City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Sec ID Name From To Area ID MPAH Func Class Surface Type Lanes L W Area Current RSL Insp. Date PCI PCT Load PCT Environment PCT Other Work History Type Work History Date 382 01 PORTOFINO CR - 382 SEVILLE WAY END OF STREET 20 ~ R - Residential/Local A - AC 2 540 32 17,280 30 3/31/25 81 10 90 0 Surface Treatment - Slurry Seal 06/30/2018 484 01 TREMEZZO DR - 484 RAVARI DR END OF STREET 20 ~ R - Residential/Local A - AC 2 774 32 24,784 26 3/13/25 81 24 76 0 Surface Treatment - Slurry Seal 06/30/2018 445 01 SPRUCE CT - 445 NORTH END SOUTH END 22 ~ R - Residential/Local A - AC 2 720 39 28,080 24 3/10/25 81 43 57 0 SLURRY SEAL 10/01/2023 227 01 JEFFREY MARK ST - 227 LAWRENCE DR END OF STREET 23 ~ R - Residential/Local A - AC 2 835 33 27,555 26 3/13/25 81 7 63 30 Surface Treatment - Slurry Seal 06/30/2018 232 01 JUANITA ST - 232 BALL RD ORANGE AVE 23 ~ R - Residential/Local A - AC 2 2,625 39 103,960 27 4/10/25 81 10 81 9 SLURRY SEAL 10/01/2023 317 01 MT RIPLEY DR - 317 HOLDER ST PAULINE DR 23 ~ R - Residential/Local A - AC 2 1,065 36 38,340 25 3/10/25 81 10 90 0 Surface Treatment - Slurry Seal 06/30/2018 363 01 PAULINE DR - 363 MT RIPLEY DR ROSEMARY DR 23 ~ R - Residential/Local A - AC 2 1,315 36 47,340 27 3/10/25 81 0 100 0 SLURRY SEAL 10/01/2023 407 02 ROSEMARY DR - 407 MT RIPLEY DR JUANITA ST 23 ~ R - Residential/Local A - AC 2 1,985 36 71,460 27 3/10/25 81 16 84 0 SLURRY SEAL 10/01/2023 144 01 DORIS CIR - 144 MARION AVE END OF STREET 26 ~ R - Residential/Local A - AC 2 475 37 17,575 25 3/14/25 81 49 51 0 SLURRY SEAL 03/01/2022 319 03 MYRA AVE - 319 MOODY ST WALKER ST 27 ~ R - Residential/Local O - AC/AC 2 2,605 36 93,780 30 3/12/25 81 83 17 0 Surface Treatment - Slurry Seal 05/28/2021 381 01 PONDER ST - 381 MARION AVE END OF STREET 27 ~ R - Residential/Local A - AC 2 850 35 29,750 22 3/12/25 81 58 42 0 Surface Treatment - Slurry Seal 05/28/2021 493 01 VERNON CT - 493 SARATOGA AVE END OF STREET 27 ~ R - Residential/Local A - AC 2 125 37 4,625 29 3/14/25 81 53 41 6 Surface Treatment - Slurry Seal 05/28/2021 528 01 WHIRLAWAY ST - 528 MARION AVE END OF STREET 27 ~ R - Residential/Local A - AC 2 850 35 29,750 22 3/12/25 81 71 29 0 Surface Treatment - Slurry Seal 05/28/2021 151 01 ELINORA LN - 151 ANGELA AVE END OF STREET 28 ~ R - Residential/Local O - AC/AC 2 420 38 15,960 28 3/6/25 81 64 36 0 SLURRY SEAL 01/28/2020 268 01 LORRAINE ST - 268 CERRITOS SERVICE RD MARCELLA AVE 28 ~ R - Residential/Local A - AC 2 1,390 33 45,870 27 3/6/25 81 58 42 0 SLURRY SEAL 01/28/2020 408 01 ROXBURY CT - 408 SALTAIR DR END OF STREET 28 ~ R - Residential/Local A - AC 2 415 36 14,940 26 3/6/25 81 0 100 0 SLURRY SEAL 01/28/2020 523 02 WATSON ST - 523 LINCOLN AVE END OF STREET 09 ~ R - Residential/Local O - AC/AC 2 790 40 31,600 33 3/11/25 82 77 23 0 SLURRY SEAL 01/26/2021 409 01 ST ANN AVE - 409 CITY LIMIT (BUENA PARK) WALKER ST 10 ~ R - Residential/Local O - AC/AC 2 1,295 32 41,440 24 3/11/25 82 0 100 0 Surface Treatment - Slurry Seal 07/01/2022 390 01 RAINIER DR - 390 WHITNEY WAY DENNI ST 14 ~ R - Residential/Local A - AC 2 685 36 24,660 30 3/11/25 82 17 83 0 SLURRY SEAL 02/13/2019 160 01 EUCALYPTUS CIR - 160 REDWOOD ST END OF STREET 15 ~ R - Residential/Local A - AC 2 520 38 19,760 32 3/12/25 82 61 39 0 SLURRY SEAL 02/13/2019 443 01 SOWMA WAY - 443 GRINDLAY ST END OF STREET 15 ~ R - Residential/Local A - AC 2 305 40 12,200 32 3/12/25 82 25 37 38 SLURRY SEAL 02/13/2019 192 01 GRAHAM CIR - 192 NEWMAN AVE END OF STREET 16 ~ R - Residential/Local A - AC 2 200 42 8,400 27 3/6/25 82 26 22 52 Surface Treatment - Slurry Seal 06/30/2018 236 01 KAREN AVE - 236 VALLEY VIEW AVE WALKER ST 16 ~ R - Residential/Local O - AC/AC 2 2,636 32 83,790 38 3/6/25 82 33 67 0 Surface Treatment - Slurry Seal 06/30/2018 021 01 ADAGIO LN - 021 SEVILLE WAY END OF STREET 20 ~ R - Residential/Local A - AC 2 428 32 13,696 30 3/31/25 82 41 59 0 Surface Treatment - Slurry Seal 06/30/2018 209 01 HANOVER DR - 209 WALKER ST GRINDLAY ST 21 ~ R - Residential/Local A - AC 2 1,290 34 43,860 28 3/6/25 82 64 36 0 SLURRY SEAL 02/13/2019 143 01 DOREEN DR - 143 MT RIPLEY DR ROSEMARY DR 23 ~ R - Residential/Local A - AC 2 970 36 34,920 24 3/10/25 82 0 97 3 SLURRY SEAL 10/01/2023 252 01 LAWRENCE ST - 252 JUANITA ST LAWRENCE DR 23 ~ R - Residential/Local A - AC 2 1,218 32 38,960 29 3/13/25 82 38 44 18 Surface Treatment - Slurry Seal 06/30/2018 064 02 BEAVER CIR - 064 PATRICIA CIR END OF STREET 25 ~ R - Residential/Local O - AC/AC 2 250 40 10,000 34 3/7/25 82 73 24 3 Surface Treatment - Slurry Seal 11/04/2010 125 01 CYNTHIA CIR - 125 AURELIA AVE END OF STREET 28 ~ R - Residential/Local A - AC 2 210 47 9,870 23 3/14/25 82 0 100 0 SLURRY SEAL 01/28/2020 281 01 MARACA ST - 281 ORANGEWOOD AVE GRENADA AVE 41 ~ R - Residential/Local O - AC/AC 2 120 35 4,200 31 3/6/25 82 33 67 0 SLURRY SEAL 10/01/2024 131 01 DANA WAY - 131 KATELLA AVE DARWIN WAY 42 ~ R - Residential/Local O - AC/AC 2 680 40 27,200 25 3/31/25 82 80 14 6 SLURRY SEAL 4/23/2025 291 01 MATINICUS COURT - 291 ORANGEWOOD AVE END OF STREET 42 ~ R - Residential/Local A - AC 2 750 36 24,560 18 3/14/25 82 74 26 0 SLURRY SEAL 4/23/2025 324 01 NASHAWENA CT - 324 SOUTHAMPTON DR END OF STREET 42 ~ R - Residential/Local A - AC 2 240 41 9,840 22 3/14/25 82 70 30 0 SLURRY SEAL 4/23/2025 061 01 BATAAN ST - 061 WEST END TALAUD 47 ~ R - Residential/Local A - AC 2 1,080 37 39,960 22 3/5/25 82 0 25 75 SLURRY SEAL 4/1/2025 353 01 PALAWAN ST - 353 BATAAN ST END OF STREET 47 ~ R - Residential/Local A - AC 2 290 39 11,310 27 3/5/25 82 3 26 70 SLURRY SEAL 4/1/2025 489 01 TULAGI ST - 489 MALDEN ST END OF STREET 47 ~ R - Residential/Local A - AC 2 170 47 7,990 22 2/28/25 82 0 39 61 SLURRY SEAL 4/1/2025 220 01 JALUIT STR - 220 TARAWA ST HOLDER ST 48 ~ R - Residential/Local A - AC 2 495 36 17,820 22 3/14/25 82 0 32 68 SLURRY SEAL 4/1/2025 332 01 NEW YORK AVE - 332 BELMONT ST SUMNER PL 08 ~ R - Residential/Local O - AC/AC 2 330 33 10,890 33 3/5/25 83 11 89 0 SLURRY SEAL 10/01/2023 066 01 BELDAY ST - 066 ALASKA AVE NEW YORK 09 ~ R - Residential/Local O - AC/AC 2 570 32 18,240 38 3/11/25 83 0 100 0 SLURRY SEAL 01/26/2021 199 02 GRINDLAY ST - 199 NEW YORK AVE END OF STREET 09 ~ R - Residential/Local O - AC/AC 2 216 36 7,776 32 3/11/25 83 0 100 0 SLURRY SEAL 01/26/2021 045 02 ASHBURY AVE - 045 JULIE BETH ST END OF STREET 14 ~ R - Residential/Local A - AC 2 500 33 16,500 28 3/12/25 83 53 31 16 SLURRY SEAL 02/13/2019 301 01 MIDDLEBURY AVE - 301 FERNBURY ST END OF STREET 14 ~ R - Residential/Local A - AC 2 525 37 19,425 30 3/20/25 83 64 36 0 SLURRY SEAL 02/13/2019 432 01 SHASTA CIR - 432 WHITNEY WAY END OF STREET 14 ~ R - Residential/Local A - AC 2 615 35 21,525 33 3/11/25 83 0 100 0 SLURRY SEAL 02/13/2019 523 03 WATSON ST - 523 NELSON ST LINCOLN AVE 15 ~ R - Residential/Local A - AC 2 920 36 33,120 30 3/12/25 83 18 82 0 SLURRY SEAL 02/13/2019 193 02 GRAHAM ST - 193 NEWMAN ST NELSON ST 16 ~ R - Residential/Local A - AC 2 350 42 14,700 28 3/6/25 83 76 24 0 SLURRY SEAL 10/01/2023 501 01 VIA MEDIA - 501 PASEO DE ORO AVENIDA SEVILLE 19 ~ R - Residential/Local A - AC 2 655 32 20,960 32 4/4/25 83 71 29 0 Surface Treatment - Slurry Seal 06/30/2018 025 01 ALCAMO LN - 025 RAVARI DR END OF STREET 20 ~ R - Residential/Local A - AC 2 485 32 15,520 28 3/13/25 83 0 95 5 Surface Treatment - Slurry Seal 06/30/2018 341 01 NOVARA LN - 341 AVENIDA GRENADA END OF STREET 20 ~ R - Residential/Local A - AC 2 524 32 16,768 31 3/13/25 83 64 36 0 Surface Treatment - Slurry Seal 06/30/2018 421 01 SANTORINI DR - 421 SEVILLE WAY ORTANO LN 20 ~ R - Residential/Local A - AC 2 551 36 19,836 28 3/31/25 83 25 66 9 Surface Treatment - Slurry Seal 06/30/2018 490 01 TUSCANI DR - 490 SORRENTO DR SILVRETTA DR 20 ~ R - Residential/Local A - AC 2 1,108 36 39,888 30 3/13/25 83 27 73 0 Surface Treatment - Slurry Seal 06/30/2018 181 01 FRED DR - 181 GENE ST VALLEY VIEW ST 23 ~ R - Residential/Local A - AC 2 975 34 33,150 25 3/13/25 83 47 53 0 SLURRY SEAL 10/01/2023 237 01 KATHLEEN DR - 237 MT RIPLEY DR ROSEMARY DR 23 ~ R - Residential/Local A - AC 2 1,155 36 41,580 29 3/10/25 83 0 94 6 SLURRY SEAL 10/01/2023 251 01 LAWRENCE DR - 251 JAMES ALAN ST LAWRENCE ST 23 ~ R - Residential/Local A - AC 2 430 32 13,760 31 3/13/25 83 36 60 4 Surface Treatment - Slurry Seal 06/30/2018 057 02 BARBARA ANNE ST - 057 MARION AVE MYRA AVE 26 ~ R - Residential/Local A - AC 2 825 33 27,225 29 3/14/25 83 64 36 0 SLURRY SEAL 03/01/2022 067 01 BELLE AVE - 067 MOODY ST END OF STREET 26 ~ R - Residential/Local A - AC 2 505 37 18,685 29 4/4/25 83 56 44 0 SLURRY SEAL 03/01/2022 287 02 MARION AVE - 287 DENNI ST MOODY ST 26 ~ R - Residential/Local A - AC 2 2,595 37 96,015 30 3/14/25 83 32 60 8 SLURRY SEAL 03/01/2022 267 01 LONGDEN ST - 267 CERRITOS AVE MARION AVE 27 ~ R - Residential/Local A - AC 2 860 33 28,380 30 3/12/25 83 47 53 0 Surface Treatment - Slurry Seal 05/28/2021 458 01 ST. JOAN ST - 458 MARION AVE MARCELLA AVE 27 ~ R - Residential/Local O - AC/AC 2 470 33 15,510 32 3/12/25 83 69 31 0 Surface Treatment - Slurry Seal 05/28/2021 049 01 AURELIA AVE - 049 CERRITOS SERVICE RD MARCELLA AVE 28 ~ R - Residential/Local A - AC 2 1,390 33 45,870 31 3/6/25 83 43 43 13 SLURRY SEAL 01/28/2020 067 03 BELLE AVE - 067 WALKER ST END OF STREET 28 ~ R - Residential/Local A - AC 2 1,175 34 39,950 26 3/12/25 83 68 27 5 SLURRY SEAL 01/28/2020 096 02 CATHY AVE - 096 VALLEY VIEW ST CONDEE ST 28 ~ R - Residential/Local O - AC/AC 2 610 36 21,960 33 3/6/25 83 46 54 0 SLURRY SEAL 01/28/2020 084 01 CAMDEN DR - 084 CERRITOS AVE CORPORATE AVE 34 ~ R - Residential/Local A - AC 2 678 40 27,120 30 3/7/25 83 11 45 44 SLURRY SEAL 01/28/2020 194 01 GRAND MANAN DR - 194 HOLDER ST KNOTT ST 42 ~ R - Residential/Local A - AC 2 3,297 34 114,170 23 4/14/25 83 0 44 56 SLURRY SEAL 4/23/2025 075 01 BLACKMER ST - 075 CITY LIMIT (GARDEN GROVE) NORTH END 46 ~ R - Residential/Local A - AC 2 285 42 11,970 28 3/5/25 83 58 36 6 SLURRY SEAL 10/01/2024 072 01 BIKINI ST - 072 PALAU ST PITCAIRN ST 47 ~ R - Residential/Local A - AC 2 220 36 7,920 21 2/28/25 83 61 39 0 SLURRY SEAL 4/1/2025 093 02 CAROB ST - 093 GEM AVE END OF STREET 01 ~ R - Residential/Local A - AC 2 360 38 13,680 28 3/5/25 84 40 60 0 Surface Treatment - Slurry Seal 05/28/2021 365 01 PEARL CIR - 365 BIRCH ST CITY LIMIT (LAKEWOOD) 01 ~ R - Residential/Local O - AC/AC 2 130 32 4,160 31 3/5/25 84 0 100 0 Surface Treatment - Slurry Seal 05/28/2021 462 01 SUMNER PL - 462 LINCOLN AVE MERTEN AVE 08 ~ R - Residential/Local O - AC/AC 2 1,274 33 42,042 33 3/5/25 84 54 46 0 SLURRY SEAL 10/01/2023 024 02 ALASKA AVE - 024 MOODY ST END OF STREET 09 ~ R - Residential/Local O - AC/AC 2 975 32 31,200 39 3/11/25 84 0 100 0 SLURRY SEAL 01/26/2021 135 01 DE LONG ST - 135 WALKER ST SANTA MARGARITA 09 ~ R - Residential/Local O - AC/AC 2 1,280 34 43,520 29 3/11/25 84 0 80 20 SLURRY SEAL 01/26/2021 331 01 NEW MEXICO LN - 331 LANETT ST END OF STREET 09 ~ R - Residential/Local O - AC/AC 2 400 36 14,400 29 3/11/25 84 0 97 3 SLURRY SEAL 01/26/2021 133 01 DANNY AVE - 133 CYPRESS AVE WALKER 10 ~ R - Residential/Local A - AC 2 1,135 33 37,455 29 3/11/25 84 0 80 20 Surface Treatment - Slurry Seal 07/01/2022 074 02 BISHOP ST - 074 MOODY ST END OF STREET 14 ~ R - Residential/Local O - AC/AC 2 700 33 23,100 33 3/12/25 84 31 35 33 SLURRY SEAL 02/13/2019 157 01 ESTHER ST - 157 LEMON AVE NEWMAN AVE 14 ~ R - Residential/Local A - AC 2 650 33 21,450 31 3/12/25 84 70 30 0 SLURRY SEAL 02/13/2019 074 01 BISHOP ST - 074 WALKER ST GRINDLAY 15 ~ R - Residential/Local O - AC/AC 2 1,200 36 43,200 33 3/12/25 84 59 41 0 SLURRY SEAL 02/13/2019 393 01 REDWOOD ST - 393 EUCALYPTUS CIR SEQUOIA AVE 15 ~ R - Residential/Local A - AC 2 215 32 6,880 33 3/12/25 84 38 62 0 SLURRY SEAL 02/13/2019 515 01 VISTA SERENA - 515 VISTA HERMOSA END OF STREET 15 ~ R - Residential/Local A - AC 2 500 36 18,000 34 3/12/25 84 44 56 0 SLURRY SEAL 02/13/2019 262 01 LIME CIR - 262 KAREN AVE END OF STREET 16 ~ R - Residential/Local O - AC/AC 2 300 41 12,300 33 3/6/25 84 0 100 0 SLURRY SEAL 10/01/2023 364 01 PEACH ST - 364 LIME AVE NEWMAN ST 16 ~ R - Residential/Local A - AC 2 1,046 33 34,518 35 3/6/25 84 36 64 0 Surface Treatment - Slurry Seal 06/30/2018 118 01 CORSO CIR - 118 RAVARI DR END OF STREET 20 ~ R - Residential/Local A - AC 2 763 32 24,800 29 3/13/25 84 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 374 01 PIAZZA CT - 374 AMALFI ST END OF STREET 20 ~ R - Residential/Local A - AC 2 230 32 7,360 32 3/31/25 84 16 84 0 Surface Treatment - Slurry Seal 06/30/2018 505 01 VICTORIA CT - 505 NORMANDY WAY END OF STREET 20 ~ R - Residential/Local O - AC/AC 2 380 38 14,440 33 3/31/25 84 25 75 0 Surface Treatment - Slurry Seal 06/30/2018 524 01 WELLINGTON CT - 524 NORMANDY WAY END OF STREET 20 ~ R - Residential/Local O - AC/AC 2 370 39 14,430 33 3/31/25 84 32 68 0 Surface Treatment - Slurry Seal 06/30/2018 222 01 JAMES ALAN STR - 222 JUANITA ST LAWRENCE DR 23 ~ R - Residential/Local A - AC 2 1,080 32 34,560 31 3/13/25 84 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 404 01 RONALD DR - 404 JUANITA ST DEBORAH ST 23 ~ R - Residential/Local A - AC 2 515 32 16,480 29 3/12/25 84 0 96 4 SLURRY SEAL 10/01/2023 223 01 JANICE LYNN CIR - 223 CATHY AVE END OF STREET 26 ~ R - Residential/Local O - AC/AC 2 395 38 15,010 35 3/7/25 84 66 34 0 SLURRY SEAL 03/01/2022 530 01 WILLIAM AVE - 530 CHRISTOPHER ST END OF STREET 26 ~ R - Residential/Local A - AC 2 425 34 14,450 29 3/14/25 84 32 64 4 SLURRY SEAL 03/01/2022 027 01 ALICE CIR - 027 BELLE AVE END OF STREET 28 ~ R - Residential/Local A - AC 2 295 36 10,620 27 3/12/25 84 68 25 7 SLURRY SEAL 01/28/2020 113 01 COMSTOCK CT - 113 SALTAIR ST END OF STREET 28 ~ R - Residential/Local A - AC 2 415 36 14,940 27 3/6/25 84 0 100 0 SLURRY SEAL 01/28/2020 167 01 FERN AVE - 167 HOLDER ST HESTER ST 35 ~ R - Residential/Local A - AC 2 1,980 36 71,280 29 3/6/25 84 7 93 0 SLURRY SEAL 01/28/2020
City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Sec ID Name From To Area ID MPAH Func Class Surface Type Lanes L W Area Current RSL Insp. Date PCI PCT Load PCT Environment PCT Other Work History Type Work History Date 198 01 GRETA CIR - 198 FERN AVE END OF STREET 35 ~ R - Residential/Local A - AC 2 255 41 10,455 29 3/6/25 84 45 44 11 SLURRY SEAL 01/28/2020 100 01 CERRITOS SERVICE RD - 100 RITTER ST END OF STREET 36 ~ R - Residential/Local A - AC 2 870 26 22,620 30 3/5/25 84 0 100 0 SLURRY SEAL 03/01/2022 241 01 KNOTT SERVICE RD - 241 JONATHAN AVE END OF STREET 36 ~ R - Residential/Local A - AC 2 935 27 25,245 27 3/5/25 84 0 84 16 SLURRY SEAL 03/01/2022 280 01 MAPLE ST - 280 WALNUT ST MANZANITA ST 36 ~ R - Residential/Local A - AC 2 980 35 34,300 30 3/5/25 84 0 55 45 SLURRY SEAL 03/01/2022 269 01 LOWELL CT - 269 GRAND MANAN DR END OF STREET 42 ~ R - Residential/Local A - AC 2 240 41 9,840 24 3/14/25 84 57 43 0 SLURRY SEAL 4/23/2025 302 01 MIDWAY DR - 302 APIA DR RABAUL DR 46 ~ R - Residential/Local A - AC 2 955 32 30,560 30 3/5/25 84 69 31 0 SLURRY SEAL 10/01/2024 468 01 TALAUD ST - 468 BATAAN ST END OF STREET 47 ~ R - Residential/Local A - AC 2 295 39 11,505 23 3/5/25 84 0 27 73 SLURRY SEAL 4/1/2025 356 01 PANAY ST - 356 ULITHI ST ORANGEWOOD AVE 48 ~ R - Residential/Local O - AC/AC 2 650 32 20,800 27 2/28/25 84 0 54 46 SLURRY SEAL 4/1/2025 266 01 LOLINA LN - 266 LANETT ST END OF STREET 09 ~ R - Residential/Local O - AC/AC 2 415 35 14,525 34 3/11/25 85 0 100 0 SLURRY SEAL 01/26/2021 444 01 SPRAGUE AVE - 444 CYPRESS AVE WALKER ST 10 ~ R - Residential/Local O - AC/AC 2 1,135 33 37,455 35 3/11/25 85 51 49 0 Surface Treatment - Slurry Seal 07/01/2022 277 01 MANCHESTER PL - 277 LEXINGTON ST END OF STREET 13 ~ R - Residential/Local A - AC 2 475 36 17,100 27 3/20/25 85 57 43 0 Surface Treatment - Slurry Seal 05/28/2021 257 01 LEMON CIR - 257 FERNBURY ST END OF STREET 14 ~ R - Residential/Local A - AC 2 525 37 19,425 29 3/20/25 85 56 44 0 SLURRY SEAL 02/13/2019 149 01 EDGEMONT CIR - 149 GRINDLAY ST END OF STREET 15 ~ R - Residential/Local A - AC 2 570 40 22,800 30 3/12/25 85 0 100 0 SLURRY SEAL 02/13/2019 074 03 BISHOP ST - 074 WALKER END OF STREET 16 ~ R - Residential/Local A - AC 2 835 33 27,555 28 3/12/25 85 0 100 0 SLURRY SEAL 10/01/2023 102 01 CHANTRY CT - 102 NORMANDY WAY END OF STREET 20 ~ R - Residential/Local O - AC/AC 2 390 38 17,365 38 3/31/25 85 29 59 12 Surface Treatment - Slurry Seal 06/30/2018 104 01 CHELSEA CT - 104 DENNI ST END OF STREET 20 ~ R - Residential/Local O - AC/AC 2 520 35 18,785 33 3/31/25 85 35 65 0 Surface Treatment - Slurry Seal 06/30/2018 086 01 CANTERBURY DR - 086 MOODY ST END OF STREET 21 ~ R - Residential/Local A - AC 2 1,898 36 66,410 30 3/6/25 85 60 40 0 SLURRY SEAL 02/13/2019 123 02 CUMBERLAND DR - 123 MOODY ST GRINDLAY ST 21 ~ R - Residential/Local A - AC 2 1,270 36 45,720 29 3/6/25 85 60 40 0 SLURRY SEAL 02/13/2019 196 02 GREGORY ST - 196 MARION AVE MYRA AVE 26 ~ R - Residential/Local A - AC 2 835 33 27,555 33 3/14/25 85 20 78 2 SLURRY SEAL 03/01/2022 114 01 CONDEE ST - 114 CATHY AVE MILDRED AVE 28 ~ R - Residential/Local O - AC/AC 2 255 36 9,180 36 3/6/25 85 43 57 0 SLURRY SEAL 01/28/2020 288 01 MARION CR - 288 ANGELA AVE END OF STREET 28 ~ R - Residential/Local O - AC/AC 2 420 39 16,380 38 3/6/25 85 34 66 0 SLURRY SEAL 01/28/2020 175 01 FLORENCE ST - 175 CERRITOS AVE END OF STREET 35 ~ R - Residential/Local A - AC 2 555 30 16,650 32 3/6/25 85 0 96 4 SLURRY SEAL 01/28/2020 185 01 GATEWAY DR - 185 VALLEY VIEW ST ALLEY 1 35 ~ R - Residential/Local A - AC 2 1,865 41 76,465 31 4/8/25 85 0 44 56 SLURRY SEAL 01/28/2020 179 01 FOREST ST - 179 CHESTNUT ST ALMOND ST 36 ~ R - Residential/Local A - AC 2 350 36 12,600 32 3/5/25 85 0 100 0 SLURRY SEAL 03/01/2022 469 01 TAMMY ST - 469 JONATHAN AVE ELM AVE 36 ~ R - Residential/Local A - AC 2 850 32 27,200 32 3/5/25 85 36 64 0 SLURRY SEAL 03/01/2022 520 01 WALNUT ST - 520 CHESTNUT ST MAPLE ST 36 ~ R - Residential/Local A - AC 2 1,040 36 37,440 32 3/5/25 85 0 100 0 SLURRY SEAL 03/01/2022 036 01 ANEGADA STR - 036 GRENADA AVE BARBADOS AVE 41 ~ R - Residential/Local A - AC 2 990 35 34,650 23 3/6/25 85 59 37 3 SLURRY SEAL 10/01/2024 466 01 SUVA ST - 466 JAVA ST END OF STREET 46 ~ R - Residential/Local A - AC 2 505 38 19,190 31 3/5/25 85 42 48 10 SLURRY SEAL 10/01/2024 340 01 NOUMEA ST - 340 COZUMEL ST VALLEY VIEW ST 47 ~ R - Residential/Local A - AC 2 135 36 4,860 35 3/5/25 85 17 83 0 Surface Treatment - Slurry Seal 05/30/2014 186 01 GAY ST - 186 CRESCENT AVE END OF STREET 01 ~ R - Residential/Local A - AC 2 1,825 24 43,800 32 3/5/25 86 30 66 4 Surface Treatment - Slurry Seal 05/28/2021 