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Merit Civil Engineering (2014) Blackhorse
t t PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this March 4, 2014, by and between the City of Rancho Palos Verdes, hereinafter referred to as"CITY,"and Merit Civil Engineering, Inc., hereafter referred to as "CONSULTANT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Project Description The Project is described as the BLACKHORSE RD CDBG — ADA COMPLIANCE PROJECT — Phase II. 1.2 Description of Services CONSULTANT shall provide Construction Management and Inspection services as described in the Scope of Contract Services, attached hereto as Exhibit "A" and incorporated herein by this reference. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the specific services requested by the CITY and included in Exhibit "A." No work shall be done on any item of Exhibit "A" for which CONSULTANT has not received a written Notice to Proceed. Time is of the essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSULTANT's control or without CONSULTANT's fault. ARTICLE 2 COMPENSATION 2.1 Fee CITY agrees to compensate CONSULTANT for services that CITY has issued to CONSULTANT a Notice to Proceed amounts as set forth in Exhibit "A," and in any case a total amount not to exceed Fourteen thousand one hundred twenty nine dollars Page 1 of 11 R6876-0001\1410334v2.doc , ($14,129.00), which are partially paid from Community Development Block Grant("CDBG") funds that come from the United States Department of Housing and Urban Development ("HUD"). The amounts in Exhibit "A" shall be in effect through the end of this Agreement. 2.2 Payment Address All payments due CONSULTANT shall be paid to: Merit Civil Engineering Inc. 20280 Acacia Street, Suite 100 Newport Beach, CA 92660 2.3 Terms of Compensation CONSULTANT shall submit monthly invoices for the percentage of work completed in the previous month. CITY agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice. 2.4 Term of Agreement This Agreement shall commence on the day it is executed, provided that Certificates of Insurance are current on that date, and this Agreement shall terminate on December 30, 2013, unless earlier terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification CONSULTANT shall defend, indemnify, and hold the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively "Claims"), in any manner arising out of or incident to any acts or omissions of CONSULTANT, its Page 2 of 11 R6876-0001\1410334v2.doc officials, officers, employees or agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees. With respect to any and all such Claims, CONSULTANT shall defend Indemnitees at CONSULTANT's own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. CONSULTANT shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by CONSULTANT or Indemnitees. All duties of CONSULTANT under this Section shall survive termination of this Agreement. 3.2 General Liability CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars($2,000,000)general aggregate for bodily injury, death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability CONSULTANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars($1,000,000)per claim and aggregate for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three (3)years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3)years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSULTANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance, with minimum of one million dollars($1,000,000)per claim and occurrence and Page 3 of 11 R6876-0001\1410334v2.doc two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. 3.5 Worker's Compensation CONSULTANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. CONSULTANT agrees that it will not cancel or reduce said insurance coverage. (b) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon. 3.7 Certificate of Insurance At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CITY, its officers, agents and employees as additional insureds. 3.8 Primary Coverage The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The insurance policies (other than workers compensation and professional liability) shall include provisions for waiver of subrogation. ARTICLE 4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at any time,with or without cause, by the CITY upon thirty(30)days prior written notice or by CONSULTANT upon ninety(90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.14. Page 4 of 11 R6876-0001\1410334v2.doc , (b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full performance of the services described in this Agreement. ARTICLE 5 DOCUMENTS 5.1 Ownership of Documents and Work Product All documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Page 5 of 11 R6876-0001\1410334v2.doc Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non- infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Project, the CONSULTANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. 5.2 Record-Keeping and Reporting (a) Pursuant to 24 C.F.R. Section 85.36(1)(10), the CONTRACTOR shall maintain all books, documents, papers, and records that are directly pertinent to the Agreement for the purpose of making audits, examinations, excerpts and transcripts. (b) Pursuant to 24 C.F.R. Section 85.36(1)(11) and the Los Angeles County Development Commission's Project Description and Activity Budget for Contract 70741 (Project No. D96691-09), CONTRACTOR shall retain all required records for a period of five(5)years after the CITY makes final payments and all other pending matters are closed. (c) Pursuant to 24 C.F.R. Section 85.36(i)(7), CONTRACTOR shall provide to the CITY all requested documentation resulting throughout the course of or under this Agreement. ARTICLE 6 GENERAL PROVISIONS 6.1 Representation The CITY representative shall be the Director of Public Works or his or her designee, and CONSULTANT shall notify CITY of CONSULTANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. 6.2 CDBG Regulations CONSULTANT agrees to comply with the requirements of Part 570 of Title 24 of the Code of Federal Regulations, which states the U.S. Department of Housing and Page 6 of 11 R6876-0001\1410334v2.doc Urban Development's regulations concerning CDBG, and all federal regulations and policies issued pursuant to these regulations. Furthermore, CONSULTANT shall comply with all applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. sections 200e-217) and the Americans with Disabilities Act of 1992 (42 U.S.C. section 11200, et seq.). 6.3 Personnel CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer and/or licensed in the appropriate discipline of Engineering for the work being conducted by the State of California and in good standing. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall CONSULTANT be responsible for its associates or subcontractors' services. 6.4 CONSULTANT's Representations CONSULTANT represents, covenants and agrees that: a)CONSULTANT is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b)there are no obligations, commitments, or impediments of any kind that will limit or prevent CONSULTANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSULTANT has investigated and considered the scope of services performed, has carefully considered how the services should be performed, and understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 6.5 Labor Standards and Civil Rights CONTRACTOR agrees to comply with the requirements of the Secretary of Labor and the latest amendments to: Executive Orders 11246 and 11375, as supplemented in Department of Labor regulations (41 C.F.R. chapter 60); the Copeland "Anti-Kickback"Act (18 U.S.C. 847) as supplemented in Department of Labor regulations (29 C.F.R. part 3); Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 et seq.); Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000); Section 109 of Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); and Section 504 of the Rehabilitation Act of 1973(29 U.S.C. 701 et seq.). CONTRACTOR agrees to comply with the requirements of all other applicable federal, state and local laws and regulations pertaining to labor standards or civil rights insofar as those acts apply to the performance of this Agreement. Page 7 of 11 R6876-0001\1410334v2.doc 6.6 Environmental Conditions Pursuant to 24 C.F.R. Section 85.36(i)(13), CONTRACTOR agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163, 89 Stat. 871). 6.7 Lobbying Certifications (a) The Los Angeles County Lobbyist Code Chapter 2.160 County Ordinance No. 93-0031 Certification is attached hereto as Exhibit "B" and incorporated herein by this reference. CONSULTANT shall complete and file this Certification as required. (b) The Federal Lobbyist Requirements Certification is attached hereto as Exhibit"C" and incorporated herein by this reference. CONSULTANT shall complete and file this Certification with the CITY. 6.8 Conflicts of Interest CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve(12) months after completion of the work under this Agreement which is or may likely make CONSULTANT "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement. 6.9 Legal Action (a) Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement,the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at reasonable hourly rates. Page 8 of 11 R6876-0001\1410334v2.doc 6.10 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSULTANT shall hold harmless, defend and indemnify the CITY and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. Notwithstanding the above, CONSULTANT may use the services of persons and entities not in CONSULTANT's direct employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSULTANT's use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance. 6.11 Independent Contractor CONSULTANT is and shall at all times remain, as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set forth, and CONSULTANT 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 as the CONSULTANT wishes except as expressly provided in this Agreement. CONSULTANT shall have no power to incur any debt, obligation,or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation law regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify and hold the CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to the CITY from CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.12 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. Page 9 of 11 R6876-0001\1410334v2.doc . 