CROSSTOWN ELECTRICAL & DATA, INC., a California corporation ("Contractor") is effective as of August 17, 2021 RECITALS A City and Contractor entered into that certain Agreement for Contractual Services dated July 7, 2020 ("Agreement") whereby Contractor agreed to provide for the construction of raised median, removal and replacement of asphalt concrete pavement, curb ramp, removal and replacement of Portland cement concrete sidewalk, signing and stnping, landscape and imgation modifications, and all items not mentioned but indicated in the Plans and Specifications (the "Services") for one year, for a Contract Sum of$205,478 B As the City prepared for construction, an oversight was discovered It was discovered that the Services did not include certain improvements needed at the project site in order to bring the area into compliance with the Americans with Disability Act ("ADA") Specifically, it was determined that the construction of wheel-chair accessible ramps, ADA- compliant traffic signal pushbuttons, and other improvements, were needed C The Contractor provided a proposal to complete the additional work for$63,799 D It has been determined that the difficulty in coordinating the Services and the additional work required between two contractors, in addition to the cost saved due to the Contractor's current work on the Services, would frustrate the competitive bidding process and result in an increased cost and burden on the City Under these circumstances, a competitive bidding process would not produce an advantage and the advertisement for competitive bids would be impractical D As such, City and Contractor now desire to amend the Agreement to include additional work in the Scope of Services and increase the Contract Sum accordingly by $63,799 to $269,277 TERMS 1 Contract Changes The Agreement is amended as provided herein Deleted text is indicated in strikethr-eugh and added text in bold italics a Section 2 1, "Contract Sum," is hereby amended to read "Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference The total compensation, including reimbursement for actual expenses, shall not exceed 01203 0006/683284 2 $269,277 (Two Hundred Sixty Nine Thousand Two Hundred Seventy Seven Dollars) ! ,- : - . . - . . . . . . - . • . . _- . - - s) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1 10 " b Exhibit"A", "Scope of Work", is replaced in its entirety with Exhibit"A", "Scope of Work, As Amended by Amendment No 1", attached hereto c Exhibit "C", "Schedule of Compensation," is replaced in its entirety with Exhibit "C", "Schedule of Compensation, As Amended by Amendment No 1", attached hereto d Section I of Exhibit "D", "Schedule of Performance," is amended as follows Days to Perform Deadline Date A Traffic Signal Installation 27 Days December 2021 B. Signing and Striping 3 Days December 2021 C Additional Work Pursuant to Amendment No. 1 21 Days December 2021 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 Contractor 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 wntten 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 Contractor 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 matenal default under the Agreement City represents and warrants to Contractor that, as of the date of this Amendment No 1, Contractor is not in default of any matenal 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 matenal 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 01203 0006/683284 2 -2- 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] 01203 0006/683284 2 -3- 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 %.11, Q'_ 1...„0,..9 \,LA.. Eric Alegria, M yor ATTEST C-1_- "----_ .. eresa Takaoka, City Clerk APPROVED AS TO FORM. ALESHIRE& WYNDER, LLP (.). William W W er, City Attorney CONTRACTOR CROSSTOWN ELECTRICAL & DATA, INC , a Califo- la co is oration BY ‘._ ..ki_ / Name 10.vid ' Heermance Title 'resident By '61110/11--- 14�tlJ�- Name enjamin eermance Title C F O Address 5454 Diaz St Irwindale, CA 91706 Two corporate officer signatures required when Consultant is a corporation,with one signature required from each of the following groups 1)Chairman of the Board,President or any Vice President,and 2)Secretary,any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY 01203 0006/683284 2 -4- ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document County te of StCaiifornia Los Angeles On August 12, 2021 before me, Shalea Berry, Notary Public (insert name and title of the officer) personally appeared David P. Heermance who proved to me on the basis of satisfactory evidence to be the person(* whose name(z) is/arc subscribed to the within instrument and acknowledged to me that he/may executed the same in his/MINNIE0 authorized capacity(i ), and that by his/PIr signature(S) on the instrument the person(N), 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 MEA oayucaoi Los Angeles County �y Commission 2261212 SLP My Comm Expires Mar 16 2023 SSignature ,e, (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document County Stte ofof California Los Angeles ) On August 12, 2021 before me, Shalea Berry, Notary Public (insert name and title of the officer) personally appeared Benjamin Heermance who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/gPRINien executed the same in his/h authorized capacity(an), and that by his/KgiltiMr 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 MiALEARRRY,„� _ yuca 1 [a Los Angeles County _ Commission;2281272 °' My Comm Expires Mar 16 2023 _I. Signature _ �i (Seal) EXHIBIT "A" SCOPE OF WORK As Amended by Amendment No. 1 I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the "General Provisions" and "Special Provisions" included in the bid documents for the project entitled Palos Verdes Drive South at Palos Verdes Drive East Traffic Signal Installation Project, including any documents or exhibits referenced therein Consultant shall also perform the work and comply with all of the specifications and requirements in the "Notice to Contractor" dated June 30, 2020 for the project entitled Palos Verdes Drive South at Palos Verdes Drive East Traffic Signal Installation Project, including any documents or exhibits referenced therein II Brief description of the work to be performed Contractor shall furnish all necessary labor, materials, equipment and other incidental and appurtenant work necessary to provide construction of raised median, removal and replacement of AC pavement, curb ramp, removal and replacement of PCC sidewalk, signing and striping, landscape and imgation modifications, and all items not mentioned but indicated in the Plans and Specifications In addition, Contractor shall compete the work described in the "Notice to Contractor" dated June 30, 2020, to include the installation of new pedestrian and equestrian crossing at the intersection which includes the installation of new traffic signal poles, pedestrian indications, pedestrian and equestrian push buttons, wiring, crosswalk, curb ramps, sidewalk, median nose modification, and adjust pull box to grade III In addition to the requirements of Section 6 2, during performance of the work,Contractor will keep the City apprised of the status of performance by delivering the following status reports A Standard Daily Reports B Weekly Progress Reports C Certified Payroll records IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition 01203 0006/683284 2 EXHIBIT "C" SCHEDULE OF COMPENSATION As Amended by Amendment No. 1 I Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor's Proposal, and listed below ITEM DESCRIPTION ESTIMATED UNIT PRICE EXTENDED NO QUANTITY UNIT AMOUNT 1 TRAFFIC SIGNAL 1 LS $199,003 00 $199,003 00 INSTALLATION COMPLETE PER PLAN 2 SIGNING AND 1 LS $6,475 00 $6,475 00 STRIPING COMPLETE PER PLAN 3 MODIFY THE 1 EA $10,960 00 $10,960 00 MEDIAN NOSE PER DETAIL "E" OF THE PLANS 4 CONSTRUCT CASE 2 EA $11,257 00 $22,514 00 A TYPE 3 CURB RAMPS 5 CONSTRUCT TYPE 1 EA $11,257 00 $11,257 00 B CURB RAMP 6 CONSTRUCT PCC 250 SQFT $10 60 $2,650 00 SIDEWALK 7 ADJUST PULL BOX 2 EA $300 00 $600 00 TO GRADE 8 FURNISH AND 2 EA $4,000 00 $8,000 00 INSTALL TYPE 1-A (7') TRAFFIC SIGNAL POLE 9 FURNISH AND 1 LS $1,300 00 $1,300 00 INSTALL 01203 0006/683284 2 ADDITIONAL TRAFFIC SIGNAL WIRING PER THE PLAN 10 INSTALL 12" WHITE 1 LS $1,078 00 $1,078 00 CROSSWALK PER THE PLAN 11 FURNISH AND 4 EA $330 00 $1,320 00 INSTALL PEDESTRIAN PUSHBUTTONS 12 INSTALL 4 EA $330 00 $1,320 00 EQUESTRIAN PUSHBUTTONS 13 FURNISH AND 4 EA $700 00 $2,800 00 INSTALL PEDESTRIAN INDICATIONS TOTAL FOR BID SCHEDULE $269,277 00 II. A retention of five percent(5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services III Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item's subbudget to another so long as the Contract Sum is not exceeded per Section 2 1, unless Additional Work is approved per Section 1 10 IV The City will compensate Contractor for the Services performed upon submission of a valid invoice Each invoice is to include A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate B. Line items for all materials and equipment properly charged to the Services C. Line items for all other approved reimbursable expenses claimed, with supporting documentation 01203 0006/683284 2 D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services V. The total compensation for the Services shall not exceed the amount provided in Section 2 1 of this Agreement 01203 0006/683284 2 PUBLIC WORKS AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and CROSSTOWN ELECTRICAL & DATA, INC 01203 0006/65 228 1 I AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND CROSSTOWN ELECTRICAL & DATA, INC THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein `Agreement") is made and entered into on July 7, 2020 by and between the City of Rancho Palos Verdes, a California municipal corporation ( City') and Crosstown Electrical & Data, Inc , a California corporation ("Contractor") City and Contractor may be referred to, individually or collectively, as "Party" or `Parties " RECITALS A City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and descnbed particularly in Article 1 of this Agreement B Contractor, following submission of a proposal or bid for the performance of the services defined and descnbed 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 authonty to enter into and execute this Agreement D The Parties desire to formalize the selection of Contractor for performance of those services defined and descnbed particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and descnbed herein OPERATIVE PROVISIONS NOW,THEREFORE,in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows ARTICLE 1 WORK OF CONTRACTOR 1 1 Scope of Work In compliance with all terms and conditions of this Agreement,the Contractor shall provide those services specified in the "Scope of Work" attached hereto as Exhibit 'A" and incorporated herein by this reference, which may be referred to herein as the services'or'work" hereunder As a matenal inducement to the City entenng into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner,and is experienced in performing the work and services contemplated herein Contractor shall at all times faithfully, competently and to the best of its ability, expenence and talent, perform all services descnbed herein Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all matenals will be both of good quality as well as