1 DESIGN PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of April 26, 2022, by and between the City of Commerce, a municipal corporation ("City") and Hartzog & Crabill, Inc. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide engineering design services for the Various Signalized Intersections Improvement Project as set forth in the Scope of Services attached hereto as Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:
1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.
2. Term of Agreement. This Agreement shall commence on April 26, 2022 (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than December 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.
B. Total payment to Consultant pursuant to this Agreement shall not exceed $56,190.
C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; 2 (II) are accompanied by a copy of the City’s written authorization for Consultant to incur such expenses; and (III) receipts documenting such expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.
5. Addresses.
City of Commerce
City of Commerce
2535 Commerce Way
Commerce, CA 90040
Attn: Edgar P. Cisneros, City Manager
Company
Hartzog & Crabill, Inc.
Hartzog & Crabill, Inc.
17852 E. 17th Street
Suite 101
Tustin, CA 92780
Attn: Gerald. J. Stock, Executive Vice President
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Services and Compensation Schedule Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
CITY OF COMMERCE
By:
Leonard Mendoza, Mayor Date
CONSULTANT
Hartzog & Crabill, Inc.
By:
Gerald J. Stock, Executive ice President Date
ATTEST:
By:
Lena Shumway, City Clerk Date
APPROVED AS TO FORM:
By:
Noel Tapia, City Attorney Date
04 i/S12_022.-
3 1
EXHIBIT A
SCOPE OF WORK
Consulting Traffic Engineers to Government Agencies
April 7, 2022
Mr. Daniel Hernandez, Public Works Director
City of Commerce
2535 Commerce Way
Commerce, CA 90040
SUBJECT: DESIGN SERVICES FOR VARIOUS SIGNALIZED
INTERSECTIONS IMPROVEMENT PROJECT STATE FUNDED PROJECT 07-LA-0-CMRC HSIPSL-5362(028) Dear Mr. Hernandez:
Hartzog & Crabill, Inc. (HCI) is pleased to submit this proposal to the City of Commerce to prepare Plans, Specifications, and Engineer’s Estimate (PS&E) Design Services for the Various Signalized Intersections Improvement Project. HCI understands that this is a State funded (HSIP) project that focuses on safety improvements at four (4) signalized intersections.
HCI proposes to provide our professional traffic engineering services to the City in preparing the required construction-ready traffic signal modification plans that address the tasks identified in the City’s Request for Proposal (RFP). HCI has thoroughly examined and become familiar with the work required under this RFP. As you will see from our experience, we are capable of adhering to the RFP provisions, as well as efficiently and costeffectively performing quality work to achieve the City’s objectives under a new agreement that is tentatively set to begin on April 18, 2022. The City’s RFP, including Addendum No. 1, is incorporated in its entirety as part of our proposal.
During the past (28) years, HCI staff have worked together with local cities to establish the foundation for a viable, responsive traffic engineering function. We look forward to continue sharing our experience and expertise in building on this foundation toward a goal of ever-improving traffic safety and efficiency in the City, by providing high-quality, timely expertise on the requested services.
As you may know, I, Trammell Hartzog, am president and co-owner of HCI, a California corporation, and am legally authorized to commit to contractual terms and conditions resulting from this submittal. Gerald J. Stock, PE, TE, is executive vice-president, co-owner of HCI, and is also legally authorized to commit to contractual terms and conditions resulting from this submittal.
If selected, Mr. Gerald ‘Jerry’ Stock will remain as the principal representative from HCI to negotiate agreement terms and compensation (his contact information is at the top left). In addition, our Senior Engineer, Mr.
Scott Ma, PE, TE, as well as our Associate Engineer, Mr. Michael Vallado, will remain available to complete the requested traffic engineering services.
Trammell Hartzog, President
Gerald J. Stock, PE, TE,
Executive Vice President
17852 E. 17th Street
Suite 101
Tustin, CA 92780
Phone: (714) 731-9455
FAX: (714) 731-9498
www.hartzog-crabill.com
Mr. Daniel Hernandez, Public Works Director
April 7, 2022
HCI is very familiar with the City of Commerce’s agreement and insurance requirements. Upon execution of a new agreement, HCI confirms that our insurance shall meet or exceed the City’s RFP requirements. A copy of our current insurance certificate is attached for the City’s review.
HCI is proposing this project as a sole prime consultant, and does not intend on using subconsultants to complete the requested services.
The attached proposal will remain valid for a period of (120) days from the date of this submittal letter, and may be extended by written authorization by HCI upon request by the City.
We encourage City staff to contact our references listed in our proposal and solicit additional information regarding our firm’s personnel and qualifications.
Certification of Proposal
By signing this cover letter of transmittal below, we both attest that all information submitted in the attached proposal is true and correct. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.
On behalf of our entire HCI staff, we sincerely appreciate the opportunity to submit this proposal and being considered to serve your community.
Very truly yours,
HARTZOG & CRABILL, INC.
Trammell Hartzog Gerald J. Stock, PE, TE
President Executive Vice President
City & Traffic Engineering Services
Attach: Executive Summary
Proposal
Appendices
Fee Proposal (separately submitted document)
Mr. Daniel Hernandez, Public Works Director
April 7, 2022
Executive Summary
HCI understands that this State-funded project focuses on safety improvements, including:
adding protected left-turn phasing at two of the intersections; installing new signal hardware improvements to the lenses, backplates, and retroreflective borders, mounting, size, and number (i.e., new LED indications & vehicle heads with yellow reflective borders);
installing new countdown pedestrian signal indications (i.e, new pedestrian heads); and, installing new audible pedestrian push buttons.
All project locations will be improved with the above second, third, and fourth bullet points at the following signalized intersections:
1. Eastern Avenue & Telegraph Road.
2. Slauson Avenue & Eastern Avenue (already has LT phasing)
3. Garfield Avenue & Flotilla Avenue
4. Washington Boulevard & Garfield Avenue (already has LT phasing) HCI also understands that the City has retained a separate consultant to manage the Federal/State funding, including preparation of required documents for right-of-way (ROW), environmental, utility clearance submittals, PS&E certification, and obtaining the E-76 authorization for construction.
Therefore, if selected, HCI’s scope of work includes preparation of the traffic signal modification plans, specifications, and estimate (PS&E) for each of the above four project locations.
At this time, per the RFP, HCI understands that the City’s Project Manager for these services will be Mr. Daniel Hernandez, Public Works Director, or a designated representative.
Mr. Daniel Hernandez, Public Works Director
April 7, 2022
Executive Summary (continued)
Hartzog & Crabill, Inc. (HCI) is a California corporation operating as a private engineering consulting firm since 1993, offering traffic engineering services under the same name (over 28 years of related experience). Our firm specializes in serving local government agencies with a full array of engineering services, including serving several of our client cities as contract City Traffic Engineer, contract City Engineer, and “on-call” City Traffic Engineer.
The firm’s sole office location is headquartered in Tustin, CA, which provides quick, easy access to the majority of our clients. The office and its employee’s total fourteen (14) individuals who comprise a complete staff of professional engineers and support technicians where all work products are prepared. All design and drafting work is accomplished using state-of-the-art AutoCAD software and personal office computers.
