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Ochoa's Custom Construction Inc • • C)13h1'-' CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT made and entered this tOday of , 2014, THIS AGREEMENT ("Agreement") is by and between the CITY OF RANCHO PALOS VERDES, a California munice p Icorporation ("City") and Datonk cAmkA ("Contractor"). Contractor's license number is CO Mff12/tt.kX1-01 t`C In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: shall perform the work and provide all labor, materials, 1. Scope of Services. Contractor equipment and services in a good and workmanlike manner for the project identified as �r-c��2.o � TS ("Project"), as described in this G'��� Bt &-. ���°Nt sled Bids, the Agreement and in the Bid Documents (including the Notice Inviting Se Proposal, the General Provisions, the Special Provisions, the Instructions to Bidders, the Technical Provisions, opening all addenda as prepared prior to the date of bid p g settin g which are attached hereto of any said documents), forth any modifications or interpretations as Exhibit "A" and incorporated herein by this reference, including miscellaneous shall beperformed in accordance with the latest edition of the appurtenant work. All work as the Specifications for Public Works Construction Standard (commonly knownmul "Greenbook"), including supplements, prepared and promulgated by the Southern the American Public Works Association and Chapter of the Associated General h Contractors of California (collectively "Standard Specifications"), which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. when ordered in writing by the Director of Public Works and 2. Extra Work. Extra work, accepted bythe Contractor, shall be paid for under written work order in accordance with provided. Payment for extra work will be made at the unit price or lump the terms therein y sum previously agreed upon in writing between the Contractor and the Director of Public Works. All extra work � shall be adjusted daily upon report sheet furnished by the Contractor, prepared by re ared the Director of Public Works, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 4. Time. Time is of the essence in this Agreement. Citynor Contractor shall be responsible for delays in 5. Force Majeure. Neither the performance under this Agreement due to causes beyond its control, including but not of the public enemy, acts of the Government, fires, floods or limited to acts of God, acts e idemics, earthquakes, labor stoppages or slowdowns, freight g embargoes, oes, other casualty, p unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to Section. Eachparty shall notify the other promptly in writing excuse delay pursuant to this . request delay, its cause and its expected delay, and shall uponq of each such excusable update such notice. C-1 • 0 6. Compensation. In consideration of the services rendered here nder City shall pay Contractor a not to exceed amount of0 ) in accordance with the prices as submitt d in Contractor's Proposal, attache hereto as Exhibit "B" and incorporated herein by this reference. 7. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However, progress payments shall not be made in excess of ninety-five percent (95%) of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold not less than five percent (5%) of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent (50%) of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual work completed. 8. Substitute Security. a. At the written request and expense of Contractor, securities equivalent to any moneys withheld by the City to ensure performance under this Agreement shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to Contractor. b. Alternatively, Contractor may request that the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same termsp rovided for securities deposited by Contractor. Upon satisfactory completion of the Agreement, Contractor shall receive from the escrow agent all securities, interest, andPaY ments received by the escrow agent from the City, pursuant to the terms of this Section. c. Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest- bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City mutually agree in writing. Contractor shall be the beneficial owner of anysecurities substituted for moneys withheld and shall receive any interest thereon. d. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent (5%) of Contractor's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. Further C-2 ato details are provided in Public Contract Code Section 22300(d), which is mandatory incorporated herein by this reference. e. The escrow agreement for security deposits in lieu of retention shall be substantially provided to the form in Public Contract Code Section 22300(f), which is incorporated herein by this reference. Contractor shall calculate payment for all sales, unemployment, old age pension 9. Taxes. and other imposedby h r taxes local, State of California and federal law. These payments are included in the total amounts in Exhibit "B." p 10. Audit. The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City ' ' precedent to anypayment to Contractor. Contractor will promptly furnish as a condition P Y documents requested City.bythe Cit . Additionally, Contractor shall be subject to State Auditor q examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement. 