318 01 MULBERRY ST - 318 GEM AVE END OF STREET 01 ~ R - Residential/Local A - AC 2 310 36 11,160 27 3/5/25 86 49 51 0 Surface Treatment - Slurry Seal 05/28/2021 299 01 MERTEN AVE - 299 MOODY ST SUMNER PL 08 ~ R - Residential/Local A - AC 2 1,350 33 38,915 33 3/5/25 86 0 100 0 SLURRY SEAL 10/01/2023 083 01 CAMBRIDGE DR - 083 ORANGE AVE CHESHIRE DR 13 ~ R - Residential/Local O - AC/AC 2 1,145 36 41,220 32 3/20/25 86 0 54 46 Surface Treatment - Slurry Seal 05/28/2021 159 01 ETHEL ST - 159 ASHBURY AVE NEWMAN 14 ~ R - Residential/Local A - AC 2 930 33 30,690 32 3/12/25 86 64 36 0 SLURRY SEAL 02/13/2019 196 01 GREGORY ST - 196 LEMON AVE NEWMAN AVE 14 ~ R - Residential/Local A - AC 2 695 33 22,935 33 3/12/25 86 56 44 0 SLURRY SEAL 02/13/2019 256 01 LEMON AVE - 256 MOODY ST GREGORY ST 14 ~ R - Residential/Local A - AC 2 630 33 20,790 32 3/12/25 86 70 30 0 SLURRY SEAL 02/13/2019 508 01 VISTA BONITA - 508 VISTA HERMOSA END OF STREET 15 ~ R - Residential/Local A - AC 2 500 36 18,000 31 3/12/25 86 49 51 0 SLURRY SEAL 02/13/2019 364 02 PEACH ST - 364 ORANGE AVE LIME AVE 16 ~ R - Residential/Local A - AC 2 286 33 9,438 32 3/6/25 86 0 100 0 SLURRY SEAL 10/01/2023 050 01 AVENIDA CARMEL - 050 AVENIDA MATEO END OF STREET 19 ~ R - Residential/Local A - AC 2 730 35 25,550 31 4/8/25 86 7 93 0 Surface Treatment - Slurry Seal 06/30/2018 051 01 AVENIDA GRENADA - 051 DENNI ST VIA LINDA 19 ~ R - Residential/Local A - AC 2 460 32 14,720 32 3/31/25 86 48 52 0 Surface Treatment - Slurry Seal 06/30/2018 029 01 AMALFI ST - 029 CORSICA DR ORTANO LN 20 ~ R - Residential/Local A - AC 2 696 36 25,056 32 3/31/25 86 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 441 01 SORRENTO DR - 441 MOODY AVE BALL RD 20 ~ R - Residential/Local A - AC 2 2,826 39 110,214 31 3/13/25 86 28 72 0 Surface Treatment - Slurry Seal 06/30/2018 199 01 GRINDLAY ST - 199 BALL RD ORANGE AVE 21 ~ R - Residential/Local O - AC/AC 2 2,673 36 93,600 38 3/20/25 86 0 100 0 SLURRY SEAL 02/13/2019 401 01 ROME AVE - 401 ROME ST GRINDLAY ST 21 ~ R - Residential/Local A - AC 2 750 37 28,500 32 3/6/25 86 73 27 0 SLURRY SEAL 02/13/2019 253 01 LEE DR - 253 JUANITA AVE LEE ST 23 ~ R - Residential/Local A - AC 2 1,105 36 39,780 28 3/13/25 86 6 94 0 SLURRY SEAL 10/01/2023 407 01 ROSEMARY DR - 407 JUANITA ST DEBORAH ST 23 ~ R - Residential/Local A - AC 2 510 32 16,320 24 3/12/25 86 0 100 0 SLURRY SEAL 10/01/2023 362 01 PATRICIA DR - 362 DENNI ST CARY ST 25 ~ R - Residential/Local O - AC/AC 2 410 32 13,120 41 3/7/25 86 34 66 0 Surface Treatment - Slurry Seal 11/04/2010 419 01 SANTA MARIA ST - 419 TERESA AVE END OF STREET 25 ~ R - Residential/Local O - AC/AC 2 440 36 15,840 40 3/7/25 86 73 27 0 SLURRY SEAL 01/01/2016 096 01 CATHY AVE - 096 ROSE ANN CIR DENNI ST 26 ~ R - Residential/Local O - AC/AC 2 2,160 32 69,120 35 3/7/25 86 56 44 0 SLURRY SEAL 03/01/2022 449 01 ST FRANCIS CIR - 449 BELLE AVE END OF STREET 26 ~ R - Residential/Local A - AC 2 275 42 11,550 35 4/4/25 86 44 47 9 SLURRY SEAL 03/01/2022 215 01 HOLMBY CT - 215 SALTAIR DR END OF STREET 28 ~ R - Residential/Local A - AC 2 405 36 14,580 33 3/6/25 86 9 80 11 SLURRY SEAL 01/28/2020 154 01 ELM AVE - 154 BEATRICE ST FLORENCE AVE 35 ~ R - Residential/Local A - AC 2 1,270 33 41,910 28 3/6/25 86 12 73 16 SLURRY SEAL 01/28/2020 258 01 LEONE WAY - 258 HOLDER ST END OF STREET 35 ~ R - Residential/Local A - AC 2 265 41 10,865 33 3/6/25 86 0 71 29 SLURRY SEAL 01/28/2020 355 01 PAMELA ST - 355 JONATHAN AVE ELM AVE 36 ~ R - Residential/Local A - AC 2 810 32 25,920 34 3/5/25 86 9 91 0 SLURRY SEAL 03/01/2022 473 01 TEAKWOOD ST - 473 CHESTNUT ST MAPLE ST 36 ~ R - Residential/Local A - AC 2 985 32 31,520 35 3/5/25 86 0 100 0 SLURRY SEAL 03/01/2022 056 01 BARBADOS AVE - 056 PROVIDENCIA ST ANEGADA ST 41 ~ R - Residential/Local O - AC/AC 2 1,120 32 35,840 36 3/6/25 86 0 100 0 SLURRY SEAL 10/01/2024 389 01 RABAUL DR - 389 APIA DR MIDWAY DR 46 ~ R - Residential/Local A - AC 2 795 32 25,440 32 3/5/25 86 55 45 0 SLURRY SEAL 10/01/2024 378 01 PITCAIRN ST - 378 ONYX ST WEST END 47 ~ R - Residential/Local A - AC 2 1,520 36 54,720 25 2/28/25 86 64 34 2 SLURRY SEAL 4/1/2025 491 01 ULITHI ST - 491 PANAY ST WEST END 48 ~ R - Residential/Local O - AC/AC 2 490 36 17,640 23 2/28/25 86 0 48 52 SLURRY SEAL 4/1/2025 177 01 FONTAINBLEAU WY - 177 SIMONE WAY DENNI ST 02 ~ R - Residential/Local A - AC 2 1,430 32 45,760 33 3/5/25 87 2 98 0 SLURRY SEAL 03/01/2022 437 01 SIMONE WAY - 437 MARTINIQUE WAY FONTAINBLEAU WAY 02 ~ R - Residential/Local A - AC 2 510 32 16,320 33 3/5/25 87 35 65 0 SLURRY SEAL 03/01/2022 517 01 VONNIE LN - 517 CYPRESS AVE WALKER ST 10 ~ R - Residential/Local A - AC 2 1,095 33 36,135 33 3/11/25 87 12 57 31 Surface Treatment - Slurry Seal 07/01/2022 174 01 FLEETWOOD ST - 174 FLEETWOOD AVE CHESHIRE DR 13 ~ R - Residential/Local O - AC/AC 2 1,020 36 36,720 33 3/20/25 87 45 55 0 Surface Treatment - Slurry Seal 05/28/2021 265 01 LIVERMORE PL - 265 LEXINGTON ST END OF STREET 13 ~ R - Residential/Local A - AC 2 475 36 17,100 30 3/20/25 87 0 100 0 Surface Treatment - Slurry Seal 05/28/2021 234 04 JULIE BETH ST - 234 PARK AVE END OF STREET 14 ~ R - Residential/Local A - AC 2 590 36 21,240 34 3/12/25 87 51 45 4 SLURRY SEAL 02/13/2019 085 02 CAMP ST - 085 WATSON ST WALKER ST 15 ~ R - Residential/Local A - AC 2 615 36 22,140 35 3/12/25 87 0 100 0 SLURRY SEAL 02/13/2019 510 01 VISTA DEL SOL - 510 GRINDLAY ST END OF STREET 15 ~ R - Residential/Local O - AC/AC 2 420 36 15,120 39 3/12/25 87 46 46 8 SLURRY SEAL 02/13/2019 511 01 VISTA FORTUNA - 511 VISTA MESA END OF STREET 15 ~ R - Residential/Local A - AC 2 355 37 13,135 37 3/12/25 87 45 48 7 SLURRY SEAL 02/13/2019 328 01 NELSON ST - 328 WALKER ST END OF STREET 16 ~ R - Residential/Local A - AC 2 1,112 36 44,128 30 3/6/25 87 60 40 0 SLURRY SEAL 10/01/2023 040 01 ANZIO CT - 040 CARRARA CT END OF STREET 20 ~ R - Residential/Local A - AC 2 170 32 5,440 33 3/13/25 87 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 264 01 LIPARI CIR - 264 AMALFI ST END OF STREET 20 ~ R - Residential/Local A - AC 2 430 32 13,760 34 3/31/25 87 60 40 0 Surface Treatment - Slurry Seal 06/30/2018 339 01 NORMANDY WY - 339 CHANTRY CT VICTORIA CT 20 ~ R - Residential/Local O - AC/AC 2 1,100 36 39,600 37 3/31/25 87 33 62 5 Surface Treatment - Slurry Seal 06/30/2018 440 01 SONWELL PL - 440 ORANGE AVE WELLSON DR 22 ~ R - Residential/Local A - AC 2 555 36 19,980 29 3/6/25 87 0 100 0 SLURRY SEAL 10/01/2023 059 01 BARRY DR - 059 VALLEY VIEW ST END OF STREET 23 ~ R - Residential/Local A - AC 2 585 36 21,060 37 3/13/25 87 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 188 01 GENE ST - 188 LEE DR END OF STREET 23 ~ R - Residential/Local A - AC 2 505 34 17,170 27 3/13/25 87 0 100 0 SLURRY SEAL 10/01/2023 285 01 MARGARET ST - 285 LAWRENCE ST RONALD DR 23 ~ R - Residential/Local A - AC 2 485 36 17,460 36 3/12/25 87 11 78 11 Surface Treatment - Slurry Seal 06/30/2018 286 01 MARILYN DR - 286 MARGARET ST VALLEY VIEW ST 23 ~ R - Residential/Local A - AC 2 460 36 16,560 34 3/12/25 87 0 96 4 Surface Treatment - Slurry Seal 06/30/2018 017 01 ABRAHAM AVE - 017 CHRISTOPHER ST END OF STREET 26 ~ R - Residential/Local A - AC 2 475 36 17,100 34 3/14/25 87 19 81 0 SLURRY SEAL 03/01/2022 098 01 CATHY LN - 098 ANGELA AVE END OF STREET 28 ~ R - Residential/Local O - AC/AC 2 420 39 16,380 36 3/6/25 87 4 96 0 SLURRY SEAL 01/28/2020 400 01 RODEO CT - 400 MYRA AVE END OF STREET 28 ~ R - Residential/Local A - AC 2 190 38 7,220 30 3/13/25 87 6 68 26 SLURRY SEAL 01/28/2020 063 01 BEATRICE ST - 063 FERNE AVE END OF STREET 35 ~ R - Residential/Local A - AC 2 400 37 14,800 35 3/6/25 87 11 89 0 SLURRY SEAL 01/28/2020 111 01 CLAUDIA CIR - 111 ELM AVE END OF STREET 35 ~ R - Residential/Local A - AC 2 415 36 14,940 31 3/6/25 87 0 100 0 SLURRY SEAL 01/28/2020 106 01 CHESTNUT ST - 106 WALNUT ST FOREST ST 36 ~ R - Residential/Local A - AC 2 970 36 34,920 35 3/5/25 87 0 100 0 SLURRY SEAL 03/01/2022 398 01 RITTER ST - 398 JONATHAN AVE CERRITOS AVE 36 ~ R - Residential/Local O - AC/AC 2 1,155 37 42,735 30 3/5/25 87 0 96 4 AC OVERLAY (1.5") 03/01/2022 071 01 BIAK ST - 071 HOLDER ST PANAY 48 ~ R - Residential/Local O - AC/AC 2 490 32 15,680 29 2/28/25 87 0 67 33 SLURRY SEAL 4/1/2025 139 01 DEVON CIR - 139 SOMERSET LN END OF STREET 13 ~ R - Residential/Local O - AC/AC 2 420 37 15,540 39 3/20/25 88 62 38 0 Surface Treatment - Slurry Seal 05/28/2021 168 01 FERNBURY ST - 168 ASHBURY AVE NEWMAN AVE 14 ~ R - Residential/Local A - AC 2 1,010 36 36,360 33 3/20/25 88 60 40 0 SLURRY SEAL 02/13/2019 110 01 CITRUS CT - 110 WALKER ST END OF STREET 16 ~ R - Residential/Local A - AC 2 870 37 32,190 34 3/6/25 88 8 92 0 SLURRY SEAL 10/01/2023 337 01 NEWMAN ST - 337 NANCY ST WALKER ST 16 ~ R - Residential/Local A - AC 2 2,160 33 71,280 30 3/6/25 88 52 48 0 SLURRY SEAL 10/01/2023 205 01 HALIFAX CIR - 205 SALISBURY LN END OF STREET 21 ~ R - Residential/Local O - AC/AC 2 350 36 12,600 35 3/31/25 88 0 100 0 SLURRY SEAL 02/13/2019
City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Sec ID Name From To Area ID MPAH Func Class Surface Type Lanes L W Area Current RSL Insp. Date PCI PCT Load PCT Environment PCT Other Work History Type Work History Date 351 03 OXFORD DR - 351 OXFORD DR N END 21 ~ R - Residential/Local O - AC/AC 2 50 32 1,600 39 3/6/25 88 0 100 0 SLURRY SEAL 02/13/2019 525 01 WELLSON DR - 525 SONWELL PL END OF STREET 22 ~ R - Residential/Local A - AC 2 620 33 20,460 31 3/6/25 88 0 100 0 SLURRY SEAL 10/01/2023 230 01 JOEL CIR - 230 FRED DR END OF STREET 23 ~ R - Residential/Local A - AC 2 435 34 14,790 29 3/13/25 88 0 100 0 SLURRY SEAL 10/01/2023 226 01 JEANINE LN - 226 CATHY AVE END OF STREET 26 ~ R - Residential/Local O - AC/AC 2 385 38 14,630 41 3/7/25 88 0 100 0 SLURRY SEAL 03/01/2022 282 01 MARCELLA ST - 282 LORRAINE LN WALKER ST 28 ~ R - Residential/Local A - AC 2 540 33 17,820 34 3/6/25 88 42 58 0 SLURRY SEAL 01/28/2020 305 01 MILDRED LN - 305 ANGELA AVE END OF STREET 28 ~ R - Residential/Local O - AC/AC 2 420 39 16,380 39 3/6/25 88 43 57 0 SLURRY SEAL 01/28/2020 140 01 DIANE CIR - 140 ELM AVE END OF STREET 35 ~ R - Residential/Local A - AC 2 255 42 10,710 33 3/6/25 88 0 100 0 SLURRY SEAL 01/28/2020 169 01 FERNE AVE - 169 MAPLE ST HOLDER AVE 36 ~ R - Residential/Local A - AC 2 171 46 8,695 37 3/5/25 88 0 89 11 SLURRY SEAL 03/01/2022 183 01 GARDINERS CT - 183 GRAND MANAN DR END OF STREET 42 ~ R - Residential/Local A - AC 2 420 41 17,220 22 4/3/25 88 20 80 0 SLURRY SEAL 4/23/2025 399 01 ROANOKE CT - 399 GRAND MANAN DR END OF STREET 42 ~ R - Residential/Local A - AC 2 240 41 9,840 23 4/8/25 88 4 96 0 SLURRY SEAL 4/23/2025 307 01 MINDANAO ST - 307 LEYTE ST PITCAIRN ST 47 ~ R - Residential/Local A - AC 2 850 32 27,200 26 3/5/25 88 46 47 7 SLURRY SEAL 4/1/2025 240 01 KIWI CIR - 240 NEW ZEALAND ST END OF STREET 48 ~ R - Residential/Local O - AC/AC 2 470 36 16,920 29 2/28/25 88 0 51 49 SLURRY SEAL 4/1/2025 478 01 TIMARU CIR - 478 NEW ZEALAND ST END OF STREET 48 ~ R - Residential/Local A - AC 2 470 36 16,920 25 2/28/25 88 35 62 3 SLURRY SEAL 4/1/2025 290 01 MARTINIQUE WAY - 290 CRESCENT AVE MONIQUE WAY 02 ~ R - Residential/Local O - AC/AC 2 513 32 16,416 34 3/5/25 89 55 45 0 SLURRY SEAL 03/01/2022 312 01 MONIQUE WAY - 312 MARTINIQUE WAY END OF STREET 02 ~ R - Residential/Local O - AC/AC 2 775 35 27,125 39 3/5/25 89 0 97 3 SLURRY SEAL 03/01/2022 244 01 LA SALLE ST - 244 CRESCENT AVE END OF STREET 08 ~ R - Residential/Local A - AC 2 2,005 32 64,160 36 3/5/25 89 0 90 10 SLURRY SEAL 10/01/2023 127 01 CYPRESS AVE - 127 DANNY AVE NORTH END 10 ~ R - Residential/Local A - AC 2 830 32 26,560 33 3/11/25 89 0 88 12 Surface Treatment - Slurry Seal 07/01/2022 243 01 LA HOMA ST - 243 CRESCENT AVE DANIEL T. MACKAY ELEM. SCHOOL 10 ~ R - Residential/Local O - AC/AC 2 915 34 31,110 42 3/11/25 89 0 97 3 Surface Treatment - Slurry Seal 07/01/2022 105 01 CHESHIRE DR - 105 WEST END EAST END 13 ~ R - Residential/Local O - AC/AC 2 1,140 40 47,440 36 3/20/25 89 51 49 0 Surface Treatment - Slurry Seal 05/28/2021 026 01 ALDERBURY STR - 026 ORANGE AVE NEWMAN AVE 14 ~ R - Residential/Local A - AC 2 1,170 32 37,440 37 3/20/25 89 0 100 0 SLURRY SEAL 02/13/2019 336 01 NEWMAN AVE - 336 ALDERBURY ST DENNI ST 14 ~ R - Residential/Local A - AC 2 1,140 36 41,040 37 3/20/25 89 0 100 0 SLURRY SEAL 02/13/2019 509 01 VISTA DEL MAR - 509 GRINDLAY ST VISTA REAL 15 ~ R - Residential/Local O - AC/AC 2 505 32 16,160 44 3/12/25 89 0 100 0 SLURRY SEAL 02/13/2019 514 01 VISTA REAL - 514 GRINDLAY ST VISTA DEL MAR 15 ~ R - Residential/Local O - AC/AC 2 720 32 23,040 42 3/12/25 89 29 71 0 SLURRY SEAL 02/13/2019 532 01 WINDSOR CIR - 532 EVERGREEN AVE END OF STREET 15 ~ R - Residential/Local A - AC 2 420 38 15,960 36 3/12/25 89 72 28 0 SLURRY SEAL 02/13/2019 094 01 CARRARA CIR - 094 AVENIDA GRANADA END OF STREET 20 ~ R - Residential/Local A - AC 2 621 36 22,356 40 3/13/25 89 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 402 01 ROME ST - 402 ROME AVE END OF STREET 21 ~ R - Residential/Local A - AC 2 620 39 24,180 36 3/6/25 89 52 21 26 SLURRY SEAL 02/13/2019 292 01 MAXSON DR - 292 SONWELL PL END OF STREET 22 ~ R - Residential/Local A - AC 2 620 35 21,700 31 3/6/25 89 0 100 0 SLURRY SEAL 10/01/2023 403 01 RONALD CIR - 403 MARGARET ST END OF STREET 23 ~ R - Residential/Local A - AC 2 370 34 12,580 39 3/12/25 89 0 100 0 SLURRY SEAL 03/01/2022 108 01 CHRISTOPHER ST - 108 CERRITOS AVE CATHY AVE 26 ~ R - Residential/Local O - AC/AC 2 495 37 18,315 41 3/7/25 89 0 65 35 SLURRY SEAL 03/01/2022 108 03 CHRISTOPHER ST - 108 MARION AVE MYRA AVE 26 ~ R - Residential/Local A - AC 2 835 33 27,555 41 3/14/25 89 5 79 16 SLURRY SEAL 03/01/2022 361 01 PATRICIA CIR - 361 JEANINE LN END OF STREET 26 ~ R - Residential/Local O - AC/AC 2 400 38 15,200 40 3/7/25 89 19 72 9 SLURRY SEAL 03/01/2022 406 01 ROSE ANN CIR - 406 CATHY AVE END OF STREET 26 ~ R - Residential/Local O - AC/AC 2 385 32 12,320 35 3/7/25 89 0 100 0 SLURRY SEAL 03/01/2022 022 01 ADORE CIR - 022 BELLE AVE END OF STREET 28 ~ R - Residential/Local A - AC 2 240 38 9,120 39 3/12/25 89 0 88 12 SLURRY SEAL 01/28/2020 538 01 ENTERPRISE DR - 538 KATELLA AVE NORTH END 32 ~ R - Residential/Local A - AC 2 1,285 60 77,100 36 3/7/25 89 44 51 5 Surface Treatment - Slurry Seal 05/28/2021 069 01 BERNICE CIR - 069 ELM AVE END OF STREET 35 ~ R - Residential/Local A - AC 2 120 49 5,880 35 3/6/25 89 0 90 10 SLURRY SEAL 01/28/2020 103 01 CHARLES CT - 103 WALNUT ST END OF STREET 36 ~ R - Residential/Local A - AC 2 560 37 20,720 37 3/5/25 89 0 75 25 SLURRY SEAL 03/01/2022 169 02 FERNE AVE - 169 RITTER ST CHESTNUT ST 36 ~ R - Residential/Local A - AC 2 261 15 3,910 34 4/8/25 89 0 100 0 SLURRY SEAL 03/01/2022 272 01 LYNN CR - 272 WALNUT ST END OF STREET 36 ~ R - Residential/Local A - AC 2 535 37 19,795 38 3/5/25 89 0 100 0 SLURRY SEAL 03/01/2022 279 01 MANZANITA CR - 279 MAPLE ST END OF STREET 36 ~ R - Residential/Local A - AC 2 280 32 8,960 38 3/5/25 89 3 78 19 SLURRY SEAL 03/01/2022 475 01 THOMAS CIR - 475 WALNUT ST END OF STREET 36 ~ R - Residential/Local A - AC 2 575 38 21,850 31 3/5/25 89 0 100 0 SLURRY SEAL 03/01/2022 122 01 CULEBRA ST - 122 GRENADA AVE TRINIDAD AVE 41 ~ R - Residential/Local O - AC/AC 2 750 32 24,000 38 3/13/25 89 63 37 0 SLURRY SEAL 10/01/2024 134 01 DARWIN WAY - 134 DANA CIR WEST END 42 ~ R - Residential/Local O - AC/AC 2 560 40 22,400 31 3/31/25 89 52 41 7 SLURRY SEAL 4/23/2025 488 01 TRUK ST - 488 LAKIA DR ORANGEWOOD AVE 46 ~ R - Residential/Local A - AC 2 120 36 4,320 33 3/5/25 89 33 67 0 SLURRY SEAL 10/01/2024 344 01 ONYX ST - 344 CITY LIMIT (GARDEN GROVE) END OF STREET 47 ~ R - Residential/Local O - AC/AC 2 1,110 38 42,180 31 3/5/25 89 0 58 42 SLURRY SEAL 4/1/2025 472 01 TARAWA ST - 472 REEFTON AVE JALUIT ST 48 ~ R - Residential/Local A - AC 2 205 36 7,380 27 3/14/25 89 0 47 53 SLURRY SEAL 4/1/2025 371 01 PETITE LN - 371 MONIQUE WAY DENNI ST 02 ~ R - Residential/Local O - AC/AC 2 490 32 15,680 43 3/5/25 90 0 100 0 SLURRY SEAL 03/01/2022 191 01 GRACE AVE - 191 MOODY ST SUMNER PL 08 ~ R - Residential/Local A - AC 2 1,345 26 37,510 32 3/5/25 90 0 100 0 SLURRY SEAL 10/01/2023 045 01 ASHBURY AVE - 045 ALDERBURY ST FERNBURY ST 14 ~ R - Residential/Local A - AC 2 470 36 16,920 38 3/20/25 90 0 100 0 SLURRY SEAL 02/13/2019 157 02 ESTHER ST - 157 PARK AVE END OF STREET 14 ~ R - Residential/Local A - AC 2 510 38 19,380 40 3/12/25 90 0 39 61 SLURRY SEAL 02/13/2019 159 03 ETHEL ST - 159 PARK AVE END OF STREET 14 ~ R - Residential/Local A - AC 2 560 36 20,160 36 3/12/25 90 71 29 0 SLURRY SEAL 02/13/2019 196 03 GREGORY ST - 196 PARK ST END OF STREET 14 ~ R - Residential/Local A - AC 2 510 38 19,380 41 3/12/25 90 53 39 7 SLURRY SEAL 02/13/2019 234 03 JULIE BETH ST - 234 ORANGE AVE NEWMAN AVE 14 ~ R - Residential/Local A - AC 2 1,100 33 36,300 38 3/12/25 90 0 100 0 SLURRY SEAL 02/13/2019 348 01 ORTANO LN - 348 AMALFI ST SANTORINI DR 20 ~ R - Residential/Local A - AC 2 260 36 9,360 42 3/31/25 90 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 436 01 SILVRETTA DR - 436 AVENIDA GRANADA TUSCANI DR 20 ~ R - Residential/Local A - AC 2 675 36 24,300 38 3/13/25 90 10 90 0 Surface Treatment - Slurry Seal 06/30/2018 148 01 DRESDEN CIR - 148 GRINDLAY ST END OF STREET 21 ~ R - Residential/Local A - AC 2 310 37 11,470 35 3/6/25 90 56 44 0 SLURRY SEAL 02/13/2019 463 01 SUNNY CIR - 463 BARRY DR END OF STREET 23 ~ R - Residential/Local A - AC 2 255 36 9,180 42 3/13/25 90 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 417 01 SANTA CLARA ST - 417 CERRITOS AVE END OF STREET 25 ~ R - Residential/Local O - AC/AC 2 600 36 21,600 48 3/7/25 90 0 100 0 SLURRY SEAL 01/01/2016 420 01 SANTA RITA ST - 420 TERESA AVE END OF STREET 25 ~ R - Residential/Local O - AC/AC 2 445 39 17,355 48 3/7/25 90 25 75 0 SLURRY SEAL 01/01/2016 057 01 BARBARA ANNE ST - 057 CERRITOS AVE CATHY AVE 26 ~ R - Residential/Local O - AC/AC 2 495 37 18,315 38 3/7/25 90 0 94 6 SLURRY SEAL 03/01/2022 233 01 JULIE BETH CIR - 233 CATHY AVE END OF STREET 26 ~ R - Residential/Local O - AC/AC 2 395 38 15,010 40 3/7/25 90 0 100 0 SLURRY SEAL 03/01/2022 161 01 EUDORA CIR - 161 ELM AVE END OF STREET 35 ~ R - Residential/Local A - AC 2 160 48 7,680 37 3/6/25 90 0 100 0 SLURRY SEAL 01/28/2020 522 01 WARLAND DR - 522 VALLEY VIEW ST KATELLA AVE 40 ~ R - Residential/Local A - AC 2 3,202 40 128,080 36 3/10/25 90 0 59 41 Surface Treatment - Slurry Seal 05/28/2021 373 01 PHYLLIS DR - 373 HOPE ST VALLEY VIEW ST 41 ~ R - Residential/Local O - AC/AC 2 1,178 40 47,120 35 3/6/25 90 63 31 6 SLURRY SEAL 10/01/2024 039 01 ANTICOST WAY - 039 NORTH END NE END 42 ~ R - Residential/Local O - AC/AC 2 490 27 13,230 