Our president/company principal, Mr. Trammell Hartzog’s experience covers over forty (40) years involving a specialization and unmatched expertise in traffic signal design, signal operations, and signal system coordination. Our executive vice-president/company principal, Mr. Jerry Stock, PE, TE, is a registered Civil & Traffic Engineer whose experience covers over (30) years, and has been serving the City of Bellflower as both contract City Engineer and City Traffic Engineer since 2000. Specific to traffic engineering and traffic signals operations, HCI performs various traffic services including, but not limited to, the following:
Design of traffic signal and signing & striping plans, specifications, and estimates (PS&E); traffic control plans; warrant analyses for traffic control devices (traffic signals, Stop signs, crosswalks, flashing beacons, RRFBs, etc.); engineering and traffic surveys for establishing speed limits; ongoing remote and local (off-site/on-site) management of local agency traffic signal systems; development and design of traffic signal coordination systems; assist cities with coordination of services completed by their traffic signal maintenance contractor; and review of traffic impact analyses. In addition, from our office location, HCI continuously operates eleven (11) local Southern California agencies’ citywide traffic signal systems.
In regards to our proposed Design Services to the City of Commerce for the Various Signalized Intersection Improvements, if selected, they will be primarily managed by our Senior Engineer, Mr. Scott Ma, PE, TE. It should be noted, Scott has managed the preparation of numerous traffic signal and signing & striping plans that are very similar to the requested improvements. Scott works closely with our two principals, Mr. Hartzog and Mr. Stock as well as our other key staff in providing various traffic signal and signing & striping design PS&E services, as well as related plan-checking for our client local agencies. Scott is currently performing part-time, traffic engineering services to the City of Lake Forest and performs similar on-call services to the City of Hermosa Beach; however, his availability to serve the City of Commerce remains at 60%. All of our other key staff is available to serve the City at a minimum of 30% and up to 80% availability.
Consequently, the City of Commerce should see that, upon notification, our proposed HCI team is ready and available to serve the City’s Public Works Department with these traffic engineering design services for preparation of the various traffic signal modification plans.
PROPOSAL FOR
DESIGN SERVICES FOR VARIOUS SIGNALIZED
INTERSECTIONS IMPROVEMENT PROJECT
STATE FUNDED PROJECT 07-LA-0-CMRC HSIPSL-5362(028)
Prepared for:
City of Commerce
2535 Commerce Way
Commerce, CA 90040
Attention:
Mr. Daniel Hernandez, Public Works Director
Presented by:
Hartzog & Crabill, Inc.
Traffic Engineers
17852 E. 17th Street, Suite 101
Tustin, CA 92780
(714) 731-9455
April 7, 2022
Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce i
Table of Contents
Section Description Page No.(s)
Cover Letter / Executive Summary initial pages
1: Approach and Scope of Work 1 – 5
2: Schedule 6 – 7
3: Project Team, Key Personnel and Resumes 7 – 10
4: References 10 – 11
5: Firm Qualifications 11 – 12
6: City Standard Contract 12
7: Addenda Acknowledgement 13
Fee Proposal Submitted as a separate ‘Sealed File’
Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce
Below and on the following pages, Hartzog & Crabill, Inc. (HCI) has provided our responses to the City’s requirements set forth in the City of Commerce’s RFP, Required Format for Proposal Submittal (pages 4 - 7). With the cover letter/executive summary in the initial pages, we have incorporated the exact order of the numbered section format below and on the following pages to facilitate the City’s review.
SECTION 1: APPROACH AND SCOPE OF WORK
Hartzog & Crabill, Inc. (HCI) understands that the primary objective of the project is for the selected consultant to provide a complete, construction-ready set of traffic signal modification PS&E that is approved by the applicable agencies for the following four (4) signalized intersections:
Eastern Avenue & Telegraph Road
Slauson Avenue & Eastern Avenue
Garfield Avenue & Flotilla Street
Washington Boulevard & Garfield Avenue
APPROACH
HCI has extensive experience in the development of traffic engineering design plans, such as traffic signal modification, new traffic signal, and signing & striping plans, signal equipment upgrades, and signal interconnect, as these are among our firm’s primary service products for over (28) years. Sample design plans will be submitted upon City request.
HCI has been successful at making it a point to accommodate our client's needs, and we guarantee satisfaction with our ability to deliver in a reasonable time period. By making ourselves consistently available to the City contract officer (i.e., on a bi-weekly basis), we avoid delays and any defects to the final PS&E services that could occur as a result of miscommunication or misunderstanding.
It is important to note, all of our staff assigned to serve the City of Commerce have a thorough knowledge and proficiency in the local agency municipal codes, current State (Caltrans) standard plans and specifications, Highway Design Manual, Highway Capacity Manual, California Manual on Uniform Traffic Control Devices (CA MUTCD), policies and procedures for ADA regulations, traffic signal timing, traffic engineering modeling and methodologies, ITS, Federal/State/County/City funding, traffic standards and methodologies, and the State of California Vehicle Code (CVC).
If awarded a contract for this project, HCI intends to complete the PS&E for the indicated traffic signal improvements, and submit the necessary documentation, in order for the City to bid the construction of this project. The HCI team will provide support to the City during the design and construction of the improvements by being available to answer questions regarding the installation/construction of the design components.
Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce
SECTION 1: APPROACH AND SCOPE OF WORK (continued)
During the term of our new agreement, HCI will stay in consistent communication with the City of Commerce to ensure we understand specific service requests, have all necessary milestones in place, and that we meet those milestones.
As previous clients can attest to, our team will allocate as many engineering and support staff to the project to ensure the schedule is maintained and that the City is satisfied with the delivery of this project.
It is important to note, HCI has reviewed all tasks identified in the City’s RFP, under Scope of Services, and confirm that they are all included as part of our services to the City.
In general, HCI begins a traffic engineering design by completing a topographic field-review of the intersection/location. More specifically, HCI staff conducts a field review to verify existing equipment and/or document roadway features including curb, gutter, median alignments, sidewalks, driveways, catch basins, curb returns, bus and bicycle routes, signing and striping. HCI also reviews the project roadways and compare the layout drawings against existing field conditions. Potential conflicts between proposed improvements and underground/overhead utilities (other infrastructure) are investigated.
HCI then prepares a base design plan using AutoCAD for the project location(s). After incorporating all necessary utility data, a preliminary traffic plan is prepared that takes the existing and modified street and intersection geometries into consideration, along with other factors that may influence the design and/or operation of the system. Each plan includes necessary notes/specifications for applicable equipment removal, and installation. The majority of our traffic signal design work is designed in conformance with Sections 86 and 87 of the State of California (Caltrans) Specifications and Standard Plans, latest edition, and is compliant with the City’s most current signal design standards and technical provisions. The traffic plans generally include:
General and construction notes, phase diagram, conductor, detector and pole schedules, and any other details necessary for construction. The plans are typically prepared at 20-scale or 40-scale and plotted on ‘D’ size (24”x36”) sheets with standard City title block.