11. Unresolved p Dis utes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ, involve hazardous waste, or cause a g g decrease or increase in Contractor's cost of or time required for performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for the Agreement, but shall proceed with all work to be performed under the Agreement. by g disputes Contractor shall retain any and all rights provided that pertain to the resolution of dis P and protests between the parties. In the event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, proceed with the performance of the work in dispute. This includes disputed time but shall extensionrequestsprices and for changes. The disputed work will be categorized as an agreement dispute" and payment, if any, shall be as later determined by mutual or a court of law. Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City") shall govern of the claim rocess, and these provisions are incorporated herein by this the proceduresP reference. 12. Termination. This Agreement may be canceled by the City at any time with or without cause upon thirtydays'written notice. In the event of termination without fault without penalty p pay of Contractor, Cityshall a Contractor for all services satisfactorily rendered prior to date of termination as City,determinedbythe Cit , and such payment shall be in full satisfaction of all services rendered hereunder. 13. Indemnity. a. Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, successors, assigns, and those City agents serving g as independent contractors in the role of City officials (collectively "Indemnitees") from and against anyand all claims (including, without limitation, claims for bodily injury, death org property),damage to demands, obligations, damages, actions,causes of action, proceedings, suits, losses, bid protests, stop notices, judgments, fines • , liens, penalties, liabilities, costs and expenses of every kind and nature C-3 0 0 whatsoever, in any manner arising out of or incident to any act, failure to act, error or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arisingout of the Agreement, including without limitation, the payment of all consequential damages, attorneys'fees, experts'fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). Further, Contractor shall appoint competent defense counsel approved by the City Attorney at Contractor's own cost, expense and risk, to defend any and all such Claims that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such Claim.im. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred byeach of them in connection therewith or in enforcing the indemnity hereinp rovided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity a I to all Claims regardless of whether any insurance policies are applicable. shallapply g b. Bid Protests. In addition to its obligations pursuant to Section 13(a), Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. c. Civil Code Exception. Nothing in Section 13(a) shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code section 2782(a) or the City's active Y g g negligence to the limited extent that the underlying Agreement is subject to Civil Code section 2782(b). d. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they maypossess against Contractor because the acceptance by City, or the deposit g with City, any insurance policy or certificate required pursuant to this Agreement. Y This indemnity provision is effective regardless of any prior, concurrent, or active or passive negligence by Indemnitees and shall operate to fully subsequent indemnify Indemnitees against any such negligence. e. WaiverRightSubrogation.of of Subro ation. Contractor, on behalf of itself and all parties claiming under orhereby through it, waives all rights of subrogation and contribution against the Indemnitees, while actingwithin the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor prior,regardlessof any concurrent or subsequent active or passive negligence by Indemnitees. provisions of this Section 13 shall survive the termination of this f. Survival. The Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitees right ht to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. All of the following documents are attached hereto and 14. Incorporation by Reference. for herein bythis reference: City of Rancho Palos Verdes Instructions incorporated Insurance Requirements for the City of Rancho Palos Verdes Execution of Instruments; q nce� Additional Insured Public Works Contract; Workers' Compensation Certificate of Insura C-4 . o Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 15. Antitrust Claims. In enteringinto this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton (15 ec.U.S.C. S 15) or under the Cartwright Act (Chapter Actand with Section 16700) of Part 2 of Division 7 of the California Business(commencing Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment assi nment shall be made and become effective at the time the City tenders finalY a ment to Contractor without further acknowledgment by the parties. P 16. Trenching and Excavations. If the project involves trenching more than four (4)feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City p Y writingof any: material that Contractor believes may be material that is hazardous waste, in as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; subsurface or latent physical conditions at the site differing from those indicated; or unknown physical sical conditions at the site of any unusual nature, different I from those ordinarilyencountered and generally recognized as inherent in work materially of the character provided for in the Agreement. The City shall promptly investigate the conditions, and if the Cityfinds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor's cost of or the time required for performance of any part of the work, the City shall issue a change order. q ' ' ' The Cityacknowledges its responsibilities under Government Code section 4215 17. Utilities. g and incorporates that section herein by this reference. 