fit for the purpose intended For purposes of this -1- 01203 0006/652281 I 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 Bid Documents The Scope of Work shall include the `General Provisions"and `Special Provisions' in the bid documents for the project entitled Palos Verdes Drive South at Palos Verdes Drive East Traffic Signal Installation Project, including any documents or exhibits referenced therein (collectively, "bid documents"), all of which are incorporated herein by this reference In the event of any inconsistency between the terms of the bid documents and this Agreement,the terms of this Agreement shall govern 1 3 Compliance with Law Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered 1 4 Compliance with California Labor Law (a) Public Work The Parties acknowledge that the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ( DIR") implementing such statutes The work performed under this Agreement is subject to compliance monitonng and enforcement by the DIR Contractor shall post job site notices, as prescnbed by regulation (b) Prevailing Wages Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771 Pursuant to Labor Code Section 1773 2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request By initiating any work under this Agreement,Contractor acknowledges receipt of a copy of the Department of Industnal Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement (c) Penalty for Failure to Pay Prevailing Wages Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor (d) Payroll Records Contractor shall comply with and be bound by the provisions of Labor Code Section 1776,which requires Contractor and each subcontractor to keep -2- 01203 0006/652281 1 accurate payroll records and venfy such records in wnting 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 Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777 5, 1777 6,and 1777 7 and California Code of Regulations Title 8, Section 200 et seq concerning the employment of apprentices on public works projects Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations Pnor to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program Within sixty(60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a venfied statement of the journeyman and apprentice hours performed under this Agreement (f) Eight-Hour Work Day Contractor acknowledges that eight (8) hours labor constitutes a legal day's work Contractor shall comply with and be bound by Labor Code Section 1810 (g) Penalties for Excess Hours Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day dunng which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty(40) hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the Labor Code Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty(40)hours dunng any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (11/4)times the basic rate of pay (h) Workers' Compensation California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows `I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-msurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract" Contractor s Authorized Initials la)0 (i) Contractor's Responsibility for Subcontractors For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)of the California Labor Code,and shall make such compliance a requirement in any contract -3- 01203 0006/652281 1 with any subcontractor for work under this Agreement Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor 1 5 Licenses, Permits, Fees and Assessments Contractor shall obtain at its sole cost and expense such licenses, permits, registrations,and approvals as may be required by law for the performance of the services required by this Agreement Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall mdemmfy, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder 1 6 Familiarity with Work (a) By executing this Agreement, Contractor warrants that Contractor (i)has thoroughly investigated and considered the scope of work to be performed,(ii)has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing,prior to commencement of services hereunder (b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any (i) matenal Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law, (ii) subsurface, unknown or latent conditions, materially different from those indicated, or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder (c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ,or do involve hazardous waste,and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1 10 of this Agreement (d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set,but shall proceed with all work to be performed under the Agreement Contractor shall retain any and all rights provided -4- 01203 0006/652281 1 either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties (e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1 10 of this Agreement 1 7 Protection and Care of Work and Materials The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, dunng the life of the Agreement to furnish continuous protection to the work,and the equipment,materials,papers,documents,plans,studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City's own negligence Stored materials shall be reasonably accessible for inspection Contractor shall not,without City's consent, assign, sell, mortgage, hypothecate,or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work 18 Warranty Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship Contractor agrees that for a period of one year(or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later)after the date of final acceptance,Contractor shall within ten(10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense Contractor shall act as soon as requested by the City in response to an emergency In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work Contractor shall perform such tests as the City may require to verify that any corrective actions, including,without limitation,redesign,repairs,and replacements comply with the requirements of the Agreement All costs associated with such corrective actions and testing, including the removal, replacement,and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense -5- 01203 5- 01203 0006/6)2281 I Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand 1 9 Further Responsibilities of Parties Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement Unless hereafter specified, neither party shall be responsible for the service of the other 1 10 Additional Work and Change Orders (a) City shall have the right at any time dunng the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering,adding to or deducting from said work No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor ( Change Order") All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less, or any increase in the time to perform of up to one hundred eighty(180) days, and does not materially affect the Work and which are not detnmental to the Work or to the interest of the City, may be approved by the Contract Officer Any greater increases, taken either separately or cumulatively, must be approved by the City Council (c) Any adjustment in the Contract Sum for a Change Order must be m accordance with the rates set forth in the Schedule of Compensation in Exhibit C" If the rates in the Schedule of Compensation do not cover the type of work in the Change Order,the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows (i) Labor the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done The use of labor classifications that would increase the cost of such work shall not be permitted (ii) Materials and Equipment the cost of matenals and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order The daily report must include list of names of workers, classifications, and hours worked, descnption and list of quantities of materials used, type of -6- 01203 0006/652281 1 equipment, size, identification number, and hours of operation, including loading and transportation, if applicable,description of other City authorized services and expenditures in such detail as the City may require Failure to submit a daily report by the close of the next working day may, at the City s sole and absolute discretion, waive the Contractor's rights for that day (d) It is expressly understood by Contractor that the provisions of this Section 1 10 shall not apply to services specifically set forth in the Scope of Work Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor City may in its sole and absolute discretion have similar work done by other contractors (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed 1 11 Special Requirements Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the `Special Requirements"attached hereto as Exhibit `B"and incorporated herein by this reference In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this Agreement, the provisions of Exhibit"B" shall govern ARTICLE 2 COMPENSATION AND METHOD OF PAYMENT 2 1 Contract Sum Subject to any limitations set forth in this Agreement,City agrees to pay Contractor the amounts specified in the `Schedule of Compensation" attached hereto as Exhibit `C" and incorporated herein by this reference The total compensation, including reimbursement for actual expenses, shall not exceed $205,478 (Two Hundred Five Thousand Four Hundred Seventy- Eight Dollars) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1 10 2 2 Method of Compensation The method of compensation may include (i) a lump sum payment upon completion, (ii)payment m accordance with specified tasks or the percentage of completion of the services less the contract retention, (i►►) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded, or(iv) such other methods as may be specified in the Schedule of Compensation 2 3 Reimbursable Expenses Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance,or actual subcontractor expenses of an approved subcontractor pursuant to Section 4 5, -7- 01203 0006/652281 1 and only if specified in the Schedule of Compensation The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City Coordination of the performance of the work with City is a cntical component of the services If Contractor is required to attend additional meetings to facilitate such coordination,Contractor shall not be entitled to any additional compensation for attending said meetings 2 4 Invoices Each month Contractor shall furnish to City an ongmal invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement The invoice shall contain all information specified in Exhibit"C' ,and shall detail charges for all necessary and actual expenses by the following categories labor (by sub-category), travel, matenals, equipment, supplies, and sub-contractor contracts Sub-contractor charges shall also be detailed by such categories Contractor shall not invoice City for any duplicate services performed by more than one person City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are m compliance with the provisions of this Agreement Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7 3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor's correct and undisputed invoice, however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time penod In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104 50 In the event any charges or expenses are disputed by City, the onginal invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any nghts