32 4/8/25 90 0 29 71 SLURRY SEAL 4/23/2025 352 01 PALAU ST - 352 LUZON ST END OF STREET 47 ~ R - Residential/Local A - AC 2 870 37 32,190 28 2/28/25 90 0 100 0 SLURRY SEAL 4/1/2025 378 02 PITCAIRN ST - 378 ONYX ST EAST END 47 ~ R - Residential/Local O - AC/AC 2 645 37 23,865 32 2/28/25 90 0 86 14 SLURRY SEAL 4/1/2025 424 01 SARCO ST - 424 REEFTON AVE CITY LIMIT (GARDEN GROVE) 48 ~ R - Residential/Local A - AC 2 140 33 4,620 28 2/28/25 90 0 82 18 SLURRY SEAL 4/1/2025 462 02 SUMNER PL - 462 MERTEN AVE CRESCENT AVE 08 ~ R - Residential/Local A - AC 2 1,136 33 37,500 40 3/5/25 91 0 100 0 SLURRY SEAL 10/01/2023 132 01 DANBURY ST - 132 ASHBURY AVE NEWMAN AVE 14 ~ R - Residential/Local A - AC 2 1,000 32 32,000 41 3/20/25 91 51 49 0 SLURRY SEAL 02/13/2019 189 01 GLENBROOK ST - 189 HANOVER DR OXFORD DR 21 ~ R - Residential/Local A - AC 2 645 36 23,220 40 3/6/25 91 62 38 0 SLURRY SEAL 02/13/2019 248 02 LARWIN AVE - 248 DENNI ST BALL RD 26 ~ R - Residential/Local O - AC/AC 2 2,015 38 76,570 37 4/4/25 91 0 100 0 AC OVERLAY (1.5") 03/01/2022 126 01 CYNTHIA LN - 126 ANGELA AVE EAST END 28 ~ R - Residential/Local O - AC/AC 2 420 39 16,380 47 3/6/25 91 0 100 0 SLURRY SEAL 01/28/2020 283 01 MARCELLA CIR - 283 ANGELA AVE END OF STREET 28 ~ R - Residential/Local O - AC/AC 2 540 39 21,060 42 3/6/25 91 15 85 0 SLURRY SEAL 01/28/2020 315 01 MONTSERRAT ST - 315 DOMINICA AVE CANTILES AVE 41 ~ R - Residential/Local O - AC/AC 2 980 32 31,360 39 2/28/25 91 0 100 0 SLURRY SEAL 10/01/2024 297 01 MERASHEEN WAY - 297 ANTICOST WAY PINCKNEY WAY 42 ~ R - Residential/Local O - AC/AC 2 200 34 6,800 32 4/4/25 91 55 45 0 SLURRY SEAL 4/23/2025 442 01 SOUTHAMPTON DR - 442 GRAND MANAN DR GRAND MANAN DR 42 ~ R - Residential/Local A - AC 2 1,830 36 65,880 29 3/14/25 91 45 55 0 SLURRY SEAL 4/23/2025 482 01 TONGA CIR - 482 SAVALL ST END OF STREET 47 ~ R - Residential/Local A - AC 2 400 38 15,200 26 2/28/25 91 55 32 13 SLURRY SEAL 4/1/2025 476 01 TIKI DR - 476 MOLOKAI DR HALAWA LN 48 ~ R - Residential/Local A - AC 2 1,070 36 38,520 27 2/28/25 91 3 86 11 SLURRY SEAL 4/1/2025 540 01 WILLOW DR - 540 PEPPERTREE LN DENNI ST 01 ~ R - Residential/Local A - AC 2 270 32 8,505 44 3/5/25 92 0 100 0 SLURRY SEAL 05/28/2021 068 02 BELMONT ST - 068 MERTEN AVE CRESCENT AVE 08 ~ R - Residential/Local A - AC 2 1,324 28 35,410 39 3/5/25 92 0 75 25 SLURRY SEAL 10/01/2023 293 01 MAYBURY CIR - 293 FERNBURY ST END OF STREET 14 ~ R - Residential/Local A - AC 2 525 37 19,425 43 3/20/25 92 12 88 0 SLURRY SEAL 02/13/2019 261 01 LIME AVE - 261 ALLEY 2 ALLEY 3 17 ~ R - Residential/Local A - AC 2 465 32 14,880 35 3/6/25 92 63 37 0 SLURRY SEAL 10/01/2023 058 01 BARCELONA LN - 058 BALL RD CUMBERLAND DR 21 ~ R - Residential/Local A - AC 2 480 36 17,280 42 3/12/25 92 54 46 0 SLURRY SEAL 02/13/2019 335 01 NEWCASTLE LN - 335 CUMBERLAND DR MELBOURNE DR 21 ~ R - Residential/Local A - AC 2 490 36 17,640 44 3/6/25 92 65 35 0 SLURRY SEAL 02/13/2019 342 01 OAKMONT ST - 342 HANOVER DR HALIFAX DR 21 ~ R - Residential/Local A - AC 2 435 30 13,050 42 3/6/25 92 0 26 74 SLURRY SEAL 02/13/2019 450 02 ST GEORGE CIR - 450 ROME AVE END OF STREET 21 ~ R - Residential/Local A - AC 2 240 41 9,840 42 3/6/25 92 0 100 0 SLURRY SEAL 02/13/2019 367 01 PEARTREE LN - 367 ORANGE AVE END OF STREET 22 ~ R - Residential/Local A - AC 2 610 34 20,740 37 3/6/25 92 0 86 14 SLURRY SEAL 10/01/2023 136 01 DEBORAH ST - 136 ROSEMARY DR RONALD DR 23 ~ R - Residential/Local A - AC 2 215 32 6,880 36 3/12/25 92 0 72 28 SLURRY SEAL 10/01/2023 248 01 LARWIN AVE - 248 BLOOMFIELD ST DENNI ST 25 ~ R - Residential/Local O - AC/AC 2 2,745 34 93,350 43 4/3/25 92 0 61 39 THIN AC OVERLAY(1.5 INCHES) 01/01/2016 418 01 SANTA ELISE ST - 418 CERRITOS AVE END OF STREET 25 ~ R - Residential/Local O - AC/AC 2 605 35 21,175 51 3/7/25 92 21 79 0 SLURRY SEAL 01/01/2016
City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Sec ID Name From To Area ID MPAH Func Class Surface Type Lanes L W Area Current RSL Insp. Date PCI PCT Load PCT Environment PCT Other Work History Type Work History Date 278 01 MANILA DR - 278 APIA DR LAKIA DR 46 ~ R - Residential/Local A - AC 2 995 36 35,820 39 3/5/25 92 0 100 0 SLURRY SEAL 10/01/2024 271 01 LUZON ST - 271 PALAU ST ORANGEWOOD AVE 47 ~ R - Residential/Local O - AC/AC 2 880 36 31,680 31 2/28/25 92 0 92 8 SLURRY SEAL 4/1/2025 410 01 SAIPAN ST - 410 ONYX ST END 47 ~ R - Residential/Local A - AC 2 760 37 28,120 26 2/28/25 92 39 49 12 SLURRY SEAL 4/1/2025 539 01 PEPPERTREE LN - 539 GAY ST WILLOW DR 01 ~ R - Residential/Local A - AC 2 470 31 14,570 42 3/5/25 93 0 100 0 SLURRY SEAL 05/25/2021 147 01 DOVER CIR - 147 SOMERSET LN END OF STREET 13 ~ R - Residential/Local O - AC/AC 2 420 37 15,540 41 3/20/25 93 0 100 0 Surface Treatment - Slurry Seal 05/28/2021 052 01 AVENIDA MADRID - 052 VIA MEDIA END OF STREET 19 ~ R - Residential/Local O - AC/AC 2 720 34 24,480 46 4/4/25 93 0 100 0 2 in Cold Mill & Overlay 06/30/2018 351 01 OXFORD DR - 351 GLENBROOK ST GRINDLAY ST 21 ~ R - Residential/Local O - AC/AC 2 1,270 35 44,450 53 3/6/25 93 0 100 0 SLURRY SEAL 02/13/2019 401 02 ROME AVE - 401 WALKER ST ROME ST 21 ~ R - Residential/Local A - AC 2 537 32 17,170 44 3/6/25 93 0 94 6 SLURRY SEAL 02/13/2019 319 02 MYRA AVE - 319 DENNI ST MOODY ST 26 ~ R - Residential/Local A - AC 2 2,645 37 97,865 37 3/14/25 93 77 23 0 SLURRY SEAL 03/01/2022 047 01 ATHENIA CIR - 047 BELLE AVE END OF STREET 28 ~ R - Residential/Local A - AC 2 295 39 11,505 45 3/12/25 93 38 62 0 SLURRY SEAL 01/28/2020 028 01 ALMOND ST - 028 FOREST ST CERRITOSAVE 36 ~ R - Residential/Local A - AC 2 145 34 4,930 37 3/5/25 93 0 58 42 SLURRY SEAL 03/01/2022 091 01 CARA WAY - 091 WARLAND DR KATELLA AVE 40 ~ R - Residential/Local A - AC 2 539 40 21,560 37 3/10/25 93 0 54 46 Surface Treatment - Slurry Seal 05/28/2021 273 01 MADEIRA ST - 273 GRENADA AVE TRINIDAD AVE 41 ~ R - Residential/Local O - AC/AC 2 750 31 23,250 32 3/31/25 93 0 0 100 THIN AC OVERLAY(1.5 INCHES) 10/01/2024 483 01 TORTUGA ST - 483 GRENADA AVE TRINIDAD AVE 41 ~ R - Residential/Local O - AC/AC 2 750 32 24,000 49 2/28/25 93 0 100 0 SLURRY SEAL 10/01/2024 078 01 BREWSTER CT - 078 GRAND MANAN DR END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 480 40 19,200 34 3/14/25 93 34 66 0 SLURRY SEAL 4/23/2025 124 01 CUTTYHUNK COURT - 124 SOUTHAMPTON DR END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 240 41 8,340 34 3/14/25 93 7 93 0 SLURRY SEAL 4/23/2025 349 01 OSSABAW CT - 349 GRAND MANAN DR END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 470 41 19,270 34 4/8/25 93 0 82 18 SLURRY SEAL 4/23/2025 388 01 QUIRPON WAY - 388 GRAND MANAN DR END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 260 33 7,782 34 4/8/25 93 21 24 55 SLURRY SEAL 4/23/2025 481 01 TOKELAU ST - 481 MALDEN ST HOLDER ST 47 ~ R - Residential/Local A - AC 2 650 36 23,400 25 2/28/25 93 32 44 25 SLURRY SEAL 4/1/2025 467 01 TAHITI DR - 467 LUAU LN HALAWA LN 48 ~ R - Residential/Local A - AC 2 1,000 36 36,000 31 2/28/25 93 0 83 17 SLURRY SEAL 4/1/2025 005 04 DENNI ST - 005 CRESCENT AVENUE WILLOW 02 ~ R - Residential/Local O - AC/AC 2 1,469 30 38,550 43 3/5/25 94 0 100 0 AC OVERLAY (1.5") 03/01/2022 150 01 ELECTRIC ST - 150 LINCOLN AVE END OF STREET 09 ~ R - Residential/Local O - AC/AC 2 500 38 19,000 48 3/11/25 94 0 100 0 1.5" GRIND & OVERLAY WITH LOCALIZED REPAIRS 01/26/2021 127 02 CYPRESS AVE - 127 SOUTH END NORTH END 10 ~ R - Residential/Local O - AC/AC 2 475 46 21,850 52 3/11/25 94 0 100 0 Surface Treatment - Slurry Seal 07/01/2022 173 01 FLEETWOOD AVE - 173 CAMBRIDGE ST FLEETWOOD ST 13 ~ R - Residential/Local O - AC/AC 2 210 36 7,560 54 3/20/25 94 0 100 0 Surface Treatment - Slurry Seal 05/28/2021 108 04 CHRISTOPHER ST - 108 PARK AVE END OF STREET 14 ~ R - Residential/Local A - AC 2 510 38 19,380 47 3/12/25 94 0 100 0 SLURRY SEAL 02/13/2019 245 01 LAKESHORE DR - 245 LAKESHORE DR END OF STREET 16 ~ R - Residential/Local O - AC/AC 2 155 49 7,595 51 3/6/25 94 0 100 0 SLURRY SEAL 10/01/2023 360 01 PASEO DE PLATA - 360 VIA MEDIA END OF STREET 19 ~ R - Residential/Local O - AC/AC 2 720 34 24,480 48 4/4/25 94 0 80 20 2 in Cold Mill & Overlay 06/30/2018 498 01 VIA LARGO - 498 AVENIDA MATEO BALL RD 19 ~ R - Residential/Local O - AC/AC 2 1,663 36 59,880 48 4/4/25 94 0 100 0 2 in Cold Mill & Overlay 06/30/2018 080 01 BRUNSWICK DR - 080 GRINDLAY ST NEWCASTLE LN 21 ~ R - Residential/Local A - AC 2 1,130 32 36,160 46 3/6/25 94 59 41 0 SLURRY SEAL 02/13/2019 116 01 CORPORATE AVE - 116 VALLEY VIEW ST PROGRESS AVE 34 ~ R - Residential/Local O - AC/AC 2 2,300 35 90,853 51 3/7/25 94 0 38 62 1.5" GRIND & OVERLAY WITH LOCALIZED REPAIRS 11/24/2020 289 01 MARKET PL - 289 PROGRESS WAY END OF STREET 34 ~ R - Residential/Local O - AC/AC 2 250 49 12,250 51 3/7/25 94 0 59 41 1.5" GRIND & OVERLAY WITH LOCALIZED REPAIRS 11/24/2020 044 01 ARUBA CT - 044 MADEIRA ST END OF STREET 41 ~ R - Residential/Local A - AC 2 185 43 7,955 34 2/28/25 94 0 100 0 SLURRY SEAL 10/01/2024 384 01 PRITCHARD WAY - 384 SOUTHAMPTON DR END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 370 31 11,470 31 4/4/25 94 37 57 6 SLURRY SEAL 4/23/2025 428 01 SEABROOK WAY - 428 SOUTHAMPTON DR PINCKNEY WAY 42 ~ R - Residential/Local O - AC/AC 2 515 26 13,390 34 4/4/25 94 0 66 34 SLURRY SEAL 4/23/2025 477 01 TILGHMAN WAY - 477 TANGIER WAY AMHERST WAY 42 ~ R - Residential/Local O - AC/AC 2 230 26 5,290 36 3/31/25 94 0 100 0 SLURRY SEAL 4/23/2025 506 01 VINALHAVEN CT - 506 WEST END EAST END 42 ~ R - Residential/Local A - AC 2 490 41 20,090 31 4/8/25 94 0 100 0 SLURRY SEAL 4/23/2025 255 01 LEILANI LN - 255 KNOTT ST HALAWA LN 48 ~ R - Residential/Local A - AC 2 1,125 36 40,500 28 2/28/25 94 0 100 0 SLURRY SEAL 4/1/2025 372 01 PHILO ST - 372 WALKER ST ELECTRIC ST 09 ~ R - Residential/Local O - AC/AC 2 290 36 10,440 51 3/11/25 95 0 100 0 1.5" GRIND & OVERLAY WITH LOCALIZED REPAIRS 01/26/2021 429 01 SELKIRK CT - 429 FLEETWOOD ST END OF STREET 13 ~ R - Residential/Local O - AC/AC 2 235 39 9,165 45 3/20/25 95 0 84 16 Surface Treatment - Slurry Seal 05/28/2021 502 01 VIA NORTE - 502 AVENIDA MONTEREY VIA ENTRADA 19 ~ R - Residential/Local O - AC/AC 2 910 32 29,120 51 3/20/25 95 0 100 0 2 in Cold Mill & Overlay 06/30/2018 206 01 HALIFAX DR - 206 OAKMONT ST GRINDLAY ST 21 ~ R - Residential/Local A - AC 2 630 31 19,530 48 3/6/25 95 0 100 0 SLURRY SEAL 02/13/2019 537 01 YORKSHIRE DR - 537 GRINDLAY ST HANOVER DR 21 ~ R - Residential/Local A - AC 2 720 33 23,760 48 3/6/25 95 24 76 0 SLURRY SEAL 02/13/2019 141 01 DINA CT - 141 LARWIN AVE ALLEY 15 25 ~ R - Residential/Local O - AC/AC 2 710 37 26,270 51 4/4/25 95 0 100 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2016 152 01 ELIZABETH CT - 152 LARWIN AVE END OF STREET 25 ~ R - Residential/Local O - AC/AC 2 555 37 20,535 51 4/3/25 95 0 100 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2016 158 01 ETHEL CIR - 158 CATHY AVE END OF STREET 26 ~ R - Residential/Local A - AC 2 390 38 14,820 46 3/7/25 95 30 70 0 SLURRY SEAL 03/01/2022 195 01 GREGORY CIR - 195 CATHY AVE END OF STREET 26 ~ R - Residential/Local O - AC/AC 2 395 38 15,010 45 3/7/25 95 35 65 0 SLURRY SEAL 03/01/2022 097 02 CATHY CIR - 097 SAINT ALBAN ST END OF STREET 27 ~ R - Residential/Local O - AC/AC 2 360 38 13,680 45 3/6/25 95 0 82 18 Surface Treatment - Slurry Seal 05/28/2021 494 01 VESSELS CIR - 494 WALKER ST END OF STREET 33 ~ R - Residential/Local A - AC 2 624 32 19,968 45 3/7/25 95 0 100 0 Surface Treatment - Slurry Seal 05/28/2021 533 01 WINNERS CIR - 533 KATELLA AVE END OF STREET 33 ~ R - Residential/Local A - AC 2 526 32 18,407 43 3/7/25 95 0 100 0 Surface Treatment - Slurry Seal 05/28/2021 298 01 MERIDIAN DR - 298 KATELLA AVE INTERNATIONAL AVE 36 ~ R - Residential/Local O - AC/AC 2 550 40 22,000 45 3/10/25 95 0 100 0 AC OVERLAY (1.5") 03/01/2022 321 01 NANTUCKET CT - 321 SOUTHAMPTON DR END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 240 41 9,840 31 3/14/25 95 30 70 0 SLURRY SEAL 4/23/2025 327 01 NECATINA WAY - 327 WEST END EAST END 42 ~ R - Residential/Local O - AC/AC 2 255 29 7,395 36 4/8/25 95 53 47 0 SLURRY SEAL 4/23/2025 340 02 NOUMEA ST - 340 VALLEY VIEW ST JAVA ST 46 ~ R - Residential/Local O - AC/AC 2 555 36 19,980 40 3/5/25 95 0 33 67 THIN AC OVERLAY(1.5 INCHES) 10/01/2024 270 01 LUAU LANE - 270 TAHITI DR LEILANI LN 48 ~ R - Residential/Local A - AC 2 220 36 7,920 25 2/28/25 95 0 100 0 SLURRY SEAL 4/1/2025 296 01 MELBOURNE DR - 296 GRINDLAY ST NEWCASTLE LN 21 ~ R - Residential/Local A - AC 2 1,140 32 36,480 49 3/6/25 96 0 100 0 SLURRY SEAL 02/13/2019 304 01 MILDRED CIR - 304 ST. ALBAN ST END OF STREET 27 ~ R - Residential/Local O - AC/AC 2 390 42 16,380 57 3/6/25 96 0 100 0 Surface Treatment - Slurry Seal 05/28/2021 218 01 INTERNATIONAL AVE - 218 MERIDIAN DR YAMAHA WAY 36 ~ R - Residential/Local O - AC/AC 2 575 40 23,000 48 3/10/25 96 0 85 15 AC OVERLAY (1.5") 03/01/2022 535 01 YAMAHA WAY - 535 KATELLA AVE INTERNATIONAL AVE 36 ~ R - Residential/Local O - AC/AC 2 765 40 30,600 48 3/10/25 96 0 100 0 AC OVERLAY (1.5") 03/01/2022 033 01 AMHERST WAY - 033 MISCOU WAY END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 530 26 13,780 37 3/31/25 96 0 100 0 SLURRY SEAL 4/23/2025 176 01 FOGO WAY - 176 MERASHEEN WAY GRINDSTONE DR 42 ~ R - Residential/Local O - AC/AC 2 225 26 5,850 37 4/3/25 96 57 43 0 SLURRY SEAL 4/23/2025 201 01 GROSSE WAY - 201 MISCOU WAY SOUTHHAMPTON DR 42 ~ R - Residential/Local O - AC/AC 2 330 26 8,580 28 4/3/25 96 0 100 0 SLURRY SEAL 4/23/2025 295 01 MCNUTT WAY - 295 GRAND MANAN DR END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 470 29 13,630 34 4/8/25 96 0 100 0 SLURRY SEAL 4/23/2025 376 01 PINCKNEY WAY - 376 MERASHEEN WAY END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 260 26 6,760 28 4/4/25 96 0 100 0 SLURRY SEAL 4/23/2025 471 01 TANGIER WAY - 471 BYLOT WAY END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 450 30 13,500 32 3/31/25 96 20 80 0 SLURRY SEAL 4/23/2025 276 01 MALDEN ST - 276 SAIPAN ST BATAAN ST 47 ~ R - Residential/Local A - AC 2 805 36 28,980 37 2/28/25 96 10 63 27 SLURRY SEAL 4/1/2025 536 01 YAP ST - 536 BATAAN ST ORANGEWOOD AVE 47 ~ R - Residential/Local A - AC 2 125 36 4,500 32 3/5/25 96 0 62 38 SLURRY SEAL 4/1/2025 070 01 BERWICK CT - 070 FLEETWOOD ST END OF STREET 13 ~ R - Residential/Local O - AC/AC 2 235 29 6,815 50 3/20/25 97 0 100 0 Surface Treatment - Slurry Seal 05/28/2021 386 01 PROGRESS WAY - 386 CORPORATE AVE CERRITOS AVE 34 ~ R - Residential/Local O - AC/AC 2 1,125 40 45,000 52 3/7/25 97 0 100 0 1.5" GRIND & OVERLAY WITH LOCALIZED REPAIRS 11/24/2020 082 01 BYLOT WAY - 082 TANGIER WAY AMHERST WAY 42 ~ R - Residential/Local O - AC/AC 2 300 39 11,700 41 3/31/25 97 16 84 0 SLURRY SEAL 4/23/2025 119 01 COTTEL WAY - 119 BYLOT WAY MISCOU WAY 42 ~ R - Residential/Local O - AC/AC 2 165 26 4,290 32 4/3/25 97 0 100 0 SLURRY SEAL 4/23/2025 200 01 GRINDSTONE WAY - 200 GRAND MANAN DR END OF STREET 42 ~ R - Residential/Local A - AC 2 200 26 5,200 36 4/3/25 97 0 100 0 SLURRY SEAL 4/23/2025 210 01 HARKERS CT - 210 SOUTHAMPTON DR END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 240 41 9,840 31 3/14/25 97 0 100 0 SLURRY SEAL 4/23/2025 238 01 KENT WAY - 238 GRAND MANAN DR END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 505 31 15,655 33 4/3/25 97 0 100 0 SLURRY SEAL 4/23/2025 326 01 NAYSHON CT - 326 SOUTHAMPTON DR END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 240 41 9,840 33 3/14/25 97 0 100 0 SLURRY SEAL 4/23/2025 434 01 SHIPPINGAM WAY - 434 GROSSE WAY END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 210 29 6,090 34 4/3/25 97 0 100 0 SLURRY SEAL 4/23/2025 459 01 ST. PIERRE WAY - 459 GRAND MANAN DR MCNUTT WAY 42 ~ R - Residential/Local O - AC/AC 2 290 26 7,540 35 3/31/25 97 0 100 0 SLURRY SEAL 4/23/2025 079 01 BRIGHTON CIR - 079 FLEETWOOD ST END OF STREET 13 ~ R - Residential/Local O - AC/AC 2 235 39 9,165 53 3/20/25 98 0 100 0 Surface Treatment - Slurry Seal 05/28/2021 092 01 CARDIFF DR - 092 FLEETWOOD ST BLOOMFIELD ST 13 ~ R - Residential/Local O - AC/AC 2 265 32 8,480 53 3/20/25 98 0 100 0 Surface Treatment - Slurry Seal 05/28/2021 465 01 SUSSEX CIR - 465 SOMERSET LN END OF STREET 13 ~ R - Residential/Local O - AC/AC 2 420 37 15,540 53 3/20/25 98 0 100 0 Surface Treatment - Slurry Seal 05/28/2021 087 01 CANTILES AVE - 087 JAMAICA ST MONTSERRAT ST 41 ~ R - Residential/Local A - AC 2 945 32 30,240 34 2/28/25 98 0 0 100 SLURRY SEAL 10/01/2024 089 01 CAPERS WAY - 089 GRAND MANAN DR MORGEN WAY 42 ~ R - Residential/Local O - AC/AC 2 540 34 18,360 36 4/3/25 98 0 89 11 SLURRY SEAL 4/23/2025 130 01 DANA CIR - 130 DARWIN WAY END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 270 50 13,500 42 3/31/25 98 0 100 0 SLURRY SEAL 4/23/2025 228 01 JEKYLL WAY - 228 MORGEN WAY END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 326 25 8,150 46 4/8/25 98 0 100 0 SLURRY SEAL 4/23/2025 308 01 MISCOU WAY - 308 NORTH END SOUTH END 42 ~ R - Residential/Local O - AC/AC 2 655 27 17,685 42 3/31/25 98 0 89 11 SLURRY SEAL 4/23/2025 316 01 MORGEN WAY - 316 JEKYLL WAY CAPERS WAY 42 ~ R - Residential/Local O - AC/AC 2 170 26 4,420 41 4/3/25 98 0 100 0 SLURRY SEAL 4/23/2025 347 01 ORRS CT - 347 SOUTHAMPTON DR END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 240 41 9,840 29 3/14/25 98 0 100 0 SLURRY SEAL 4/23/2025 422 01 SAPELO WAY - 422 AMHERST WAY GRAND MANAN DR 42 ~ R - Residential/Local O - AC/AC 2 85 39 3,315 45 3/31/25 98 0 100 0 SLURRY SEAL 4/23/2025 306 01 MILTON CIR - 306 BARRY DR END OF STREET 23 ~ R - Residential/Local A - AC 2 275 37 10,175 40 3/13/25 99 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 129 01 DALCA CT - 129 MADEIRA ST END OF STREET 41 ~ R - Residential/Local O - AC/AC 2 185 43 7,955 38 2/28/25 99 0 100 0 THIN AC OVERLAY(1.5 INCHES) 10/01/2024 216 02 HOPE ST - 216 KATELLA AVE PHYLLIS DR 41 ~ R - Residential/Local O - AC/AC 2 565 40 22,600 38 3/5/25 99 0 100 0 THIN AC OVERLAY(1.5 INCHES) 10/01/2024