18. Location of ExistingElements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracyof information furnished, as to existing conditions, is not City.bythe Cit . Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements,which may include,without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. Contractor is and shall at all times remain, as to the City, a wholly 19. Independent Contractor. indep independent contractor. Neither the City nor any of its agents shall have control over the or anyof the Contractor's employees, except as herein set forth, and conduct of Contractor • ' Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur anydebt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise e act on behalf of the City as an agent. Contractor shall not, at any time represent that it or anyof its agents, servants or employees, are in any or in any manner, all required taxes servants or employeesq manner agents, of City. Contractor agrees to pay al Contractor under this Agreement, and to indemnify and hold the City on amounts paid to g harmless from any against the and all taxes, assessments, penalties, and interest asserted independent contractor relationship created by this Agreement. City by reason of the P Contractor shall fullycomply with the workers' compensation law regarding Contractor and itsContractor further agrees to indemnify and hold the City harmless from any employees. g failure of Contractor to comply with applicable workers' compensation laws. The City shall C-5 the amount of anycompensation due to Contractor under have the right to offset against of its failure to this Agreement any amount due to the City from Contractor as a result reimbursement or indemnification arising under this Section. promptly pay to the City any acknowledge that this project is a public work to 20. Prevailing Wages. City and Contractorg � Labor Law • • • apply. The Agreement to Comply with California which prevailing wagesnc p ' or orated herein by this reference. Eight hours of Requirements is attached hereto and e labor constitutes a legal day's work. 21. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every the payment of compensation to its employees. In contractor will be required to secure p Y accordance with theprovisions rovisions of California Labor Code Section 1861, the Contractor hereby certifies as follows: of Section 3700 of I am aware of the provisionsthe Labor Code which require every employer to er to be insured against liability for workers' compensation or to under take self-insurance in accordance withprovisions the of that code, and I will comply with such provisions before commencing the performance of the work of this contract." adhere to all provisions 22. Subcontracting. Contractor shallof the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by this reference. t. Contractor shall not unlawfully discriminate against any 23. Nondiscriminatory Employment. individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or • • understands and agrees that it is bound by and will comply condition of disability. Contractor g with the nondiscrimination mandates of all statutes and local ordinances and regulations. ' Contractors. Contractor shall not be debarred 24. Debarred, Suspended or Ineligible with debarred this Agreement. Contractor shall not perform work throughout the duration of g subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. withshall comply with all applicable federal, state and local 25. Compliance Laws. Contractor p Y nd re ulations in force at the time Contractor performs pursuant laws, ordinances, codes a g to this Agreement. performance and payment bonds, each in an amount 26. Bonds. Contractor shall obtain faithfulnothingin this total compensation amount of this Agreement, and that •�s not less than the p d forms entitled Payment Agreement shall be read to excuse this requirement. The require Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. represents, covenants and agrees that: a) 27. Contractor's Representations. Contractorp materials, and capable of furnishing the labor, m qualified, and Contractor is licensed, with the terms and conditions expertise necessary to perform the services in accordanceimpediments of p Agreement; b) there are no obligations, commitments, or p set forth in this c) there is no its fullperformance under this Agreement; any kind that will limit or preventsubject of anycriminal against Contractor, and Contractor litigation pending is not the actual knowledge, neither Contractor nor or proceeding; and d)to Contractor's g investigation itsp ersonnel have been convicted of a felony. C-6 agrees not to accept any employment or representation 28. Conflicts of Interest. Contractorg g during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement whichlikely is or maymake Contractor "financially interested," as made b Cityon provided in Government Code Section 1090 and 87100, in any decisions y any matter in connection with which Contractor has been retained pursuant to this Agreement. have full authority to compromise or otherwise settle any claim 29. Third Party Claims. City shall receipt of Agreement at anytime. City shall timely notify Contractor theof p any relating to the to recover its reasonable rt claim relatingto the Agreement. City shall be entitled third pay costs incurred in providing this notice. • • Subcontracting. Contractor shall not assign or transfer any interest in 30. Non-Assignability; Subcontrac g this Agreement nor any part thereof, whether