or remedies provided herein or any applicable law 2 5 Waiver Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor ARTICLE 3 PERFORMANCE SCHEDULE 3 1 Time of Essence Time is of the essence in the performance of this Agreement 3 2 Schedule of Performance Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in -8- 01203 0006/6)2281 1 the `Schedule of Performance" attached hereto as Exhibit `D' and incorporated herein by this reference When requested by the Contractor, extensions to the time penod(s) specified m the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively 3 3 Force Majeure The time period(s)specified m the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including,but not restricted to,acts of God or of the public enemy,unusually severe weather,fires, earthquakes, floods, epidemics, quarantine restnctions, riots, strikes, freight embargoes, wars, litigation,and/or acts of any governmental agency, including the City,if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section 3 4 Inspection and Final Acceptance City may inspect and accept or reject any of Contractor's work under this Agreement, either during performance or when completed City shall reject or finally accept Contractor's work within forty-five(45) days after submitted to City City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected City s acceptance shall be conclusive as to such work except with respect to latent defects,fraud and such gross mistakes as to amount to fraud Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including,but not limited to, Articles 1 and 5,pertaining to warranty and indemnification and insurance, respectively 3 5 Term Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit"D") ARTICLE 4 COORDINATION OF WORK 4 1 Representatives and Personnel of Contractor The following principals of Contractor ("Principals") are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith -9- 01203 0006/652281 1 David P Heermance President (Name) (Title) Wendy Parker Vice President (Name) (Title) Andrea Heermance Secretary (Name) (Title) It is expressly understood that the experience,knowledge,capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement Therefore, the Pnncipals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement Contractor shall notify City of any changes in Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance 4 2 Status of Contractor Contractor shall have no authonty to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's officers, employees, or agents are in any manner officials, officers, employees or agents of City Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City s employees Contractor expressly waives any claim Contractor may have to any such rights 4 3 Contract Officer The Contract Officer shall be Elias Sassoon, Director of Public Works, and Ron Dragoo, City Engineer, or such person as may be designated by the City Manager It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer The Contract Officer shall have authonty, if specified in wnting by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement -10- 01203 0006/652281 I 4 4 Independent Contractor Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor,its agents or employees,perform the services required herein, except as otherwise set forth herein City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City City shall not m any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a point venturer or a member of any joint enterprise with Contractor 4 5 Prohibition Against Subcontracting or Assignment The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement Therefore, Contractor shall not contract with any other entity to perform m whole or in part the services required hereunder without the express wntten approval of the City All subcontractors shall obtain,at its or Contractor's expense,such licenses,permits, registrations and approvals(including from the City) as may be required by law for the performance of any services or work under this Agreement In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,without the prior written approval of City Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City ARTICLE 5 INSURANCE,INDEMNIFICATION AND BONDS 5 1 Insurance Coverages Without limiting Contractor's indemnification of City,and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense dunng the term of this Agreement,policies of insurance of the type and amounts descnbed below and in a form satisfactory to City (a) General liability insurance Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury,personal injury,and property damage The policy must include contractual liability that has not been amended Any endorsement restricting standard ISO insured contract" language will not be accepted -11- 01203 0006/652281 1 (b) Automobile liability insurance Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covenng bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than$1,000,000 combined single limit for each accident (c) Professional liability (errors & omissions) insurance Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a penod no less than three(3) years after completion of the services required by this Agreement (d) Workers' compensation insurance Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least$1,000,000) (e) Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor All coverages for subcontractors shall include all of the requirements stated herein (f) Additional Insurance Policies of such other insurance, as may be required in the Special Requirements in Exhibit `B" 5 2 General Insurance Requirements (a) Proof of insurance Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance Current certification of insurance shall be kept on file with City at all times dunng the term of this Agreement City reserves the right to require complete, certified copies of all required insurance policies, at any time (b) Duration of coverage Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injunes to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors (c) Pnmary/noncontnbuting Coverage provided by Contractor shall be pnmary and any insurance or self-insurance procured or maintained by City shall not be required to contnbute with it The limits of insurance required herein may be satisfied by a combination of pnmary 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 -12- 01203 0006/6)228I I (d) City's rights of enforcement In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments In the alternative, City may cancel this Agreement (e) Acceptable insurers All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager (f) Waiver of subrogation All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their nght of recovery prior to a loss Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors (g) Enforcement of contract provisions (non-estoppel) Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder (h) Requirements not limiting Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City (i) Notice of cancellation Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage (l) 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 -13- 01203 0006/65228I I (k) Prohibition of undisclosed coverage limitations None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing (1) Separation of insureds A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability The policy(ies) shall not contain any cross-liability exclusions (m) Pass through clause Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged m the project will be submitted to City for review (n) Agency's right to revise specifications The City reserves the nght at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor mnety (90) days advance written notice of such change If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation (o) Self-insured retentions Any self-insured retentions must be declared to and approved by City City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible Self-insurance will not be considered to comply with these specifications unless approved by City (p) Timely notice of claims Contractor shall give City prompt and timely notice of claims made or suits instituted that anse out of or result from Contractor's performance under this Agreement,and that involve or may involve coverage under any of the required liability policies (q) Additional insurance Contractor shall also procure and maintain,at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work 5 3 Indemnification To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers,employees and agents( Indemnified Parties")against,and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work,operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable("indemnitors'),or arising from Contractor s or indemnitors' -14- 0I 203 0006/652281 1 reckless or willful misconduct,or arising from Contractor's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith, (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or m connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom, (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys fees In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful nght to sell the same Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City s negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement 5 4 Notification of Third-Party Claims City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification -15- 01203 0006/652281 1 5 5 Performance and Labor Bonds Concurrently with execution of this Agreement Contractor shall deliver to the City, the following (a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk,which secures the faithful performance of this Agreement (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement Both the performance and labors bonds required under this Section 5 5 shall contain the origmal notanzed signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement 5 6 Sufficiency of Insurer or Surety Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated 'A"or better in the most recent edition of Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager') due to unique circumstances If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased nsk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5 5 may be changed accordingly upon receipt of written notice from the Risk Manager 5 7 Substitution of Securities Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor 5 8 Release of Securities City shall release the Performance and Labor Bonds when the following have occurred (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement, -16- 01203 0006/652281 1 (b) the Work has been accepted, and (c) after passage of the time within which hen claims are required to be made pursuant to applicable laws, if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law ARTICLE 6 RECORDS, REPORTS,AND RELEASE OF INFORMATION 61 Records Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the `books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services Any and all such documents shall be maintained in 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 nght to inspect, copy, audit and make records and transcnpts from such records Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required In the event of dissolution of Contractor's business, custody of the books and records may be given to City, and access shall be provided by Contractor's