6.13 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 6.14 Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.15 Non-Waiver of Terms, Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSULTANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 6.16 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.17 Notice Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during CONSULTANT's or CITY's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Mr. Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Page 10 of 11 R6876-0001\1410334v2.doc To CONSULTANT: Mr. Bob Merrell, President Merit Civil Engineering, Inc. 20280 Acacia Street, Suite 100 Newport Beach, CA 92660 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: Ufr MERIT CIVIL ENGINEERING, INC. ("CONSULTANT") By:___4(,, ,vA,.„ Printed Name: edi,,f/A-42Mt:efe" Title: 1 � r By: Printed Name: Title: Dated: %AI CITY OF RANCHO PALOS VERDES ("CITY") Byikay. ATTEST: APPROVED AS TO FORM: Gfi By: _/ iliCiLea-C By: City Clerk City Attorney Page 11 of 11 R6876-0001\1410334v2.doc . Exhibit "A": Scope of Contract Services R6876-0001\1410334v2.doc CITY OF RANCHO PALOS VERDES AGREEMENT FOR BLACKHORSE ROAD CDBG ADA PROJECT - PHASE II (Community Development Block Grant Project#601564-12) THIS AGREEMENT (the "Agreement") is made and entered this 4t" day of March, 2014, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and RG General Engineering ("Contractor"). Contractor's license number is 978079. 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 BLACKHORSE ROAD CDBG ADA PROJECT— Phase II ("Project"), as described in this Agreement and in the Bid Documents (including the Notice Inviting Sealed Bids, the Instructions to Bidders, the General Provisions, the Special Provisions, the Proposal, Appendices I through V, and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents), which are on file with the Department of Public Works 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. 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. 5. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Thirty Eight thousand dollars ($38,000.00) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit "A" and incorporated herein by this reference. 6. Payments. City shall make payments within thirty (30) days after receipt of undisputed and properly submitted payment requests 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 C- 1 C-6 (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. 7. 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 mandatory details are provided in Public Contract Code Section 22300(d), which is incorporated herein by this reference. e. The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f), which is incorporated herein by this reference. 8. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit "A." 9. Time. Upon receipt of written Notice to Proceed from the City, Contractor shall perform with due diligence the services requested by the City as specified in the Bid Documents. Time is of the essence in this Agreement. 10. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in Contractor's cost of or time required for performance of any part of the work, Contractor shall C-2 C-7 notify City promptly of its intention to submit a claim. If the dispute arises before performance of the related work, the written notice shall be submitted prior to commencing such work. In any event, the Contractor shall proceed with such work in compliance with the instructions of the City; such compliance shall not be a waiver of the Contractor's rights to make a claim, provided they have notified the City in writing as above stipulated. 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, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement 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 the procedures of the claim process, and these provisions are incorporated herein by this reference. 11. Default and Remedies. a. 'Default shall consist of any failure by the Contractor to perform under this Agreement or written amendments thereto or any breach of any covenant, agreement, provision or warranty provided by the Contractor as a part of this Agreement. Actions which constitute a default include, but are not limited to: (1) failure to submit to the City reports which are required pursuant to this Agreement or the submission of required reports that are incorrect or incomplete; (2) submission of requests for payment or reimbursement of amounts that are incorrect or incomplete; (3)the failure of Contractor to accept any additional conditions which may be required by law, by executive order, by regulation or by other policy announced by the City, the state or any federal agency; or(4)failure to perform any activity required by this Agreement. b. Upon occurrence of any default, the City shall advise Contractor in writing of the action constituting the default, and specify the actions that must be taken to cure the default. The City may suspend payment under the Agreement. If Contractor does not cure the default within thirty(30) days of receipt of written notice from the City, the City may continue the suspension or, by written notice of termination, may terminate this Agreement. C. Notwithstanding the above, Contractor shall not be relieved of liability to the City for damage sustained by the City by virtue of any default or breach of the Agreement, and the City may deduct the amount of damages from any outstanding payments to Contractor or may withhold payments until such time as the exact amount of the damages is determined. 12. Termination. a. The City may cancel this Agreement at any time with or without cause without penalty upon thirty(30) days'written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. b. If federal funding for this Agreement is terminated and no other funding is available for continuation of this project, the City will not be obligated to continue funding for the services contained in this Agreement and may terminate the Agreement. C. In the event of termination, all property and finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by or purchased with CDBG/HOME funds by the Contractor under this Agreement shall, at the option of the City, become the City's property, and Contractor shall be entitled to receive just and equitable compensation, as G 3 C-8 determined by the City, for any work satisfactorily completed 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 as independent contractors in the role of City officials (collectively "Indemnitees") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), 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 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, arising out 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. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable. 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 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 may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. e. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within 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 regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. f. Survival. The provisions of this Section 13 shall survive the termination of this 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 Indemnitee's right to recover under this indemnity provision, C-4 C,-9 and an entry of judgment against a Contractor shall be conclusive in favor of the lndemnitee's right to recover under this indemnity provision. 14. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); Additional Insured Endorsement (Excess Liability); Non-Segregated Facilities Certification; Equal Employment Opportunity Commitment; U.S. Department of Housing and Urban Development Report of Additional Classification and Rate (HUD Form 4230A); U.S. Department of Labor Employment Standards Administration Wage and Hour Division Payroll; Contracting with Small Business Minority Firms, Women's Business Enterprise and Labor Surplus Area Firms; Federal Equal Employment Opportunity/ Affirmative Action Requirements; Past Performance Certification; and Fringe Benefit Payment Certification. 15. Record-Keeping and Reporting. a. Records to be Kept. Records shall be maintained in accordance with the requirements prescribed by the Secretary of Housing and Urban Development ("HUD") or the County of Los Angeles (the "County") with respect to all matters covered by this Agreement. Except as otherwise authorized by HUD, such records shall be maintained for a period of five (5) years after receipt of the final payment under this Agreement. Additionally, pursuant to Government Code Section 8546.7, Contractor shall be subject to State Auditor 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. b. Documentation of Costs. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, orders or other accounting documents. All documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. C. Inspection of Records. At any time during normal business hours and as often as City, County, HUD and/or the Comptroller General of the United States may deem necessary, the Contractor shall make available to any of these entities for examination all of its records, with respect to all matters covered by this Agreement, and will permit any of these entities to audit, examine and make excerpts or transcripts from such records, including contracts, invoices, materials, payrolls, records of personnel, conditions of employment and any other data relating to matters covered by this Agreement. 16. Lobbying Certifications. The Los Angeles County Lobbyist Code Chapter 2.160 County Ordinance No. 93-0031 Certification and the Federal Lobbyist Requirements Certification are attached hereto and incorporated herein by this reference. Consultant shall complete and file these Certifications as required by the City or the County. 17. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. 18. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. 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. C-5 C-1 0 19. Antitrust Claims. Pursuant to Public Contract Code Section 7103.5, 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 Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 20. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and 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 any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 21. Workers' Compensation Insurance. 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, the 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 under take self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 22. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by this reference. 23. Debarred, Suspended or Ineligible Contractors. Contractor shall not be, and shall ensure all subcontractors are not, debarred, suspended or placed in eligibility status under the provisions of 24 C.F.R. Part 24 throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code sections 1777.1 or 1777.7. 24. Anti-Discrimination. Contractor shall adhere to all federal discrimination requirements, including Executive Order 11246, as listed in the Federal Discrimination Provisions, which is attached hereto and incorporated herein by this reference. Contractor shall also adhere to the Equal Employment Opportunity Regulations for Federally Assisted Construction Contracts, which is attached hereto and incorporated herein by this reference. Contractor shall ensure equal opportunity to all persons without regard to race, color, gender, sexual orientation, religion, national origin, ancestry, age, marital status, or disability. G 6 C-11 25. Conflicts of Interest. a. Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Contractor "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. b. No official, officer, employee, or agent of the City or Contractor shall have any financial interest, director indirect, in any contract or subcontract, or the proceeds thereof,for work to be performed in connection with the program assisted under this Agreement. Immediate family members of said officials, officers, employees, and agents are similarly barred from having any financial interest in the program. C. No person who exercises, or has exercised any function or responsibilities with respect to CDBG activities, or who is in a position to participate in a decision making process or gain inside information with regards to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG- assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. d. Contractor shall take appropriate steps to assure compliance with paragraph (b) of this Section and will incorporate the following provision into every subcontract: "Interest of Subcontractor and Employees. The Subcontractor covenants that no person who presently exercises any functions or responsibilities in connection with the Community Development Block Grant Program has any personal financial interest, direct or indirect, in this Contract. Any interest on the part of the Subcontractor or his employees must be disclosed to the Recipient and the City, provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation by residents of the area." 26. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice. 27. Davis-Bacon Act, Copeland Anti-Kickback Act, and Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. City and Contractor acknowledge that this is a federally assisted construction contract and that federal labor standards provisions, including prevailing wage requirements of the Davis-Bacon Act ((40 U.S.C. 276 a to a.7) as supplemented by Department of Labor Regulations (29 CFR Part 5)) and related acts, are incorporated by this reference and will be enforced. Contractor understands that in the event of a conflict between the Federal General Wage Decision as established by the United States Department of Labor (available at www.access.gpo.gov/davisbacon/ca.htm1) and the State General Prevailing Wage Determination as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm), the higher of the two will prevail. The rates per diem for each type of worker are on file with the Public Works Director at City Hall at the address listed below, and are available to anyone upon request. The documents titled U.S. Department of Housing and Urban C-7 C-1 2 Development Office of Labor Relations Federal Labor Standards Provisions and Agreement to Comply with California Labor Law Requirements are attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's work. The Copeland "Anti-Kick Back Act" (18 U.S. C. 876), as supplemented in Department of Labor regulations (29 CFR Part 3), shall apply, and Contractor shall not induce, by any means, any person employed in this Project to give up any part of the compensation to which he or she is otherwise entitled. 28. Contract Work Hours and Safety Standards Act. In employing mechanics or laborers, Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 USC §§ 327 et seq.), as supplemented by Department of Labor Regulations contained in 29 C.F.R. Parts 3, 5 and 5a. Contractor shall not require or permit any laborer or mechanic, in any workweek in which the laborer or mechanic is employed on that work, to work more than forty (40) hours in that workweek, except as provided in the Contract Work Hours and Safety Standards Act. When a violation occurs, Contractor is liable to the affected employee for the employee's unpaid wages and to the City for liquidated damages equal to ten dollars ($10)for each calendar day on which the individual was required or permitted to work in excess of the standard workweek without payment of the overtime wages required by this chapter. 29. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement, including those governing the funds provided under this Agreement. 30. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. The required forms entitled Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. Contractor shall also obtain a one-year warranty bond in an amount that is not less than the total compensation amount of this Agreement and in a form approved by the City Attorney and shall deliver this bond to the City before the City's acceptance of the project; alternatively, the Contractor shall submit written evidence from the surety of an extension to its performance bond, to be effective for a year after acceptance by the City, and shall submit this extension before the City's acceptance of the Project. 31. Ownership of Documents and Work Product. a. All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to to this paragraph. b. CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the C- 8 C-13 CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a)secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or(b) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. C. Upon termination, abandonment or suspension of the Project, the CONSULTANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. 32. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b)there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c)there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d)to Contractor's actual knowledge, neither Contractor nor its personnel have been convicted of a felony. 33. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without the City's prior written consent. Any purported assignment without written consent shall be null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. 34. Applicable Law.The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 35. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 36. Authority. The person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 37. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. G 9 C-14 38. Amendment. The City or Contractor may only modify or amend this Agreement or any provision herein in a writing signed by both parties which expressly refers to this Agreement. The City may, at its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amount, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as a part of this Agreement, such modifications will be incorporated only by written amendments signed by both the City and Contractor. 39. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 40. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making 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. 41. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a)the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or(b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Mr. 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 "A." 42. 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. 43. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or 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] G 10 C-15 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: By: City Clerk CONTRACTOR: RG GENERAL ENGINEERING By: Printed Name: Date: By: Printed Name: Date: C- 11 C-16 CITY OF RANCHO PALOS VERDES INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS THIS IS INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS VERDES - IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS. 1. By an 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. Thesignature must be acknowledged before a Notary Public, using the proper form of acknowledgment. 2. By a Partnership. The name of the partnership must be set forth followed by the signatures of all of the partners. The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment. 3. By an LLC. The name of the LLC must be set forth, followed by the signatures of two corporate officers: one signature must be from the Chairperson of the Board, the President or any Vice President, and the other signature must be from the Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer of the LLC. Alternatively, the name of the LLC must be set forth, followed by the signature(s) of a member, manager or two managers with authority to bind the LLC if he, she or they submit a copy of the articles of organization and highlight the provision stating who manages the LLC or otherwise has authority to bind the LLC. In either case, all signatures must be acknowledged before a Notary Public, usinq in substance the following form of acknowledgment. 