by assignment or novation, without the City's purported assignment without written consent shall be null, void, prior written consent. Any g 'ndemnif the Cityand its and of no effect, and Contractor shall hold harmless, defend and y officers, officials, employees, agents and representatives with respect to any claim, demand or action arisingfrom or relating to any unauthorized assignment. it interpretation, and performance of this Agreement shall be 31. Applicable Law. The validity, P n California s controlled by and construed under the laws of the State of California, excluding choice of law rules. Venue for anysuch action relating to this Agreement shall be in the Los Angeles County Superior Court. this Agreement are for convenience only and shall in no way define, 32. Titles. The titles used in g limit or describe the scope or intent of this Agreement or any part of it. this Agreement on behalf of Contractor warrants and 33. Authority. The person executing 9 represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authorityto bind Contractor to the performance of its obligations hereunder. Agreement, includingany other documents incorporated herein by 34. Entire Agreement. This Agree � rence represents the entire and integrated agreement City and specific refe p between Agreement supersedes all prior oral or written negotiations, Contractor. This p g representations ' i or agreements. This Agreement may not be modifdor amended, nor any e in a writingsigned provision or breach waived, except by both parties which expressly refers to this Agreement. asserted ambiguity in, or dispute regarding the 35. Construction. In the event of any not be resolved interpretation of any matter herein, the interpretation of this Agreement shall by any rules of interpretation providing interpretation for inter retation against the party who causes the exist or against the party who drafted the Agreement or who drafted that uncertainty to g portion of the Agreement. Remedies. Waiver byeither party of any one or more of 36. Non-waiver of Terms, Rights and Reme n other under this Agreement shall not be a waiver of any the conditions of performance g of under this Agreement. In no eventmaking by the City condition of performance shall the g any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which maythen exist on the part of Contractor, and the making C-7 of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. required bylaw, any notice or other communication authorized 37. Notice. Except as otherwiseq the shall be in writing and shall be deemed received on (a) or required by this Agreement or City's if delivered byhand or overnight courier service during Contractor'sy day of delivery deposit in the United States regular business hours or(b)on the third business day following de p mail, postage prepaidto the addresses listed below, or at such other address as one party , may notify the other: To CITY: Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONTRACTOR: The address listed in Exhibit "B." g 38. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. t is held to be invalid, illegal, or or term portion of this Agreement 39. Severability. If any otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [signatures on next page] C-8 IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITY O' RAN k H PALOS VERDES By: . ' r►..- .. , I Michael Throne, Director of Public Works ATTEST: ;"m, APPROVED AS TO FORM: 4-1 By: l� - By: City Clerk City Attorne 7/.3 Chf Dateo.. i (i I Ccc ' / / • / lite. ( CONTRACTOR ) &O-- By: Printed Nalrkdifb C. 0 dilat Title: 0/6-0 By: Printed Name: Title: C-9 CITY OF RANCHO PALOS VERDES INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS nus INS"I'RUC'l iON ONLY - IT IS NO] TO BE SIGNED OR USED IN CONJUNCTION WITH THE !\ iRIaT ME:NT" OR ANY OTHER FORMS TI A.T MUST BE TURNED INTO THE CITY OF RANCHO PALOS VERDES - 1.1 IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS. l. By all Individual. The individual must sign the instrument, and if he/she is doing business under a fictitious name,the fictitious name must be set forth. The signature must be acknowledged before a Notary Pubic, usin_g-the proper form of acknowledgment. 2. 3y a Partnership. The name of the partnership must be set forth followed by the signatures of less than all of the partners will be acceptable only if submitted with evidence of authority to act on behalf of the pailnership. The sig.nature s must be acknowledged before a Notary Public,using the proper form of acknowicdtment. �. By a corporation. The name of the corporation must be set forth, followed by the signatures of the President or Vice President and Secretary or Assistant Secretary. The signatures must be acknowledged be c reaotary Public,using in substance the following form of acknowledgment. 4. By a Surety. The name of the surety must be set forth, followed by an authorized signature. The signatures must be ackno���ledoed before a Notary Public,using the propsrform of acknowledgment. STATE OF COUNTY OF 14045 3-uts,i6A (.)n -..\inht_ _ -..-_ ,before me, the undersigned, appeared Odao&. OsChO4U known to me to be th-441310.or Vice President and known to be to be the Secretary or Assistant Secretary of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the within instrumeI1t pursuant to its by-laws or a resolution of its City Council. WITN:I'rSS my signature and sea 04- gl :.. .. ANA C.OCHOA '' ►` Commission 9 1991122 Notary Public .;�q i Nosy PublicZ 4 44:1 Los Angeles County Comm.Ex es Oct 12,2016 (Seal) C--1G IIIIGH JA'S USTOM ONSTRUC`1'ION INC. General Contractor Services Lic.