successor in interest Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act 6 2 Reports Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement For this reason,Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor-is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated mcreased or decreased cost estimate for the project being designed 6 3 Ownership of Documents All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the `documents and materials") prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim -17- 01203 0006/652281 1 for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to such use, reuse or assignment Contractor may retain copies of such documents for its own use Contractor shall have an unrestncted right to use the concepts embodied therein All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom Moreover, Contractor with respect to any documents and matenals 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) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior wntten authorization from the Contract Officer (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney,voluntanly provide documents,declarations,letters of support,testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Contractor's conduct (d) Contractor shall promptly notify City should Contractor,its officers, employees,agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, mterrogatones, request for admissions or other discovery —request,court order or subpoena from-any party regarding this Agreement and the work performed there under City retains the right, but has no obligation, to represent Contractor or be present at any deposition, heanng or similar proceeding Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response -18- 0 1 203 0006/65228I I 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 ansing out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court m the event of such action In the event of litigation in a U S District Court, venue shall lie exclusively in the Central Distnct of California, in the County of Los Angeles, State of California 7 2 Disputes (a) Default, Cure In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default Instead, the City may give notice to Contractor of the default and the reasons for the default The notice shall include the timeframe in which Contractor may cure the default This timeframe is presumptively thirty(30) days, but may be extended, though not reduced, if circumstances warrant During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured In the alternative, the City may, in its sole discretion,elect to pay some or all of the outstanding invoices during the penod of default If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article Any failure on the part of the City to give notice of the Contractor's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement (b) Dispute Resolution This contract is subject to the provisions of Article 1 5 (commencing at Section 20104)of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000 Article 1 5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation This Agreement hereby incorporates the provisions of Article 1 5 as though fully set forth herein 7 3 Retention of Funds Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not ansing out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear -19- 01203 0006/652281 1 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 nght to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein 7 4 Waiver Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement No delay or omission in the exercise of any nght or remedy by a non-defaulting party on any default shall impair such nght or remedy or be construed as a waiver Any waiver by either party of any default must be in wntmg 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 nghts and remedies expressly declared to be exclusive in this Agreement, the nghts and remedies of the parties are cumulative and the exercise by either party of one or more of such nghts or remedies shall not preclude the exercise by it, at the same or different times, of any other nghts or remedies for the same default or any other default by the other party 7 6 Legal Action In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement Notwithstanding any contrary provision herein,Contractor shall file a claim pursuant to Government Code Sections 905 et seq and 910 et seq , in order to pursue a legal action under this Agreement 7 7 Liquidated Damages Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Six Hundred Dollars ($600) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified m the Schedule of Performance (Exhibit` D") The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities -20- 01203 0006/652281 1 7 8 Termination Prior to Expiration of Term This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause The City reserves the right to terminate this Contract at any time, with or without cause, upon fourteen (14) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the penod of notice may be such shorter time as may be determined by the Contract Officer In addition,the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days written notice to City,except that where termination is due to the fault of the City,the period of notice may be such shorter time as the Contractor may determine Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer Except where the Contractor has initiated termmation, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter m accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided m Section 7 3 In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder In the event of termination without cause pursuant to this Section,the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7 2 7 9 Termination for Default of Contractor If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7 2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated 7 10 Attorneys' Fees If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred m such litigation All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment 7 11 Unfair Business Practices Claims In entering into this Agreement, Contractor offers and agrees to assign to the City all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton -21- 01203 0006/652281 1 Act (15 U S C § 15) or under the Cartwnght Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or matenals related to this Agreement This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties ARTICLE 8 CITY OFFICERS AND EMPLOYEES NON-DISCRIMINATION 8 1 Non-liability of City Officers and Employees No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement 8 2 Conflict of Interest Contractor covenants that neither it, nor any officer or pnncipal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict m any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Agreement Contractor further covenants that in the performance of this Agreement,no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express wntten consent of the Contract Officer Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City m the performance of this Agreement No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation,partnership or association in which he is,directly or indirectly, interested, m violation of any State statute or regulation The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement 8 3 Covenant Against Discrimination Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discnmination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual onentation, mantal status, national ongm, ancestry, or other protected class m the performance of this Agreement Contractor shall take affirmative action to insure that applicants are employed and that employees are treated dunng employment without regard to their race, color, creed, religion, sex, gender, sexual onentation, manta) status, national ongin, ancestry, or other protected class 8 4 Unauthorized Aliens Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U S C § 1101 et seq , as amended, and in connection therewith, shall not employ unauthonzed aliens as defined therein Should Contractor so employ -22- 01203 22- 01203 0006/65 228 1 1 such unauthonzed aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City ARTICLE 9 MISCELLANEOUS PROVISIONS 91 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 wnting and either served personally or sent by prepaid, first-class mail, m the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement Either party may change its address by notifymg the other party of the change of address in wntmg Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section All correspondence relating to this Agreement shall be serialized consecutively 9 2 Interpretation The terms of this Agreement shall be construed in accordance with the meaiung 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 onginal, 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 wnting and approved by the Contractor and by the City Council The parties agree that this requirement for wntten modifications cannot be waived and that any attempted waiver shall be void 9 5 Severability In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this -23- 0 1203 0006/65228 1 1 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 depnves either party of the basic benefit of their bargain or renders this Agreement meaningless 9 6 Warranty & Representation of Non-Collusion No official,officer,or employee of City has any financial interest,direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation The determination of "financial interest" shall be consistent with State law and shall not include interests found to be `remote" or `noninterests" pursuant to Government Code Sections 1091 or 1091 5 Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement Contractor further warrants and represents that (s)he/it has not engaged in any act(s),omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect Contractor s Authorized Initials 9 7 Corporate Authority The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entenng into this Agreement does not violate any provision of any other Agreement to which said party is bound This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties [SIGNATURES ON FOLLOWING PAGE] -24- 01203 0006/652281 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above wntten CITY CITY OF RANCHO PALOS VERDES, a munic al co oration ✓VV v John Cru hank, Mayor ATTEST milt'Colborn, City Clerk APPROVED AS TO FORM ,, ALESHIRE & WYNDER,LLP ` IA)dY !tet/ \ William W Wynder, City Attorney , , CONTRACTOR CROSSTOWN ELECTRICAL & D. TA, INC Byp/44 Name A avid P Heermance Title President By ��C/ ' / / — I ' �� ^, Name Wen. Parker Title Vice President Address 5454 Diaz St Irwindale, CA 91706 J Two corporate officer signatures required when Contractorlis a corporation,with one signature required from each of the following groups 1)Chairman of the Board,President or any Vice President,and 2)Secretary,any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY r Se. I' Gked -25- 01203 0006/652281 1 , ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document Coaun yte ocalifornia Los Angeles ) ty On June 29, 2020 before me, Shalea Berry, Notary Public (insert name and title of the officer) personally appeared David Heermance who proved to me on the basis of satisfactory evidence to be the person(%whose