SCOPE OF WORK
Task 1. Project Management
HCI has a good project understanding and is ready to begin working on this design project upon receiving the City’s notice-to-proceed. HCI will begin by participating in a pre-design ‘kick-off’ meeting with City of Commerce Public Works/Engineering staff (possibly via video teleconference) to introduce our team and further discuss project design objectives, scope, and schedule. At this meeting, HCI will collect the most recent, existing street improvement and traffic signal plans available for these three (4) project intersections, as well as the City’s most recent utility contact list.
Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce
SECTION 1: APPROACH AND SCOPE OF WORK (continued)
Task 1. Project Management (cont’d)
HCI will also participate in a bi-weekly conference call with City staff throughout the duration of the contract to review project progress status.
HCI will also include our participation/attendance at (3) other 60%, 90%, and 100% submittal progress meetings with City staff.
HCI’s project administration tasks, general management and coordination tasks will be consistently performed in order to ensure timely progress reports and billing, accurate project record keeping, cost monitoring, project progress, deliverables, and adherence to approved applicable standards.
HCI will follow general City accounting and billing requirements, and all man-hours, direct and indirect costs, shall be tracked. HCI will perform Quality Control and Quality Assurance (QC/QA) for the project plans to ensure that the project moves forward to delivery as quickly as possible.
Task 2. Utility Coordination
As part of our project utility coordination, HCI will include the following:
A 50%-complete base drawing of the traffic signal installation plan for each project location will be completed by incorporating information obtained from the existing street improvement and traffic signal plans.
HCI will prepare utility notifications letters for all affected utilities at each project location to be reviewed and approved for mailing and feedback. Upon mailing, the 50% base drawing will be included in the correspondence.
HCI will handle responses to each notice.
HCI will incorporate applicable utility facilities (above and below ground) on the base drawings.
HCI understands that, at this time, design potholing is not expected to be included in the scope of work tasks. However, as indicated in the RFP, if during the initial design, potholing becomes necessary to locate active and abandoned utilities especially at the new proposed signal pole foundations, HCI will coordinate with a potholing subcontractor upon the City’s approval.
Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce
SECTION 1: APPROACH AND SCOPE OF WORK (continued)
Task 3. Preliminary Engineering
As mentioned in the RFP, HCI understands that this project is assumed to be a categorical exemption from the environmental aspect. Also, we understand that all improvement work is assumed to be located within existing public ROW.
Our HCI engineers will review the existing street improvement and traffic signal plans gathered from the City for these three (4) project intersections.
Field Reviews
As part of our base plan preparation, HCI staff will also complete the necessary field review to verify existing conditions at the four (4) roadways in order to begin preparing for the traffic engineering design efforts. HCI will use the information gathered from the field in order to finalize the base project plans for the affected areas.
Our field reviews will include comparing the latest as-built plans to existing field conditions, and determining obvious issues regarding traffic signal equipment, ramps, striping, loop detectors and other related equipment location, operations, and/or equipment compatibility.
Task 4. Plans, Specifications, & Estimate
HCI will then prepare preliminary 60% & 90% traffic signal modification plans for each of the four project intersections. The traffic signal modification plan submittals will include sufficient details for the applicable traffic signal equipment to be added/upgraded, and the necessary notes and specifications for the equipment installation. All work will be designed in conformance with Sections 85 and 86 of the latest State of California (Caltrans) Specifications and Standard Plans, 2018 Edition, and will be compliant with the City of Commerce’s most current signal design standards and technical provisions.
Preliminary Project Plan Preparation Sub-Tasks
After incorporating applicable utility data, each of the traffic signal modification plans will be prepared that will take the existing street and intersection geometries into consideration, along with other factors that may influence the design and/or operation of the new signal system.
As applicable to each location, the plans will include adding protected left-turn phasing at two of the intersections, installing new signal hardware improvements to the lenses, backplates, and retroreflective borders, mounting, size, and number (i.e., new LED indications & vehicle heads with yellow reflective borders), installing new countdown pedestrian signal indications (i.e, new pedestrian heads) and, installing new audible pedestrian push buttons.
Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce
SECTION 1: APPROACH AND SCOPE OF WORK (continued)
Task 4. Plans, Specifications, & Estimate (cont’d)
The preliminary (60% & 90%-complete) traffic signal modification plans will be prepared in accordance with State standards and will include: General and construction notes, phase diagram, conductor, detector and pole schedules, and any other details necessary for construction. The traffic signal modification plans will be prepared at 20-scale using AutoCAD and plotted on a ‘D’ size (24”x36”) sheet with standard City title block. HCI will submit the 90% complete traffic signal modification plan set to the City for review. As there is minimal signing & striping changes expected for these particular signal improvements, signing & striping improvements will be incorporated into each traffic signal modification plan, as applicable.
HCI will also include the preparation of a Title Sheet for the plan set.
Upon approval by the City of the 60% & 90%-complete engineered Title sheet and traffic signal modification plans, a 100%-complete set of the plan set will be submitted to the City for final approval.
The final products will include one (1) complete bond-copy set of the plans, and one reproducible black line “original” mylar plan set, signed and stamped by our California registered Civil and Traffic Engineer.
As these signal equipment improvements may be considered minor in scope, it is noted at this time, HCI is excluding the preparation of any separate ADA curb ramp design plans.
Specifications
Upon approval by the City of the 60% & 90%-complete engineered traffic signal modification plan set, the final products will also include the applicable traffic signal technical provisions in Microsoft Word format prepared to accompany the plan set, which will be in compliance with the City of Commerce’s design standards and ready for bidding purposes. HCI will complete the specifications that will include the City’s boilerplate, bid form, general, special, and technical provisions and follow applicable Caltrans specifications for the electrical work. An electronic copy of this submittal will also be provided in Word and PDF formats.
Cost Estimate
Lastly, HCI will prepare an engineer’s construction cost estimate for the different components of the traffic signal improvements in a line item list with quantity extensions and definitions suitable for bidding the work shown on the plan set. An electronic copy of this submittal will also be provided in Excel and PDF formats.
Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce
SECTION 1: APPROACH AND SCOPE OF WORK (continued)
Task 5. Bidding and Construction Support
During the pre-bid, bidding, and construction phases of this project, HCI will remain available to provide assistance to City of Commerce staff and/or contractors in answering pre-bid and bidding questions, and interpretation of the plans and specifications either by email or phone.
HCI will also provide responses to Requests for Information (RFI) within three (3) working days of receiving from the City, and prepare addendums if necessary.
HCI will also provide submittal review of the awarded contractor’s traffic signal equipment submittals for approval prior to ordering and installation.
HCI staff will also remain available to attend the pre-construction meeting, job walk, and job site meetings over the course of the construction schedule. As per the RFP, 12 meetings are assumed for the construction period.
Task 6. Prepare Records Drawings (As-Builts)
Following the completion and acceptance of the construction phase (within 20 days), HCI will furnish the City with a complete set of revised contract drawings showing the as-built conditions, which will be based on as-built redlined information provided by the City and its Construction Manager/Contractor.
SECTION 2: SCHEDULE
HCI understands that the design services to be performed under a new agreement for this project are tentatively set to begin on April 18, 2022. We also understand that time is of the essence, and we emphasize that the HCI team is and will remain available to provide the necessary design support to carry the PS&E through the necessary steps in order to satisfy city approval and funding requirements.