4. By a Corporation. The name of the corporation must be set forth, followed by the signatures of two corporate officers: one signature must be from the Chairperson of the Board, the President or any Vice President, and the other signature must be from the Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer of the corporation.All signatures must be acknowledged before a Notary Public, using in substance the following form of acknowledgment. If any person or entity wishes to sign the Agreement or any other forms that must be signed in a manner other than as required above,that person or entity must first submit to the City for approval documentation evidencing the authority to bind the individual, partnership or corporation in the alternative manner proposed. C- 12 C-17 INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES PUBLIC WORKS CONTRACT The Contractor shall at all times, during the term of this contract, carry, maintain and keep in full force and effect, a policy or policies of comprehensive public liability insurance with an insurance company admitted to write insurance in California, or carriers with a rating of, or equivalent to, ANII by A. M. Best & Company to, and approved by, the Director of Public Works and City Attorney, within minimum limits of one Million Dollars ($1,000,000.00) combined single limit coverage with an aggregate of Two Million Dollars ($2,000,000.00)against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the Contractor, its officers, employees, agents, and independent contractors in performance of services under this agreement; (2)Automotive liability insurance with a minimum combined single limits coverage of One Million Dollars ($1,000,000.00) with an aggregate of Two Million Dollars ($2,000.000.00); and (3) workers' compensation insurance as required by law. The contractor shall at all times during the term of this contract carry, maintain and keep in full force and effect a policy or policies of workers' compensation insurance and shall provide to the City evidence of such coverage in the form set forth herein. The City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability, automotive liability, and worker's compensation coverages. a) All insurance policies shall provide that the insurance coverage shall not be non- renewed, canceled, reduced, or otherwise modified (except through the addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving the City thirty(30) day's prior written notice thereof. The Contractor agrees that it will not cancel, reduce, or otherwise modify said insurance coverage. b) The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and the pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due to the Contractor. c) The Contractor shall submit to the City (1) insurance certificate indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements must be executed on the City's appropriate standard forms entitled"Additional Insured Endorsement,"copies of which are attached hereto. C- 13 C,-18 Bond No. PAYMENT BOND (LABOR AND MATERIALS) WHEREAS the City of Rancho Palos Verdes, California ("Public Agency") has awarded to (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: BLACKHORSE ROAD CDBG ADA PROJECT— PHASE II (Community Development Block Grant Project#601564-12) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code before entering upon the performance of the work to file a good and sufficient payment bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Dollars ($ ) (the "Penal Sum"), this amount being not less than one hundred percent (100%) of the total Contract price, in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000)of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C- 14 C-19 The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM: AMOUNT RICHARDS, WATSON & GERSHON A Professional Corporation By: Insurance Administrator By: Public Agency Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. C- 15 C-20 Bond No. PERFORMANCE BOND WHEREAS the City of Rancho Palos Verdes, California ("Public Agency") has awarded to (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: BLACKHORSE ROAD CDBG ADA PROJECT— PHASE II (Community Development Block Grant Project#601564-12) WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars,($ ) in lawful money of the United States of America, this amount being not less than the total Contract price, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys'fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. C- 16 C-21 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT RICHARDS, WATSON & GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached C- 17 C,-22 Workers' Compensation Certificate of Insurance WHEREAS, the City of Rancho Palos Verdes has required certain insurance to be provided by: NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insured 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 insured under such policy or policies are: 3. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insured as follows: Policy Number Effective Date Expiration Date 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 G 18 C-23 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b)the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 4. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars,($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 5. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2)certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 7. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25)for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. C- 19 C-24 Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. 8. 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 I will comply with such provisions before commencing the performance of the work of this contract." 9. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 10. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation,fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. Date: Signature 1: Signature 2: C-20 C-25 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured("Named Insured'): Name and address of Insurance Company("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insured (the above named additional insured are hereafter referred to as the "Additional Insured") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverage afforded the Additional Insured under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insured. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insured, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard C-21 C-26 to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insured. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City of Rancho Palos Verdes 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROMrrO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverage. Includes: ❑ Contractual Liability ❑ Explosion Hazard ❑ Owners/Landlords/Tenants ❑ Collapse Hazard ❑ Manufacturers/Contractors ❑ Underground Property Damage ❑ Products/Completed Operations ❑ Pollution Liability ❑ Broad Form Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury ❑ ❑ Broad Form Comprehensive ❑ General Liability Endorsement ❑ 12. A ❑ deductible or ❑ self-insured retention (check one) of$ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20_ Signature of Authorized Representative Telephone No.: ( ) (Original signature only;no facsimile signature or initialed signature accepted) ADDITIONAL INSURED ENDORSEMENT C-22 C-27 AUTOMOBILE LIABILITY Name and address of named insured("Named Insured'): Name and address of Insurance Company("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insured (the above named additional insured are hereafter referred to as the "Additional Insured") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverage afforded the Additional Insured under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insured. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insured, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insured. C-23 Ci-28 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverage. Includes: I Any Automobiles I Truckers Coverage All Owned Automobiles I Motor Carrier Act Non-owned Automobiles Bus Regulatory Reform Act I Hired Automobiles I Public Livery Coverage I Scheduled Automobiles I Garage Coverage 12. A ❑ deductible or❑ self-insured retention (check one) of$ applies to all coverage(s) except: _(if none, so state). The deductible is applicable G per claim or G per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20_ Signature of Authorized Representative (Original signature only,no facsimile signature Telephone No.: ( ) or initialed signature accepted) G 24 C,-29 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured("Named Insured'): Name and address of Insurance Company("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insured (the above named additional insured are hereafter referred to as the "Additional Insured") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverage afforded the Additional Insured under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insured. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insured, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insured. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: G 25 C-30 City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY ❑ Following Form ❑ Umbrella Liability 11. Applicable underlying coverage: INSURANCE COMPANY POLICY NO. AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverage: 13. A ❑ deductible or❑ self-insured retention (check one) of$ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or❑ per occurrence (check one). 14. This is an ❑ occurrence or ❑ claims made policy (check one). 