#912488 Service Proposal Date: May 19, 2014 To: City of Rancho Palos Verde Contact: Lucho Rodriguez 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275 Office: 310.544.5252 Email: LuchoR@rpv.com Job: City of Rancho Palos Verde 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275 Via: LuchoR@rpv.com Ochoa's Custom Construction, Inc. is pleased to provide a service contract for the following scope of work.To include: Cable N Building Restroom Improvement. 1. Demolish existing restroom fixtures—electrical, plumbing, partition walls, and walk-in shower. 2. Relocate plumbing and electrical to accommodate new fixtures 3. Frame sub wall and install new interior door 4. Existing urinal will remain 5. Patch and paint entire restroom 6. Install tile approx. 260 sq.ft. of floor and wall tile. Everything according to specs of plan 7. Custom built cabinetry with countertop, according to plan 8. Install restroom electrical and plumbing fixtures and all ADA required fixtures 9. Install all accessible restroom signage 10. Remove interior walls and relocate interior door and Install new door on the entry room by the restroom 11. Drywall, patch and paint new construction area 12. Remove existing carpet with asbestos, approx.25 sq.ft.—Work completed by Asbestos Abatement Sub Contractor Company. Note:All work completed above will be according to approved plans and according all specifications. Labor and material included in price. Grand Total $40,300 Forty thousand three hundred &00/100. 11973 Rivera Rd,Santa Fe Springs,CA 90670 Phone: 562-843-2747 Fax: 888-236-1008 Email:ochoascustom@vahoo.com Thank you for your business and God Bless! • 0 Certificate of Understanding This Safety and Health Guide for Contractors was developed by the City of RPV to provide guidance for contractors hired to perform repair, alteration, renovation, demolition, equipment installation, and other work requiring access to City of RPV-owned or-leased property. Distribution A copy of this Certificate of Understanding should be signed by the Contractor's representative at the postaward orientation conference or before the commencement of work.A copy of this guide should be readily accessible where the work is being performed. The City Engineer's representative (CER) should thoroughly brief the Contractor's representative on the Contract Safety and Health Requirements contained herein. Contractor's Verification Statement As a representative of OC4+OA C tb$4 CO41tjfl ,j� I Mc.. (Contractor's name), I have received the Safety and Health Guide for Contractors prepared by the City of RPV. As the Contractor's representative, I understand and accept the requirements contained herein, and I have reviewed each of the required sections of the guide with the COR and/or the designated City of RPV representative. I agree to review the contents of this guide with all subcontractors hired to perform work on City of RPV property. Contractor's Representative Printed Name: J iS..- •A Contact Number: Soi' g�3. an41i Signature: .4 Date: � IC1t2øOL4 Designated City of RPV Re• entative Printed Name: Contact Number: Signature: Date: Safety Representative(If Required by COR) Printed Name: Contact Number: Signature: Date: City of RPV CO,COR, or Project Manager Printed Name: Contact Number: Signature: Date: Maintain a copy of this signed form in the City of RPV and Contractor's project files. SP-116 PROPOSAL CITY OF RANCHO PALOS VERDES CABLE TV BUILDING RESTROOM IMPROVEMENTS AND ADA COMPLIANCE TO THE DIRECTOR OF PUBLIC WORKS CITY OF RANCHO PALOS VERDES The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein; (2) bidder has carefully examined the project plans, specifications, instructions to bidders, proposal, notice to contractors and all other information furnished therefore and the site of the proposed work; (3)bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the CITY OF RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans, if any, and the terms of the specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said specifications, for the following stated unit prices or lump-sum price as submitted on the Schedule attached hereto: Licensed in accordance with an act providing for the registration of contractors, California Contractor's Licens- No. , Class Expi •• 'ate 30 f1.a011p ASL t4! Signature(s)of bidder: i Nilip If an individual, so state. If a firm or co-part - -hip, state the firm name and give the names of all individual co-partners composing the firm. corporation, state legal name of corporation, also names of president, secretary,treasurer,an• manager thereof. Two notarized officer's signatures and the corporate seal are required for corporations. Legal Business Name: 'S CALSI k7"i oaf l A1C Address: I('t1'? VeZA • , &WM- FE %Pie4 i CA °JObi0 Telephone: 5-11a. Rt1 .y 1 Contact: (AAA,0 oc Bid Date 911 1 t4 P-1 0 CITY OF RANCHO PALOS VERDES BID SHEET CABLE TV BUILDING RESTROOMS IMPROVEMENTS AND ADA COMPLIANCE PROJECT No. 017314 NAME � ( OF COMPANY: °CROWS C4�IbM COASIrLaal.04� The undersigned hereby agrees to enter into a contract to furnish all labor, materials including equipment, supplies, site preparation, demolition and construction for the project in accordance with the specifications, plans and this Bid to the satisfaction and under the direction of the Director of Public Works at the following prices: UNIT ITEM DESCRIPTION UNIT ESTIMATED PRICE EXTENDED NO. MEASURE QUANTITY $ AMOUNT$ Restrooms Improvements and ADA 1 compliance-Complete Demo and LS 1 NA 20 gob Construction Asbestos Abatement per all applicable 2 codes LS 1 NA 115-03' TOTAL L.+,D 1 �t ()• TOTAL IN NUMBERS: $ es" 3c>e? TOTAL IN WORDS: .-d'Adi• ..