name(%) is/aaex subscribed to the within instrument and acknowledged to me that he/i>M IWy executed the same in his/tICO Ac authorized capacity(i), and that by his/P1M19c6r signature(4) on the instrument the person(%, 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 a'" ," Hoary bl�ic�CaRtorma ;;M Los Angeles County Commission x 2281272 My Comm Expires Mar 16 2023 Signature \5 5V-if (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document StCoute nty of CalifornialLos Angeles ) On June 29, 2020 before me, Shalea Berry, Notary Public (insert name and title of the officer) personally appeared Wendy Parker who proved to me on the basis of satisfactory evidence to be the person(%whose name(%) is/ar c subscribed to the within instrument and acknowledged to me that weisheattel executed the same in DG1t/her/WM authorized capacity(uss), and that by DGX/her/fb(signature() on the instrument the person(%, or the entity upon behalf of which the person(g) 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 SHALEA 6ERRY WITNESS my hand and official seal '`'. Notary Public Calrforma I i _ Los Angeles County f. Commission=2281272 1 /� i_ °' My Comm Expires Mar 16 2023 Signature �S / 7 (Seal) 9 �� EXHIBIT "A" SCOPE OF WORK I Contractor shall perform all of the work and comply with all of the specifications and requirements in the `General Provisions" and `Special Provisions" included in the bid documents for the project entitled Palos Verdes Drive South at Palos Verdes Drive East Traffic Signal Installation Project, including any documents or exhibits referenced therein II Bnef descnption of the work to be performed Contractor shall funush all necessary labor, matenals, equipment and other incidental and appurtenant work necessary to provide construction of raised median, removal and replacement of AC pavement, curb ramp, removal and replacement of PCC sidewalk, signing and striping, landscape and imgation modifications, and all items not mentioned but indicated in the Plans and Specifications III In addition to the requirements of Section 6 2,during performance of the work,Contractor will keep the City appnsed of the status of performance by delivenng the following status reports A Standard Daily Reports, containing the date, location of work, weather, work accomplished, workforce utilized, hours worked, equipment utilized, and any significant events B Weekly Progress Reports, summanzing the results of the applicable Daily Reports C Certified Payroll records IV All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City V Contractor shall provide safe and continuous passage for pedestnan and vehicular traffic in accordance with the Work Area Traffic Control Handbook(WATCH), latest edition 01203 0006/652281 1 A-1 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) 01203 0006/652281 1 B-1 EXHIBIT "C" SCHEDULE OF COMPENSATION I Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor's Proposal, and listed below ITEM DESCRIPTION ESTIMATED UNIT PRICE EXTENDED NO QUANTITY UNIT AMOUNT 1 TRAFFIC SIGNAL 1 LS $199,003 $199,003 INSTALLATION COMPLETE PER PLAN 2 SIGNING AND 1 LS $6,475 $6,475 STRIPING COMPLETE PER PLAN TOTAL FOR BID SCHEDULE $205,478 II A retention of five percent(5%)shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services III Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item's subbudget to another so long as the Contract Sum is not exceeded per Section 2 1, unless Additional Work is approved per Section 1 10 IV The City will compensate Contractor for the Services performed upon submission of a valid invoice Each invoice is to include A Line items for all personnel descnbing the work performed, the number of hours worked, and the hourly rate B Line items for all materials and equipment properly charged to the Services C Line items for all other approved reimbursable expenses claimed, with supporting documentation D Line items for all approved subcontractor labor, supplies, equipment, matenals, and travel properly charged to the Services V The total compensation for the Services shall not exceed $205,478 as provided m Section 2 1 of this Agreement 01203 0006/652281 1 C-1 EXHIBIT"D" SCHEDULE OF PERFORMANCE I Contractor shall perform all work timely in accordance with the following schedule Days to Perform Deadline Date A Traffic Signal Installation 27 Days December 2021 Following Notice to Proceed B Signing and Striping 3 Days December 2021 Following Completion of Installation II Contractor shall deliver the following tangible work products to the City by the following dates A Daily Reports will be completed on a daily basis, and delivered to the City once a week Daily Reports must be delivered and accepted pnor to any progress payment up until the date that work is being invoiced for B Weekly Reports will be submitted to the City with the Daily Reports for each week C Certified payroll will be delivered to the City twice a month Certified payroll must be delivered and accepted pnor to any progress payment up until the date that work is being invoiced for III The Contract Officer may approve extensions for performance of the services in accordance with Section 3 2 01203 0006/6)2281 1 D-1 PERFORMANCE BOND WHEREAS, the CITY OF RANCHO PALOS VERDES, ( City"), has awarded to , as Contractor (`Principal"), a Contract for the work entitled and descnbed as follows WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract, NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City m the sum of ($ ), this amount being not less than one hundred percent(100%)of the total Contract pnce, lawful money of the United States of Amenca, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, Jointly and severally,firmly by these presents In case suit is brought upon this bond,the Surety will pay a reasonable attorney's fee to the City in an amount to be fixed by the court THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided,all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change,extension of time,alteration,or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder Executed on 20 PRINCIPAL (Seal if Corporation) By Title (Attach Acknowledgment of Authonzed Representative of Principal) 01203 0006/65228I I D-1 Any claims under this bond may be addressed to (name and address of Surety) (name and address of Surety's agent for service of process m California, if different from above) (telephone number of Surety's agent in California) (Attach Acknowledgment) SURETY By (Attorney-in-Fact) APPROVED (Attorney for CITY) NOTICE No substitution or revision to this bond form will be accepted Sureties must be authonzed to do business in and have an agent for service of process in California Certified copy of Power of Attorney must be attached 01203 0006/652281 1 D-2 PAYMENT BOND (Labor and Material Bond) WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City"), has awarded to , as Contractor (`Principal"), a Contract for the work entitled and descnbed as follows WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, matenal men, and other persons as provided by law, NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ($ ), this amount being not less than one hundred percent (100%) of the total Contract pnce, lawful money of the United States of Amenca, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally,firmly by these presents In case suit is brought upon this bond,the Surety will pay a reasonable attorney's fee to the City in an amount to be fixed by the court THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay (1) for any work,matenals,services,provisions,provender,or other supplies,or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind, (2) for work performed by any of the persons named in Civil Code Section 9100, (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, and/or(4)for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor,then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond,otherwise the above obligation shall be void This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder 012030006/652281/ Executed on , 20 PRINCIPAL (Seal if Corporation) By Title (Attach Acknowledgment of Authonzed Representative of Principal) Any claims under this bond may be addressed to (name and address of Surety) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent in California) (Attach Acknowledgment) SURETY By (Attorney-in-Fact) APPROVED (Attorney for CITY) NOTICE No substitution or revision to this bond form will be accepted Sureties must be authonzed to do business in and have an agent for service of process in California Certified copy of Power of Attorney must be attached 01203 0006/65228/1 WORKERS COMPENSATION INSURANCE CERTIFICATE Description of Contract City of Rancho Palos Verdes Project Type of Insurance Workers' Compensation and Employers' Liability Insurance THIS IS TO CERTIFY that the following policy has been issued by the below-stated company m conformance with the requirements of Article 5 of the Contract and is m force at this time, and is m a form approved by the Insurance Commissioner The Company will give at least 30 days' wntten notice to the City and Engmeer/Architect pnor to any cancellation of said policy POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY Workers'Compensation Statutory Limits Under the Laws of the State of California Employers'Liability $ Each Accident $ Disease-Policy Limit $ Disease-Each Employee Named Insured (Contractor) Insurance Company Street Number Street Number City and State City and State By (Company Representative) (SEE NOTICE ON NEXT PAGE) 012030006/6522811 Insurance Company Agent for Service of Process in California Name Agency Street Number City and State Telephone Number This certificate is issued as a matter of information only and confers no nghts upon the certificate holder This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy descnbed herein is subject to all the terms, exclusions, and conditions of such policy NOTICE No substitution or revision to the above certificate form will be accepted If the insurance called for is provided by more than one insurance company,a separate certificate in the exact above form shall be provided for each insurance company 012030006/652281 1 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured( Named Insured') Name and address of Insurance Company( Company ) General description of agreement(s),permit(s) llcense(s) and/or activlty(1es)insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows 1 The ("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy 2 The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy 3 Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability 4 Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy All such claims shall be covered as third-party claims,i e, in the same manner as if separate policies had been issued to each insured Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy 5 The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds 6 The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30) days prior to the effective date thereof In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7 Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities descnbed generally above with regard 012030006/652281 1 to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds 8 It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance 9 This endorsement and