Per the understanding above, the entire project schedule to complete the various traffic signal modification PS&E is estimated to be five (5) months.
As this design project is straightforward, this period provides sufficient time, and the HCI team is able to complete this entire project design and related tasks well within the 5-month period.
With the above points in mind, a simplified design schedule is shown below:
Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce
SECTION 2: SCHEDULE (continued)
Design Completion Schedule:
Task 1 – Project Management April 18 – September 16, 2022 Task 2 – Utility Coordination May 31, 2022
Task 3 – Preliminary Engineering May 31, 2022
Task 4 – Plans, Specifications, & Estimate
60% Plan Submittal June 30, 2022
90% Plan Submittal August 19, 2022
100% Plan Submittal September 16, 2022
Task 5 – Bidding and Construction Support (estimate) October 2022 – June 2023 Task 6 – Prepare Records Drawings (As-Builts) July 2023 If selected, a final project schedule will be developed by HCI for approval by the City Project Manager, or designee.
SECTION 3: PROJECT TEAM, KEY PERSONNEL AND RESUMES
Our proposed staffing plan to provide the traffic engineering design services for preparation of the traffic signal modification plans as listed in the City’s RFP follow:
STAFFING PLAN
Mr. Gerald J. Stock, PE, TE – Civil/Traffic Principal Engineer, Contract Principal-in-Charge Mr. Scott Ma, PE, TE – Senior Engineer, Principal Project Manager Michael Vallado – Associate Engineer
Mr. Dave Martorano – Senior Designer
Mr. Scott Ma, PE, TE, will be assigned as Principal Project Manager and is available to devote sufficient time for this design project without over-extending his current assignments.
Summary qualifications of our proposed staffing plan follow on the next pages (certain full resumes attached):
Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce
SECTION 3: PROJECT TEAM, KEY PERSONNEL AND RESUMES
ORGANIZATIONAL CHART:
HCI staff is comprised of (14) engineering professionals and technicians who have the proven ability/expertise to meet the ever-changing, challenging needs of the modern city. As shown above, HCI is providing an organizational chart showing the relationship of the City of Commerce and our proposed consultant team. Our proposed personnel are all headquartered in our Tustin office, have worked together on numerous similar traffic signal modification design projects for over (15+) years, and will remain during the term of a new agreement. For these particular services, HCI is proposing as the prime consultant, with no required sub-consultants.
Traffic Signal
Monitoring
Trammell Hartzog
Scott Ma, PE, TE
Senior Engineer
Michael Vallado,
Associate Engineer
Greg Cabey, Traffic Signals
Systems Supervisor
Todd Hartzog,
Senior Designer
Dave Martorano,
Senior Designer
Bess TestLab, Inc.
(potholing sub)
Contract Principal‐In‐Charge
Jerry Stock, PE, TE,
Principal Engineer
Principal Project Manager
Scott Ma, PE, TE,
Senior Engineer
Field Assessment Preparation of
Traffic Signal
Modification Plans
Jerry Stock, PE, TE
Scott Ma, PE, TE
Michael Vallado
Dave Martorano,
Senior Designer
Todd Hartzog,
Senior Designer
NPDES, Surveying, Map/
Easement/Legal Description,
Landscape Design
Jerry Stock, PE, TE
(under Mr. Stock’s direction)
Lori Wolfe, PE
(NPDES)
David Lindell, RLS
(Surveying Services)
CL Surveying
(Surveying Services)
Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce
SECTION 3: PROJECT TEAM, KEY PERSONNEL AND RESUMES (continued) Mr. Gerald J. Stock, PE, TE – Civil/Traffic Principal Engineer, Contract Principal-in-Charge Mr. Gerald ‘Jerry’ Stock is executive vice president of HCI for (22) years, and a registered professional Civil and Traffic Engineer with more than (30) years of municipal engineering experience. Jerry presently serves the City of Bellflower as contract City Engineer and City Traffic Engineer since November 2000. Prior to Bellflower, he also served the City of Norwalk as City Engineer, as a member of City staff. Jerry also currently provides On-Call Traffic Engineering Services to the City of Laguna Hills. As such, he has first-hand experience with the day-to-day challenges, as well as opportunities for the development of solutions to a variety of traffic/transportation-related issues. Jerry will provide QA/QC support on this project.
Mr. Scott Ma, PE, TE – Senior Engineer, Principal Project Manager Mr. Scott Ma is a senior engineer with HCI for (17) years, and is currently providing part-time contract City Traffic Engineer services to the City of Lake Forest, as well as on-call traffic engineering services to the City of Hermosa Beach. Scott will remain available to serve the City of Commerce and provide the requested Traffic Engineering Design Services for these signalized intersection improvements.
Scott is a licensed Civil and Traffic Engineer registered in the State of California and brings over (22) years of engineering experience. Scott’s experience includes preparation of numerous traffic signal and signing & striping plans for our various city clients, reviewing and conducting a variety of traffic studies including but not limited to, warrant analyses, preparing and reviewing traffic impact analyses reports and recommendations, responding to community requests such as crosswalks, traffic signals, stop signs, parking matters, and also performing project management that includes responsibility for final design preparation and submittal of project plans, specifications, and estimates (PS&E). His experience also includes overseeing numerous aspects of our client cities’ consulting service requirements in regards to review of traffic-related requests, analyses and operational studies, permits, and other daily duties requested. A copy of Scott’s civil and traffic engineer licenses can be provided upon request.
Mr. Michael A. Vallado – Associate Engineer
Mr. Michael ‘Mike’ Vallado provides assistance to our two firm principals and two senior engineers in the area of preparation of traffic signal and signing & striping plans, traffic signal and left-turn phasing warrant analysis reports, traffic signal operations (LOS) and queuing analyses, Stop sign analyses, and related project specifications. Mike will remain available to serve the City of Commerce and provide the Traffic Engineering Design Services. Mike brings over (23) years of experience specifically related to traffic-engineering and signal design. Five of these years were devoted to running the City of Glendora's Traffic Engineering section, while the past (18) years have been with HCI. His primary responsibilities with HCI include preparing traffic signal analysis reports/recommendations, warrant analyses and evaluations, project specifications, and final review/preparation of PS&E to our client cities.
Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce
SECTION 3: PROJECT TEAM, KEY PERSONNEL AND RESUMES (continued) Mr. David Martorano – Senior Designer
Mr. David ‘Dave’ Martorano provides assistance in the area of traffic engineering design, as well as be available to conduct field-reviews for the traffic signal modification related tasks and applicable traffic signal equipment. Dave has been with HCI for (26) years with overall experience in traffic engineering design. His responsibilities with HCI include project research and full AutoCAD design on all traffic-related projects, including traffic signal and signing & striping, interconnect, and traffic control plans.
All above project members have worked together on similar traffic signal design projects over the past (15+) years. There are no expected changes to our key personnel during the term of a new agreement. If there are any changes outside of our firm’s control, HCI will discuss the proposed changes with City staff beforehand, in order to continue providing our steadfast services.