15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20_ Signature of Authorized Representative (Original signature only,no facsimile signature Telephone No.: ( ) or initialed signature accepted) C-26 C-31 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code 7028.15] [Public Contract Code 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below: Business & Professions Code 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now' 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section,the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract"for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractor to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non- responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any 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. C-27 C-32 (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.: Class: Expiration Date: Date: Signature: G 28 C-33 FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Name of Firm: Date: Address: State: Zip Code: Phone No.: Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the Department of Housing and Urban Development (HUD) and the Community Development Commission, County of Los Angeles: 1. No Federal appropriated funds have been paid, by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and; 2. If any funds other than Federal appropriated funds have paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions, and: 3. The above name firm shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: Name: Title: Signature: Date: Federal Lobbying Requirements Certification Form Revised 09/30/05 C-29 C-34 r FEDERAL DISCRIMINATION PROVISIONS Contractors shall comply with all relevant requirements of the following federal laws and regulations dealing with discrimination in federally assisted programs: A. Titles VI and VII of the Civil Rights Act of 1964(42 U.S.C. 20000d),as amended by the Equal Employment Opportunity Act of 1972, which provide that no person shall, on the ground of race, color, national origin, or sex, be excluded from employment or participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. B. Section 109 of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309)and regulations at CFR 570.602 which provide that no person shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, be denied employment in, or be subjected to discrimination under any CDBG/HOME program or activity. C. Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 794)which provides that no otherwise qualified handicapped individual shall, solely by reason of his/her handicap, be excluded from the participation in, be denied the benefits of, be denied employment in, or be discriminated against under any program or activity receiving federal assistance, and Section 503 of the Rehabilitation Act of 1973, which provides for affirmative action to employ and advance qualified disabled people D. Age Discrimination Act of 1975, as amended (42 U.S.C. 6101)which provides that no person shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. E. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. 12101)and regulations at 28 CFR Part 35 and 29 CFR Title 1630,which provides prohibits discrimination based on disability, and Architectural Barriers Act of 1968, which requires buildings assigned for public use to be designed, constructed and altered so as to be accessible to and usable by persons with physical disabilities. F. Executive Order 11246, as amended by Executive Order 12086, and regulations in 41 CFR 60, which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of federally-assisted construction contracts and subcontracts. Contractors and subcontractors shall take affirmative action to ensure fair treatment in employment, including recruitment, training, promotion, demotion, transfer, layoff, termination, and pay. 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay of other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions in this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisement for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advertising the labor union or worker's representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants C-30 C-35 �,� for employment. 4. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, and orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise .provided by law. 7. The Contractor will include the provisions of paragraphs(1)through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or purchase order as the contracting agency, and may direct the subcontractor or vendor as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contract becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. C-31 C-36 �� Equal Employment Opportunity Regulations NONDISCRIMINATION: (Applicable to all Federal-aid construction contracts and to all related subcontracts of$10,000 or more) Equal employment opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws,executive orders, rules, regulations(28 CFR 35,29 CFR 1630 and 41 CFR 60)and orders of the Secretary of Labor as modified by the provisions prescribed herein,and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract.The Equal Opportunity Construction Contractor Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract,the contractor agrees to comply with the following minimum specific requirement activities of EEO. The contractor will work with the awarding agency and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. The contractor wig accept as his operating policy the following statement: "it is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion,sex,color, national origin,age or disability.Such action shall include:employment, upgrading,demotion,or transfer,recruitment or recruitment advertising;layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship, preapprenticeship,and/or on-the-job training." EEO OFFICER: The contractor will designate and make known to the awarding agency an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. DISSEMINATION OF POLICY: All members of the contractor's staff who are authorized to hire, supervise, promote,and discharge employees, or who recommend such action,or who are substantially involved in such action,will be made fully cognizant of,and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a minimum: Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months,at which time the contractor's EEO policy and its implementation will be reviewed and explained.The meetings will be conducted by the EEO officer. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer,covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority employees. Notices and posters identifying the contractor's EEO policy will be placed in areas readily accessible to employees,applicants for employment and potential employees. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or other appropriate means. RECRUITMENT OF EMPLOYEES: When advertising for employees,the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer."All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. The contractor will, unless precluded by a valid bargaining agreement,conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants.To meet this requirement,the C-32 C-37 �,� contractor will identify sources of potential minority group employees,and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions.(The DOL has held that where implementations of such agreements have the effect of discriminating against minorities or women,or obligates the contractor to do the same,such implementation violates Executive Order 11246,as amended.) The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. SELECTION OF SUBCONTRACTORS, PROCUREMENT OF MATERIALS AND LEASING OF EQUIPMENT: The contractor shall not discriminate on the grounds of race,color, religion,sex, national origin,age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. Disadvantaged business enterprises(DBE)as defined in 49 CFR 23,shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract.The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. EEO RECORDS AND REPORTS: The contractor shall keep such records as necessary to document compliance with the EEO requirements.Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives.The records kept by the contractor shall document the following: The number of minority and non-minority group members and women employed in each work classification on the project; The progress and efforts being made in cooperation with unions,when applicable,to increase employment opportunities for minorities and women; The progress and efforts being made in locating,hiring,training, qualifying,and upgrading minority and female employees; and The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. NONSEGREGATED FACILITIES: Applicable to all Federal-aid construction contracts and to all related subcontracts of$10,000 or more. By the execution of this contract or subcontract,or the consummation of this material supply agreement or purchase order,all parties certify that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location under its control,where segregated facilities are maintained.The contractor agrees that a breach of this certification is a violation of the EEO provisions of this contract.The contractor further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. As used in this certification,the term"segregated facilities"refers to facilities provided for employees which are segregated by explicit directive,or on the basis of race,color, religion,national origin,age or disability,because of habit, local custom,or otherwise.The only exception will be for the disabled when the demands for accessibility override,(e.g.disabled parking). The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of$10,000 or more and that it will retain such certifications in its files. C-33 C-38 �;� FALSIFICATION OF DOCUMENTS: The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C.231. The contractor or subcontractor shall make the records required available for inspection,copying,or transcription by authorized representatives of