all notices given hereunder shall be sent to Public Agency at City Manager,City of Rancho Palos Verdes,30940 Hawthorne Boulevard,Rancho Palos Verdes,California 90275 10 Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11 Scheduled items or locations are to be identified on an attached sheet The following inclusions relate to the above coverages Includes o Contractual Liability o Explosion Hazard o Owners/Landlords/Tenants o Collapse Hazard ❑ Manufacturers/Contractors o Underground Property Damage o Products/Completed Operations o Pollution Liability o Broad Form Property Damage o Liquor Liability o Extended Bodily Injury o o Broad Form Comprehensive o General Liability Endorsement o 12 A o deductible or o self-insured retention(check one)of$ applies to all coverage(s)except (if none so state) The deductible is applicable o per claim or o per occurrence(check one) 13 This is an o occurrence or o claims made policy (check one) 14 This endorsement is effective on at 12 01 a m and forms a part of Policy Number (signatures on following page) 01203 0006/65228/1 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authonty to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company Executed ,20 Signature of Authonzed Representative (Original signature only, no facsimile signature Telephone No ( ) or initialed signature accepted) 012030006/652281 1 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured( Named Insured') Name and address of Insurance Company( Company') General description of agreement(s),permit(s) license(s) and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows 1 The ("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds')under the Policy in relation to those activities descnbed generally above with regard to operations performed by or on behalf of the Named Insured The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy 2 The insurance coverages afforded the Additional Insureds under the Policy shall be pnmary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contnbute with the insurance coverages provided by the Policy 3 Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability 4 Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy All such claims shall be covered as third-party claims,i e,in the same manner as if separate policies had been issued to each insured Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy 5 The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the wntten agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds 6 The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30) days prior to the effective date thereto In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7 Company hereby waives all rights of subrogation and contnbution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the penis insured against in relation to those activities described generally above with regard 01203 0006/652281 1 to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds 8 It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance 9 This endorsement and all notices given hereunder shall be sent to Public Agency at City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275 10 Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11 Scheduled items or locations are to be identified on an attached sheet The following inclusions relate to the above coverages Includes ❑ Any Automobiles ❑ Truckers Coverage ❑ All Owned Automobiles o Motor Camer Act ❑ Non-owned Automobiles o Bus Regulatory Reform Act o Hired Automobiles o Public Livery Coverage o Scheduled Automobiles o o Garage Coverage o 12 A o deductible or o self-insured retention(check one)of$ applies to all coverage(s)except (if none, so state) The deductible is applicable o per claim or o per occurrence(check one) 13 This is an o occurrence or o claims made policy (check one) 14 This endorsement is effective on at 12 01 a m and forms a part of Policy Number (signatures on following page) 01203 0006/652281 1 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authonty to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company Executed ,20 Signature of Authonzed Representative (Original signature only no facsimile signature Telephone No ( ) or initialed signature accepted) 01203 0006/652281 1 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named Insured( Named Insured ) Name and address of Insurance Company( Company ) General description of agreement(s) permit(s) hcense(s) and/or activity(ies)insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows 1 The ("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy 2 The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy 3 Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought,except with respect to the limits of the Company's liability 4 Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy All such claims shall be covered as third-party claims,i e,in the same manner as if separate policies had been issued to each insured Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy 5 The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds 6 The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30) days prior to the effective date thereto In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7 Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds 0/203 0006/65228/1 8 It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance 9 This endorsement and all notices given hereunder shall be sent to Public Agency at City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275 10 Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY ❑ Following Form o Umbrella Liability o 11 Applicable underlying coverages INSURANCE COMPANY POLICY NO AMOUNT 12 The following inclusions,exclusions,extensions or specific provisions relate to the above coverages 13 A o deductible or o self-insured retention(check one)of$ applies to all coverage(s)except (if none, so state) The deductible is applicable o per claim or o per occurrence (check one) 14 This is an o occurrence or o claims made policy(check one) 15 This endorsement is effective on at 12 01 a m and forms a part of Policy Number 01203 0006/652281 1 (signatures on following page) I, (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company Executed ,20 Signature of Authorized Representative (Original signature only no facsimile signature Telephone No ( ) or initialed signature accepted) 0/203 0006/65228/1 r THE FINAL PREMIUM IS This bond was issued in two (2) PREDICATED ON THE onginal counterparts FINAL CONTRACT AMOUNT Bond No 7663762 PERFORMANCE BOND Premium $2,029 00 WHEREAS, the CITY OF RANCHO PALOS VERDES, (`City"), has awarded to Crosstown Electrical & Data, Inc , as Contractor ( Principal"), a Contract for the work entitled and described as follows Palos Verdes Dnve South at Palos Verdes Dnve East Traffic Signal Installation Project , WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract, NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City In the sum of Two Hundred Five Thousand Four Hundred Seventy Eight and 00/100 Dollars ($205,478 00 ), this amount being not less than one hundred percent(100%) of the total Contract price, lawful money of the Umted States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally,firmly by these presents In case suit is brought upon this bond,the Surety will pay a reasonable attorney's fee to the City in an amount to be fixed by the court *Fidelity and Deposit Company of Maryland THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided,all within the time and in the manner designated and m all respects according to their true intent and meaning, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change,extension of time,alteration,or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder Executed on June 29th 7020 PRINC ' oss ••7 lec i & Data, Inc (Seal if Corporation) By //�L../ /i� Title Pr, Jet)/ (Attach Acknowledgment of Authorized Representative of Principal) 01203 0006/652281 1 D-I Any claims under this bond may be addressed to Fidelity and Deposit Company of Maryland (name and address of Surety) 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 Commercial Surety Bond Agency (name and address of Surety's agent for service of process in California, if different from above) 1411 N Batavia St , Suite 201 Orange, CA 92867 Agent (714) 516-1232 (telephone number of Surety's agent in California) (Attach Acknowledgment) Fidelity and Deposit Company of Maryland SURETY • By (Attorney-[n-Fact)Dwight Reilly, Attorney-in-Fact APPROVED (Attorney for CITY) NOTICE No substitution or revision to this bond form will be accepted Sureties must be authorized to do business in and have an agent for service of process m California Certified copy of Power of Attorney must be attached 01203 0006/652281 1 D-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California Los Angeles County of On June 30, 2020 before me, Shalea Berry, Notary Public (insert name and title of the officer) personally appeared David Heermance who proved to me on the basis of satisfactory evidence to be the person(%) whose name(s) is/aax subscribed to the within instrument and acknowledged to me that he/ 47M§y executed the same in his/ham authorized capacity(i ), and that by his/IWW4r signature(g) on the instrument the person(g), or the entity upon behalf of which the person(N) 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 SHALEABERRY Notary Public California Ts. : Los Angeles County Commission;2281272 r My Comm Expires Mar 16 2023 Signature _ Sjzze_ 4gip (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange On 06/29/2020 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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 MELISSA ANN VACCARO COMM 112241394 N -w Notary Public-California x x.? ORANGE COUNTY IL My Comm Expires May 12 2022 Signature AuC.isUNO (Seal) Melissa Ann Vaccaro Bond No 7663762 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUAL 11'AND SURE I YCOMI'ANY FII)ELI IN'AND DEPOSIT COMPANY OF MARYLAND POWER OI' Al I ORNEY KNOW ALL MEN BY fl ILSE PRESENTS I hat the ZURICI I AMERICAN INSURANCE COMPANY, a corporation of the State of New York,the COLONIAL AMI RICAN CASUAL I Y AND SURE I Y COMPANY,a corporation of the State of Illinois,and the I IDELI I Y AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the 'Companies") by Robert D Murray, Vice President, in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Daniel 1iUCKAI3AY, Dwight REILLY, Arturo AYAI A, Shaunna ROLLLI E OSI ROM, Frank MORONES, Ben SIONC, Michael D STONC and R NAPPI,all of Orange,California EACI I its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver, for and on its behalf as surety,and as its act and deed any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply, to all Intents and purposes,as it they had been duly executed and acknowledged by the regularly electcd officers of the ZURICH AMERICAN INSURANCL COMPANY at its office in New York, New York, the regularly elected officers of the COLONIAL AMERICAN CASUAL 1Y AND SURE I Y COMPANY at its office in Owings Mills, Maryland,and the regularly elected officers of the I IDLI 11 Y AND DLPOSI I COMPANY 01 MARYLAND at its office in Owings Mills, Maryland, in their own proper persons Ihe said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8, of the By-Laws of said Companies and is now in force IN WI[NESS WI ILREOI, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICII AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUAL I Y ANI) SURE I Y COMPANY, and FIDEL I I Y ANI)DEPOSIT COMPANY 01' MARYLAND this I nth day of January,A D 2020 MM^� 01.16 g I 45-••• ��t 1i�8�tte Jp OI/Ofi� �QYY``�i -`♦IrY,T�k 8EAb une ••••1 t411°41 All ES I ZURICH AMERICAN INSURANCE COMPANY COI ONIAI AMERICAN CASUAL I V AND SURE IV COMPANY EIDLLI I V ANI)DLI'OSI I COMPANY 01 MARYI AND By Robert D Murray Vice President By Dawn E Brown Secretary State of Maryland County of Baltimore On this 15th day of January A I) 2020 before the subscriber a Notary Public of the State of Maryland duly commissioned and qualified Robert I) Murray,Vice President and Dawn E Brown,Secretary of the Companies to me personally known to be the individuals and officers described in and who executed the preceding instrument and acknowledged the execution of same and being by me duly sworn deposeth and saith that he/she Is the said officer of the Company atoresaid and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations IN as I IMONY WI IEREOF I have hereunto set my hand and affixed my Official Seal the day and year first above written ,uudp, so. ai 6 Q y% o+ S♦L/ 4 ,i,s` Constance A Dunn Notary Public nix'`ps My Commission Expires July 9 2023 'r'ro nfl' EXTRACT FROM BY-LAWS OF THE COMPANIES Article V,Section 8 Attorneys-in-Fact I he Chief Executive Officer,the President or any Executive Vice President or Vice President niay by written instrument under the attested corporate seal appoint attorneys-in-fact with authority to execute bonds policies recogni7ances, stipulations, undertakings or other like instruments on behalf of the Company and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto and may with or without cause modify of revoke any such appointment or authority at any time' CERTIFICATE I the undersigned Secretary of the Z_URICII AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY and the FIDELI fY AND DEPOSIT COMPANY OF MARYLAND do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate and I do further certify that Article V Section 8,of the By- Laws of the Companies is still in force I his Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICI I AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998 RESOLVED '1 hat the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney Any such('ower or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on theCompany I his Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURE I Y COMPANY at a meeting duly called and held on the 5th day of May 1994 and the follom.ing resolution of the Board of Directors of the FIULLI I Y AND DEI'OSI I COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May 1990 RESOLVED ' I hat the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice President Secretary or Assistant Secretary of the Company whether made heretofore or hereafter wherever appearing upon a certified copy of any povtier of attorney issued by the Company shall be valid and binding upon the Company with the same force and effect as though manually affixed IN ITS IIMONY WHERLOF I have hereunto subscribed my name and affixed the corporate seals of the said Companies this 29th day of June 2020 '_.Q3-s ostia+► Q DIIDj o yQ�f" �l AD u11 1001 86A6 a it 7, By Brian M !lodges Vice President TO REPORT A CLAIM WITH REGARD 10 A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING TIIE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOURCONTACT INFORMATION TO Zurich Surety Claims 1299 Zurich Way Schaumburg IL 60196-1056 www reportsfclaims@zunchna corn 800-626-4577 THE FINAL PREMIUM IS This bond was issued in two (2) PREDICATED ON THE ongmal counterparts FINAL CONTRACT AMOUNT Bond No 7663762 PAYMENT BOND (Labor and Material Bond) WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City"), has awarded to Crosstown Electrical & Data, Inc , as Contractor ("Principal"), a Contract for the work entitled and described as follows Palos Verdes Dnve South at Palos Verdes Dnve East Traffic Signal Installation Project , WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law, NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of Two Hundred Five Thousand Four Hundred Seventy Eight and 00/100 Dollars ($205,478 00 ), this amount being not less than one hundred percent(100%) of the total Contract pnce, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally,firmly by these presents In case suit is brought upon this bond,the Surety will pay a reasonable attorney's fee to the City in an amount to be fixed by the court *Fidelity and Deposit Company of Maryland THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay (1) for any work,materials,services,provisions,provender,or other supplies,or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind, (2) for work performed by any of the persons named in Civil Code Section 9100, (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract,and/or(4)for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor,then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond,otherwise the above obligation shall be void This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred,with or without suit, in addition to the above sum Said Surety, for value received, hereby stipulates and agrees that no change,extension of time, alteration,or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond,and it does hereby waive notice of such change, extension of time,alteration, or modification of the Contract Documents or of the work to be performed thereunder 1)1203 0006/M22111 I Executed on June 29th , 20 20 PRINCI' • I ros ;:�rlcal & Data, Inc (Seal if Corporation) By Title /' ie e✓) (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to Fidelity and Deposit Company of Maryland (name and address of Surety) 777 South Figueroa Street, Suite 3900 Los Angeles. CA 90017 Commercial Surety Bond Agency (name and address of Surety's agent for service of process in California, if different from above) 1411 N Batavia St , Suite 201 Orange, CA 92867 Agent (714)516-1232 _ (telephone number of Surety's agent in California) (Attach Acknowledgment) Fidelity and Deposit Company of Maryland SURETY By (Attorney-6n-Fact) Dwight Reilly,Attorney-in-Fact APPROVED (Attorney for CITY) NOTICE No substitution or revision to this bond form will be accepted Sureties must be authorized to do business in and have an agent for service of process in California Certified copy of Power of Attorney must be attached 01203 01(11161657281 1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document StCoute nty of CalifornialLos Angeles ) On June 30, 2020 before me, Shalea Berry, Notary Public (insert name and title of the officer) personally appeared David Heermance who proved to me on the basis of satisfactory evidence to be the person(* whose name(%) is/aaxc subscribed to the within instrument and acknowledged to me that he/M4i executed the same in his/1101441011(authorized capacity(uss), and that by his/PCP/Mir signature(N) on the instrument the person(6), 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 a,, SHALEA BERRY Notary Public CaUlornia 1 _fa s _ Los Angeles County > ' ,, Commisst 2281272 My Comm Expires Mar 16 2023 Signature S _ (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange ) On 06/29/2020 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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 hand and official seal / MELISSA ANN VACCA41394 O WITNESS my " COMM 112241394 w 4 -^ ` Notary Public-California rf ORANGE COUNTY a • My Comm Expires May 12 2022 - - Signature \,ULC_,C1r 0 (Seal) -- Melissa Ann Vaccaro Bond No 7663762 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York.the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D Murray Vice President in pursuance of authonty granted by Article V Section 8,of the By-Laws of said Companies which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereot do hereby nominate constitute and appoint Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONES, Ben STONG, Michael D STONG and R.NAPPi,all of Orange,California EACH its true and lawful agent and Attorney-in-Fact,to make execute seal and deliver for,and on its behalf as surety and as its act and deed any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies as fully and amply to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York. New York, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills Maryland,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills Maryland,in their own proper persons The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V Section 8 of the By-Laws of said Companies and is now in force iN WITNESS WHEREOF, the said Vice-President has hereunto subscnbed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 15th day of January A D 2020 jai oe,ro "►�'S,i,as0SEAL ft +,\ i9oa / a4 • ..� .T +ti`a\�.�,,��'s as/ ATTEST ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By Robert D Murray Vice President L, 16cc�— By Dawn E Brown Secretary State of Maryland County of Baltimore On this 15th day of January A D 2020 before the subscriber a Notary Public of the State of Maryland duly commissioned and qualified Robert D Murray,Vice President and Dawn E Brown,Secretary of the Companies to me personally known to be the individuals and officers descnbed in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn deposeth and saith that he/she is the said officer of the Company aforesaid and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations fN TESTIMONY WHEREOF I have hereunto set my hand and affixed my Official Seal the day and year first above written ," by Cl qi % ‘S �: Constance A Dunn Notary Public ?� ,�a My Commission Expires July 9 2023 lh,,,,Ung�. • EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact The Chief Executive Officer the President,or any Executive Vice President or Vice President may by written instrument under the attested corporate seal appoint attorneys-in-fact with authority to execute bonds policies recognizances stipulations, undertakings or other like instruments on behalf of the Company and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto and may with or without cause modify of revoke any such appointment or authority at any time ' CERTIFICATE I the undersigned Secretary of the ZURICH AMERICAN INSURANCE COMPANY the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate and I do further certify that Article V Section 8 of the Bv- Laws of the Companies is still in force This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998 RESOLVED 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on theCompany" This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May 1994 and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May 1990 RESOLVED 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President Secretary or Assistant Secretary of the Company whether made heretofore or hereafter wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same force and effect as though manually affixed IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seals of the said Companies this 29th day of June 2020 410 i4i"—.