City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Sec ID Name From To Area ID MPAH Func Class Surface Type Lanes L W Area Current RSL Insp. Date PCI PCT Load PCT Environment PCT Other Work History Type Work History Date 487 01 TRINIDAD AVE - 487 PROVIDENCIA ST ANEGADA ST 41 ~ R - Residential/Local O - AC/AC 2 1,070 32 34,240 38 2/28/25 99 0 100 0 THIN AC OVERLAY(1.5 INCHES) 10/01/2024 211 01 HART WAY - 211 KENT WAY ELLESMERE WAY 42 ~ R - Residential/Local A - AC 2 200 26 5,200 33 4/3/25 99 0 0 0 SLURRY SEAL 4/23/2025 041 01 APIA DR - 041 JAVA ST END OF STREET 46 ~ R - Residential/Local O - AC/AC 2 1,730 36 62,280 38 3/5/25 99 0 100 0 THIN AC OVERLAY(1.5 INCHES) 10/01/2024 171 01 FIJI ST - 171 SAMOA ST END OF STREET 46 ~ R - Residential/Local O - AC/AC 2 250 40 10,000 38 3/5/25 99 0 100 0 THIN AC OVERLAY(1.5 INCHES) 10/01/2024 202 01 GUAM CIR - 202 NOUMEA ST END OF STREET 46 ~ R - Residential/Local O - AC/AC 2 215 41 8,815 38 3/5/25 99 0 100 0 THIN AC OVERLAY(1.5 INCHES) 10/01/2024 038 01 ANGUILLA AVE - 038 JAMAICA ST MONSERRAT ST 41 ~ R - Residential/Local A - AC 2 850 32 27,200 27 3/31/25 100 0 0 0 SLURRY SEAL 10/01/2024 438 01 SOMBRERO AVE - 438 ORCHILLA ST MONTSERRAT ST 41 ~ R - Residential/Local O - AC/AC 2 900 32 28,800 38 3/31/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 10/01/2024 032 01 AMELIA WAY - 032 GRAND MANAN DR BRETON WAY 42 ~ R - Residential/Local O - AC/AC 2 315 29 9,135 38 4/8/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2025 034 01 ANDREW WAY - 034 ANTICOST WAY END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 435 28 12,180 38 4/3/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2025 077 01 BRETON WAY - 077 CAPE WAY GRAND MANAN DR 42 ~ R - Residential/Local O - AC/AC 2 800 33 26,400 38 4/3/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2025 088 01 CAPE WAY - 088 ELLESMERE WAY BRETON WAY 42 ~ R - Residential/Local O - AC/AC 2 190 34 6,460 38 1/1/25 100 100 0 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2025 153 01 ELLESMERE WAY - 153 WEST END EAST END 42 ~ R - Residential/Local O - AC/AC 2 440 26 11,440 38 4/3/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2025 170 01 FICHOT WAY - 170 GRAND MANAN DR CAPERS WAY 42 ~ R - Residential/Local O - AC/AC 2 290 29 8,410 38 4/3/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2025 182 01 FRIPPS WAY - 182 JEKYLL WAY END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 210 26 5,460 38 4/8/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2025 203 01 GULL WAY - 203 KENT WAY END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 230 29 6,670 38 4/3/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2025 242 01 LA HAVE WAY - 242 MCNUTT WAY JEKYLL WAY 42 ~ R - Residential/Local O - AC/AC 2 190 26 4,940 38 4/8/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2025 275 01 MAGALEN WY - 275 KENT WAY NECATINA WAY 42 ~ R - Residential/Local O - AC/AC 2 255 26 6,630 38 4/3/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2025 350 01 OUTER WY - 350 MCNUTT WAY END OF STREET 42 ~ R - Residential/Local O - AC/AC 2 230 26 5,980 38 4/3/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2025 518 01 WADHAM WAY - 518 ANDREW WAY QUIRPON WAY 42 ~ R - Residential/Local O - AC/AC 2 220 26 5,720 38 4/3/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 01/01/2025 325 01 NAURU ST - 325 LUZON ST END OF STREET 47 ~ R - Residential/Local O - AC/AC 2 705 35 24,675 17 2/28/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 4/1/2025 101 01 CHAMOIS CIR - 101 NEW ZEALAND ST END OF STREET 48 ~ R - Residential/Local O - AC/AC 2 470 36 16,920 15 2/28/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 4/1/2025 204 01 HALAWA LN - 204 TAHITI DR ORANGEWOOD AVE 48 ~ R - Residential/Local O - AC/AC 2 930 36 33,480 16 2/28/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 4/1/2025 310 01 MOLOKAI DR - 310 HALAWA LN END OF STREET 48 ~ R - Residential/Local O - AC/AC 2 1,030 38 39,140 16 2/28/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 4/1/2025 334 01 NEW ZEALAND ST - 334 REEFTON AVE ORANGEWOOD AVE 48 ~ R - Residential/Local O - AC/AC 2 1,135 32 36,320 11 2/28/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 4/1/2025 394 01 REEFTON AVE - 394 TAHITI DR END OF STREET 48 ~ R - Residential/Local O - AC/AC 2 2,360 36 84,960 13 2/28/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 4/1/2025 426 01 SCANDIA ST - 426 REEFTON AVE CITY LIMIT (GARDEN GROVE) 48 ~ R - Residential/Local O - AC/AC 2 110 36 3,960 39 4/14/25 100 0 0 0 THIN AC OVERLAY(1.5 INCHES) 4/22/2025
78.3 14,604,979
Alleys
602 02 ALLEYS - 602 CRESCENT AVE ALLEY 1 02 ~ O - Other O - AC/AC 2 430 20 8,600 16 3/5/25 62 90 10 0 SLURRY SEAL 03/01/2022 625 17 ALLEYS - 625 ALLEY 16 ALLEY 18 25 ~ O - Other O - AC/AC 2 425 26 11,050 25 4/3/25 75 0 24 76 SLURRY SEAL 01/01/2016 626 05 ALLEYS - 626 LARWIN AVE END 26 ~ O - Other O - AC/AC 2 215 26 5,590 26 4/4/25 78 59 41 0 SLURRY SEAL 03/01/2022 635 01 ALLEYS - 635 HOLDER ST GATEWAY DR 35 ~ O - Other A - AC 2 780 23 17,940 27 4/8/25 81 0 69 31 SLURRY SEAL 01/28/2020 626 09 ALLEYS - 626 LARWIN AVE END 26 ~ O - Other O - AC/AC 2 215 26 5,590 33 4/4/25 83 52 48 0 SLURRY SEAL 03/01/2022 616 01 ALLEYS - 616 WALKER ST BISHOP ST 16 ~ O - Other O - AC/AC 2 680 15 10,200 33 3/12/25 85 64 36 0 SLURRY SEAL 10/01/2023 619 19 ALLEYS - 619 VIA ENCINAS END 19 ~ O - Other O - AC/AC 2 205 25 5,125 39 4/8/25 86 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 22 ALLEYS - 619 VIA ENCINAS ALLEY 23 19 ~ O - Other O - AC/AC 2 195 26 5,070 36 4/8/25 86 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 602 01 ALLEYS - 602 ALLEY 2 DENNI ST 02 ~ O - Other O - AC/AC 2 155 20 3,100 41 3/5/25 87 41 59 0 Overlay - AC Thin 12/14/2010 626 01 ALLEYS - 626 LARWIN AVE END 26 ~ O - Other O - AC/AC 2 195 26 5,070 39 4/4/25 88 0 100 0 SLURRY SEAL 03/01/2022 626 13 ALLEYS - 626 LARWIN AVE END 26 ~ O - Other O - AC/AC 2 730 27 19,710 44 4/4/25 88 7 87 6 SLURRY SEAL 03/01/2022 619 23 ALLEYS - 619 ALLEY 22 ALLEY 24 19 ~ O - Other O - AC/AC 2 210 21 4,410 41 4/8/25 89 0 17 83 Surface Treatment - Slurry Seal 06/30/2018 619 37 ALLEYS - 619 ALLEY 38 PASEO DE ORO 19 ~ O - Other O - AC/AC 2 195 28 5,460 40 4/4/25 89 70 30 0 Surface Treatment - Slurry Seal 06/30/2018 625 22 ALLEYS - 625 ALLEY 23 ELIZABETH CT 25 ~ O - Other O - AC/AC 2 285 26 7,410 43 4/4/25 89 17 75 8 SLURRY SEAL 01/01/2016 626 03 ALLEYS - 626 LARWIN AVE END 26 ~ O - Other O - AC/AC 2 210 26 5,460 39 4/4/25 89 0 100 0 SLURRY SEAL 03/01/2022 626 04 ALLEYS - 626 LARWIN AVE END 26 ~ O - Other O - AC/AC 2 195 26 5,070 32 4/4/25 89 42 58 0 SLURRY SEAL 03/01/2022 626 07 ALLEYS - 626 LARWIN AVE END 26 ~ O - Other O - AC/AC 2 215 26 5,590 43 4/4/25 89 17 83 0 SLURRY SEAL 03/01/2022 615 02 ALLEYS - 615 ALLEY 1 WATSON ST 15 ~ O - Other A - AC 2 450 15 6,750 41 3/12/25 91 71 29 0 SLURRY SEAL 02/13/2019 615 03 ALLEYS - 615 WALKER ST WATSON ST 15 ~ O - Other O - AC/AC 2 590 15 8,850 44 3/12/25 91 0 100 0 SLURRY SEAL 02/13/2019 626 02 ALLEYS - 626 LARWIN AVE END 26 ~ O - Other O - AC/AC 2 395 25 9,875 37 4/4/25 91 23 77 0 SLURRY SEAL 03/01/2022 625 04 ALLEYS - 625 LARWIN AVE ALLEY 2 25 ~ O - Other O - AC/AC 2 180 24 4,320 54 4/3/25 91 52 48 0 SLURRY SEAL 01/01/2016 615 01 ALLEYS - 615 NELSON ST CAMP ST 15 ~ O - Other A - AC 2 275 15 4,125 42 3/12/25 92 84 16 0 SLURRY SEAL 02/13/2019 616 02 ALLEYS - 616 NEWMAN ST NELSON ST 16 ~ O - Other A - AC 2 295 14 4,130 40 3/6/25 92 0 100 0 SLURRY SEAL 10/01/2023 619 14 ALLEYS - 619 PASEO DE ORO END 19 ~ O - Other O - AC/AC 2 100 26 2,600 44 4/8/25 92 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 625 01 ALLEYS - 625 LARWIN AVE ALLEY 2 25 ~ O - Other O - AC/AC 2 190 26 4,940 48 4/3/25 92 22 78 0 Surface Treatment - Slurry Seal 11/04/2010 625 05 ALLEYS - 625 LARWIN AVE ALLEY 2 25 ~ O - Other O - AC/AC 2 190 34 6,460 50 4/4/25 92 55 45 0 SLURRY SEAL 01/01/2016 626 06 ALLEYS - 626 LARWIN AVE END 26 ~ O - Other O - AC/AC 2 195 26 5,070 39 4/4/25 92 0 100 0 SLURRY SEAL 03/01/2022 619 16 ALLEYS - 619 ALLEY 17 ALLEY 15 19 ~ O - Other O - AC/AC 2 205 26 5,330 51 4/4/25 93 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 625 08 ALLEYS - 625 DINA CT ALLEY 9 25 ~ O - Other O - AC/AC 2 175 26 4,550 51 4/3/25 93 0 100 0 SLURRY SEAL 01/01/2016 625 09 ALLEYS - 625 DINA CT LARWIN AVE 25 ~ O - Other O - AC/AC 2 245 26 6,370 51 4/3/25 93 0 100 0 SLURRY SEAL 01/01/2016 625 33 ALLEYS - 625 LARWIN AVE END 25 ~ O - Other O - AC/AC 2 190 32 6,080 51 4/4/25 93 0 49 51 SLURRY SEAL 01/01/2016 626 08 ALLEYS - 626 LARWIN AVE END 26 ~ O - Other O - AC/AC 2 205 26 5,330 41 4/4/25 93 0 100 0 SLURRY SEAL 03/01/2022 616 03 ALLEYS - 616 GRAHAM ST ALLEY 2 16 ~ O - Other A - AC 2 455 14 6,370 43 3/6/25 94 0 100 0 SLURRY SEAL 10/01/2023 616 04 ALLEYS - 616 LIME CIR WALKER ST 16 ~ O - Other O - AC/AC 2 2,415 21 50,715 54 3/6/25 94 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 04 ALLEYS - 619 AVENIDA SEVILLA END 19 ~ O - Other O - AC/AC 2 180 24 4,320 53 4/8/25 94 24 76 0 Surface Treatment - Slurry Seal 06/30/2018 619 15 ALLEYS - 619 PASEO DE ORO END 19 ~ O - Other O - AC/AC 2 190 25 4,750 52 4/4/25 94 20 80 0 Surface Treatment - Slurry Seal 06/30/2018 619 20 ALLEYS - 619 VIA ENCINAS ALLEY 21 19 ~ O - Other O - AC/AC 2 155 26 4,030 53 4/8/25 94 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 32 ALLEYS - 619 NORTH END SOUTH END 19 ~ O - Other O - AC/AC 2 175 25 4,375 53 4/4/25 94 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 33 ALLEYS - 619 VIA SONOMA END 19 ~ O - Other O - AC/AC 2 195 26 5,070 52 4/8/25 94 0 100 0 Surface Treatment - Slurry Seal 04/02/2012 619 35 ALLEYS - 619 ALLEY 34 ALLEY 36 19 ~ O - Other O - AC/AC 2 170 27 4,590 53 4/8/25 94 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 38 ALLEYS - 619 EAST END WEST END 19 ~ O - Other O - AC/AC 2 190 26 4,940 52 4/4/25 94 37 63 0 Surface Treatment - Slurry Seal 06/30/2018 619 39 ALLEYS - 619 VIA LARGO PASEO DE ORO 19 ~ O - Other O - AC/AC 2 520 23 11,960 53 4/4/25 94 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 625 03 ALLEYS - 625 LARWIN AVE ALLEY 2 25 ~ O - Other O - AC/AC 2 190 30 5,700 54 4/4/25 94 49 51 0 SLURRY SEAL 01/01/2016 625 06 ALLEYS - 625 LARWIN AVE END 25 ~ O - Other O - AC/AC 2 300 31 9,300 54 4/4/25 94 0 100 0 SLURRY SEAL 01/01/2016 625 07 ALLEYS - 625 LARWIN AVE END 25 ~ O - Other O - AC/AC 2 145 26 3,770 54 4/4/25 94 0 100 0 SLURRY SEAL 01/01/2016 625 14 ALLEYS - 625 WEST END EAST END 25 ~ O - Other O - AC/AC 2 190 26 4,940 55 4/3/25 94 0 100 0 SLURRY SEAL 01/01/2016 625 16 ALLEYS - 625 ALLEY 17 END 25 ~ O - Other O - AC/AC 2 205 26 5,330 54 4/3/25 94 0 100 0 SLURRY SEAL 01/01/2016 625 19 ALLEYS - 625 ELIZABETH CT ALLEY 20 25 ~ O - Other O - AC/AC 2 170 26 4,420 54 4/3/25 94 31 69 0 SLURRY SEAL 01/01/2016 625 20 ALLEYS - 625 WEST END EAST END 25 ~ O - Other O - AC/AC 2 185 26 4,810 52 4/3/25 94 0 100 0 SLURRY SEAL 01/01/2016 625 21 ALLEYS - 625 ELIZABETH CT END 25 ~ O - Other O - AC/AC 2 175 32 5,600 55 4/4/25 94 0 100 0 SLURRY SEAL 01/01/2016 625 23 ALLEYS - 625 ALLEY 22 ALLEY 24 25 ~ O - Other O - AC/AC 2 480 26 12,480 54 4/4/25 94 0 100 0 SLURRY SEAL 01/01/2016 625 25 ALLEYS - 625 LARWIN AVE LARWIN AVE 25 ~ O - Other O - AC/AC 2 1,335 27 36,045 54 4/4/25 94 0 91 9 SLURRY SEAL 01/01/2016 625 26 ALLEYS - 625 ALLEY 27 ALLEY 25 25 ~ O - Other O - AC/AC 2 105 26 2,730 55 4/4/25 94 0 100 0 SLURRY SEAL 01/01/2016 625 27 ALLEYS - 625 WEST END EAST END 25 ~ O - Other O - AC/AC 2 190 26 4,940 54 4/4/25 94 0 100 0 SLURRY SEAL 01/01/2016 625 28 ALLEYS - 625 LARWIN AVE END 25 ~ O - Other O - AC/AC 2 190 32 6,080 52 4/4/25 94 16 54 30 SLURRY SEAL 01/01/2016 625 29 ALLEYS - 625 LARWIN AVE ALLEY 30 25 ~ O - Other O - AC/AC 2 200 26 5,200 54 4/4/25 94 0 100 0 SLURRY SEAL 01/01/2016 625 30 ALLEYS - 625 WEST END EAST END 25 ~ O - Other O - AC/AC 2 185 26 4,810 53 4/4/25 94 0 100 0 SLURRY SEAL 01/01/2016 625 31 ALLEYS - 625 LARWIN AVE END 25 ~ O - Other O - AC/AC 2 190 32 6,080 54 4/4/25 94 0 100 0 SLURRY SEAL 01/01/2016 626 10 ALLEYS - 626 LARWIN AVE END 26 ~ O - Other O - AC/AC 2 175 28 4,900 50 4/4/25 94 22 78 0 SLURRY SEAL 03/01/2022 626 11 ALLEYS - 626 LARWIN AVE END 26 ~ O - Other O - AC/AC 2 195 26 5,070 43 4/4/25 94 0 100 0 SLURRY SEAL 03/01/2022 626 12 ALLEYS - 626 LARWIN AVE END 26 ~ O - Other O - AC/AC 2 450 26 11,700 43 4/4/25 94 0 100 0 SLURRY SEAL 03/01/2022
City of Cypress, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
Street ID Sec ID Name From To Area ID MPAH Func Class Surface Type Lanes L W Area Current RSL Insp. Date PCI PCT Load PCT Environment PCT Other Work History Type Work History Date 619 02 ALLEYS - 619 ALLEY 1 ALLEY 3 19 ~ O - Other O - AC/AC 2 395 16 6,320 52 4/8/25 95 24 76 0 Surface Treatment - Slurry Seal 06/30/2018 619 06 ALLEYS - 619 AVENIDA SEVILLA END 19 ~ O - Other O - AC/AC 2 240 25 6,000 52 4/4/25 95 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 11 ALLEYS - 619 VIA ENTRADA END 19 ~ O - Other O - AC/AC 2 195 25 4,875 55 4/8/25 95 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 12 ALLEYS - 619 ALLEY 11 END 19 ~ O - Other O - AC/AC 2 175 26 4,550 54 4/8/25 95 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 18 ALLEYS - 619 ALLEY 17 PASEO DE ORO 19 ~ O - Other O - AC/AC 2 340 25 8,500 56 4/4/25 95 0 100 0 Surface Treatment - Slurry Seal 04/02/2012 619 25 ALLEYS - 619 VIA ENCINAS ALLEY 24 19 ~ O - Other O - AC/AC 2 175 26 4,550 51 4/8/25 95 0 82 18 Surface Treatment - Slurry Seal 06/30/2018 619 27 ALLEYS - 619 ALLEY 26 ALLEY 28 19 ~ O - Other O - AC/AC 2 210 22 4,620 55 4/8/25 95 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 34 ALLEYS - 619 PASEO DE ORO END 19 ~ O - Other O - AC/AC 2 205 25 5,125 54 4/8/25 95 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 40 ALLEYS - 619 ALLEY 41 VIA LARGO 19 ~ O - Other O - AC/AC 2 200 26 5,200 56 4/4/25 95 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 625 02 ALLEYS - 625 ALLEY 1 ALLEY 3 25 ~ O - Other O - AC/AC 2 860 26 22,360 54 4/4/25 95 0 100 0 Surface Treatment - Slurry Seal 11/04/2010 625 10 ALLEYS - 625 ALLEY 11 DINA CT 25 ~ O - Other O - AC/AC 2 115 26 2,990 55 4/3/25 95 0 100 0 SLURRY SEAL 01/01/2016 625 11 ALLEYS - 625 ALLEY 12 END 25 ~ O - Other O - AC/AC 2 685 25 17,125 56 4/3/25 95 0 100 0 SLURRY SEAL 01/01/2016 625 13 ALLEYS - 625 DINA CT ALLEY 14 25 ~ O - Other O - AC/AC 2 175 26 4,550 55 4/3/25 95 0 100 0 SLURRY SEAL 01/01/2016 625 32 ALLEYS - 625 LARWIN AVE END 25 ~ O - Other O - AC/AC 2 240 26 6,240 55 4/4/25 95 0 100 0 SLURRY SEAL 01/01/2016 619 01 ALLEYS - 619 EAST END WEST END 19 ~ O - Other O - AC/AC 2 190 24 4,560 57 4/8/25 96 0 100 0 Surface Treatment - Slurry Seal 04/02/2012 619 03 ALLEYS - 619 EAST END WEST END 19 ~ O - Other O - AC/AC 2 230 25 5,750 53 4/8/25 96 0 100 0 Surface Treatment - Slurry Seal 04/02/2012 619 05 ALLEYS - 619 ALLEY 4 END 19 ~ O - Other O - AC/AC 2 220 31 6,820 55 4/8/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 07 ALLEYS - 619 ALLEY 6 ALLEY 8 19 ~ O - Other O - AC/AC 2 295 26 7,670 57 4/4/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 08 ALLEYS - 619 EAST END WEST END 19 ~ O - Other O - AC/AC 2 190 25 4,750 56 4/4/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 09 ALLEYS - 619 VIA ENTRADA ALLEY 10 19 ~ O - Other O - AC/AC 2 130 25 3,250 54 4/8/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 10 ALLEYS - 619 NORTH END SOUTH END 19 ~ O - Other O - AC/AC 2 190 25 4,750 56 4/8/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 13 ALLEYS - 619 PASEO DE ORO END 19 ~ O - Other O - AC/AC 2 90 25 2,250 56 4/4/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 21 ALLEYS - 619 NORTH END SOUTH END 19 ~ O - Other O - AC/AC 2 180 25 4,500 56 4/8/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 24 ALLEYS - 619 ALLEY 23 ALLEY 25 19 ~ O - Other O - AC/AC 2 285 22 6,270 56 4/8/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 26 ALLEYS - 619 VIA ENCINAS ALLEY 27 19 ~ O - Other O - AC/AC 2 240 25 6,000 57 4/8/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 28 ALLEYS - 619 VIA ENCINAS ALLEY 27 19 ~ O - Other O - AC/AC 2 100 24 2,400 55 4/8/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 30 ALLEYS - 619 VIA SONOMA END 19 ~ O - Other O - AC/AC 2 85 26 2,210 56 4/4/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 31 ALLEYS - 619 ALLEY 32 VIA SONOMA 19 ~ O - Other O - AC/AC 2 175 27 4,725 57 4/4/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 36 ALLEYS - 619 NORTH END SOUTH END 19 ~ O - Other O - AC/AC 2 190 26 4,940 57 4/8/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 41 ALLEYS - 619 NORTH END SOUTH END 19 ~ O - Other O - AC/AC 2 155 26 4,030 55 4/4/25 96 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 622 01 ALLEYS - 622 SONWELL PL ALLEY 2 22 ~ O - Other O - AC/AC 2 630 20 12,600 55 3/6/25 96 0 100 0 SLURRY SEAL 02/13/2019 622 02 ALLEYS - 622 ALLEY 1 ORANGE AVE 22 ~ O - Other O - AC/AC 2 115 20 2,300 38 3/6/25 96 0 100 0 SLURRY SEAL 10/01/2023 623 01 ALLEYS - 623 ALLEY 2 ROSEMARY DR 23 ~ O - Other O - AC/AC 2 120 20 2,400 38 3/10/25 96 82 18 0 SLURRY SEAL 10/01/2023 625 12 ALLEYS - 625 ALLEY 11 DINA CT 25 ~ O - Other O - AC/AC 2 125 26 3,250 55 4/3/25 96 0 100 0 SLURRY SEAL 01/01/2016 625 15 ALLEYS - 625 DINA CT ALLEY 16 25 ~ O - Other O - AC/AC 2 90 26 2,340 56 4/3/25 96 0 100 0 SLURRY SEAL 01/01/2016 625 18 ALLEYS - 625 ALLEY 17 ELIZABETH CT 25 ~ O - Other O - AC/AC 2 125 26 3,250 55 4/3/25 96 0 100 0 SLURRY SEAL 01/01/2016 625 24 ALLEYS - 625 ALLEY 23 LARWIN AVE 25 ~ O - Other O - AC/AC 2 240 26 6,240 55 4/4/25 96 0 100 0 SLURRY SEAL 01/01/2016 610 01 ALLEYS - 610 DANNY AVE DANIEL T. MACKAY ELEM. SCHOOL 10 ~ O - Other O - AC/AC 2 755 21 15,855 50 3/11/25 97 0 100 0 Surface Treatment - Slurry Seal 07/01/2022 619 17 ALLEYS - 619 ALLEY 16 ALLEY 18 19 ~ O - Other O - AC/AC 2 400 21 8,400 52 4/4/25 97 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 619 29 ALLEYS - 619 VIA SONOMA END 19 ~ O - Other O - AC/AC 2 85 26 2,210 50 4/8/25 97 0 100 0 Surface Treatment - Slurry Seal 06/30/2018 623 02 ALLEYS - 623 MT RIPLEY DR ALLEY 1 23 ~ O - Other O - AC/AC 2 735 21 15,435 53 3/10/25 97 24 76 0 Surface Treatment - Slurry Seal 06/30/2018 617 02 ALLEYS - 617 ALLEY 1 LEMON AVE 17 ~ O - Other O - AC/AC 2 375 26 9,750 38 3/6/25 98 0 100 0 MILL AND THICK OVERLAY 10/01/2023 617 03 ALLEYS - 617 LIME AVE LEMON AVE 17 ~ O - Other O - AC/AC 2 865 20 17,300 38 3/6/25 98 0 100 0 MILL AND THICK OVERLAY 10/01/2023 617 01 ALLEYS - 617 VALLEY VIEW ST END OF STREET 17 ~ O - Other O - AC/AC 2 600 16 9,600 38 3/6/25 99 0 100 0 MILL AND THICK OVERLAY 10/01/2023
6.0 749,060
City of Cypress, CA Page 14
2025 Citywide Pavement Management Plan – OCTA Submittal Final Report – April 25, 2025
XIII. APPENDIX C – GIS DIGITAL DATA
Introduction
The OCTA GIS Section maintains a spatial inventory of transportation infrastructure which mostly consists of major arterial streets, roads, and highways. A key component of road information is pavement condition. Maintaining an inventory of pavement condition will enhance OCTA’s GIS visualization and analysis capabilities and assist in understanding the transportation investment needs throughout the region. Therefore, a GIS dataset in digital format should be included in this report.