the awarding agency or the DOL,and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the awarding agency, HUD or DOL,or all may,after written notice to the contractor,sponsor,applicant,or owner, take such actions as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available may be grounds of debarment action pursuant to 29 CFR 5.12 C-34 C-39 �� Appendix I MATERIAL RECYCLE PACKET C-40 �� 14 CITY OF RANCHO PALOS VERDES C&D MATERIALS ESTIMATE Waste Management Planning for Construction and Demolition (C&D) Projects The attached packet is designed to track the amount of C&D debris diverted or disposed during the life of your project. Its contents are as follows: • Form A is the C&D Project Information. This page asks for basic project information, such as type, description, and contact information. • Form B is the C&D Pre-Project Worksheet. This form allows you to estimate the amount of debris to be generated during the course of your project. Space has been provided to list non-routine items such as draperies and fixtures that may be salvaged during deconstruction of a building. Conversion factors are provided at the end of packet for estimating purposes. • Form C is the C&D Post-Project Summary. This is your method to tabulate actual disposal and diversion activities at the end of your project and must be accompanied with supporting documentation, such as receipts or weight tickets. Forms A and B are to be submitted together at the time of material submittal. Form C is to be submitted at the end of the project, prior to final acceptance of project. If you require assistance in locating a recycling facility for a specific material, there are a number of websites that provide up to date information: • http://www.ciwmb.ca.gov/ConDemo/recyclers • http://ladpw.org/epd/brtap/recyclinasite/index.cfm You may also contact Public Works at 310-544-5245 or pick up a resource list from the Public Works department. Your assistance will help us accurately account for C&D recycling within the City. We look forward to being of service to you and greatly appreciate your time and cooperation. Appendix I-1 C-41 LACITY OF RANCHO PALOS VERDES Public Works Department (310) 544-5252 FORM A-PROJECT INFORMATION Complete this form prior to commencing a building or demolition permit for all municipal projects,or projects on public property. Thisfarmmust beg2Mg&teafand aa= ed ora demo//dbn1bulldingnerMK4#MOTbeflnaHzed The City of Rancho Palos Verdes requires that contractors complete the following Waste Management Plan for the reduction of waste produced from demolition and construction work performed within the City.City staff will provide assistance in developing and implementing the Waste Management Man,If you have any questions regarding these requirements,please contact your Project Manager. Project Name: Project Address: Contractor Name: MallingAddress: City: state: Zip: Phone No.: Fax No.: Email: Project Type: Marts appropriate box in each column with an*V: New Construction Complete Demolition ❑ Renovation ❑ Partial Demolition Land Clearing ❑ Other Estimated Project start Date: Estimated Project End Date: Detailed Description of Project: PIN OFFICE USE OApproval Status ❑Approved ❑Deried ❑Further Explanation Needed ❑Exempt due to Infeasibility Reviewed by Date: *NOTE*There are nine haulers authorized to do business In Rancho Palos Verdes. Please see attached list for contact Information.For contractors who own their own bins,please referto"Recycling and Diversion Facilities Located Near Rancho Palos Verdes"for a Iist of facilities that accept construction and demolition debris. Appendix I-2 Ci-42 m LL O A) E ff m z CD 0 A, E B Z 4 :0 10— A c; c; LU .6 U19 Nm o A + (D Ln cu -d— m 0) Ea IL CD 0 C, pM a SO cc u IL S CD'g 000000 0000 qqC3q 000 q q q Ln q a)00 q CN C3 m�C�0 M CM 0 C4 r.:C3 In 0 M t!I.-w M 0 co 'v �wu-,:�rmw 9 C2 co w cm C4 w 0) . O 16 Z X FE LL. c w CD 9L E w 0 E CL 0 z Q 0 O ami 9 $ >Z M W M r LU 0 0 Lu W LU LL E p8> m >- 'V) kn 0 t UJ rA a .2 C) 4 E Nt w o Vu E = 46 E z 0.0 g w IL 6 :3 a :5 F- cm 'Eh C M 0 M r CL O� ca w lu m It EL oma Lu CL m E 0 a m WOU <ca u L)Q 0 0 WLLLL 03:22 xJFFS2 C-43 IqCITY OF RANCHO PALOS VERDES Public Works Department (310) 544-5252 FORM C - POST-PROJECT SUMMARY Project Name: Project Address: Contractor Name: Date: Within 30 days after completion of your project,provide facility name,material,and total tonnage disposed and/or diverted. Copies of documentation, (I ie.weight tickets)must be attached. If an approved mixed waste processing facility was used,a report by the facility for this project is preferred. Return the completed form to your Public Works Project Manager. You may use additional sheets if necessary. 1.DISPOSAL FACILITIES Please list all disposal facilities(i.e.landfill or transformation)used for this project and enterthe sum of all tickets/receipts per facility: FACILITY NAME Tone CY or Units FACILITY NAME Tons,CY,or unBs Sub Total A It.RECYCLINGIREUS&SALVAGE FACILITIES Please list all recycling facilities or recyclers used for this project and enterthe sum of all ticketstreceipts per facility,by material recycled: FACILITYIRECYCLER NAME MATERIAL Tons CY or Unita Sub Total 113 111.MIXED C&D DEBRIS PROCESSING FACILITIES Please list all approved mixed C&D processing facilities used and enterthe sum of all tickets/receipts per facility: TOTAL TONS FACILITY NAME DELIVERED TONS DIVERTED TONS DISPOSED D Ic e = Please enter disposal and diversion totals for each item below,according to letter. Totals reported must match those listed in Sections 1-III: TOTAL DISPOSED�A+C TOTALDIVERTED I13+13 TOTAL GENERATED +F OVERALL PROJECT DIVERSION RATE[[(F+G)*ioo To the best of my knowledge,the above information is an accurate representation ofthe disposition of the construction and demolition materials generated on the job-site. I understand that the City of Rancho Palos Verdes may audit disposal and recycling documentation for this project. Print Name Signature PW OFFICE USE ONLY Project Name: Project Address: Diversion Requirement Met:F7 Yes El No Final Compliance Report Approved:E] Yes D No Summary Approved by: Date: Appendix I-4 C-44 W Conversion Factors for C&D Reporting W�W M- 1111011 ME/I W111;0AIIEWME Asphalt, crushed 1 cubic foot 45 Asphalt/paving, crushed 1 cubic yard 1,380 Asphalt/shingles comp, loose 1 cubic yard 418.5 Asphalt/shingles comp 400 sq. ft. coverage 7225 Asphalt/shingles comp Square 56.25 Asphalt/tar roofing 1 cubic yard 2,919 Brick, common hard 1 cubic foot 112-125 Brick,whole 1 cubic yard 3,024 Cement, bulk 1 cubic foot 100 Cement,'mortar 1 cubic foot 145 Ceramic tile, loose 6"x6" 1 cubic yard 1,214 Chalk, lumpy 1 cubic foot 75-85 Charcoal 1 cubic foot 15-30 Clay, kaolin 1 cubic foot 22-33 Clay, potter's dry 1 cubic foot 119 Concrete, cinder 1 cubic foot 90-110 Concrete, scrap, loose 1 cubic yard 1,855 Cork, dry 1 cubic foot 15 Earth, common, dry 1 cubic foot 70-80 Earth, loose 1 cubic foot 76 Earth, moist, loose 1 cubic foot 78 Earth, mud 1 cubic foot 104-112 Earth,wet, containing clay 1 cubic foot 100-110 Granite, broken or crushed 1 cubic foot 95-100 Granite, solid 1 cubic foot 130-166 Gravel, dry 1 cubic foot 100 Gravel, loose 1 cubic yard 2,565 Gravel, wet 11 cubic foot 100-120 Appendix I-5 C-45 �.� 1 fmov Mortar, hardened 1 cubic foot 100 Mortar,wet 1 cubic foot 150 Mud, dry close 1 cubic foot 110 Mud,wet fluid 1 cubic foot 120 Pebbles 1 cubic foot 90-100 Pumice, ground 1 cubic foot 40-45 Pumice, stone 1 cubic foot 39 Quartz, sand 1 cubic foot 70-80 Quartz, solid 1 cubic foot 165 Rock, loose 1 cubic yard 2,570 Rock, soft 1 cubic foot 100-110 Sand, dry 1 cubic foot 90-110 Sand,.loose 1 cubic yard 2,441 Sand, moist 1 cubic foot 100-110 Sand, wet 1 cubic foot 110-130 Sheetrock scrap, loose 1 cubic yard 393.5 Slate,fine ground 1 cubic foot 80-90 Slate, granulated 1 cubic foot 95 Slate, solid 1 cubic foot 165-175 Soil/sandy loam, loose 1 cubic yard 2,392 Stone or gravel 1 cubic foot 95-100 Stone, crushed 1 cubic foot 100 Stone, crushed, size reduced 1 cubic yard 2,700 Stone, large 11 cubic foot 100 Appendix I-6 C-46 �.�r Recyclers CHANDLER'S INERT SOLID LANDFILL 26311 Palos Verdes Drive East - Rolling Hills Estates - 310-784-2900 Notes: concrete, asphalt, clay dirt, sand rock ALEXANDER LAND CLEARING,INC 1311 E. Lomita Blvd - Carson - 310-835-0247 Notes: asphalt and concrete CALIFORNIA WASTE SERVICES 621 W. 152nd St. - Gardena - 90247 - 800-839-5550 Notes: Provide roll-off and 3-yard bins for recycling of mixed C&D. JWR 3031 East"I"Street 90744 Wilmington (In Los Angeles) Phone: (562) 590-8531 Fax: (562) 590-8584 Notes: processes mixed construction and demolition debris. (Anticipated to be open to public in fall 2003) LOONEY BINS 1-800-LOONEY BINS(566-6392) Notes: Provide roll-off and 3-yard bins for recycling of mixed C&D. COMMUNITY RECYCLING/RESOURCE RECOVERY 9147 DeGarmo Ave. - Sun Valley- 91352 - 818-767-7511 Notes: mixed construction and demolition debris; cardboard, pallets MASTER RECYCLING CENTER 2845 Durfee Ave. - El Monte - 91732 - 626-350-4404 Notes: dirt; all and any type of C&D materials and/or projects; Public Only DAN COPP CRUSHING CORP. 12017 Greenstone Ave. - Santa Fe Springs - 92670 - 714-777-6400 Notes: clean asphalt and concrete, no dirt, wood, trash, deleterious or hazardous material EARTHSHINE 13633 S. Central Ave. - Los Angeles - 90059 - 714-897-4311 Notes: asphalt and/or concrete mixed with dirt and clean dirt HANSON AGGREGATE(FORMERLY BLUE DIAMOND MATERIAL) 5625 Southern Ave. - South Gate- 90280 - 800-300-6120 Notes: asphalt millings and grindings, concrete block, slump stone BASE MATERIALS, INC. 2121 E. 25th St. - Los Angeles - 90058 - 818-767-3088 Notes: clean concrete and dirt LU MAR INDUSTRIAL METALS COMPANY 2120 N. Alameda - Compton - 323-636-0156 Notes: industrial scrap, all metals, all C&D D&T RECYCLING& SALVAGE 14113 Garfield - Paramount - 562-531-4990 Notes: all scrap metals ! Appendix I-7 C-47 �•I PHILLIPS RECYCLING 6544%2 Cherry Ave. • Long Beach • 562-422-9556 Notes: scrap metals AAA CARPET RECYCLING 5542 West Washington Blvd. • Los Angeles • 90016 • 213-933-3323 Notes: carpet pad CARPET PAD RECYCLING 12030 Sherman Way• North Hollywood • 91605 • 818-503-9454 Notes: carpet/pad DUPONT FLOORING SYSTEM 15651 Saticoy Ct. • Van Nuys • 91406 • 818-374-5243 Notes: carpet . PAD& CARPET RECYCLERS OF AMERICA 7803 Noble Ave. • Van Nuys • 91405 • 818-787-6606 Notes: carpet/pad D&D RECYCLING 1320 West EI Segundo Blvd. • Gardena • 90247 • 310-329-8475 Notes: carpet/pad Reuse Organizations HABITAT FOR HUMANITY-SOUTH BAY/LONG BEACH 4320 Atlantic Ave. • Long Beach • 90807 • 562-427-4663 Notes: like-new construction materials for affordable housing-cabinets, sinks, etc. LOS ANGELES MATERIALS EXCHANGE(LACOMAX) htto://www.lacomax.com 888-CLEAN-LA(253-2652) CALIFORNIA MATERIALS EXCHANGE(CALMAM htto://www.ciwm b.ca.gov/Cal MAX CaIMAX@ciwmb.ca.gov 877-520-9703 Toll Free Appendix I-8 C-48 to Appendix II Plans (Separate) Appendix II C-49 �.