„ . If 4 IC 9 all10 4 • io License No.: q 1 Z„4kt Class: Expiration Date: 417)61.2X)1(.P Date: 51 I1-01 Signature: P-2 410 INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information: (Additional sheets may be attached if necessary.) (1) Address: )113 giV012A A) S/ al1 FSf - S1 '�' Cl Obi° (2) Telephone: • a'�Lei (3) Type of firm - Individual, Partnership, or Corporation: Ca-f0P111.014 (4) Corporation organized under the laws of the State of (5) Contractor's license number and class: "'a).-trt (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation: (*AA D c. OC4tw, GV-D MitizteEN6 OCilvk 4 g erAZ#erree P-3 other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties,appeal,and finality of such citations shall be subject to Sections 7028.7 to 7028.13 inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e)of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractor's State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: l 1-2-q,&& Class: t3 Expiration Date: Li 1301201(p Date: S1 Signature: P-6 CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT THIS AGREEMENT ("Agreement') is made and entered this 160 day ofW , 2014, by and between the CITY OF RANCHO PALOS VERDES, a California municip I corporation ("City") and DatfeS G ("Contractor"). Contractor's license number is c i' t Cotafsnuo,1101. , I t C. In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as ("Project"), as described in this Agreement and in the Bid Documents (including the Notice Inviting Sealed Bids, the Instructions to Bidders, the Proposal, the General Provisions, the Special Provisions, the Technical Provisions, and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents),which are attached hereto as Exhibit "A" and incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be performed in accordance with the latest edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook"), including supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California (collectively "Standard Specifications"), which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. 2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for under written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 4. Time. Time is of the essence in this Agreement. 5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns,freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice. C-1 6. Compensation. In consideration of the services rendered he!.patinder City shall pay Contractor a not to exceed amount of ) in accordance with the prices as submittd in Contractor's Proposal, attache hereto as Exhibit "B" and incorporated herein by this reference. 7. Payments. City shall make payments within thirty (30)days after receipt of an undisputed Y P P and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7)days after receipt, and shall explain in writing the reasons why the payment request is not proper. A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However, progress payments shall not be made in excess of ninety-five percent(95%)of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold not less than five percent(5%) of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent(50%)of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual work completed. 8. Substitute Security. a. At the written request and expense of Contractor, securities equivalent to any moneys withheld by the City to ensure performance under this Agreement shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to Contractor. b. Alternatively, Contractor may request that the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this Section. c. Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest- bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City mutually agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. d. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent (5%) of Contractor's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. Further C-2 IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITY OF RANCHO PALOS VERDES By: Mayor ATTEST: APPROVED AS TO FORM: By: By: City Clerk City Attorney Dated: Demlib__IAAguLats‘sizam7014) 'lac ' ("CONTRACTOR") By: (2.1/f ) Printed Name: C. 001)A' Title: 0161) By: Printed Name: Title: C-9 110 WORKERS' COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the City of Rancho Palos Verdes has required certain insurance to be provided by: so 11A514-e-A-7,N66 Col4PA/49 NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: City of Rancho Palos Verdes City Hall 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275 2. The insureds under such policy or policies are: Q2A4ois eAkS-rbiA CQ AST2.rtcXtpl. 3. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: Policy Number Effective Date Expiration Date ppOC,00 1?)I (elm J-z4013 tol tioiq 4. Said policy or policies shall not be canceled,nor shall there be any reduction in coverage or limits of liability,unless and until thirty days' written notice thereof has been served upon the City Clerk of the City of Rancho Palos Verdes By: Its Authorized Representative C-14 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2,Part 7,Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall,as a penalty to the Agency,forfeit not more than one hundred dollars($100)for each calendar day,or portion thereof,for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to(1)keep accurate payroll records, (2)certify and make such payroll records available for inspection as provided by Section 1776,and(3)inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and •' corn.1 with such provisions before commencing the performance of the or oft .t. e tra ." 41/ Date -511C% 11014 Signature C-15