Structure of GIS Data
The GIS dataset must consist of linear geographic features that represent road/street segments. All segments that are part of the report should be included in the GIS dataset. The attribute information of each segment should generally follow the format of the Complete Listing of Current Street Conditions in Appendix B above.
The GIS data requirements are discussed below. Most commercial and open-source GIS software provide industry-standard tools to manage GIS data to meet these requirements.
GIS Digital Data Format
The GIS data must be submitted in either one of the following formats:
• Esri Shapefile, or
• Esri File Geodatabase
Metadata
The GIS data are required to have associated metadata. The minimum metadata items required are:
• Title of Dataset
• Tags (A set of words that can be used by GIS to search for the resource. For example: “pavement”, “transportation”, “roads”)
• Summary (A brief purpose statement of the dataset)
• Description (A brief narrative of the dataset’s content) • Credits (A recognition of those who created or contributed to the resource) Spatial Geometry Type
The spatial geometry of the segment features must be lines that represent the roadway centerline as accurately as possible.
Projection
The GIS data must have spatial reference information and have its coordinate system identified and City of Cypress, CA Page 15
2025 Citywide Pavement Management Plan – OCTA Submittal Final Report – April 25, 2025
embedded in or associated with the data file(s). All GIS data submitted to OCTA should be in the following projected coordinate system:
• NAD 1983 State Plane California VI FIPS 0406 (US Feet) - More information about this system can be found at: https://spatialreference.org/ref/epsg/nad83-california-zone-6-ftus/ GIS Feature Attributes
The required segment attributes are:
• Street name
• Unique segment identifier (Segment ID from original source if available) • Name of intersecting road at the beginning of a segment • Name of intersecting road at the end of the segment
• Current pavement condition index (PCI)
• Current PCI inspection date
• Length of road segment in feet
• Width of road segment in feet
• Paved area of road segment in square feet or square yards • Projected PCI at end of Seven-Year Road Maintenance and Rehabilitation Plan Additional attributes such as number of through travel lanes, direction of travel and pavement surface type may be provided.
XIV. APPENDIX D – QUALITY ASSURANCE / QUALITY CONTROL PLAN Introduction
When performing data collection in any field, the need for quality control is paramount as it is essential for accurate planning, analysis and design. This is particularly true for collecting pavement distress data for a pavement management program.
The Quality Assurance / Quality Control (QA/QC) Plan establishes minimum quality standards for performance and procedures for update of the pavement management program.
Objectives
This document constitutes a formal QA/QC Plan for the City of Cypress. It was prepared on March, 2023 and last revised in March, 2023.
Specifically, it is intended for the 2025 Pavement Management Plan Update. The focus is on the collection of network-level pavement distress data (defined by National Cooperative Highway Research Program (NCHRP) Synthesis 401 Quality Management of Pavement Data Collection, as “Network-level data collection involves collection of large quantities of pavement condition data, which is often converted to individual condition indices or aggregated into composite condition indices”.
This document also addresses the QA/QC plan requirements of the Orange County Transportation City of Cypress, CA Page 16
2025 Citywide Pavement Management Plan – OCTA Submittal Final Report – April 25, 2025
Authority (OCTA)’s “Countywide Pavement Management Plan Guidelines” (Section 2.4), adopted in May 2010.
Structure of QA/QC Plan
The following components are addressed in this QA/QC Plan:
• Condition survey procedures used;
• Accuracy required for data collection;
• Inspector qualifications and experience; and
• Safety.
Condition Survey Procedures
The governing document in performing condition surveys for the City of Cypressis ASTM D6433 “Standard Practice for Roads and Parking Lots Pavement Condition Index (PCI) Surveys.” Both asphalt concrete (AC) and Portland cement concrete (PCC) pavements are included in this protocol. The following distresses are collected for each pavement type:
As required by the Orange County Transportation Authority (OCTA), the City of Cypress must prepare and implement a quality assurance / quality control (QA/QC) plan regarding pavement management inspection as they pertain to StreetSaver. For the purposes of this report, Bucknam has demonstrated below how our project team implemented QA/QC procedures during the project.
City of Cypress, CA Page 17
2025 Citywide Pavement Management Plan – OCTA Submittal Final Report – April 25, 2025
Our QA/QC plan focuses on the how each pavement inspection is performed, what distresses are collected and ensures that it complies with the OCTA guidelines defined within the “Countywide Pavement Management Plan Guidelines (CPMPG)”.
As shown within the OCTA (CPMPG), our staff followed and delivered on the requirements stated within Chapter 2, page 2-5 which require specific QA/QC data (Items A through G). Additionally, Chapter 3 requires numerous data/deliverables from local agencies for OC Go eligibility. All general PCI budgetary report submittals will follow the Chapter 3 guidelines.
In conjunction with the outlined items within the CPMPG Section 2 we have summarized our QA/QC procedures below:
a. Descriptions of condition survey - Our staff follows the required Condition Survey Protocols (CPMPG, Chapter 2); our staff assesses each pavement section for the minimum distresses outlined within Chapter 2, page 2-1. Additionally, based on the pavement conditions found, we collect all StreetSaver/MicroPAVER Army Corps of Engineers (USACE) distresses, if found within the sample sections; for example, if slippage cracking, potholes, etc. are found our survey technicians record the proper information.
b. How data was collected - Our surveys follow the OCTA accepted walking requirements. All sections that our staff surveys are performed through the walking method, approximately 10% of all sections surveyed were complemented with windshield surveys based on unique conditions found. Our staff physically measures the width of every section as well as measure for any square footage adjustment that need to be added or taken away from a sections “true area” (i.e. cul-desac, bus pads, street width variances, etc.). Samples taken always include a minimum of 2,500 SF coverage unless specific section limits prohibit this. Arterial section samples utilize a 3,500 SF sample size due to the larger section area (this is within the ASTM D6433 sample size calculation.
Field crews typically include one individual for residential pavement sections while Arterial (MPAH) routes utilize a two-person crew for safety, traffic control and increases quality control. c. Accuracy required for data collection - We use a statistical sampling approach for measuring the quality of our field technician’s work. In this manner, 10 percent of the original surveys are resurveyed by a different survey crew than the original, supervised by a field supervisor, and the results are compared to the original surveys. Our QC process involves checking the field crews’ work in a “blind study” fashion. Quality control checks are performed at the end of each survey week. This ensures that all field personnel are properly collecting section samples, distress types and distress severities for all street segments.
When QA/QC issues are found, our staff documents the issues within StreetSaver’s user interface. If distress types found are not within the 97% accuracy our QA/QC is expanded beyond our minimum 10% resurvey to 20% of the original survey d. Random and Systematic Re-Inspections – As described above our staff re-inspects, as a minimum, 10% of the original survey (OCTA only requires 5%). Per the agencies requests, our staff will submit PCI reports to the agency as project status reports for their review. Agencies will typically review specific pavement sections for PCI accuracy based on recent overlay or slurry seal maintenance; this serves as an initial accuracy check on our surveys (outside Bucknam QC efforts).
Additionally, our staff performs “ride-a-long” surveys with local agency staff to build consensus on how our StreetSaver/MicroPAVER USACE surveys are performed, recorded and reported on.
City of Cypress, CA Page 18
2025 Citywide Pavement Management Plan – OCTA Submittal Final Report – April 25, 2025
Random re-inspections will include a representative selection across the following categories:
• Functional classed (i.e. MPAH, locals);
• Surface types (e.g. AC or PCC);
• Pavement conditions (e.g. good, fair, poor);
• Inspectors;
• Geographical areas, if applicable.
For systematic re-inspections, this could be due to noticed trends such as specific treatment types (e.g. open-graded mixed), a specific inspector or geographical area. In these cases Bucknam continues to utilize a 10% re-inspection policy.
e. PCI Comparison with Past Surveys - if previous inspection data is available, new PCI’s calculated through the most recent inspections will be compared to previous PCI’s. If the variance in PCI is greater than +/- 10 PCI points, these sections will be flagged for further investigation and/or reinspection (In the cases that a PCI increases or decreases by 10 points follows the established CPMPG guidelines; Appendix A, page A-18).
f. Schedule of data submittal – Pending on the City’s last major PMP submittal, Bucknam will assist the agency in submitting the following:
Master Plan of Arterial Highways (MPAH) routes will be surveyed and reported on at least once every two years
Local streets will be surveyed and reported on every six years Corresponding MPAH and local PCI reporting and budgetary reporting will be submitted every two years
g. Experience of Inspectors – Bucknam staff have been trained on the use of StreetSaver and the USACE segment calibration and inspection practices. Mr. Peter Bucknam (Project Manager) and staff (see below) have completed the PMP Certification of Professional Development courses.
Bucknam field technicians are trained using the USACE survey methodologies and have passed OCTA’s prequalification testing.
Bucknam Infrastructure Group inspectors have attended formal training on pavement condition distress surveys. This training was conducted prior to performing any work using the ASTM D6433 protocols, consistent with OCTA’s requirements.
h. Field data collection safety procedures – Bucknam field survey techniques utilize the following procedures:
City of Cypress, CA Page 19
2025 Citywide Pavement Management Plan – OCTA Submittal Final Report – April 25, 2025
a. All vehicles are properly marked or flagged with appropriate sign markings indicating that a “PAVEMENT SURVEY IS IN PROGRESS”
b. All vehicles have the proper flashing amber light beacons placed on the top of the vehicle to allow for proper visibility and line-of-site warning c. Large MPAH routes are surveyed using two field technicians to increase traffic control warning and safety
d. While parking or stopping along the survey route, vehicles legally park within the rightof-way or use a parking lot e. All field technicians wear ANSI – 105 Class II safety vests XV. APPENDIX E – PAVEMENT MANAGEMENT DATA FILES
The City of Cypress StreetSaver database is available online through MTC StreetSaver’s website; to log in and review PMP data OCTA will need to obtain permission from Cypress staff and MTC. This data and the associated reporting data includes:
• Street names and limits for the City’s public streets • Street identifiers (Branch ID, Section ID)
• Direction
• Begin and end of section
• Length, width and true areas
• Functional Classification (MPAH, Local)
• Number of travel lanes
• Pavement Condition Index (PCI) and date of inspection • Type of recommended treatment
• Cost of recommended treatment
City of Cypress, CA Page 20
2025 Citywide Pavement Management Plan – OCTA Submittal Final Report – April 25, 2025
XVI. APPENDIX F – GIS MAPS / CURRENT CONDITIONS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONCERNING THE STATUS AND
UPDATE OF THE CIRCULATION ELEMENT, MITIGATION FEE PROGRAM, AND PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M (M2) PROGRAM
WHEREAS, the City of Cypress desires to maintain and improve the streets within its jurisdiction, including those arterials contained in the Master Plan of Arterial Highways (MPAH); and WHEREAS, the City of Cypress has endorsed a definition of and process for, determining consistency of the City’s Traffic Circulation Plan with the MPAH; and WHEREAS, the City of Cypress has adopted a General Plan Circulation Element which does not preclude implementation of the MPAH within its jurisdiction; and WHEREAS, the City of Cypress is required to adopt a resolution biennially informing the Orange County Transportation Authority (OCTA) that the City Circulation Element is in conformance with the MPAH and whether any changes to any arterial highways of said Circulation Element have been adopted by the City during Fiscal Years (FY) 2023-24 and FY 2024-25; and WHEREAS, the City of Cypress is required to send biennially to the OCTA all recommended changes to the City Circulation Element and the MPAH for the purposes of re-qualifying for participation in the Comprehensive Transportation Funding Programs; and WHEREAS, the City of Cypress is required to adopt a resolution biennially certifying that the City has an existing Mitigation Fee Program that assesses traffic impacts of new development and requires new development to pay a fair share of necessary transportation improvements attributable to the new development; and
WHEREAS, the local jurisdiction is required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and
WHEREAS, the local jurisdiction is required to adopt and update a Pavement Management Plan (PMP), using the required format, regarding the status of road pavement conditions and implementation of the PMP on a biennial basis; and
WHEREAS, the local jurisdiction is required to provide a plan that manages the preservation, rehabilitation, and maintenance of paved roads by analyzing pavement life cycles, assessing overall system performance costs, and determining alternative strategies and costs necessary to improve paved roads.
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City Cypress, does hereby inform OCTA that:
a) The arterial highway portion of the Circulation Element of the City of Cypress is in conformance with the MPAH.
b) The City of Cypress attests that no unilateral reduction in through lanes has been made on any MPAH arterials during FY 2023-24 and FY 2024-25. c) The City of Cypress affirms that it will bring forward requests to amend the MPAH, when necessary, in order to ensure that the MPAH and the General Plan Circulation Element remain consistent.
d) The City of Cypress reaffirms that the existing Mitigation Fee Program is in effect. e) The PMP is in conformance with the PMP Submittal Template provided in the Countywide Pavement Management Plan Guidelines.
f) The City of Cypress hereby adopts a PMP and has provided an updated PMP report, using the required format, to OCTA.
g) The Public Works Director, City Engineer or designee is authorized to sign the PMP certification form.
PASSED AND ADOPTED by the City Council of Cypress at a regular meeting held on the 23rd day of June, 2025
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITYOF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 23rd day of June, 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
CITY CLERK OF THE CITYOF CYPRESS
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 3.
FROM: Nick Mangkalakiri, Director of Public Works
DATE: 06/23/2025
SUBJECT: Accept the Sewer System Video Evaluation, Project 355
RECOMMENDATION
1. Accept the Sewer System Video Evaluation, Project 355, in the amount of $148,214.05 and approve the final retention payment of $7,410.70 to Premier Pipe, Inc.; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
DISCUSSION
Last November, the City Council awarded a construction contract to Premier Pipe, Inc. for the evaluation of roughly 20 miles of sewer pipe. This project is part of an ongoing program to inspect approximately 20% of the City’s 100-mile sanitary sewer system each year, ensuring continued compliance with State Water Board regulations. The work was completed in May 2025.
Public Works will release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period.
BUDGET IMPACT
The estimated cost of the project was $153,390, and final project costs are $148,214 as summarized in the attached table, and sufficient amounts are budgeted in the Sewer Fund.
LEGAL REVIEW
None required.
APPROVED BY: Peter Grant, City Manager
Attachments
Cost Table
PROJECT COST TABLE
Item Description
Original
Amount
Actual
Expenditures Difference
Construction
Construction $ 133,390.00 $ 133,390.00 -
Construction Contingency 20,000.00 14,824.05 * 5,175.95 Sub-total Construction $ 153,390.00 $ 148,214.05 $ 5,175.95 Total Project $ 153,390.00 $ 148,214.05 $ 5,175.95
Sewer System Video Evaluation
Project 355
* Includes change orders for additional quantities for sewer evaluations.
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 4.
FROM: Nick Mangkalakiri, Director of Public Works
DATE: 06/23/2025
SUBJECT: Approve an Agreement for Building Inspection and Plan Check Services
RECOMMENDATION
Approve a three-year agreement with Charles Abbott Associates, Inc. for building inspection and plan check services.
DISCUSSION
The City contracts for building inspection, plan check, permitting, and counter services with an on-site Building Official. The current five-year contract term will expire on June 30.
Public Works solicited Statements of Qualifications from firms offering full-service Building and Safety services. The City received responses from 10 firms and conducted interviews with the four firms which appeared most qualified. Based on the interviews, Charles Abbott Associates, Inc. (CAA) was identified as the most qualified firm and the most cost-effective option.
CAA is the City’s current service provider and has been providing building services to Cypress for over 14 years. CAA currently provides full-service building plan check and inspection services to several Orange County cities, including Aliso Viejo, Laguna Hills, Laguna Niguel, Los Alamitos, Mission Viejo, and Rancho Santa Margarita.
Building revenues vary with development activity and, historically, fee revenue ranges between $1.08 million and $1.65 million annually. The expiring contract compensates the contractor on a sliding scale percentage of fees collected, with Building Official services separately billed by the hour, as shown in the following table:
Fees Collected
(Monthly)
Percentage of Fees Paid
to Consultant
First $50,000 50%
$50,001 to $100,000 40%
$101,000 and greater 33%
Certified Building
The recommended contract changes
the compensation structure to a flat
rate of 60% of all building fees collected and includes a full-time Building Official, rather than having those services billed by the hour. The table below provides a cost comparison between the existing contract and the recommended contract based on annual revenues over the previous five fiscal years.
Year Fee
Revenues
Existing Contract
Cost
New Contract
Cost Difference
FY
2020-21 $1,330,000 $669,970 $798,000 $128,030
FY
2021-22 $1,650,000 $798,370 $990,000 $191,630
FY
2022-23 $1,590,000 $755,674 $954,000 $198,326
FY
2023-24 $1,080,000 $551,128 $648,000 $96,872
FY
2024-25 $1,370,000 $743,031 $822,000 $78,969
The increase in costs for the new contract reflects the rising cost of providing Building and Safety services. High inflation in recent years has significantly impacted industry-wide costs to provide competitive salaries and benefits, staff training and certifications, and other items necessary to provide services and retain qualified personnel. The existing contract with CAA was entered into in 2019 (prior to the inflationary years) and CAA has honored the same pricing structure for the full five-year term of the contract without impacting its level of service.
Additionally, over the last five years, Building Official services have averaged approximately 20 hours per week, while the new contract guarantees 40 hours of service per week.
Providing a full-time contract Building Official will allow the Building Division to improve services to residents and customers, such as offering daily Building Official counter/office hours to the public.
The initial contract term is three years starting July 1, 2025, with an option for two one-year extensions.
Certified Building
Official Hourly Rate: $125
BUDGET IMPACT
The FY 2025-26 budget includes contract building plan check and inspection amounts based on the fee structure recommended in the new contract, based on an average expected volume of building activity. However, if higher building activity results in the need for additional appropriations, a supplemental budget adjustment will be recommended to the City Council after the conclusion of the fiscal year once an exact amount is known. This is consistent with the City's past practice to address budget shortfalls associated with factors outside the City's control, such as changes in development activity.
LEGAL REVIEW
The City Attorney has reviewed and approved the agreement as to form.
APPROVED BY: Peter Grant, City Manager
Attachments
Contract Agreement
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 5.
FROM: Nick Mangkalakiri, Director of Public Works
DATE: 06/23/2025
SUBJECT: Approve Agreements for On-Call Architectural Services
RECOMMENDATION
Approve agreements for on-call professional architectural services with BOA Architecture and Bureau Veritas North America, Inc.
DISCUSSION
On-call contracts provide flexibility to implement and deliver projects as necessary. The City currently has on-call contracts for a variety of professional services including architects, sewer, storm drain, traffic engineering, construction management and inspection, and environmental services.
The existing on-call architectural services contract expires in August. A Request for Qualifications was sent to 13 architects and the City received three responses. The three firms were interviewed by Public Works using a qualifications-based rating system, and it is recommended that the City Council award on-call contracts to BOA Architecture and Bureau Veritas North America, Inc. Two on-call architects will provide Public Works flexibility to manage workloads and select the firm best suited for different types of projects.
Both firms are highly recommended by other public agencies throughout Southern California, and have provided similar services to Cypress and nearby agencies, including Irvine, Costa Mesa, Long Beach, Santa Ana, and the County of Orange. BOA Architecture is based in Long Beach and has served as the City’s on-call architect since 2020. BOA currently has several projects in design and recently completed the Senior Center interior remodel and the City Hall public restroom. Bureau Veritas is a global leader providing a wide range of services, including architectural and engineering services. Its Irvine office has completed interior remodels, facility assessments, and comprehensive architectural and engineering designs for numerous Southern California agencies.
The recommended agreements are for three years with a City option for two one-year extensions. The scope of work, schedule, and fee for each project are approved (either administratively or by the City Council) before any work begins.
BUDGET IMPACT
The approval of work under on-call contracts requires sufficient amounts be available in the Budget and compliance with Municipal Code requirements.
LEGAL REVIEW
The City Attorney has reviewed and approved the contracts as to form.
APPROVED BY: Peter Grant, City Manager
Attachments
Contract Agreement - BOA
Contract Agreement - Bureau Veritas
01004.0006/389802.1
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AGREEMENT FOR ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES
BY AND BETWEEN THE CITY OF CYPRESS AND
BUREAU VERITAS NORTH AMERICA, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 23rd day of June, 2025 by and between the City of Cypress, a California municipal corporation (“City”) and BUREAU VERITAS NORTH AMERICA, INC. (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services on a non-exclusive basis.
C. Pursuant to the City of Cypress’s Charter and Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest 01004.0006/389802.1
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professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Contractor’s Proposal.
The Scope of Service shall include the Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
01004.0006/389802.1
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to Fifteen percent (15%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed (see Exhibit “C”) Dollars (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
01004.0006/389802.1
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
01004.0006/389802.1
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
01004.0006/389802.1
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(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Public Works Director or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or Michael McDonald, AIA, Director of Architecture
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control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance 01004.0006/389802.1
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written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement.
During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
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CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ MM
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reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor 01004.0006/389802.1
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shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District 01004.0006/389802.1
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Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party 01004.0006/389802.1
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon written notice to Contractor. In addition, the Contractor may terminate this Agreement for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer.
Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section
7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01004.0006/389802.1
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the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. 01004.0006/389802.1
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Cypress, 5275 Orange Avenue, Cypress, California 90630 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 01004.0006/389802.1
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.)
Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Cypress, a municipal corporation
____________________________________
Mayor
ATTEST:
____________________________________
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
City Attorney
CONTRACTOR:
______________________________________
______________________________________
By:
___________________________________
Name:
Title:
By:
___________________________________
Name:
Title:
Address: ______________________________
______________________________
______________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
Heather B Bush
Vice President & Secretary
Bureau Veritas North America, Inc (BVNA)
220 Technology Drive, Suite 100
Irvine, CA 92618 Richard Henrikson Vice President
01004.0006/389802.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
1. Contractor shall provide On-Call Professional Architectural Services on an as-needed Task Order Not-to-Exceed basis, to the City of Cypress, including, but not limited to, the following specific services:
Architectural and Engineering Services – ADA improvements, interior and exterior facility improvements, interior design, tenant improvements, Mechanical, Electrical, and Plumbing (MEP) upgrades (HVAC upgrades, bathroom remodels, fixture upgrades, etc.) and other similar tasks on an On-Call, Task Order, Time and Material, Not-to-Exceed basis, to the City of Cypress, including the following: Preliminary Project Research, Studies and Investigations; Surveying; Project Design, including preparation of Plans, Specifications, and Estimates; Utility Coordination, Construction Support, Quality Assurance/Quality Control, Constructability Review, Value Engineering, and related services, for City of Cypress Public Works projects
2. General Requirements for Scope of Services:
a. Letter of Authority – Prior to the issuance of any task orders under this Agreement, Contractor shall submit a written letter identifying the key personnel authorized to initiate and submit proposals on the Contractor’s behalf. b. Task Orders – Prior to starting any work, Contractor shall submit a proposed, detailed Task Order scope of services, fee proposal, schedule, and overall project estimate, to the Contract Officer for approval. Task Order shall include all rates and costs for any sub-contractor performing any work related to the subject Task Order.
No work shall begin until written approval from the Engineering Division has been received. Scope of Services and number of hours for each Task shall be upon mutual agreement by the City and the Contractor.
c. Invoices – The Contractor shall submit invoice monthly and in no case shall invoice be submitted more than once per month. A copy of the accounts payable schedule is available from the Contract Officer. The invoice will be in a format that is acceptable to Contract Officer and shall detail individual personnel who worked on the project, specific tasks performed, hours worked, billing rate, total costs, and previous billing history, percentage of work completed, and percentage of dollars spent. The Contractor shall prepare invoices that show costs against each major milestone task.
The Contractor shall notify the Contract Officer when the cumulative compensation payable under any Task Order has reached 75% of the estimated not to exceed price.
If at any time the Contractor has reason to believe that the total cost to the Authority for the performance of the Task Order will be greater or substantially less than the not to exceed estimate, the Contractor shall notify the City in writing to that effect and give its revised estimate of the total cost for the performance of the task Order.
The notice shall state the estimated amount of additional funds required to continue 01004.0006/389802.1 A-2
performance for the remainder of the Task Order. In no event is the Contractor authorized to exceed the Task Order “not to exceed price” without prior written approval from the City.
d. Computer Files - At the conclusion of each Task Order, or mutually agreed milestones, the Contractor shall supply the City with a digital and editable copy of all files that are included in the hard copy submittal. The Contractor shall use or transfer files into the following formats: Word Processing: Microsoft Word, Spreadsheets: Microsoft Excel, Databases: Microsoft Access, GIS: ArcView, Drawings: Autocad. All final plans and digital files shall be submitted on a flashbased memory device or cloud base services.
The City shall have the right to use, duplicate, modify or disclose the technical data and the information contained therein.
The Contractor agrees to provide any proprietary software or data used in conjunction with the project to the City, if requested, as long as the City pays for any additional licensing costs.
e. Web-based Database – In addition to Contractor’s standard construction reporting procedures, Contractor shall utilize an online, web-based construction management platform, such as Procore or an approved equal, for all aspects of construction and project management, including but not limited to, preconstruction activities, project management, resource management, and financial management. Contractor shall submit copies of inspection daily reports on a daily basis. Inspection daily reports shall be submitted by 7:00 am the following calendar day. Additionally, Contractor shall track labor hours on a daily basis on this platform. Furthermore, daily photos of construction activities shall be uploaded on a daily basis by the Contractor to the platform.
f. Contractor’s Progress Invoice – The Contractor shall have quantity sheets which summarize the quantity, location, date, time, and quantity of each bid item installed and subsequently submitted for payment. Quantity sheets shall be checked against daily inspection reports for correctness. Separate quantity sheets shall be created for change order work. These quantity sheets shall be in addition to the measured field quantities record agreed upon in the field. Contractor is responsible for checking the progress invoice against the quantity sheets, daily reports, and measured field quantities records. Additionally, Contractor shall request prevailing wage reports from the construction contractor when the work is subject to prevailing wages. Contractor is responsible for checking each progress payment and ensuring compliance with current laws and regulations regarding prevailing wages. Prior to forwarding construction contractor’s invoices to the City, Contractor shall have the progress payment signed and dated certifying that he has checked the progress invoice for completeness and correctness and that the aforementioned tasks described herein this item have been completed. 01004.0006/389802.1 A-3
g. Key Personnel – The Contractor shall not reassign any personnel mentioned in the RFQ/Interview process unless under extraordinary circumstances. The Contractor shall secure prior written approval from the City for any change or reassignment of the key personnel, submitting written documentation of the new individual’s qualification.
The Contractor’s project manager shall supervise and direct the services, and have overall responsibility for the services in accordance with the Contractor Agreement and Scope of Work. The Contractor shall be solely responsible for implementation of all Contractor’s services, means, methods, techniques, sequences, and procedures and for coordination of all portions of the services.
All personnel shall have sufficient skill and experience to perform the work assigned to them. The City shall have the right, in its absolute discretion to require the removal of the Contractor’s personnel at any level assigned to the performance of the Services at no additional fee to the City, if the City considers such removal necessary and in its best interest and request such removal in writing. Further, an employee who is dismissed for any of the above reasons shall not be re-employed on this Agreement.
h. Safety and Identification – All Contractor personnel are required to wear ANSI Class 2 or ANSI Class 3 Safety Vests at ALL times. Vests shall be high visibility lime-green with reflective stripes and shall have an identifying logo and print on the back of the vest. When working in areas where there is a potential for injury to the head from falling objects, Contractor personnel shall wear Class A hard hats in accordance with ANSI Z89.1, which shall have an identifying logo and print on the front of the hard hat. Full-size proofs of the identifying logos and print shall be submitted to the City for approval.
i. Vehicle Identification – All Contractor personnel vehicles shall have a magnetic decal for automobiles posted on both sides of the automobile. The decal shall have the City of Cypress Public Works Logo, along with the words “Public Works Inspector”, printed on the decal. A proof shall be submitted to the City for approval prior to the production of the decal.
j. Unauthorized Work – Any services not required by the terms of the final scope of work or proposal that are performed without written authority from the Contract Officer, will be considered as unauthorized and at the sole expense of the Contractor. Services so performed will not be paid for, and no extension in the period of performance shall be granted on account thereof. k. Audits – The Contractor shall keep and maintain full and complete records and books of account of its costs and expenses relating to the performance of the Services, in accordance with generally accepted accounting practices. Such records and accounts shall be furnished to the City, upon written notice, an accurate written 01004.0006/389802.1 A-4
allocation of the costs to the various elements of the Services, as may be required by the Authority. Upon reasonable advance written notice, the City or its representatives shall have the right to examine, any books, records, accounts, and other documents of the Contractor directly pertaining to costs when such costs are the basis of a claim or of reimbursement to the Contractor hereunder. The City will make reasonable efforts to assure that any such representative is not a competitor of the Contractor to which the disclosure of such cost information would have a detrimental effect on the Contractor’s business. The City shall notify the Contractor with the identity of any representative and the Contractor will have the right to verify that the representative is not a competitor prior to the audit. The Contractor shall keep and preserve all such books, records, accounts, and other documents for a period of at least three years after completion of the Services and Final Payment or if this Agreement is terminated in whole or in part after the final termination agreement.
l. Contractor’s Interaction with the Media and the Public – The Contractor shall refer all inquiries from the news media to the City. If the Contractor receives a complaint from a citizen or the community, the Contractor shall inform the Contract Officer what action was taken to alleviate the situation.
m. Sub-Contractors – The City reserves the right of prior approval of all subContractors and retains the right to request the Contractor to terminate any subContractor, for any reason deemed appropriate by the City, by so notifying the Contractor in writing. Should said notification be submitted to the Contractor, it shall terminate said sub-Contractor immediately.
The City shall have no liability to any sub-Contractor(s) for payment for services under this Agreement or other work performed for Contractor. Any subcontract entered into by Contractor under the contract shall duly note that the responsibility for payment for the technical services or any other services performed shall be the sole responsibility of the Contractor.
n. Direct Expenses – It is expected that the Contractor has extensive knowledge and experience performing this type of work. The Contractor shall prepare a not to exceed budget for direct expenses and breakdown costs for services such as insurance, construction management software, copying, blue prints, computer time, reproduction, delivery, and any other foreseeable expense not covered in the Contractor’s hourly rates. Therefore, the Contractor shall receive no additional compensation beyond that which is detailed in their budget. Mileage charges shown in the Hourly Rates shall refer to only non-commuter travel. 01004.0006/389802.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. DELETE subsection 1.1 and REPLACE with the following:
“1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those on-call services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. Consultant acknowledges and agrees that City has no obligation to utilize Consultant under this Agreement. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein.
Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.”
II. DELETE subsection 1.8 and REPLACE with the following:
“1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in a particular Task Order, as defined in Exhibit “A,” or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation up to the amount authorized by the City Council (“Task Order Contingency”); or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
01004.0006/389802.1 B-2
II. DELETE subsection 2.1 and REPLACE with the following:
“2.1 Contract Sum. For on-call services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. For each Task Order, as defined in Exhibit “A,” Contractor shall provide a not-to-exceed Task Order amount as further described in Exhibit “A” (“Contract Sum”).”
III. DELETE subsection 3-4 and REPLACE with the following:
“3.4 Term & Extended Term. Unless earlier terminated in accordance with Section 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of such services as may be requested by City from time-to-time, but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance. The City shall have the right but not the obligation, in its sole and unfettered discretion, to extend the initial term of this Agreement a maximum of two (2) extended terms of one (1) year each. In order to do so, City shall, not later than ninety (90) calendar days prior to the expiration of the initial term, give Contractor written notice, in the form and manner allowed by this Agreement, of its intention to extend the initial term of this Agreement for two (2) extended terms of one (1) additional year, which extension shall be according to the terms and conditions of this Agreement, unless the same is modified by the parties hereto in writing signed by the party to be charged.
At the expiration of the term of this Agreement, if the City requires additional time for the Services to be performed, as confirmed by City to Contractor in writing, this Agreement shall be extended on a month-to-month basis. In such instance, in the absence of a written communication from City to Contractor to the contrary, the term of this Agreement shall be subject to termination upon thirty (30) days prior notice by either party. Such month-to-month extension shall not be deemed a renewal of the full term or an extension for any further term. City shall pay Contractor the applicable monthly Compensation or the pro-rata Compensation amount, and the month-to-month term shall be subject to every other term, covenant and condition in this Agreement that is consistent with and not contrary to a month-to-month term.”
IV. The title of Article 5 shall read as follows:
“INSURANCE, INDEMNIFICATION, AND BONDS”
V. Section 5.1(d) shall be amended to read as follows:
“Professional Liability. Professional liability insurance in the amount not less than two million dollars ($2,000,000). This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The 01004.0006/389802.1 B-3
professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.”
VI. Section 5.5 shall be added as follows:
“Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager.”
01004.0006/389802.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor’s fee shall be negotiated, for each Task Order, on a Time and Material, Not-toExceed basis, in accordance with the hourly rate schedule, attached hereto as Exhibit “C1”.
II. All Task Orders must be performed within the budgetary limits established for each project, unless authorized otherwise, in advance in writing, by the Contract Officer and/or the Director of Public Works.
III. All Task Orders shall be specified in writing, including, but not limited to, the Not-toExceed fee for services rendered.
IV. Requests for cost or rate increases, as set forth in Exhibit “C-1”, may be made on an annual (fiscal year) basis, and shall be: (1) based on the April CPI-U (Consumer Price Index for All Urban Consumers) for Los Angeles-Long Beach-Anaheim, CA; (2) approved by the Contract Officer; (3) not exceed 5% per year; and (4) shall be prorated for terms less than 12 months.
01004.0006/389802.1 C-2
EXHIBIT “C-1”
HOURLY RATE SCHEDULE
City of Cypress On-Call Professional Architectural and Engineering Services Job Title/Classification Hourly Rate Effective dates of hourly rate Principal $ 280.00 7/1/2025 - 6/30/2028
Project Manager $ 230.00 7/1/2025 - 6/30/2028
Project Architect $ 200.00 7/1/2025 - 6/30/2028
Architectural Designer $ 150.00 7/1/2025 - 6/30/2028
Senior Engineer $ 230.00 7/1/2025 - 6/30/2028
Engineer $ 175.00 7/1/2025 - 6/30/2028
Senior Commissioning Agent $ 220.00 7/1/2025 - 6/30/2028 Commissioning Agent $ 175.00 7/1/2025 - 6/30/2028
Cost Estimator $ 240.00 7/1/2025 - 6/30/2028
CAD Designer II $ 110.00 7/1/2025 - 6/30/2028
CAD Designer I $ 70.00 7/1/2025 - 6/30/2028
Project Coordinator $100.00 7/1/2025 - 6/30/2028
Administrative $ 90.00 7/1/2025 - 6/30/2028
Other Charges Rate Effective dates of rate
Reimbursables & Reprographics Cost 7/1/2025 - 6/30/2028 Outside Services / Subconsultants Cost + 10% 7/1/2025 - 6/30/2028 Notes:
These rate schedules are effective through the dates indicated on the rate table, except for Prevailing Wage covered classifications.
Should the Contract duration be extended beyond the dates referenced in the table, rates may be adjusted in accordance with the current Consumer Price Index (but not to exceed 5% annually), as mutually agreeable to the parties.
The above hourly rates are fully burdened or loaded, including full compensation for all overhead and profit. Billing rates shall include provision for normal office costs, including, but not limited to: office rental, utilities, insurance, cell phone or radio, equipment, normal supplies and materials, in-house reproduction services, and local travel costs.
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Hourly rates, set forth in Exhibit "C-1", may be modified upon approval of the Contract Officer and/or Director of Public Works. Requests for cost or rate increases, as set forth in Exhibit “C-1”, may be made on an annual (fiscal year) basis, and shall be: (1) based on the April CPI-U (Consumer Price Index for All Urban Consumers) for Los Angeles-Long Beach-Anaheim, CA; (2) approved by the Contract Officer; (3) not exceed 5% per year; and (4) shall be prorated for terms less than 12 months.
II. Specific work shall be implemented by means of Task Orders, issued in writing by the Contract Officer to the Contractor, including, but not limited to, a Not-to-Exceed fee for services rendered for each Task Order
III. In the case of emergency work, Contractor shall be available to provide services within 48 hours, in response to issuance of a Task Order by the Contract Officer.
IV. The Contractor shall provide a detailed schedule, in format approved by the Contract Officer, for each Task Order. No work shall be authorized unless the Contract Officer has first approved the schedule.
V. Contract shall commence on July 1, 2025.
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 6.
FROM: Nick Mangkalakiri, Director of Public Works
DATE: 06/23/2025
SUBJECT: Approve Agreements for On-Call Professional Traffic Engineering Services and a Task Order for City Traffic Engineer Services
RECOMMENDATION
1. Approve contract services agreements for on-call professional traffic engineering services to Advantec Consulting Engineers, Inc., Hartzog and Crabill, Inc. (HCI), Iteris, Inc., and Linscott, Law & Greenspan Engineers (LLG); and
2. Approve a Task Order not to exceed $167,000 to LLG to provide FY 2025-26 City Traffic Engineer Services.
DISCUSSION
On-call contracts provide the City with the flexibility to implement and deliver projects as necessary. The City currently has on-call contracts for a variety of professional services including sewer, storm drain, construction management and inspection, traffic engineering and environmental services.
The existing five-year on-call contracts for professional traffic engineering services will expire in July. A Request for Qualifications was advertised, and 11 consultants showed interest.
Four of these consultants submitted proposals and were interviewed by Public Works. Based on the interviews of the four firms, all firms were rated as qualified with each firm displaying specialized areas of expertise. Public Works recommends awarding contracts to all four firms based on their specific areas of specialization, as follows:
City Traffic Engineer: Linscott, Law & Greenspan Engineers (LLG) Provide City Traffic Engineer services, advise the Traffic Commission, review capital and private development projects, and other tasks as assigned.
Traffic Signal Operations and Maintenance: Hartzog and Crabill, Inc. (HCI) Manage, monitor and maintain the traffic signal timing and operations at the City's 61 intersections.
Traffic Signal Fiber Optic/Interconnect Network Operations and Maintenance: Iteris Manage, operate and maintain the fiber optic/interconnect system network for 61 traffic signals and 50 traffic cameras.
Transportation/Traffic Design Services: Advantec Consulting Engineers, Inc.
Design for traffic/transportation-related capital projects.
All firms have previously completed work for the City and also come with recommendations from other public agencies throughout Southern California. The initial term of these four on-call contracts is three years with an option for two one-year extensions. Prior to starting any new service for a particular project, the firms will provide a scope of work, project schedule, and fee proposal for review and approval. For projects beyond the approval authority of the City Manager, a task order will be brought forward to the City Council for approval.
For FY 2025-26, a task order with LLG is recommended for an amount not to exceed $167,000 for City Traffic Engineer services to advise the traffic commission and to oversee and address all traffic-related issues for the City.
It is anticipated that FY 2025-26 task orders for HCI and Iteris will be within the approval authority of the City Manager. No task orders for Advantec have been identified at this time, but any future task orders will be issued on a per-project basis as needed.
BUDGET IMPACT
Sufficient amounts are included in the FY 2025-26 budget for the recommended task order with LLG. Additionally, any task order issued as part of an on-call contract must have budget amounts available prior to approval.
LEGAL REVIEW
The City Attorney has approved the agreements as to form.
APPROVED BY: Peter Grant, City Manager
Attachments
Contract Agreement - Advantec
Contract Agreement - HCI
Contract Agrement - Iteris
Contract Agreement - LLG
Task Order - LLG
01004.0006/389802.1 7/5/2017
AGREEMENT FOR
TRAFFIC SIGNAL INTERCONNECT SYSTEM /
TRAFFIC SIGNAL OPERATIONS SUPPORT AND
VARIOUS TRAFFIC ENGINEERING CONTRACT SERVICES
By and Between
CITY OF CYPRESS
and
ADVANTEC Consulting Engineers, Inc.
01004.0006/389802.1 7/5/2017
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AGREEMENT FOR TRAFFIC SIGNAL INTERCONNECT SYSTEM / TRAFFIC
SIGNAL OPERATIONS SUPPORT AND VARIOUS TRAFFIC ENGINEERING
CONTRACT SERVICES BY AND BETWEEN THE CITY OF CYPRESS AND ADVANTEC Consulting Engineers, Inc.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 20__ by and between the City of Cypress, a California municipal corporation (“City”) and ADVANTEC Consulting Engineers, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Cypress’s Charter and Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest 01004.0006/389802.1 7/5/2017
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professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Contractor’s Proposal.
The Scope of Service shall include the Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed (see Exhibit “C”) Dollars (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Director of Community Development or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
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4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by 01004.0006/389802.1 7/5/2017
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or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement.
During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
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All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of 01004.0006/389802.1 7/5/2017
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Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor 01004.0006/389802.1 7/5/2017
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agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents 01004.0006/389802.1 7/5/2017
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without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other 01004.0006/389802.1 7/5/2017
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appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 01004.0006/389802.1 7/5/2017
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7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Contractor. In addition, the Contractor may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action 01004.0006/389802.1 7/5/2017
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or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. 01004.0006/389802.1 7/5/2017
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Cypress, 5275 Orange Avenue, Cypress, California 90630 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 01004.0006/389802.1 7/5/2017
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.)
Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Cypress, a municipal corporation
_____________________________________
David Burke, Mayor
ATTEST:
____________________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Fred Galante, City Attorney
CONTRACTOR:
______________________________________
______________________________________
By:
___________________________________
Name:
Title:
By:
___________________________________
Name:
Title:
Address: ______________________________
______________________________
______________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasure 01004.0006/389802.1 7/5/2017 A-1
EXHIBIT “A”
SCOPE OF SERVICES
A-1 SPECIFIC Requirements for Scope of SERVICES
A-1.1 Consultant shall provide Professional design and engineering services for traffic signal interconnect system, traffic signal system integration, traffic signal operations and maintenance support, and various related Traffic Engineering Services on an On-Call, Task Order, Time and Material, Not-to-Exceed basis, to the City of Cypress, including the following:
The Contractor shall perform traffic signal timing modifications and traffic operations support on the City’s signalized intersections. The Contractor shall be thoroughly capable of troubleshooting Ethernet communication issues associated with the City’s fiber optic communication system that is used for communication with various traffic signals and CCTV system throughout the City. In addition, the Contractor shall be capable of performing various types of traffic engineering services including traffic signal warrant studies, pedestrian studies, radar speed studies and the preparation of design plans, estimates and specifications for the construction of various types of traffic control devices, and provide Staff Augmentation and related services for City of Cypress Public Works projects.
A-1.2 Prior to starting any work, Consultant shall submit a proposed, detailed Task Order scope of services, fee proposal, schedule, and over-all project estimate, to the Contract Officer for approval. No work shall begin until written approval by the Engineering Division.
A-1.3 Scope of Services and number of hours for each Task shall be upon mutual agreement by the City and the Consultant.
A-2 General Requirements for Scope of SERVICES
A-2.1 Invoices: The Consultant shall submit not more than one invoice a month and shall obtain a copy of the accounts payable schedule. The invoice will be in a format that is acceptable to Contract Officer and shall detail individual personnel who worked on the project, specific tasks performed, hours worked, billing rate, total costs, and previous billing history, percentage of work completed, percentage of dollars spent. The Consultant shall prepare invoices that show costs against each major milestone task. An updated schedule shall be provided with each submitted invoice.
The Consultant shall notify the Contract Officer when the cumulative compensation payable under any Task Order has reached 75% of the estimated not to exceed price. If at any time the Consultant has reason to believe that the total cost to the Authority for the performance of the Task Order will be greater or substantially less than the not to exceed estimate, the Consultant shall notify the City in writing to that effect and give its revised estimate of the total cost for the performance of the task Order. The notice shall state the estimated amount of additional funds required to continue performance for the remainder 01004.0006/389802.1 7/5/2017 A-2
of the Task Order. In no event is the Consultant authorized to exceed the Task Order “not to exceed price” without prior written approval from the City.
A-2.2 Computer Files: At the conclusion of each Task Order, or mutually agreed milestones, the Consultant shall supply the City with a digital and editable copy of all files that are included in the hard copy submittal. The Consultant shall use or transfer files into the following formats: Word Processing: Microsoft Word, Spreadsheets: Microsoft Excel, Google Docs Databases: Microsoft Access, GIS: ArcView, Drawings: AutoCAD. All final plans and digital files shall be submitted via an online fileshare method or submitted on a flash drive.
The City shall have the right to use, duplicate, modify or disclose the technical data and the information contained therein.
The Consultant agrees to provide any proprietary software or data used in conjunction with the project to the City, if requested, as long as the City pays for any additional licensing costs.
A-2.3 Key Personnel: The Consultant shall not reassign any personnel mentioned in the RFQ/Interview process unless under extraordinary circumstances. The Consultant shall secure the prior written approval of the City for any change or reassignment of the key personnel, submitting written documentation of the new individual’s qualification.
The Consultant’s project manager shall supervise and direct the services, and have overall responsibility for the services in accordance with the Consultant agreement and Scope of Work. The Consultant shall be solely responsible for implementation of all Consultants services, means, methods, techniques, sequences, and procedures and for coordination of all portions of the services.
All workers shall have sufficient skill and experience to perform the work assigned to them.
The City shall have the right, in its absolute discretion to require the removal of the Consultant’s personnel at any level assigned to the performance of the Services at no additional fee to the City, if the City considers such removal necessary and in its best interest and request such removal in writing. Further, an employee who is dismissed for any of the above reasons shall not be re-employed on this Contract.
A-2.4 UNAUTHORIZED WORK: Any services not required by the terms of the final scope of work or proposal that are performed without written authority from the Contract Officer, will be considered as unauthorized and at the sole expense of the Consultant.
Services so performed will not be paid for, and no extension in the period of performance shall be granted on account thereof.
A-2.5 AUDITS: The Consultant shall keep and maintain full and complete records and books of account of its costs and expenses relating to the performance of the Services, in accordance with generally accepted accounting practices. Such records and accounts shall 01004.0006/389802.1 7/5/2017 A-3
permit the Consultant to furnish the City, upon written notice, an accurate written allocation of the costs to the various elements of the Services, as may be required by the Authority.
Upon reasonable advance written notice, the City or its representatives shall have the right to examine, any books, records, accounts, and other documents of the Consultant directly pertaining to costs when such costs are the basis of a claim or of reimbursement to the Consultant hereunder. The City will make reasonable efforts to assure that any such representative is not a competitor of the Consultant to which the disclosure of such cost information would have a detrimental effect on the Consultant’s business. The City shall notify the Consultant with the identity of any representative and the Consultant will have the right to verify that the representative is not a competitor prior to the audit. The Consultant shall keep and preserve all such books, records, accounts, and other documents for a period of at least three years after completion of the Services and Final Payment or if this Contract is terminated in whole or in part after the final termination agreement.
A-2.6 CONSULTANT’S INTERACTION WITH MEDIA AND THE PUBLIC: The Consultant shall refer all inquiries from the news media to the City. If the Consultant receives a complaint from a citizen or the community, the Consultant shall inform the Contract Officer what action was taken to alleviate the situation.