� Appendix III City Hall Facility Schedule Regular Business Hours Monday thru Thursday - 7:30 am to 5:30 pm Friday - 7:30 am to 4:30 pm Appendix III C-50 cif Appendix IV Community Development Block Grant (CDBG) Requirements Appendix IV C-51 �N% Appendix V Additional Insurance Requirements INSURANCE REQUIREMENTS FOR OPERATING AGENCY The Contractor shall at all times, during the term of this contract, carry, maintain and keep in full force and effect, insurance policies conforming to the following requirements. The City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy (ies). The Contractor shall provide all requirements pertaining to the "Operating Agency" as noted herein. In order for the Operating Agency to meet its obligations to the community and insure its continuance, the Community Development Commission of the County of Los Angeles ("CDC"), the Housing Authority of the County of Los Angeles ("HA"), and the County of Los Angeles ("County") require that prior to the execution of this contract or as otherwise set forth herein, the Operating Agency must provide evidence that all insurance requirements have been met. Without limiting Operating Agency's indemnifications as set in the attached contract, Operating Agency shall procure and maintain, at Operating Agency's sole expense, for the duration of this contract, the insurance policies described herein. Such insurance shall be secured from carriers admitted in California, or authorized to do business in California. Carriers shall be in good standing with the California Secretary of State's Office and the California Department of Insurance. Such carriers must be admitted and approved by the California Department of Insurance or just be included on the California Department of Insurance List of Eligible Surplus Line Suppliers (hereinafter"LESLI"). Carriers must have a minimum rating of or equivalent to A: VIII in Best's Insurance Guide. Operating Agency shall, prior to the execution of this contract, deliver to the CDC Certificates of Insurance with original endorsements evidencing the insurance coverage required by this contract. The certificates and endorsements shall be signed by a person authorized by the insurers to bind coverage on its behalf. Operating Agency shall provided the Commission with certificates of insurance and applicable endorsements each year during the term of this contract to evidence its annual compliance with the insurance requirements set forth herein. The CDC reserves the right to require complete certified copies of all policies at any time. Said insurance shall be in a form acceptable to the CDC and may provide for such deductibles as may be acceptable to the CDC. Any self-insurance program and self-insured retention must be separately approved by the CDC. In the event such insurance does provide for deductibles or self-insurance, Operating Agency agrees that it will defend, indemnify and hold harmless the CDC, County, and HA, and each of their elected and appointed officers, officials, representatives, employees, and agents in the same manner as they would have been defended, indemnified and held harmless if full coverage under any applicable policy had been in effect. Each policy shall be endorsed to stipulate that the CDC be given at least thirty (30) days' written notice in advance of any cancellation or any reduction in limit(s) for any policy of insurance required herein. Operating Agency shall give the CDC immediate notice of any insurance claim or loss which may be covered by insurance. Operating Agency represents and warrants that the insurance coverage required herein will also be provided by any entities with which Operating Agency contracts, as detailed below. All Certificates of Insurance and additional insured endorsements shall carry the following identifier: Agency Name and Address. Appendix V C-52 The insurance policies set forth herein shall be primary insurance and non contributory with respect to the CDC. The insurance policies shall contain a waiver of subrogation for the benefit of the CDC. Failure on the part of Operating Agency, and/or any entities with which Operating Agency contracts, to procure or maintain the insurance coverage required herein may, upon the CDC's sole discretion, constitute a material breach of this contract pursuant to which the CDC may immediately terminate this contract and exercise all other rights and remedies set forth herein, at its sole and absolute discretion, and without waiving such default or limiting the rights or remedies of the CDC, procure or renew such insurance and pay any and all premiums in connection therewith and all monies so paid by the CDC shall be immediately repaid by the Operating Agency to the CDC upon demand including interest thereon at the default rate. In the event of such a breach, the CDC shall have the right, at its sole election, to participate in and control any insurance claim, adjustment, or dispute with the insurance carrier. Operating Agency's failure to assert or delay in asserting any claim shall not diminish or impair the CDC's rights against the Operating Agency or the insurance carrier. When Operating Agency, or any entity with which Operating Agency contracts, is naming the CDC as an additional insured on any of the insurance policies set forth herein, then the additional insured endorsement shall contain language similar to the language contained in ISO form CG 20 10 11 85. In the alternative and in CDC's sole and absolute discretion, it may accept both CG 20 10 10 01 and CG 20 37 10 01 in place of CG 20 10 11 85. No funds will be advanced, reimbursed, or disbursed until all of the insurance requirements set forth herein have been met. There absolutely will be no reimbursement of costs for the default and cure periods. Exceptions to the insurance requirements as set forth herein, will be granted only on a case by case basis. Prior to the Operating Agency receiving funds, the CDC or the HA will review the activities of the Operating Agency. Those Operating Agencies whose activities present no meaningful exposure to the CDC, the HA and/or the County(as determined solely by the CDC Risk Management Administrator) may have certain insurance coverages waived by the CDC Risk Management Administrator upon the written request of the Operating Agency and approval from the CDC Risk Management Administrator. The following insurance policies shall be obtained and maintained by Operating Agency, and any entity with which the Operating Agency contract, for the duration of this contact, unless set forth otherwise herein: A. GENERAL LIABILITY INSURANCE (written on ISO policy form CG 00 01 or it's equivalent) including coverage for personal injury, death, property damage and contractual liability with limits of not less than the following: General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 The City, CDC, HA, and County, and each of their elected and appointed officers, officials, representatives, employees, and agents (hereinafter collectively referred to as the "Covered Entities"), shall be covered as additional insureds on such policy. If the services provided in relation to this Agreement relate in any way to minors, then this policy shall also include an endorsement for abuse and sexual molestation. Appendix V C-53 ��1% B. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY insurance providing workers' compensation benefits, as required by the Labor Code of the State of California. This must include a waiver of subrogation in favor of Covered Entities. In all cases, the above insurance shall include Employer's Liability coverage with limits of not less than the following: Each Accident $1,000,000 Disease-Policy Limit $1,000,000 Disease-Each Employee $1,000,000 C. CRIME COVERAGE FOR EMPLOYEE THEFT; FIDELITY BOND: If the aggregate budgeted amount for the current fiscal year allotted for the Operating Agency is less than fifty thousand dollars ($50,000), the Operating Agency shall not be required to comply with this section C. If the aggregate budgeted amount for the current fiscal year allotted for the Operating Agency is greater than or equal to fifty thousand dollars ($50,000), then Operating Agency shall be required to comply with the following requirements in this section C: Operating Agency shall procure and maintain, at its sole cost and expense, a fidelity bond covering each employee of Operating Agency, whether or not they are compensated. The fidelity bond may be either a primary commercial blanket bond or a blanket position bond written by an insurer licensed by the California Insurance Commissioner. Borrower shall provide thirty(30)days notice to the CDC prior to cancellation of the fidelity bond. The fidelity bond shall provide a minimum coverage equivalent to the lesser of one million dollars($1,000,000)or fifty percent(50%)of the aggregate budgeted amount for the current fiscal year for the Operating Agency, as set forth in the cumulative Exhibit A budgets. If the Operating Agency experiences an increase in funding during the fiscal year, the crime coverage requirement will be re-assessed and additional coverage be required in the sole and absolute discretion of the CDC. The Operating Agency shall maintain the fidelity bond for