SECTION 4: REFERENCES
SIMILAR WORK PERFORMED IN THE LAST FIVE (5) YEARS FOR PUBLIC AGENCIES Below is a listing of five (5) relevant City references where HCI continues our on-going, on-call traffic engineering and design services for review and verification of our experience. All references include the successful completion for the preparation of similar traffic signal modification plans:
1. City of Bellflower - City Engineer & City Traffic Engineer Contract Services, Mr. Len Gorecki, Public Works Director, [email protected] (562) 804-1424 (since 2000) Project Manager and Principal in Charge – Mr. Gerald J. Stock, PE, TE
2. City of Hermosa Beach - On-Call Traffic Engineer Contract Services (since 2006) Mr. Lucho Rodriguez, Deputy City Engineer, [email protected], (310) 318-0210; On-Call Traffic Engineer – Mr. Scott Ma, PE, TE
3. City of Lake Forest – City Traffic Signal Management Services, (949) 461-3480 Mr. Thomas E. Wheeler, P.E., Director of Public Works, [email protected] As-Needed Professional Engineering Services (since 2014) Project Manager in Charge of Traffic Engineering Services – Mr. Scott Ma, PE, TE
4. City of Tustin - City Traffic Engineering & Signal Operations Services, (714) 573-3263 Mr. Ken Nishikawa, Deputy Director of Public Works, [email protected] As-Needed Professional Engineering Services (since 1994) Project Manager in Charge of Traffic Engineering Services – Mr. Doug Anderson Traffic Signal Operations Support Services / Signal Monitoring Project Manager and Principal in Charge of Signals – Mr. Trammell Hartzog On-Call Traffic Signal, Signing & Striping, & Traffic Control Plan-Checking Services Project Manager in Charge of Plan-Checking Services – Mr. Scott Ma, PE, TE Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce
SECTION 4: REFERENCES (continued)
5. City of Yorba Linda - On-Call City Traffic Engineering Services, (714) 961-7170 Mr. Tony Wang, Traffic Engineering Manager, [email protected] (since 1994) Project Manager and Principal in Charge of Signals – Mr. Trammell Hartzog SECTION 5: FIRM QUALIFICATIONS
DESCRIPTION OF FIRM
Hartzog & Crabill, Inc. (HCI) is a California corporation operating as a private traffic engineering consulting firm, which has been in business since 1993 offering the same types of traffic engineering services under the same name (over 28 years of related experience). The firm’s sole office location is headquartered in Tustin, CA, which provides quick, easy access to the majority of our client cities. Our general firm information, including legal name, address, telephone numbers, and title information of our two company owners/principals are provided below:
Hartzog & Crabill, Inc.
17852 E. 17th Street, Suite 101
Tustin, CA 92780
Phone (714) 731-9455
Fax (714) 731-9498
Federal Tax ID #33-0575354
Attn: Mr. Trammell Hartzog, President
Email: [email protected]
and
Attn: Mr. Gerald J. Stock, Executive Vice President
Email: [email protected]
Trammell Hartzog is the president and co-owner (50%) of HCI, and is authorized to commit to contractual terms and conditions resulting from this submittal. Gerald J. Stock, PE, TE, is the executive vice-president and co-owner (50%) of HCI, and is also authorized to commit to contractual terms and conditions resulting from this submittal.
What distinguishes our firm as the best choice for the City of Commerce is that for the past (28) years, HCI has been successfully providing these same types of traffic engineering design services to numerous, neighboring Los Angeles, Orange, and Riverside County local agencies. Recently, our HCI project team has completed the following traffic signal design plans:
City of Bellflower – HCI completed 3 new traffic signal designs in 2020: 1) Bellflower Blvd at Harvard St.; 2) Bellflower Blvd at Mayne St.; and 3) Woodruff Ave at Lindale St. The designs included signing/striping and minor civil engineering work. Both Bellflower Blvd signals included decorative signal equipment.
Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce
SECTION 5: FIRM QUALIFICATIONS (continued)
City of Whittier – HCI completed a new/modified traffic signal design for the off-set T-intersection of Greenleaf Avenue and Putnam Street in 2019. The design included updating the existing signal and including the adjacent offset T-intersection into one signalized intersection with special offset overlap phasing. The design also included new video detection, EVP, signing & striping design, and minor civil engineering work. City of Laguna Hills – HCI completed a new traffic signal design for the intersection of Moulton Parkway and Gordon Road in 2018, which included signing/striping design and new ADA-compliant curb ramps. City of Stanton – Two signal designs completed in 2017: One new traffic signal design for the intersection of Western Avenue and Thunderbird Lane/Stanton Central Park involving UPRR, and included signing & striping design. The other is a signal modification design for the intersection of Dale Avenue and Chanticleer Road, which had an existing flashing beacon replaced with a full traffic signal.
Our unparalleled value/experience that we bring in traffic engineering design truly allows us to focus our work more efficiently in completion of design work and meet our client’s schedules.
TYPICAL SERVICES
Working with numerous Southern California cities, HCI has been responsible for directing the activities of Traffic Divisions, providing expertise to City Engineering and Planning staffs, and responding to requests, inquiries and concerns of citizens and City Council members.
From our office location, HCI continuously operates eleven (11) local agencies’ citywide traffic signal systems. HCI is the largest private consulting firm in Southern California that monitors more than (600) signalized intersections on behalf of our client cities. The local agencies where HCI operates and maintains the coordination timing for traffic signals are the following cities:
1) Aliso Viejo 5) Laguna Hills 9) Stanton
2) Cerritos 6) Moorpark 10) Tustin
3) Cypress 7) Ran. Santa Margarita 11) Yorba Linda
4) Indian Wells 8) San Juan Capistrano
SECTION 6: CITY STANDARD CONTRACT
HCI understands that a new agreement will be effective from the date of the contract award. As we have numerous local city agencies with on-going/on-call traffic engineering and traffic signal operations support services, HCI is very familiar with the City’s requirements under their sample draft Professional Services Agreement (PSA). At this time, as our sole comment, HCI respectfully requests to strike the words ‘agents’ and ‘volunteers’ in the Indemnification section.
If selected, HCI has the ability and will provide all updated City of Commerce insurance and business license requirements at the time of execution of a new agreement.
Proposal for Design Services for Various Signalized Intersection Improvements in the City of Commerce
SECTION 7: ADDENDA ACKNOWLEDGEMENT
HCI has most recently reviewed the City’s Bids and RFPs website (PlanetBids), and acknowledges receipt of Addendum #1 to this particular RFP. HCI understands and agrees with the terms and conditions in this sole Addendum issued by the City.
FEE PROPOSAL
As outlined in the City’s RFP, our Fee Proposal is submitted in a separate PDF file containing our proposed tasks, staff hours, and hourly rates to complete these services under a new agreement with the City of Commerce.
Hartzog & Crabill, Inc.
Consulting Traffic Engineers
17852 E. 17th Street, Suite 101, Tustin, CA 92780 (714) 731-9455
REQUIRED FORMS
(EXHIBIT 10-T)
Hartzog & Crabill, Inc.