A-2.7 SUB-CONSULTANTS/SUBCONSULTANT: The City reserves the right of prior approval of all sub-consultants and retains the right to request the Consultant to terminate any sub-consultant, for any reason deemed appropriate by the City, by so notifying the Consultant in writing. Should said notification be submitted to the Consultant, it shall terminate said sub-consultant immediately.
The City shall have no liability to any sub-consultant(s) for payment for services under this Contract or other work performed for Consultant. Any subcontract entered into by Consultant under the contract shall duly note that the responsibility for payment for the technical services or any other services performed shall be the sole responsibility of the Consultant.
A-2.8 Direct Expenses: It is expected that the Consultant has extensive knowledge and experience performing this type of work. The Consultant shall prepare a not to exceed budget for direct expenses and breakdown costs for services such as copying, blue prints, computer time, reproduction, delivery, and any other foreseeable expense not covered in the Consultant’s hourly rates. Therefore, the Consultant shall receive no additional compensation beyond that which is detailed in their budget. 01004.0006/389802.1 7/5/2017 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. DELETE subsection 1.1 and REPLACE with the following:
“1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those on-call services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. Consultant acknowledges and agrees that City has no obligation to utilize Consultant under this Agreement. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein.
Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.”
II. DELETE subsection 1.8 and REPLACE with the following:
“1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in a particular Task Order, as defined in Exhibit “A,” or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation up to the amount authorized by the City Council (“Task Order Contingency”); or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for 01004.0006/389802.1 7/5/2017 B-2
performance shall be valid unless the procedures established in this Section are followed.
II. DELETE subsection 2.1 and REPLACE with the following:
“2.1 Contract Sum. For on-call services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. For each Task Order, as defined in Exhibit “A,” Contractor shall provide a not-to-exceed Task Order amount as further described in Exhibit “A” (“Contract Sum”).”
III. DELETE subsection 3-4 and REPLACE with the following:
“3.4 Term & Extended Term. Unless earlier terminated in accordance with Section 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of such services as may be requested by City from time-to-time, but not exceeding three (3) calendar years from the date hereof, except as otherwise provided in the Schedule of Performance. The City shall have the right but not the obligation, in its sole and unfettered discretion, to extend the initial term of this Agreement a maximum of two (2) extended terms of one (1) year. In order to do so, City shall, not later than ninety (90) calendar days prior to the expiration of the initial term, give Contractor written notice, in the form and manner allowed by this Agreement, of its intention to extend the initial term of this Agreement for two (2) extended terms of one (1) additional calendar year, which extension shall be according to the terms and conditions of this Agreement, unless the same is modified by the parties hereto in writing signed by the party to be charged.”
“At the expiration of the term of this Agreement, if the City requires additional time for the Services to be performed, as confirmed by City to Contractor in writing, this Agreement shall be extended on a month-to-month basis. In such instance, in the absence of a written communication from City to Contractor to the contrary, the term of this Agreement shall be subject to termination upon thirty (30) days prior notice by either party. Such month-to-month extension shall not be deemed a renewal of the full term or an extension for any further term. City shall pay Contractor the applicable monthly Compensation or the pro-rata Compensation amount, and the month-to-month term shall be subject to every other term, covenant and condition in this Agreement that is consistent with and not contrary to a month-to-month term.”
IV. The title of Article 5 shall read as follows:
“INSURANCE, INDEMNIFICATION, AND BONDS”
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V. Section 5.1(d) shall be amended to read as follows:
“Professional Liability. Professional liability insurance in the amount not less than two million dollars ($2,000,000). This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.”
VI. Section 5.5 shall be added as follows:
“Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager.”
01004.0006/389802.1 7/5/2017 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor’s fee shall be negotiated, for each Task Order, on a Time and Material, Not-toExceed basis, in accordance with the hourly rate schedule, attached hereto as Exhibit “C1”.
II. All Task Orders must be performed within the budgetary limits established for each project, unless authorized otherwise, in advance in writing, by the Contract Officer and/or Director of Public Works.
III. All Task Orders shall be specified in writing, including, but not limited to, the Not-toExceed fee for services rendered.
IV. Requests for cost or rate increases to the above may be made on an annual (fiscal year) basis, and shall be: (1) based on the April CPI-U (Consumer Price Index for All Urban Consumers) for Los Angeles-Long Beach-Anaheim, CA; (2) approved by the Contract Officer; (3) no more than 5% per year; and (4) shall be prorated for terms less than 12 months.
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EXHIBIT “C-1”
HOURLY RATE SCHEDULE
Hourly Rates
Effective July 1, 2025 through June 30, 2026
Classification Proposed Rates
Principal $390 / hour
Senior Project Manager/Senior Engineer VIII $330 / hour Senior Project Manager/ Senior Engineer VII $270 / hour Project Manager/ Senior Engineer VI $230 / hour
Project Manager/ Engineer V-3 $210 / hour
Project Manager/ Engineer V-2 $190 / hour
Project Manager/ Engineer V-1 $170 / hour
Associate Engineer IV $150 / hour
Associate Engineer III $140 / hour
Assistant Engineer II $130 / hour
Assistant Engineer I $115 / hour
Administrative III $150 / hour
Administrative II $125 / hour
Administrative I $105 / hour
Direct Costs
Mileage IRS Current Rate
In House Plotting (Mylar) $20.00 per D-size sheet
In House Plotting (Bond) $10.00 per D-size sheet
Other Direct Costs At Cost + 10% admin
01004.0006/389802.1 7/5/2017 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
D-1 Hourly rates, set forth in Exhibit "C-1", may be modified upon approval of the Contract Officer and/or Director of Public Works. Requests for cost or rate increases to the above may be made on an annual (fiscal year) basis, and shall be: (1) based on the April CPI-U (Consumer Price Index for All Urban Consumers) for Los Angeles-Long Beach-Anaheim, CA; (2) approved by the Contract Officer; (3) no more than 5% per year; and (4) shall be prorated for terms less than 12 months.
D-2 Specific work shall be implemented by means of Task Orders, issued in writing by the Contract Officer to the Contractor, including, but not limited to, a Not-to-Exceed fee for services rendered for each Task Order.
D-3 In the case of emergency work, Contractor shall be available to provide services within 48 hours, in response to issuance of a Task Order by the Contract Officer.
D-4 The Contractor shall provide a detailed schedule, in format approved by the Contract Officer, for each Task Order. No work shall be authorized unless the Contract Officer has first approved the schedule.
D-5 Contract shall commence on July 1, 2025.
01004.0006/389802.1 7/5/2017
AGREEMENT FOR
TRAFFIC SIGNAL INTERCONNECT SYSTEM /
TRAFFIC SIGNAL OPERATIONS SUPPORT AND
VARIOUS TRAFFIC ENGINEERING CONTRACT SERVICES
By and Between
CITY OF CYPRESS
and
Hartzog and Crabill, Inc.
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AGREEMENT FOR TRAFFIC SIGNAL INTERCONNECT SYSTEM / TRAFFIC
SIGNAL OPERATIONS SUPPORT AND VARIOUS TRAFFIC ENGINEERING
CONTRACT SERVICES BY AND BETWEEN THE CITY OF CYPRESS AND Hartzog and Crabill, Inc.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 20__ by and between the City of Cypress, a California municipal corporation (“City”) and Hartzog and Crabill, Inc. a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Cypress’s Charter and Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest 01004.0006/389802.1 7/5/2017
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professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Contractor’s Proposal.
The Scope of Service shall include the Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed (see Exhibit “C”) Dollars (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Director of Community Development or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
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4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by 01004.0006/389802.1 7/5/2017
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or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement.
During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
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All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of 01004.0006/389802.1 7/5/2017
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Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor 01004.0006/389802.1 7/5/2017
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agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents 01004.0006/389802.1 7/5/2017
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without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other 01004.0006/389802.1 7/5/2017
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appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 01004.0006/389802.1 7/5/2017
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7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Contractor. In addition, the Contractor may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action 01004.0006/389802.1 7/5/2017
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or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. 01004.0006/389802.1 7/5/2017
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Cypress, 5275 Orange Avenue, Cypress, California 90630 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 01004.0006/389802.1 7/5/2017
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.)
Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
01004.0006/389802.1 7/5/2017 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Cypress, a municipal corporation
_____________________________________
David Burke, Mayor
ATTEST:
____________________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Fred Galante, City Attorney
CONTRACTOR:
______________________________________
______________________________________
By:
___________________________________
Name:
Title:
By:
___________________________________
Name:
Title:
Address: ______________________________
______________________________
______________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasure 01004.0006/389802.1 7/5/2017
01004.0006/389802.1 7/5/2017 A-1
EXHIBIT “A”
SCOPE OF SERVICES
A-1 SPECIFIC Requirements for Scope of SERVICES
A-1.1 Consultant shall provide Professional design and engineering services for traffic signal interconnect system, traffic signal system integration, traffic signal operations and maintenance support, and various related Traffic Engineering Services on an On-Call, Task Order, Time and Material, Not-to-Exceed basis, to the City of Cypress, including the following:
The Contractor shall perform traffic signal timing modifications and traffic operations support on the City’s signalized intersections. The Contractor shall be thoroughly capable of troubleshooting Ethernet communication issues associated with the City’s fiber optic communication system that is used for communication with various traffic signals and CCTV system throughout the City. In addition, the Contractor shall be capable of performing various types of traffic engineering services including traffic signal warrant studies, pedestrian studies, radar speed studies and the preparation of design plans, estimates and specifications for the construction of various types of traffic control devices, and provide Staff Augmentation and related services for City of Cypress Public Works projects.
A-1.2 Prior to starting any work, Consultant shall submit a proposed, detailed Task Order scope of services, fee proposal, schedule, and over-all project estimate, to the Contract Officer for approval. No work shall begin until written approval by the Engineering Division.
A-1.3 Scope of Services and number of hours for each Task shall be upon mutual agreement by the City and the Consultant.
A-2 General Requirements for Scope of SERVICES
A-2.1 Invoices: The Consultant shall submit not more than one invoice a month and shall obtain a copy of the accounts payable schedule. The invoice will be in a format that is acceptable to Contract Officer and shall detail individual personnel who worked on the project, specific tasks performed, hours worked, billing rate, total costs, and previous billing history, percentage of work completed, percentage of dollars spent. The Consultant shall prepare invoices that show costs against each major milestone task. An updated schedule shall be provided with each submitted invoice.
The Consultant shall notify the Contract Officer when the cumulative compensation payable under any Task Order has reached 75% of the estimated not to exceed price. If at any time the Consultant has reason to believe that the total cost to the Authority for the performance of the Task Order will be greater or substantially less than the not to exceed estimate, the Consultant shall notify the City in writing to that effect and give its revised estimate of the total cost for the performance of the task Order. The notice shall state the estimated amount of additional funds required to continue performance for the remainder 01004.0006/389802.1 7/5/2017 A-2
of the Task Order. In no event is the Consultant authorized to exceed the Task Order “not to exceed price” without prior written approval from the City.
A-2.2 Computer Files: At the conclusion of each Task Order, or mutually agreed milestones, the Consultant shall supply the City with a digital and editable copy of all files that are included in the hard copy submittal. The Consultant shall use or transfer files into the following formats: Word Processing: Microsoft Word, Spreadsheets: Microsoft Excel, Google Docs Databases: Microsoft Access, GIS: ArcView, Drawings: AutoCAD. All final plans and digital files shall be submitted via an online fileshare method or submitted on a flash drive.
The City shall have the right to use, duplicate, modify or disclose the technical data and the information contained therein.
The Consultant agrees to provide any proprietary software or data used in conjunction with the project to the City, if requested, as long as the City pays for any additional licensing costs.
A-2.3 Key Personnel: The Consultant shall not reassign any personnel mentioned in the RFQ/Interview process unless under extraordinary circumstances. The Consultant shall secure the prior written approval of the City for any change or reassignment of the key personnel, submitting written documentation of the new individual’s qualification.
The Consultant’s project manager shall supervise and direct the services, and have overall responsibility for the services in accordance with the Consultant agreement and Scope of Work. The Consultant shall be solely responsible for implementation of all Consultants services, means, methods, techniques, sequences, and procedures and for coordination of all portions of the services.
All workers shall have sufficient skill and experience to perform the work assigned to them.
The City shall have the right, in its absolute discretion to require the removal of the Consultant’s personnel at any level assigned to the performance of the Services at no additional fee to the City, if the City considers such removal necessary and in its best interest and request such removal in writing. Further, an employee who is dismissed for any of the above reasons shall not be re-employed on this Contract.
A-2.4 UNAUTHORIZED WORK: Any services not required by the terms of the final scope of work or proposal that are performed without written authority from the Contract Officer, will be considered as unauthorized and at the sole expense of the Consultant.
Services so performed will not be paid for, and no extension in the period of performance shall be granted on account thereof.
A-2.5 AUDITS: The Consultant shall keep and maintain full and complete records and books of account of its costs and expenses relating to the performance of the Services, in accordance with generally accepted accounting practices. Such records and accounts shall 01004.0006/389802.1 7/5/2017 A-3
permit the Consultant to furnish the City, upon written notice, an accurate written allocation of the costs to the various elements of the Services, as may be required by the Authority.
Upon reasonable advance written notice, the City or its representatives shall have the right to examine, any books, records, accounts, and other documents of the Consultant directly pertaining to costs when such costs are the basis of a claim or of reimbursement to the Consultant hereunder. The City will make reasonable efforts to assure that any such representative is not a competitor of the Consultant to which the disclosure of such cost information would have a detrimental effect on the Consultant’s business. The City shall notify the Consultant with the identity of any representative and the Consultant will have the right to verify that the representative is not a competitor prior to the audit. The Consultant shall keep and preserve all such books, records, accounts, and other documents for a period of at least three years after completion of the Services and Final Payment or if this Contract is terminated in whole or in part after the final termination agreement.
A-2.6 CONSULTANT’S INTERACTION WITH MEDIA AND THE PUBLIC: The Consultant shall refer all inquiries from the news media to the City. If the Consultant receives a complaint from a citizen or the community, the Consultant shall inform the Contract Officer what action was taken to alleviate the situation.
A-2.7 SUB-CONSULTANTS/SUBCONSULTANT: The City reserves the right of prior approval of all sub-consultants and retains the right to request the Consultant to terminate any sub-consultant, for any reason deemed appropriate by the City, by so notifying the Consultant in writing. Should said notification be submitted to the Consultant, it shall terminate said sub-consultant immediately.
The City shall have no liability to any sub-consultant(s) for payment for services under this Contract or other work performed for Consultant. Any subcontract entered into by Consultant under the contract shall duly note that the responsibility for payment for the technical services or any other services performed shall be the sole responsibility of the Consultant.
A-2.8 Direct Expenses: It is expected that the Consultant has extensive knowledge and experience performing this type of work. The Consultant shall prepare a not to exceed budget for direct expenses and breakdown costs for services such as copying, blue prints, computer time, reproduction, delivery, and any other foreseeable expense not covered in the Consultant’s hourly rates. Therefore, the Consultant shall receive no additional compensation beyond that which is detailed in their budget. 01004.0006/389802.1 7/5/2017 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. DELETE subsection 1.1 and REPLACE with the following:
“1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those on-call services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. Consultant acknowledges and agrees that City has no obligation to utilize Consultant under this Agreement. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein.
Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.”
II. DELETE subsection 1.8 and REPLACE with the following:
“1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in a particular Task Order, as defined in Exhibit “A,” or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation up to the amount authorized by the City Council (“Task Order Contingency”); or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for 01004.0006/389802.1 7/5/2017 B-2
performance shall be valid unless the procedures established in this Section are followed.
II. DELETE subsection 2.1 and REPLACE with the following:
“2.1 Contract Sum. For on-call services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. For each Task Order, as defined in Exhibit “A,” Contractor shall provide a not-to-exceed Task Order amount as further described in Exhibit “A” (“Contract Sum”).”
III. DELETE subsection 3-4 and REPLACE with the following:
“3.4 Term & Extended Term. Unless earlier terminated in accordance with Section 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of such services as may be requested by City from time-to-time, but not exceeding three (3) calendar years from the date hereof, except as otherwise provided in the Schedule of Performance. The City shall have the right but not the obligation, in its sole and unfettered discretion, to extend the initial term of this Agreement a maximum of two (2) extended terms of one (1) year. In order to do so, City shall, not later than ninety (90) calendar days prior to the expiration of the initial term, give Contractor written notice, in the form and manner allowed by this Agreement, of its intention to extend the initial term of this Agreement for two (2) extended terms of one (1) additional calendar year, which extension shall be according to the terms and conditions of this Agreement, unless the same is modified by the parties hereto in writing signed by the party to be charged.”
“At the expiration of the term of this Agreement, if the City requires additional time for the Services to be performed, as confirmed by City to Contractor in writing, this Agreement shall be extended on a month-to-month basis. In such instance, in the absence of a written communication from City to Contractor to the contrary, the term of this Agreement shall be subject to termination upon thirty (30) days prior notice by either party. Such month-to-month extension shall not be deemed a renewal of the full term or an extension for any further term. City shall pay Contractor the applicable monthly Compensation or the pro-rata Compensation amount, and the month-to-month term shall be subject to every other term, covenant and condition in this Agreement that is consistent with and not contrary to a month-to-month term.”
IV. The title of Article 5 shall read as follows:
“INSURANCE, INDEMNIFICATION, AND BONDS”
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V. Section 5.1(d) shall be amended to read as follows:
“Professional Liability. Professional liability insurance in the amount not less than two million dollars ($2,000,000). This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.”
VI. Section 5.5 shall be added as follows:
“Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager.”
01004.0006/389802.1 7/5/2017 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor’s fee shall be negotiated, for each Task Order, on a Time and Material, Not-toExceed basis, in accordance with the hourly rate schedule, attached hereto as Exhibit “C1”.
II. All Task Orders must be performed within the budgetary limits established for each project, unless authorized otherwise, in advance in writing, by the Contract Officer and/or Director of Public Works.
III. All Task Orders shall be specified in writing, including, but not limited to, the Not-toExceed fee for services rendered.
IV. Requests for cost or rate increases to the above may be made on an annual (fiscal year) basis, and shall be: (1) based on the April CPI-U (Consumer Price Index for All Urban Consumers) for Los Angeles-Long Beach-Anaheim, CA; (2) approved by the Contract Officer; (3) no more than 5% per year; and (4) shall be prorated for terms less than 12 months.
V. An annual task order is authorized for up to the approved budgetary amount to start work upon execution of this contract and notice to proceed by the Contract Officer. The Contractor agrees not to seek any compensation from the City for any and all work performed and costs incurred in excess of the City’s approved budgetary amount. 01004.0006/389802.1 7/5/2017 C-2
EXHIBIT “C-1”
HOURLY RATE SCHEDULE
Effective July 1, 2025
Expert Witness / Deposition....................................................................................... $300 Litigation Consultation............................................................................................... $270 Two-Person Survey Crew........................................................................................... $270 Litigation Field Evaluation......................................................................................... $245 Principal Consultant..................................................................................………….. $190 Project Manager.......................................................................................................... $180 Registered Land Surveyor........................................................................................... $175 Senior Engineer..........................................................……………………………..... $165 Storm Water Permit Compliance Engineer................................................................. $165 Associate Engineer..........................................................…………………………… $160 Construction Manager................................................................................................. $150 Traffic Signal System Supervisor……………………................................................. $150 Mural Artist.................................................................................................................. $150 Senior Designer..........................................................……………………………….. $145 Traffic Signal Systems Specialist................................................................................. $140 Assistant Engineer........................................................................................................ $135 Draftsperson.................................................................................................................. $115 Technician..................................................................................................................... $100 Word Processor............................................................................................................. $ 85 Clerical.......................................................................................................................... $ 70 * Traffic Counts (Cost, plus 10%)................................................................................ $ * Note: Out of pocket expenses (blueprinting, reproduction, printing and delivery service) will be invoiced at Cost. These other direct costs are included in the not-to-exceed values for the aforementioned scope of services.
A 15% fee for administration, coordination and handling will be added to subcontracted services.
This Schedule of Hourly Rates is effective as of July 1, 2024. Rates may be adjusted after that date to compensate for increases of inflationary trends.
Mileage shall be per current IRS rate (rate can be found at the following link:
https://www.irs.gov/newsroom/irs-issues-standard-mileage-rates-for-2024-mileage-rate-increases-to-67-cents-a-mile-up-1-point5-cents-from-2023#:~:text=Beginning%20on%20Jan.%201%2C%202024,up%201.5%20cents%20from%202023. 01004.0006/389802.1 7/5/2017 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
D-1 Hourly rates, set forth in Exhibit "C-1", may be modified upon approval of the Contract Officer and/or Director of Public Works. Requests for cost or rate increases to the above may be made on an annual (fiscal year) basis, and shall be: (1) based on the April CPI-U (Consumer Price Index for All Urban Consumers) for Los Angeles-Long Beach-Anaheim, CA; (2) approved by the Contract Officer; (3) no more than 5% per year; and (4) shall be prorated for terms less than 12 months.
D-2 Specific work shall be implemented by means of Task Orders, issued in writing by the Contract Officer to the Contractor, including, but not limited to, a Not-to-Exceed fee for services rendered for each Task Order.
D-3 In the case of emergency work, Contractor shall be available to provide services within 48 hours, in response to issuance of a Task Order by the Contract Officer.
D-4 The Contractor shall provide a detailed schedule, in format approved by the Contract Officer, for each Task Order. No work shall be authorized unless the Contract Officer has first approved the schedule.
D-5 Contract shall commence on July 1, 2025.
01004.0006/389802.1 7/5/2017
AGREEMENT FOR
TRAFFIC SIGNAL INTERCONNECT SYSTEM /
TRAFFIC SIGNAL OPERATIONS SUPPORT AND
VARIOUS TRAFFIC ENGINEERING CONTRACT SERVICES
By and Between
CITY OF CYPRESS
and
Iteris
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AGREEMENT FOR TRAFFIC SIGNAL INTERCONNECT SYSTEM / TRAFFIC
SIGNAL OPERATIONS SUPPORT AND VARIOUS TRAFFIC ENGINEERING
CONTRACT SERVICES BY AND BETWEEN THE CITY OF CYPRESS AND Iteris
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 20__ by and between the City of Cypress, a California municipal corporation (“City”) and Iteris a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Cypress’s Charter and Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest 01004.0006/389802.1 7/5/2017
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professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Contractor’s Proposal.
The Scope of Service shall include the Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed (see Exhibit “C”) Dollars (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Director of Community Development or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
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4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by 01004.0006/389802.1 7/5/2017
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or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement.
During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
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All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of 01004.0006/389802.1 7/5/2017
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Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor 01004.0006/389802.1 7/5/2017
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agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents 01004.0006/389802.1 7/5/2017
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without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other 01004.0006/389802.1 7/5/2017
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appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 01004.0006/389802.1 7/5/2017
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7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Contractor. In addition, the Contractor may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action 01004.0006/389802.1 7/5/2017
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or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. 01004.0006/389802.1 7/5/2017
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Cypress, 5275 Orange Avenue, Cypress, California 90630 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 01004.0006/389802.1 7/5/2017
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.)
Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Cypress, a municipal corporation
_____________________________________
David Burke, Mayor
ATTEST:
____________________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Fred Galante, City Attorney
CONTRACTOR:
______________________________________
______________________________________
By:
___________________________________
Name:
Title:
By:
___________________________________
Name:
Title:
Address: ______________________________
______________________________
______________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasure 01004.0006/389802.1 7/5/2017 A-1
EXHIBIT “A”
SCOPE OF SERVICES
A-1 SPECIFIC Requirements for Scope of SERVICES
A-1.1 Consultant shall provide Professional design and engineering services for traffic signal interconnect system, traffic signal system integration, traffic signal operations and maintenance support, and various related Traffic Engineering Services on an On-Call, Task Order, Time and Material, Not-to-Exceed basis, to the City of Cypress, including the following:
The Contractor shall perform traffic signal timing modifications and traffic operations support on the City’s signalized intersections. The Contractor shall be thoroughly capable of troubleshooting Ethernet communication issues associated with the City’s fiber optic communication system that is used for communication with various traffic signals and CCTV system throughout the City. In addition, the Contractor shall be capable of performing various types of traffic engineering services including traffic signal warrant studies, pedestrian studies, radar speed studies and the preparation of design plans, estimates and specifications for the construction of various types of traffic control devices, and provide Staff Augmentation and related services for City of Cypress Public Works projects.
A-1.2 Prior to starting any work, Consultant shall submit a proposed, detailed Task Order scope of services, fee proposal, schedule, and over-all project estimate, to the Contract Officer for approval. No work shall begin until written approval by the Engineering Division.
A-1.3 Scope of Services and number of hours for each Task shall be upon mutual agreement by the City and the Consultant.
A-2 General Requirements for Scope of SERVICES
A-2.1 Invoices: The Consultant shall submit not more than one invoice a month and shall obtain a copy of the accounts payable schedule. The invoice will be in a format that is acceptable to Contract Officer and shall detail individual personnel who worked on the project, specific tasks performed, hours worked, billing rate, total costs, and previous billing history, percentage of work completed, percentage of dollars spent. The Consultant shall prepare invoices that show costs against each major milestone task. An updated schedule shall be provided with each submitted invoice.
The Consultant shall notify the Contract Officer when the cumulative compensation payable under any Task Order has reached 75% of the estimated not to exceed price. If at any time the Consultant has reason to believe that the total cost to the Authority for the performance of the Task Order will be greater or substantially less than the not to exceed estimate, the Consultant shall notify the City in writing to that effect and give its revised estimate of the total cost for the performance of the task Order. The notice shall state the estimated amount of additional funds required to continue performance for the remainder 01004.0006/389802.1 7/5/2017 A-2
of the Task Order. In no event is the Consultant authorized to exceed the Task Order “not to exceed price” without prior written approval from the City.
A-2.2 Computer Files: At the conclusion of each Task Order, or mutually agreed milestones, the Consultant shall supply the City with a digital and editable copy of all files that are included in the hard copy submittal. The Consultant shall use or transfer files into the following formats: Word Processing: Microsoft Word, Spreadsheets: Microsoft Excel, Google Docs Databases: Microsoft Access, GIS: ArcView, Drawings: AutoCAD. All final plans and digital files shall be submitted via an online fileshare method or submitted on a flash drive.