— lies BBAL �R sa By Brian M Hodges Vice President TO REPORT A CLAIM WiTH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www reportsfclaimsizurichna corn 800-626-4577 1 WORKERS COMPENSATION INSURANCE CERTIFICATE Descnption of Contract City of Rancho Palos Verdes Project Palos Verdes Dr South&Palos Verdes East Traffic Installation/Project#4391 20 Type of Insurance Workers'Compensation and Employers'Liability Insurance THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time,and is in a form approved by the Insurance Commissioner The Company will give at least 30 days'wntten notice to the City and Engineer/Architect pnor to any cancellation of said policy POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY WVE 5030354 05 06/03/2021 Workers'Compensation Statutory Limits Under the Laws of the State of California Employers'Liability $ 1,000,000 Each Accident $ 1,000,000 Disease-Policy Limit S i non 000 Disease-Each Employee Crosstown Electrical&Data,Inc Insurance Company of the West Named Insured(Contractor) Insurance Company 5454 Diaz St P 0 Box 509039 Street Number Street Number Irwindale,Ca 91706 San Diego,Ca 92150 City and State City and State By (Comps Representative (SEE NOTICE ON NEXT PAGE) 912(13(NIMI/65 281 I Insurance Company Agent for Service of Process in California Patrick McRae Name McRae Associates Insurance Services Agency 1265 N Manassero St Suite 303 Street Number Anaheim,Ca 92807 City and State 714 779 6999 Telephone Number This certificate is issued as a matter of information only and confers no rights upon the certificate holder This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein This is to certify that the policy has been issued to the named insured for the policy period indicated,notwithstanding any requirement,term,or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions,and conditions of such policy NOTICE No substitution or revision to the above certificate form will be accepted If the insurance called for is provided by more than one insurance company,a separate certificate in the exact above form shall be provided for each insurance company 012141(XJO&657 n I ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Crosstown Electrical&Data,Inc 5454 Diaz St Irwindale,Ca 91706 Name and address of named insured( Named Insured ) Crum&Foster Specialty Insurance Company 305 Madison Avenue Morristown,New Jersey 07960 Name and address of Insurance Company("Company ) PALOS VERDES DR SOUTH&PALOS VERDES EAST TRAFFIC SIGNAL INSTALLATION Genoa!description of agreement(s) pernut(s) license(s) and/or actzvi y(nes)insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the 'Policy")or to any endorsement now or hereafter attached thereto, it is agreed as follows 1 The City of Rancho Palos Verdes ("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy 2 The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy 3 Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability 4 Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy All such claims shall be covered as third-party claims,i e,in the same manner as if separate policies had been issued to each insured Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy 5 The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds 6 The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30) days prior to the effective date thereof In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7 Company hereby waives all nghts of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties,from all claims, losses and liabilities arising out of or incident to the penis insured against in relation to those activities descnbed generally above with regard (11203 000i'652?8!I to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds 8 It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance 9 This endorsement and all notices given hereunder shall be sent to Public Agency at City Manager.City of Rancho Palos Verdes.30940 Hawthorne Boulevard.Rancho Palos Verdes.California 90275 10 Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive, alter or extend any of the limits,agreements, or exclusions of the policy to which this endorsement is attached TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY General Liability 06/03/2020 to 06/03/2021 lmm/2mm/2mm 11 Scheduled items or locations are to be identified on an attached sheet The following inclusions relate to the above coverages Includes a Contractual Liability 2 Explosion Hazard s Owners/Landlords/Tenants g Collapse Hazard g Manufacturers/Contractors e Underground Property Damage yl Products/Completed Operations o Pollution Liability a Broad Form Property Damage a Liquor Liability e Extended Bodily Injury ❑ e Broad Form Comprehensive ❑ General Liability Endorsement a 12 A to deductible or a self-insured retention(check one)of$ 5,000 applies to all coverage(s)except (if none,so stare) The deductible is applicable❑per claim ora per occurrence(check one) 13 This is an® occurrence or a claims made policy(check one) 14 This endorsement is effective on 06/29/2020 at 12 01 a m and forms a part of Policy Number GL0065967 (signatures on following page) 01203 0005.452281 1 j, Patrick McRae (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company Executed June 29 ,20 20 / Signatu of Authorized Repre ntattve 714 779 6999 (Original stgnatu►e only no facsimile signature Telephone No ( ) or initialed signature accepted) 111203 0006/652281 I ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Crosstown Electrical&Data,Inc 5454 Diaz St Irwindale,Ca 91706 Name and address of named insured( Named Insured ) Crum&Foster Specialty Insurance Company 305 Madison Avenue Morristown,New Jersey 07960 Name and address of Insurance Company( Company ) PALOS VERDES DR SOUTH&PALOS VERDES EAST TRAFFIC SIGNAL INSTALLATION General description of agreenient(s) permit(s) license(s) and/or activity(ies)insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows 1 The City of Rancho Palos Verdes ("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds')under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy 2 The insurance coverages afforded the Additional Insureds under the Policy shall be pnmary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy 3 Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability 4 Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy All such claims shall be covered as third-party claims,i e,in the same manner as if separate policies had been issued to each insured Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy 5 The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds 6 The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereto In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7 Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard 01203(Kig6'652:81 t to operations performed by or on behalf of the Named Insured regardless of any pnor, concurrent, or subsequent active or passive negligence by the Additional Insureds 8 It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance 9 This endorsement and all notices given hereunder shall be sent to Public Agency at City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275 10 Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits, agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROMPTO LIABILITY Auto Liability 11/05/2020 to 11/05/2021 $1,000,000 11 Scheduled items or locations are to be identified on an attached sheet The following inclusions relate to the above coverages Includes n Any Automobiles o Truckers Coverage n All Owned Automobiles ❑ Motor Comer Act sa Non-owned Automobiles ❑ Bus Regulatory Reform Act a Hired Automobiles ❑ Public Livery Coverage a Scheduled Automobiles o a Garage Coverage ❑ 12 A at deductible or a self-insured retention(check one)of$ 1.000 applies to all coverage(s)except None (if none so state) The deductible is applicable X per claim or a per occurrence(check one) 13 This is an cx occurrence or o claims made policy(check one) 14 This endorsement is effective on 06/29/2020 at 12 01 a m and forms a part of Policy Number 2005675448 (signatures on following page) 0120301W/652281 1 I, Patrick McRae (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authonty to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company Executed June 29 ,20 2 ,7f,t, Signa e of Authonzed R resentative (Original signature only no facsimile signature Telephone No ( 714 ) 779-6999 or initialed signature accepted) 012(1111006/65.22M1 I ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Crosstown Electrical&Data,Inc 5454 Diaz St Irwindale,Ca 91706 Name and address.of named Insured('Named Insured ) Crum&Foster Specialty Insurance Company 305 Madison Avenue Morristown,New Jersey 07960 Name and address of Insurance Company('Company ) PALOS VERDES DR SOUTH&PALOS VERDES EAST TRAFFIC SIGNAL INSTALLATION General description of agieement(s) permnt(s), license(s) and/or acrivzlv(Ies)Hurn ed Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows I The City of Rancho Palos Verdes ("Public Agency"),its elected officials,officers attorneys,agents,employees,and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured The Additional insureds have no liability for the payment of any premiums or assessments under the Policy 2 The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy 3 Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought,except with respect to the limits of the Company's liability 4 Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy All such claims shall be covered as third-party claims,i e,in the same manner as if separate policies had been issued to each insured Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy 5 The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds 6 The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereto In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7 Company hereby waives all nghts of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties, from all claims, losses and liabilities ansing out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any pnor, concurrent, or subsequent active or passive negligence by the Additional Insureds 01203(N06/&S22XI I S It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance 9 This endorsement and all notices given hereunder shall be sent to Public Agency at City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275 10 Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY Excess Liability 06/03/2020 to 06/03/2021 $10 000,000 fa Following Form o Umbrella Liability ❑ 11 Applicable underlying coverages INSURANCE COMPAN' POLICY NO, AMOUNT General Liability/Crum&Foster Specialy Ins GL0065967 lmm/2mm/2mm Auto Liability/Integon National Ins 2005675448 1,000,000 12 The following inclusions,exclusions,extensions or specific provisions relate to the above coverages none 13 A o deductible or a self-insured retention(check one)of S none applies to all coverage(s)except (if none,so state) The deductible is applicable a per claim or o per occurrence(check one) 14 This is an Q occurrence or o claims made policy(c/neck nne) 15 This endorsement is effective on 06/29/2020 at 12 01 a m and forms a part of Policy Number TUE 2572052 02 01203 01106/652281 1 Patrick McRae (signatures on following page) I (print name), hereby declare under penalty of penury under the laws of the State of California,that I have the authonty to bind the Company to this endorsement and that by my execution hereof, I do so bin the pany Executed June 29 ,20 20 4 6 Signa e of Authorized Tepresentative (Original signature only, no facsimile signature Telephone No ( 714 ) 779-6999 or initialed signature accepted) (1120 I(16 6522Y1