Consulting Traffic Engineers
17852 E. 17th Street, Suite 101, Tustin, CA 92780 (714) 731-9455
CERTIFICATE OF INSURANCE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
3/30/2022
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
The Certificate Team [email protected] License#: 6003745 XL Specialty Insurance Company 37885 HART&CR-01 The Travelers Indemnity Company of Connecticut 25682 Hartzog & Crabill, Inc.
17852 E 17th St Ste 101
Tustin CA 92780
Travelers Property Casualty Company of America 25674 799908007 B X 1,000,000 X 1,000,000 X Contractual Liab 10,000 Included 1,000,000 2,000,000 X X Y Y 6802R675237 8/18/2021 8/18/2022
2,000,000
B 1,000,000 X XY Y BA0S476320 8/18/2021 8/18/2022
C
X X 2,000,000 Y Y CUP2R681140 8/18/2021 8/18/2022
2,000,000 X
0 C Y UB2R682241 8/18/2021 8/18/2022
X
1,000,000 1,000,000 1,000,000
A Professional Liability DPR9982403 8/18/2021 8/18/2022 Per Claim Aggregate
$3,000,000
$4,000,000
General Liability policy excludes claims arising out of the performance of professional services. Professional Liability Policy is E&O Liability. Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies. Umbrella Liability policy is follow-form to its underlying Policies:
General Liability/Auto Liability/Employers Liability.
Re: - Signage on Interstate 5 for the City of Commerce -- The City of Commerce and any and all of its officials, employees are named as additional insured as respects to general & auto liability coverage as required by written contract. Coverage afforded the Additional Insured is Primary and Non-Contributory as respects to General Liability coverage. Waiver of Subrogation included in Work Comp. coverage as required by written contract.
CANCELLATION/CHANGE: 30 day notice will be sent to the certificate holder by Certified Mail. 30 Day Notice of Cancellation City of Commerce
Attn: Edgar P Cisneros, City Mgr
2535 Commerce Way
Commerce CA 90040
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COMMERCIAL GENERAL LIABILITY
ISSUED DATE:
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Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 6802R675237 3/30/2022
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COMMERCIAL GENERAL LIABILITY
ISSUED DATE:
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Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "productscompleted operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs.
Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 6802R675237 3/30/2022
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this methoo, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory basis. this insurance is primary to other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury'' or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit perioo we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION V - DEFINITIONS
1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, prooucts or services
for the purposes of attracting customers or
supporters is considered an advertisement.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy #
6802R675237
COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical services" to any person to the extent not (b) First aid or "Good Samaritan services" subject to Paragraph 2.a.(1) of Section II by any of your "employees" or "volunteer Who Is An Insured. workers", other than an employed or volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III LIMITS OF INSURANCE: services" during their work hours for you will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any
3. The following replaces the last sentence of one person, and will be the higher of:
Paragraph 5. of SECTION III LIMITS OF a. $10,000; or
INSURANCE:
b. The amount shown in the Declarations of For the purposes of determining the this Coverage Part for Medical Expense
applicable Each Occurrence Limit, all related
Limit. acts or omissions committed in providing or
failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION PROFESSIONAL LIABILITY services" to any one person will be deemed The following is added to Paragraph 4.b., to be one "occurrence".
Excess Insurance, of SECTION IV
4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I CONDITIONS:
COVERAGES COVERAGE A BODILY
This insurance is excess over any of the other
INJURY AND PROPERTY DAMAGE
insurance, whether primary, excess, contingent LIABILITY:
or on any other basis, that is Professional Sale Of Pharmaceuticals Liability or similar coverage, to the extent the
"Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. OR AGREEMENT
5. The following is added to the DEFINITIONS
Section: The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, "Incidental medical services" means: of SECTION IV COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS:
ray or nursing service or treatment,
If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of
furnishing of food or beverages; or
recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of:
6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV occurs; or COMMERCIAL GENERAL LIABILITY
CONDITIONS: b. "Personal and advertising injury" caused by an offense that is committed; This insurance is excess over any valid and collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.
CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy #
6802R675237
ANY PERSON OR ORGANIZATION THAT
YOU ARE REQUIRED TO INCLUDE AS
ADDITIONAL INSURED ON THE COVERAGE
FORM IN A WRITTEN CONTRACT OR
AGREEMENT THAT IS SIGNED AND
EXECUTED BY YOU BEFORE THE BODILY
INJURY OR PROPERTY DAMAGE
OCCURS AND THAT IS IN EFFECT
DURING THE POLICY PERIOD.
COMMERCIAL AUTO
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
SCHEDULE
Name Of Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is ered Autos Liability Coverage in the Business Auto an "insured" for Covered Autos Liability Coverage, but and Motor Carrier Coverage Forms and Paragraph only to the extent that person or organization qualifies D.2. of Section I Covered Autos Coverages of the as an "insured" under the Who Is An Insured provi- Auto Dealers Coverage Form. sion contained in Paragraph A.1. of Section II CovCA 20 48 10 13 Insurance Services Office, Inc., 2011 Page 1 of 1 BA0S476320
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations
5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver apers To Us plies only to the person or organization desigWe waive nated in such contract. any right of recovery we may have against any person or organization to the extent
CA T3 40 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy #
BA0S476320
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)
POLICY NUMBER:
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium.
Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Insurance Company Countersigned by
DATE OF ISSUE: Page 1 of 1
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.
UB2R682241 Travelers Property Casualty Company of America 3/30/2022 Hartzog & Crabill, Inc.
Consulting Traffic Engineers
17852 E. 17th Street, Suite 101, Tustin, CA 92780 (714) 731-9455
PROJECT TEAM RESUMES
Gerald J. Stock, PE, TE
Executive Vice-President
RESUME
Years of Experience: 30
Education:
1989 BSCE, Civil Engineering,
University of Colorado, Denver
1978 BS, Geology,
California State University, Long Beach
Professional Registrations &
Certifications:
Registered Civil Engineer–California
No. 52822
Registered Traffic Engineer–California
No. 2049
Chi Epsilon – 1989
Professional Affiliations:
American Public Works Association
American Society of Civil Engineers
Mr. Stock is Executive Vice President with the consulting firm of Hartzog & Crabill, Inc. (HCI) in charge of city and traffic engineering services. He provides consulting to public agencies from both a technical and organizational perspective. Mr. Stock’s background includes a broad array of municipal projects from project conception through completion. He has directed city staffs in both long-term capital project planning as well as the day-to-day activities associated with managing a municipal engineering department.
Mr. Stock’s experience includes over (30) years of project management, capital improvement planning, design, and contract administration. He is well-versed in both the technical and the political challenges of municipal engineering activities.
Mr. Stock has recently completed Engineering and Traffic surveys for the Cities of San Juan Capistrano, South Gate, Indian Wells, Laguna Niguel, and San Gabriel, and in prior years in Bellflower, Hermosa Beach, Laguna Hills, Monrovia, Monterey Park, Moorpark, Villa Park, and Yucaipa. In every case, the project was completed on time and on budget.
Administration:
Since 2000, Mr. Stock has served the City of Bellflower as contract City Engineer and City Traffic Engineer. Mr. Stock also serves the City of Hermosa Beach as on-call Traffic Engineer. Prior to joining HCI, Mr.