The City shall have the right to use, duplicate, modify or disclose the technical data and the information contained therein.
The Consultant agrees to provide any proprietary software or data used in conjunction with the project to the City, if requested, as long as the City pays for any additional licensing costs.
A-2.3 Key Personnel: The Consultant shall not reassign any personnel mentioned in the RFQ/Interview process unless under extraordinary circumstances. The Consultant shall secure the prior written approval of the City for any change or reassignment of the key personnel, submitting written documentation of the new individual’s qualification.
The Consultant’s project manager shall supervise and direct the services, and have overall responsibility for the services in accordance with the Consultant agreement and Scope of Work. The Consultant shall be solely responsible for implementation of all Consultants services, means, methods, techniques, sequences, and procedures and for coordination of all portions of the services.
All workers shall have sufficient skill and experience to perform the work assigned to them.
The City shall have the right, in its absolute discretion to require the removal of the Consultant’s personnel at any level assigned to the performance of the Services at no additional fee to the City, if the City considers such removal necessary and in its best interest and request such removal in writing. Further, an employee who is dismissed for any of the above reasons shall not be re-employed on this Contract.
A-2.4 UNAUTHORIZED WORK: Any services not required by the terms of the final scope of work or proposal that are performed without written authority from the Contract Officer, will be considered as unauthorized and at the sole expense of the Consultant.
Services so performed will not be paid for, and no extension in the period of performance shall be granted on account thereof.
A-2.5 AUDITS: The Consultant shall keep and maintain full and complete records and books of account of its costs and expenses relating to the performance of the Services, in accordance with generally accepted accounting practices. Such records and accounts shall 01004.0006/389802.1 7/5/2017 A-3
permit the Consultant to furnish the City, upon written notice, an accurate written allocation of the costs to the various elements of the Services, as may be required by the Authority.
Upon reasonable advance written notice, the City or its representatives shall have the right to examine, any books, records, accounts, and other documents of the Consultant directly pertaining to costs when such costs are the basis of a claim or of reimbursement to the Consultant hereunder. The City will make reasonable efforts to assure that any such representative is not a competitor of the Consultant to which the disclosure of such cost information would have a detrimental effect on the Consultant’s business. The City shall notify the Consultant with the identity of any representative and the Consultant will have the right to verify that the representative is not a competitor prior to the audit. The Consultant shall keep and preserve all such books, records, accounts, and other documents for a period of at least three years after completion of the Services and Final Payment or if this Contract is terminated in whole or in part after the final termination agreement.
A-2.6 CONSULTANT’S INTERACTION WITH MEDIA AND THE PUBLIC: The Consultant shall refer all inquiries from the news media to the City. If the Consultant receives a complaint from a citizen or the community, the Consultant shall inform the Contract Officer what action was taken to alleviate the situation.
A-2.7 SUB-CONSULTANTS/SUBCONSULTANT: The City reserves the right of prior approval of all sub-consultants and retains the right to request the Consultant to terminate any sub-consultant, for any reason deemed appropriate by the City, by so notifying the Consultant in writing. Should said notification be submitted to the Consultant, it shall terminate said sub-consultant immediately.
The City shall have no liability to any sub-consultant(s) for payment for services under this Contract or other work performed for Consultant. Any subcontract entered into by Consultant under the contract shall duly note that the responsibility for payment for the technical services or any other services performed shall be the sole responsibility of the Consultant.
A-2.8 Direct Expenses: It is expected that the Consultant has extensive knowledge and experience performing this type of work. The Consultant shall prepare a not to exceed budget for direct expenses and breakdown costs for services such as copying, blue prints, computer time, reproduction, delivery, and any other foreseeable expense not covered in the Consultant’s hourly rates. Therefore, the Consultant shall receive no additional compensation beyond that which is detailed in their budget. 01004.0006/389802.1 7/5/2017 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. DELETE subsection 1.1 and REPLACE with the following:
“1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those on-call services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. Consultant acknowledges and agrees that City has no obligation to utilize Consultant under this Agreement. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein.
Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.”
II. DELETE subsection 1.8 and REPLACE with the following:
“1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in a particular Task Order, as defined in Exhibit “A,” or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation up to the amount authorized by the City Council (“Task Order Contingency”); or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for 01004.0006/389802.1 7/5/2017 B-2
performance shall be valid unless the procedures established in this Section are followed.
II. DELETE subsection 2.1 and REPLACE with the following:
“2.1 Contract Sum. For on-call services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. For each Task Order, as defined in Exhibit “A,” Contractor shall provide a not-to-exceed Task Order amount as further described in Exhibit “A” (“Contract Sum”).”
III. DELETE subsection 3-4 and REPLACE with the following:
“3.4 Term & Extended Term. Unless earlier terminated in accordance with Section 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of such services as may be requested by City from time-to-time, but not exceeding three (3) calendar years from the date hereof, except as otherwise provided in the Schedule of Performance. The City shall have the right but not the obligation, in its sole and unfettered discretion, to extend the initial term of this Agreement a maximum of one (1) extended term of two (2) years. In order to do so, City shall, not later than ninety (90) calendar days prior to the expiration of the initial term, give Contractor written notice, in the form and manner allowed by this Agreement, of its intention to extend the initial term of this Agreement for one (1) extended term of two (2) additional calendar years, which extension shall be according to the terms and conditions of this Agreement, unless the same is modified by the parties hereto in writing signed by the party to be charged.”
“At the expiration of the term of this Agreement, if the City requires additional time for the Services to be performed, as confirmed by City to Contractor in writing, this Agreement shall be extended on a month-to-month basis. In such instance, in the absence of a written communication from City to Contractor to the contrary, the term of this Agreement shall be subject to termination upon thirty (30) days prior notice by either party. Such month-to-month extension shall not be deemed a renewal of the full term or an extension for any further term. City shall pay Contractor the applicable monthly Compensation or the pro-rata Compensation amount, and the month-to-month term shall be subject to every other term, covenant and condition in this Agreement that is consistent with and not contrary to a month-to-month term.”
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IV. The title of Article 5 shall read as follows:
“INSURANCE, INDEMNIFICATION, AND BONDS”
V. Section 5.1(d) shall be amended to read as follows:
“Professional Liability. Professional liability insurance in the amount not less than two million dollars ($2,000,000). This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.”
VI. Section 5.5 shall be added as follows:
“Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager.”
01004.0006/389802.1 7/5/2017 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor’s fee shall be negotiated, for each Task Order, on a Time and Material, Not-toExceed basis, in accordance with the hourly rate schedule, attached hereto as Exhibit “C1”.
II. All Task Orders must be performed within the budgetary limits established for each project, unless authorized otherwise, in advance in writing, by the Contract Officer and/or Director of Public Works.
III. All Task Orders shall be specified in writing, including, but not limited to, the Not-toExceed fee for services rendered.
IV. Requests for cost or rate increases to the above may be made on an annual (fiscal year) basis, and shall be: (1) based on the April CPI-U (Consumer Price Index for All Urban Consumers) for Los Angeles-Long Beach-Anaheim, CA; (2) approved by the Contract Officer; (3) no more than 5% per year; and (4) shall be prorated for terms less than 12 months.
V. An annual task order is authorized for up to the approved budgetary amount to start work upon execution of this contract and notice to proceed by the Contract Officer. The Contractor agrees not to seek any compensation from the City for any and all work performed and costs incurred in excess of the City’s approved budgetary amount. 01004.0006/389802.1 7/5/2017 C-2
EXHIBIT “C-1”
HOURLY RATE SCHEDULE
ITERIS STANDARD BILLING RATES
Rates effective July 1st., 2025 through June, 2026
CLASSIFICATION
BILLING RATE
Min Max
Support Staff I $109 $132
Support Staff II $179 $251
Assistant Engineer/Planner $125 $137
Associate Engineer/Planner $139 $176
Engineer/Planner $145 $200
Senior Engineer/Planner/Manager I $188 $221
Senior Engineer/Planner/Manager II $236 $258
Lead Engineer/Senior Manager $251 $300
Associate Vice President/Principal/Director $277 $330
Vice President/Chief Scientist $359 $431
Standard Terms and Conditions
• Billing Rates effective through 6/30/2026.
• Rates are subject to annual adjustments.
• Task Orders will utilize individual staff rates at the time of Letter Proposal submission, NTE Max Billing Rates.
• Subconsultant, Subcontractor, equipment, or other direct expenses to be billed at cost, unless otherwise negotiated.
• All mileage rates will be based upon current IRS standard rates. 01004.0006/389802.1 7/5/2017 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
D-1 Hourly rates, set forth in Exhibit "C-1", may be modified upon approval of the Contract Officer and/or Director of Public Works. Requests for cost or rate increases to the above may be made on an annual (fiscal year) basis, and shall be: (1) based on the April CPI-U (Consumer Price Index for All Urban Consumers) for Los Angeles-Long Beach-Anaheim, CA; (2) approved by the Contract Officer; (3) no more than 5% per year; and (4) shall be prorated for terms less than 12 months.
D-2 Specific work shall be implemented by means of Task Orders, issued in writing by the Contract Officer to the Contractor, including, but not limited to, a Not-to-Exceed fee for services rendered for each Task Order.
D-3 In the case of emergency work, Contractor shall be available to provide services within 48 hours, in response to issuance of a Task Order by the Contract Officer.
D-4 The Contractor shall provide a detailed schedule, in format approved by the Contract Officer, for each Task Order. No work shall be authorized unless the Contract Officer has first approved the schedule.
D-5 Contract shall commence on July 1, 2025.
01004.0006/389802.1 7/5/2017
AGREEMENT FOR
TRAFFIC SIGNAL INTERCONNECT SYSTEM /
TRAFFIC SIGNAL OPERATIONS SUPPORT AND
VARIOUS TRAFFIC ENGINEERING CONTRACT SERVICES
By and Between
CITY OF CYPRESS
and
Linscott, Law & Greenspan, Engineers (LLG)
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AGREEMENT FOR TRAFFIC SIGNAL INTERCONNECT SYSTEM / TRAFFIC
SIGNAL OPERATIONS SUPPORT AND VARIOUS TRAFFIC ENGINEERING
CONTRACT SERVICES BY AND BETWEEN THE CITY OF CYPRESS AND Linscott, Law & Greenspan, Engineers (LLG)
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 20__ by and between the City of Cypress, a California municipal corporation (“City”) and Linscott, Law & Greenspan, Engineers (LLG) a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Cypress’s Charter and Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest 01004.0006/389802.1 7/5/2017
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professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Contractor’s Proposal.
The Scope of Service shall include the Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed (see Exhibit “C”) Dollars (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Director of Community Development or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
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4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by 01004.0006/389802.1 7/5/2017
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or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement.
During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
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All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of 01004.0006/389802.1 7/5/2017
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Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor 01004.0006/389802.1 7/5/2017
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agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents 01004.0006/389802.1 7/5/2017
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without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other 01004.0006/389802.1 7/5/2017
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appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 01004.0006/389802.1 7/5/2017
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7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Contractor. In addition, the Contractor may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action 01004.0006/389802.1 7/5/2017
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or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. 01004.0006/389802.1 7/5/2017
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Cypress, 5275 Orange Avenue, Cypress, California 90630 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 01004.0006/389802.1 7/5/2017
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.)
Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Cypress, a municipal corporation
_____________________________________
David Burke, Mayor
ATTEST:
____________________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Fred Galante, City Attorney
CONTRACTOR:
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By:
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Name:
Title:
By:
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Name:
Title:
Address: ______________________________
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______________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasure 01004.0006/389802.1 7/5/2017
01004.0006/389802.1 7/5/2017 A-1
EXHIBIT “A”
SCOPE OF SERVICES
A-1 SPECIFIC Requirements for Scope of SERVICES
A-1.1 Consultant shall provide Professional design and engineering services for traffic signal interconnect system, traffic signal system integration, traffic signal operations and maintenance support, and various related Traffic Engineering Services on an On-Call, Task Order, Time and Material, Not-to-Exceed basis, to the City of Cypress, including the following:
The Contractor shall perform traffic signal timing modifications and traffic operations support on the City’s signalized intersections. The Contractor shall be thoroughly capable of troubleshooting Ethernet communication issues associated with the City’s fiber optic communication system that is used for communication with various traffic signals and CCTV system throughout the City. In addition, the Contractor shall be capable of performing various types of traffic engineering services including traffic signal warrant studies, pedestrian studies, radar speed studies and the preparation of design plans, estimates and specifications for the construction of various types of traffic control devices, and provide Staff Augmentation and related services for City of Cypress Public Works projects.
A-1.2 Prior to starting any work, Consultant shall submit a proposed, detailed Task Order scope of services, fee proposal, schedule, and over-all project estimate, to the Contract Officer for approval. No work shall begin until written approval by the Engineering Division.
A-1.3 Scope of Services and number of hours for each Task shall be upon mutual agreement by the City and the Consultant.
A-2 General Requirements for Scope of SERVICES
A-2.1 Invoices: The Consultant shall submit not more than one invoice a month and shall obtain a copy of the accounts payable schedule. The invoice will be in a format that is acceptable to Contract Officer and shall detail individual personnel who worked on the project, specific tasks performed, hours worked, billing rate, total costs, and previous billing history, percentage of work completed, percentage of dollars spent. The Consultant shall prepare invoices that show costs against each major milestone task. An updated schedule shall be provided with each submitted invoice.
The Consultant shall notify the Contract Officer when the cumulative compensation payable under any Task Order has reached 75% of the estimated not to exceed price. If at any time the Consultant has reason to believe that the total cost to the Authority for the performance of the Task Order will be greater or substantially less than the not to exceed estimate, the Consultant shall notify the City in writing to that effect and give its revised estimate of the total cost for the performance of the task Order. The notice shall state the estimated amount of additional funds required to continue performance for the remainder 01004.0006/389802.1 7/5/2017 A-2
of the Task Order. In no event is the Consultant authorized to exceed the Task Order “not to exceed price” without prior written approval from the City.
A-2.2 Computer Files: At the conclusion of each Task Order, or mutually agreed milestones, the Consultant shall supply the City with a digital and editable copy of all files that are included in the hard copy submittal. The Consultant shall use or transfer files into the following formats: Word Processing: Microsoft Word, Spreadsheets: Microsoft Excel, Google Docs Databases: Microsoft Access, GIS: ArcView, Drawings: AutoCAD. All final plans and digital files shall be submitted via an online fileshare method or submitted on a flash drive.
The City shall have the right to use, duplicate, modify or disclose the technical data and the information contained therein.
The Consultant agrees to provide any proprietary software or data used in conjunction with the project to the City, if requested, as long as the City pays for any additional licensing costs.
A-2.3 Key Personnel: The Consultant shall not reassign any personnel mentioned in the RFQ/Interview process unless under extraordinary circumstances. The Consultant shall secure the prior written approval of the City for any change or reassignment of the key personnel, submitting written documentation of the new individual’s qualification.
The Consultant’s project manager shall supervise and direct the services, and have overall responsibility for the services in accordance with the Consultant agreement and Scope of Work. The Consultant shall be solely responsible for implementation of all Consultants services, means, methods, techniques, sequences, and procedures and for coordination of all portions of the services.
All workers shall have sufficient skill and experience to perform the work assigned to them.
The City shall have the right, in its absolute discretion to require the removal of the Consultant’s personnel at any level assigned to the performance of the Services at no additional fee to the City, if the City considers such removal necessary and in its best interest and request such removal in writing. Further, an employee who is dismissed for any of the above reasons shall not be re-employed on this Contract.
A-2.4 UNAUTHORIZED WORK: Any services not required by the terms of the final scope of work or proposal that are performed without written authority from the Contract Officer, will be considered as unauthorized and at the sole expense of the Consultant.
Services so performed will not be paid for, and no extension in the period of performance shall be granted on account thereof.
A-2.5 AUDITS: The Consultant shall keep and maintain full and complete records and books of account of its costs and expenses relating to the performance of the Services, in accordance with generally accepted accounting practices. Such records and accounts shall 01004.0006/389802.1 7/5/2017 A-3
permit the Consultant to furnish the City, upon written notice, an accurate written allocation of the costs to the various elements of the Services, as may be required by the Authority.
Upon reasonable advance written notice, the City or its representatives shall have the right to examine, any books, records, accounts, and other documents of the Consultant directly pertaining to costs when such costs are the basis of a claim or of reimbursement to the Consultant hereunder. The City will make reasonable efforts to assure that any such representative is not a competitor of the Consultant to which the disclosure of such cost information would have a detrimental effect on the Consultant’s business. The City shall notify the Consultant with the identity of any representative and the Consultant will have the right to verify that the representative is not a competitor prior to the audit. The Consultant shall keep and preserve all such books, records, accounts, and other documents for a period of at least three years after completion of the Services and Final Payment or if this Contract is terminated in whole or in part after the final termination agreement.
A-2.6 CONSULTANT’S INTERACTION WITH MEDIA AND THE PUBLIC: The Consultant shall refer all inquiries from the news media to the City. If the Consultant receives a complaint from a citizen or the community, the Consultant shall inform the Contract Officer what action was taken to alleviate the situation.
A-2.7 SUB-CONSULTANTS/SUBCONSULTANT: The City reserves the right of prior approval of all sub-consultants and retains the right to request the Consultant to terminate any sub-consultant, for any reason deemed appropriate by the City, by so notifying the Consultant in writing. Should said notification be submitted to the Consultant, it shall terminate said sub-consultant immediately.
The City shall have no liability to any sub-consultant(s) for payment for services under this Contract or other work performed for Consultant. Any subcontract entered into by Consultant under the contract shall duly note that the responsibility for payment for the technical services or any other services performed shall be the sole responsibility of the Consultant.
A-2.8 Direct Expenses: It is expected that the Consultant has extensive knowledge and experience performing this type of work. The Consultant shall prepare a not to exceed budget for direct expenses and breakdown costs for services such as copying, blue prints, computer time, reproduction, delivery, and any other foreseeable expense not covered in the Consultant’s hourly rates. Therefore, the Consultant shall receive no additional compensation beyond that which is detailed in their budget. 01004.0006/389802.1 7/5/2017 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. DELETE subsection 1.1 and REPLACE with the following:
“1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those on-call services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. Consultant acknowledges and agrees that City has no obligation to utilize Consultant under this Agreement. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein.
Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.”
II. DELETE subsection 1.8 and REPLACE with the following:
“1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in a particular Task Order, as defined in Exhibit “A,” or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation up to the amount authorized by the City Council (“Task Order Contingency”); or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for 01004.0006/389802.1 7/5/2017 B-2
performance shall be valid unless the procedures established in this Section are followed.
II. DELETE subsection 2.1 and REPLACE with the following:
“2.1 Contract Sum. For on-call services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. For each Task Order, as defined in Exhibit “A,” Contractor shall provide a not-to-exceed Task Order amount as further described in Exhibit “A” (“Contract Sum”).”
III. DELETE subsection 3-4 and REPLACE with the following:
“3.4 Term & Extended Term. Unless earlier terminated in accordance with Section 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of such services as may be requested by City from time-to-time, but not exceeding three (3) calendar years from the date hereof, except as otherwise provided in the Schedule of Performance. The City shall have the right but not the obligation, in its sole and unfettered discretion, to extend the initial term of this Agreement a maximum of one (1) extended term of two (2) years. In order to do so, City shall, not later than ninety (90) calendar days prior to the expiration of the initial term, give Contractor written notice, in the form and manner allowed by this Agreement, of its intention to extend the initial term of this Agreement for one (1) extended term of two (2) additional calendar years, which extension shall be according to the terms and conditions of this Agreement, unless the same is modified by the parties hereto in writing signed by the party to be charged.”
“At the expiration of the term of this Agreement, if the City requires additional time for the Services to be performed, as confirmed by City to Contractor in writing, this Agreement shall be extended on a month-to-month basis. In such instance, in the absence of a written communication from City to Contractor to the contrary, the term of this Agreement shall be subject to termination upon thirty (30) days prior notice by either party. Such month-to-month extension shall not be deemed a renewal of the full term or an extension for any further term. City shall pay Contractor the applicable monthly Compensation or the pro-rata Compensation amount, and the month-to-month term shall be subject to every other term, covenant and condition in this Agreement that is consistent with and not contrary to a month-to-month term.”
01004.0006/389802.1 7/5/2017 B-3
IV. The title of Article 5 shall read as follows:
“INSURANCE, INDEMNIFICATION, AND BONDS”
V. Section 5.1(d) shall be amended to read as follows:
“Professional Liability. Professional liability insurance in the amount not less than two million dollars ($2,000,000). This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.”
VI. Section 5.5 shall be added as follows:
“Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager.”
01004.0006/389802.1 7/5/2017 D-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor’s fee shall be negotiated, for each Task Order, on a Time and Material, Not-toExceed basis, in accordance with the hourly rate schedule, attached hereto as Exhibit “C1”.
II. All Task Orders must be performed within the budgetary limits established for each project, unless authorized otherwise, in advance in writing, by the Contract Officer and/or Director of Public Works.
III. All Task Orders shall be specified in writing, including, but not limited to, the Not-toExceed fee for services rendered.
IV. Requests for cost or rate increases to the above may be made on an annual (fiscal year) basis, and shall be: (1) based on the April CPI-U (Consumer Price Index for All Urban Consumers) for Los Angeles-Long Beach-Anaheim, CA; (2) approved by the Contract Officer; (3) no more than 5% per year; and (4) shall be prorated for terms less than 12 months.
V. An annual task order is authorized for up to the approved budgetary amount to start work upon execution of this contract and notice to proceed by the Contract Officer. The Contractor agrees not to seek any compensation from the City for any and all work performed and costs incurred in excess of the City’s approved budgetary amount.
EXHIBIT “C-1”
01004.0006/389802.1 7/5/2017 D-2
HOURLY RATE SCHEDULE
Effective January 1, 2025
TITLE
Principals
PER HOUR
Principal/Contract Transportation Engineer ........................................................ $ 230.00 Transportation Engineers
Senior Transportation Engineer ........................................................................... $ 192.00 Transportation Engineer III ................................................................................. $ 170.00 Transportation Engineer II ................................................................................... $ 145.00 Transportation Engineer I .................................................................................... $ 125.00 Transportation Planners
Senior Transportation Planner ............................................................................. $ 170.00 Transportation Planner III .................................................................................... $ 145.00 Transportation Planner II ..................................................................................... $ 124.00 Transportation Planner I ...................................................................................... $ 110.00 Signal System Specialist
Senior Signal System Specialist ............................................................................ $ 192.00 Signal System Specialist III ................................................................................ $ 170.00 Signal System Specialist II ................................................................................. $ 145.00 Signal System Specialist I ................................................................................... $ 125.00 Technical Support
Senior Transportation Analyst ............................................................................ $ 145.00 Engineering Associate II ..................................................................................... $ 123.00 Engineering Associate I ....................................................................................... $ 119.00 Engineering Computer Analyst II ........................................................................ $ 117.00 Engineering Computer Analyst I ......................................................................... $ 93.00 Senior CADD Drafter ......................................................................................... $ 119.00 CADD Drafter III ................................................................................................ $ 111.00 CADD Drafter II ................................................................................................. $ 98.00 CADD Drafter I .................................................................................................. $ 83.00 Senior Engineering Technician ............................................................................ $ 119.00 Engineering Technician II ................................................................................... $ 111.00 Engineering Technician I ..................................................................................... $ 84.00 Word Processor/Secretary ................................................................................... $ 78.00 Engineering Aide I .............................................................................................. $ 60.00 This Fee Schedule reflects a 15% reduction in LLG normal billing rates. Consultation in connection with Court appearance will be quoted separately.
The City of Cypress will be billed monthly based on the number of expanded hours 01004.0006/389802.1 7/5/2017 D-3
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
D-1 Hourly rates, set forth in Exhibit "C-1", may be modified upon approval of the Contract Officer and/or Director of Public Works. Requests for cost or rate increases to the above may be made on an annual (fiscal year) basis, and shall be: (1) based on the April CPI-U (Consumer Price Index for All Urban Consumers) for Los Angeles-Long Beach-Anaheim, CA; (2) approved by the Contract Officer; (3) no more than 5% per year; and (4) shall be prorated for terms less than 12 months.
D-2 Specific work shall be implemented by means of Task Orders, issued in writing by the Contract Officer to the Contractor, including, but not limited to, a Not-to-Exceed fee for services rendered for each Task Order.
D-3 In the case of emergency work, Contractor shall be available to provide services within 48 hours, in response to issuance of a Task Order by the Contract Officer.
D-4 The Contractor shall provide a detailed schedule, in format approved by the Contract Officer, for each Task Order. No work shall be authorized unless the Contract Officer has first approved the schedule.
D-5 Contract shall commence on July 1, 2025.
June 6, 2024
Mr. Nick Mangkalakiri
City Engineer
City of Cypress, Public Works Department
5275 Orange Avenue
Cypress, California 90630-2957
LLG: P1-25-0078-1
Subject: Proposal to Provide Contract Traffic Engineering Services City of Cypress
Dear Mr. Mangkalakiri:
Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this proposal to provide a contract Traffic Engineer and various as-needed traffic engineering services for the period beginning July 1, 2025 to June 30, 2026. The “Scope of Services” and estimated not-to-exceed fees by work category as outlined below are based on our understanding of the services required as refined through consultation with City staff.
SCOPE OF SERVICES
Contract Traffic Engineer
It shall be the general duty of the contract Traffic Engineer to determine the necessity for installation, proper operation and maintenance of traffic and parking control devices and traffic signals, to conduct engineering analyses of traffic collisions and to devise remedial measures, to conduct engineering and traffic investigations of traffic conditions and to cooperate with other City staff and officials in the development of ways and means to improve traffic and parking operations, right-of-way conditions, and safety. The contract Traffic Engineer is to carry out the direction and duties outlined here within, as directed by the City Engineer, and imposed by ordinances of the City. The contract Traffic Engineer is also to be staff the City’s Traffic Commission and carry out such duties as required to present, document, and implement traffic and parking controls and programs approved by the Commission.
The contract Traffic Engineer can delegate various traffic engineering tasks and duties to other LLG staff that have greater expertise or experience in completing such work or who can perform such work quicker or more cost effectively. The contract Traffic Engineer; however, will remain responsible for overseeing and approving all such delegated work conducted by other LLG staff under contract to the City.
Mr. Nick Mangkalakiri
June 9, 2025