Stock was employed by the City of Norwalk as their in-house City Engineer. Mr. Stock represents the Engineering/Public Works Department before the Public Safety and Planning Commissions, as well as the City Council for his client cities.
Mr. Stock has directed City staffs and consultants regarding the administration of client city’s Congestion Management Program, NPDES activities, grant applications and grant administration, underground utility districts, and pipeline/utility franchises.
Transportation:
Most recently, Mr. Stock oversaw the design and construction of the widening of Bellflower Boulevard, between Artesia Boulevard and the SR91 Freeway ramps, using Measure R funds via the SR-91/I-605 Freeway/I405 Freeway Technical Advisory Committee.
Mr. Stock prepared intersection widening plans in the City of Laguna Hills, as well as completed the Engineering and Traffic Surveys for Speed Limits in the Cities of Laguna Hills, Laguna Niguel, San Juan Capistrano, and Yorba Linda.
The City of Bellflower selected Mr. Stock to represent the City on the technical advisory committee (TAC) of the SR-91/I-605 Needs Assessment Major Corridor Study. As vice-chair of the TAC, Mr. Stock’s role is to ensure that the City’s interests are protected during the planning and development of major improvements along the SR-91and I-605 Freeways in Bellflower.
Scott Q. Ma, PE, TE
Senior Engineer
RESUME
Years of Experience: 21
Education:
2002 BSCE, Civil Engineering,
University of California, Berkeley
Professional Registrations &
Certifications:
Registered Civil Engineer–California
No. 70812
Registered Traffic Engineer–California
No. 2519
Professional Affiliations:
Institute of Transportation Engineers
Mr. Scott Ma is a Senior Engineer with the traffic engineering consulting firm of Hartzog & Crabill, Inc (HCI). Mr. Ma is registered Civil and Traffic Engineer with the State of California, and has over (21) years of engineering experience.
Mr. Ma’s responsibilities with HCI include preparing traffic analyses, traffic signal warrant studies, multiway stop warrant studies, parking studies, traffic index (TI) calculation, project management, and preparation of civil engineering construction plans, specifications and estimates (PS&E). Mr. Ma is currently serving the City of Lake Forest as part-time contract City Traffic Engineer, as well as providing on-call traffic engineering services to the City of Hermosa Beach. Scott previously served as consulting Traffic Engineer for over six years for the City of South Gate.
Prior Experience:
P&D Consultants / DMJM Harris / AECOM 2004-2008
Transportation Engineer
Prepared Traffic Impact Studies
o Forecasted traffic volumes and project trip generation, distribution and assignment
o Calculated Level of Services (LOS)
o Identified significant adverse impacts based on City’s or County’s threshold of significances
o Recommended mitigation measures for significant adverse impacts o Conducted traffic signal warrant analyses
o Analyzed site specific traffic issues such as on-site parking, sight distances, queuing analyses, gap analyses, truck turning analyses, parking structure operations, and neighborhood impacts
Prepared Parking Studies
o Forecasted parking demand based on the shared parking methodology, Institute of Transportation Engineers (ITE) parking rates, City parking codes, and parking counts
o Analyzed parking demand versus parking supply
Conducted Civil Engineering work
o Prepared demolition, paving, grading, street improvements, and signage and striping plans
o Calculated structural pavement thicknesses
o Designed vertical and horizontal curves
o Conducted truck turning analyses
o Prepared construction cost estimates
City of Oakland, CA – Transportation Services Department 2001-2002 Engineering Intern, Part Time
Designed speed bumps/humps
Evaluated speed bumps/humps requests by residents
Evaluated Stop sign requests by residents
Conducted speed zone surveys
Michael A. Vallado
Associate Engineer
RESUME
Years of Experience: 22
Education:
BSCE – Civil Engineering, 1997
California State University, CA
Professional Affiliations:
City Traffic Engineers (CTE)
Member, Orange County Traffic
Engineering Council (OCTEC)
Traffic Signal Association (TSA) for
Los Angeles, Orange, Riverside, and San
Bernardino Counties
Mr. Vallado brings over (22) years of civil engineering experience specifically related to traffic engineering and signal design.
Five (5) of these years were devoted to managing the City of Glendora’s Traffic Engineering section, while the last (17) years have been with Hartzog & Crabill, Inc. (HCI).
Mr. Vallado’s responsibilities with HCI include conducting trafficengineering warrant studies, developing traffic Level-of-Service (LOS) operational analysis reports and providing recommendations, preparing specifications, and project management of final preparation of project plans, specifications and estimates (PS&E) to client cities.
Mr. Vallado has also assisted with the construction management of several traffic signal construction projects for various client cities.
PRIOR EXPERIENCE:
City of Glendora, Public Works Department, Glendora, CA 1999-2003 Civil Engineering Assistant-Traffic
Maintained the operations of forty (40) traffic signals in the city. Administered the entire process of the Traffic Safety Committee, including preparing the Agenda, gathering data for initial staff recommendations, notifying all affected residents, reserving Council Chambers, transcribing minutes from the meeting for City Council approval, and implementing all approved changes by issuing work orders.
Designed and prepared plans, specifications, and estimates for new traffic signals, signal upgrades, and signing/striping projects. Managed the duties of a Traffic Engineering Aide to assist in all aspects of the Traffic Engineering Division.
Developed and implemented a new Preferential Parking District for residents in the vicinity of Glendora High School.
Inspected sight-distance requests regarding traffic issues. Oversaw the speed hump design and installation project on Ada Ave between Cullen Ave and Glenwood Ave.
Reviewed traffic control plans for all different types of project developments.
Scienscope International, Inc., Walnut, CA 1998-1999
Product Manager
Developed and produced specifications and owner’s manuals for all optical engineering products manufactured/sold.
Answered technical information from company distributors and customers regarding manufactured products.
Attended product trade shows in various cities and states to display/promote optical products and meet with clients. Assisted with marketing/advertising of all products in company Internet website, magazines, registers and suppliers handbooks. Translated catalog information into Spanish for customer base in Mexico and South America.
FEE PROPOSAL FOR
DESIGN SERVICES FOR VARIOUS SIGNALIZED
INTERSECTIONS IMPROVEMENT PROJECT
STATE FUNDED PROJECT 07-LA-0-CMRC HSIPSL-5362(028)
Prepared for:
City of Commerce
2535 Commerce Way
Commerce, CA 90040
Attention:
Mr. Daniel Hernandez, Public Works Director
Presented by:
Hartzog & Crabill, Inc.
Traffic Engineers
17852 E. 17th Street, Suite 101
Tustin, CA 92780
(714) 731-9455
April 7, 2022
FEE PROPOSAL FOR
DESIGN SERVICES FOR VARIOUS SIGNALIZED
INTERSECTIONS IMPROVEMENT PROJECT
STATE FUNDED PROJECT 07-LA-0-CMRC HSIPSL-5362(028)
FEE PROPOSAL
HCI is proposing to provide the requested traffic engineering design services listed in the subject City RFP, as a sole prime traffic engineering consultant and does not intend on using any subconsultants.
As specified in the City’s RFP, under this separate file, HCI is proposing to use the attached man-hour task breakdown of our proposed staffing plan positions that will be performing the requested Traffic Engineering Design Services. All proposed rates and costs in the man-hour task breakdown include miscellaneous costs such as mileage, travel time, duplication, materials, incidental services, and clerical support.
By signing this transmittal below, we both attest that all hourly rates and information submitted in the attached Fee Proposal will be adhered to when entering into a new agreement with the City of Commerce that will begin at the City’s discretion (tentatively set to begin on April 18, 2022).
Very truly yours,
HARTZOG & CRABILL, INC.
Trammell Hartzog Gerald J. Stock, PE, TE
President Executive Vice President
City & Traffic Engineering Services
FEE PROPOSAL FEE PROPOSAL
DESIGN SERVICES FOR VARIOUS SIGNALIZED INTERSECTIONS IMPROVEMENT DESIGN SERVICES FOR VARIOUS SIGNALIZED INTERSECTIONS IMPROVEMENT PROJECT IN THE CITY OF COMMERCESTATE FUNDED PROJECT, 07-LA-0-CMRC HSIPSL-5362(028) , (
PRINCIPAL SENIOR ASSOCIATE SENIOR DESIGNER
NO OF TOTAL
SENIOR DESIGNER
(T H t ) ENGINEER ENGINEER (D M t )
PRINCIPAL SENIOR ASSOCIATE
NO. OF (Tram Hartzog) ENGINEER ENGINEER (Dave Martorano) TOTAL PLAN (Jerry Stock, PE, TE) (Scott Ma, PE, TE) (Michael Vallado) (Todd Hartzog) SHEETS $175 h $150 h $145 h $130 h
(Jerry Stock, PE, TE) (Scott Ma, PE, TE) (Michael Vallado) (Todd Hartzog) SHEETS $175 per hour $150 per hour $145 per hour $130 per hour TASK DESCRIPTION Shts Hours $ Hours $ Hours $ Hours $ Hours $ 1 Project Management Project Management
- Agreement for Professional Services and Insurance g No Charge $0.00 - Attend Pre-Design Meeting / City Calls / 10 Progress Meetings Att d P D i M ti / Cit C ll / 10 P M ti 14 $2 100 00 $2,100.00 6 $870 00 $870.00 20 0. $2 970 00 $2,970.00 2 Utility Coordination Utility Coordination 4 $600.00 $600.00 4 $580.00 $580.00 16 $2,080.00 $2,080.00 24.0 $3,260.00 $3,260.003 Preliminary Engineering Preliminary Engineering 4 $600 00 $600.00 24 $3 120 00 $3,120.00 28 0. $3 720 00 $3,720.004 Plans, Specifications, and Estimate (60%, 90% & 100% PS&E) ,p , ( , ) - Field Review Field Review 6 $900 00 $900.00 24 $3 120 00 $3,120.00 30 0. $4 020 00 $4,020.00 - Title Sheet - Title Sheet 1 1 $150 00 $150.00 8 $1 040 00 $1,040.00 90. $1 190 00 $1,190.00 - Preparation of (4) Traffic Signal Modification Plans: Preparation of (4) Traffic Signal Modification Plans: - Eastern Avenue at Telegraph Road E t A tT l hR d 1 8 $1 200 00 $1,200.00 50 $6 00 00 $6,500.00 58.0 $ 00 00 $7,700.00 - Slauson Avenue at Eastern Avenue Slauson Avenue at Eastern Avenue 1 4 $600 00 $600.00 24 $3 120 00 $3,120.00 28 0. $3 720 00 $3,720.00 Garfield Avenue at Flotilla Street - Garfield Avenue at Flotilla Street 1 8 $1 200 00 $1,200.00 50 $6 500 00 $6,500.00 58 0. $7 700 00 $7,700.00 - Washington Boulevard at Garfield Avenue W hi B l d G fi ld A g 1 4 $600.00 24 $3,120.00 , 28.0 $3,720.00 , - Specifications Specifications 6 $900 00 $900.00 24 $3 480 00 $3,480.00 30 0. $4 380 00 $4,380.00 Cost Estimate - Cost Estimate 4 $600 00 $600.00 8 $1 040 00 $1,040.00 12 0. $1 640 00 $1,640.00 - QA/QC 10 $1,750.00 10.0 $1,750.00 5 Bidding & Construction Support Bidding & Construction Support (RFI's Subm Review 12 Meetings) (RFI s, Subm. Review, 12 Meetings) 30 $4 500 00 $4,500.00 8 $1 160 00 $1,160.00 12 $1 560 00 $1,560.00 50 0. $7 220 00 $7,220.006 P R d D i (A B ilt ) Prepare Record Drawings (As-Builts) p g( 5 2 $300.00 20 $2,600.00 , 22.0 $2,900.00 , Reimbursables, Mileage, Reproduction, Miscellaneous. Reimbursables, Mileage, Reproduction, Miscellaneous. $300.00 TOTAL LUMP SUM FIXED DESIGN FEE: TOTAL LUMP SUM FIXED DESIGN FEE: 10 10 $1 750 00 $1,750.00 95 $14 250 00 $14,250.00 42 $6 090 00 $6,090.00 260 $33 800 00 $33,800.00 407 $56 190 00 $56,190.00 April 7, 2022
1 EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Commerce or otherwise act on behalf of Commerce as an agent.
Neither the City of Commerce nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement.
Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Commerce.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of a wholly independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.
D. Consultant represents to the City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, including Consultant’s failure to comply with Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.
Consultant further agrees to defend, indemnify, and hold the City harmless for any and 2 all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.
2. Standard of Performance
Consultant shall perform all work consistent with but limited to, that degree of skill and care ordinarily used by other reputable members of Consultant’s profession, practicing in the same or similar locality and under similar circumstances. to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.
3. Indemnification.
A. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
B. Notwithstanding the foregoing and without diminishing any rights of City under Section 3(a), for any liability, claim, demand, allegation against City arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless City, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of Consultant, except for the negligence of, or willful misconduct of City. If it is determined the City’s negligence or willful misconduct contributed to the liability or damage, Consultant shall be required to provide indemnification to the City and reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.
C. It is understood that the duty of Consultant to indemnify and hold harmless is subject to and includes the duty to defend as set forth in Section 2782.8 of the California Civil Code as further addressed in Section 3(a) above. Acceptance by the City of insurance certificates and endorsements required under this Agreement does 3 not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
4. Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability 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. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses; (IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $3,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
B. City, its officers, officials, employees shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance policies shall be issued by an insurance company currently 4 authorized by the Insurance Commissioner to transact business of insurance or 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.
D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to :
Daniel Hernandez, Public Works Director. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees. Any insurance or self-insurance maintained by the City, its officers, officials, employees shall be excess of Consultant’s insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.
5. Release of Information/Confidentiality.
A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of 5 such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response
6. Ownership of Work Product.
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. 6 Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.
8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination.
Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.
10. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or 7 termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
14. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.
15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right 8 or remedy available to City with regard to such breach or default.
16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non-binding arbitration.
19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
20. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.
21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.
22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of 9 any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.