the duration of this contract. The fidelity bond may contain a provision for a deductible amount from any loss which, except for such deductible provision, would be recoverable from the insurer. A deductible provision shall not be in excess of ten percent(10%)of the required minimum bond coverage.Any deviation from this fidelity bond section shall require specific written approval by the CDC. D.AUTOMOBILE LIABILITY INSURANCE (written on ISO policy form CA 00 01 or its equivalent) with a limit of liability of not less than one million dollars ($1,000,000)for each incident. Such insurance shall include coverage of all "owned", "hired", and "nonowned" vehicles, or coverage for"any auto."The Covered Entities shall be covered as additional insureds on such policy. E. PROFESSIONAL LIABILITY INSURANCE including coverage for personal injury, death, property damage, and contractual liability in an amount not less than One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) general aggregate. Said insurance shall be maintained for the statutory period during which the professional maybe exposed to liability. The purpose of this insurance is to cover all claims for professional services being provided by Operating Agency and any entity with which Operating Agency contracts, which includes, but is not limited to, services provided by the following professionals: physicians, physician's assistants, nurses, psychiatrists, psychologists, pharmacists, social workers, architects, engineers, and financial counselors. If Operating Agency is not providing professional services, then it is the responsibility of Operating Agency to obtain separate written approval from CDC to eliminate this professional liability insurance requirement as to Operating Agency. F. POLLUTION LIABILITY INSURANCE including coverage for bodily injury, property damage, and environmental damage with limits of not less than the following: Appendix V C-54 �� General Aggregate $2,000,000 Completed Operations $2,000,000 Each Occurrence $1,000,000 Said policy shall also include, but not be limited to: coverage for any and all remediation costs, including, but not limited to, restoration costs, and coverage for the removal, repair, handling, and disposal of asbestos and/or lead containing materials. The Covered Entities shall be covered as additional insureds on the pollution liability insurance policy. If the general liability insurance policy and/or the pollution liability insurance policy is written on a claims-made form, then said policy or policies shall also comply with all of the following requirements: (i) The retroactive date must be shown on the policy and must be before the date of this contract or the beginning of work or services that are the subject of this contract; (ii) Insurance must be maintained and evidence of insurance must be provided for the duration of this Contract or for five (5) years after completion of the work or services that are the subject of this contract, whichever is greater; (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this contract, then the Operating Agency must purchase an extended period coverage for a minimum of five (5)years after completion of the work or services that are the subject of this contract; (iv)A copy of the claims reporting requirements must be submitted to the CDC for review; and (v) If the work or services that are the subject of this contract involve lead based paint or asbestos identification/remediation, then the Operating Agency's Pollution Liability shall not contain any lead-based paint or asbestos exclusions. Operating Agency agrees it will require that, at a minimum, all of the above mentioned insurance requirements, with the exception of the Crime Coverage, are incorporated in its contract with any entity with which it contracts in relation to this contract, or in relation to the property or project that is the subject of this contract. The CDC reserves the right,at its sole and absolute discretion,to amend at anytime the provisions of these requirements. Appendix V C-55 PROPOSAL CITY OF RANCHO PALOS VERDES BLACKHORSE ROAD CDBG ADA PROJECT-Phase 11 (Community Development Block Grant Project#601646-12) 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 fumished 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: The bidder shall submit as part of this proposal a completed copy of the Contractor's'Industrial Safety Record. Accompanying this proposal is (insert) "cash,""CashWs Check" "certified check,"or"Bid Bond,"as the case may be)in the amount equal to at least ten percent(10%)of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Sheets. The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter,defaults in executing the required contract,with necessary bonds and documents,within ten(10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void. Licensed in accordance with an act providing for the registration of contractors, California Contractor's License No. '11601 —, n D to to 3t Iq Signature(s)of bidder: 1� 7:Z 1c, at Iq If an individual,so state. If a firm or co - irm name and give the names of all individual n co-partners composing the firm. If a rporation,state legal name of corporation,also names of president, secretary,treasurer, and manager thereof. Two notarized officer's signatures and the corporate seal are required for corporations. P-1 C-56 Legal Business Name: - eeXSPAL- ,rt'F['deeiz,f07 Address:— :5 a 5(p 2– Ur-4i PA 7-Z � Y Telephone: Contact: Proposals which do not show the number and date of the Bidders License under the provisions of Chapter 9 of Division 3 of the Business& Professional Code will be rejected. To be submitted with each bid to contract for the BLACKHORSE ROAD CDBG ADA PROJECT–Phase 11 (Community Development Block Grant Project#601546-12) Bid Date—V((,/14 This information must include all construction work undertaken in the State of California by the bidder and partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate Information shall be submitted for each particular partnership,joint venture,corporate or individual bidder. The bidder may attach any additional information or explanation of data which bidderwould like to be taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. P-2 C-57 CITY OF RANCHO PALOS VERDES BID SHEET BLACKHORSE ROAD CDBG ADA PROJECT—Phase 11 (Community Development Block Grant Project#601546-12) NAME OF COMPANY: + GE;N✓P-Al- QOGINeyR4 Jh To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Sealed Bids,the undersigned hereby agrees to enter into a contract to furnish all labor, materials,equipment and supplies for the project identified as BLACKHORSE ROAD CDBG ADA PROJECT in accordance with the specifications and plans for demolition,construction and installation in the Contract Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices: Item Estimated Unit Unit Extended No. Description Quantity Meas. Price Amount 1 TRAFFIC CONTROUMOBILIZATION/BMPs 1 LS �a 2 UNCLASSIFIED EXCAVATION 20 Cy q2. '�� 3 REMOVE TREE AND ROOTS; ROOT PRUNING 1 LS 18yo ) SS-6 SF 4 REMOVE EXISTING AND CONSTRUCT SEGMENTAL OF BLOCK RETAINING WALL INCLUDING CMB AND BACKFILL WALL 2.v 10,600 LEGACY BLOCK), 13=10-3/8" 265 FACE 5 BLOCK WALL CAP UNITS, EPDXY IN PLACE,W=24" 47 EA 3fa=+•"t (612- 6 REMOVE EXISTING AND CONSTRUCT 4"PCC SIDEWALK OVER 3"CMB. 350 SF 3;15-0 7 GRADE TO MATCH NEW CONSTRUCTION 1 LS 21500 2� TOTAL BID �3 SCHEDULE 7' J2- TOTAL BID SCHEDULE 1N WORDS: wT' (yr�P3� �`I tftztN�Iv 1I7�I ' P-3 C-58 INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information: (Additional sheets may be attached if necessary.) (1) Address: 33NoZ Yge MA *gLyb gutm— q -132- W-All0g,, c.4 (2) Telephone: (3) Type of firm -Individual, Partnership, or Corporation: (4) Corporation organized under the laws of the State of (5) Contractors license number and class: (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation: PAWL (7) Number of years experience as a contractor in construction work (8) List at least three similar projects completed as of recent date: Contract Amount Class of Work DateCompletedName,Address of Owner, &Telephone No. U1000 §Ivewm-k I Zd-Z,:r2 e-,U Y Af A"C 1-981,P-5 2 2A Z/3 C44A%1-W11J7- .2�;00 C//Y aoe:-- A�,'a (9) List the name and address of such subcontractor who will perform work in or about the work of improvement and indicate what part of the work will be done by each such contractor(if needed, attach additional sheets): NAME TYPE OF WORK ADDRESS P-4 C-59 NAME TYPE OF WORK ADDRESS NAME TYPE OF WORK ADDRESS NAME TYPE OF WORK ADDRESS (10) List the name of the person who inspected the site of the proposed work for your firm: Lh!6N bT--z— (11) NOTE: Upon request of the City, the bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other information. (12) Bidder shall be properly licensed in accordance With Business and Professional Code Section 7028 at the time of the Business and Professional Code shall be considered non-responsive and his bid shall be rejected. P-5 C-60 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code 7028.15] [Public Contract Code 20103.5] I,the undersigned,certify that I am aware of the following provisions of California law and that I,or the entity on whose behalf this certification is given,hold a currently valid California contractor's license as set forth below: Business&Professions Code 7028.95: (a) It Is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore,except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104[now'20103.5]of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section,the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However,at the time of making a bid as a joint venture,each person submitting the bid shall be subject to this section with respect to his or her individual licensure, (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractor to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non- responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any 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. P-6 C-61 (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.: 0478079 1' ll Class: Expiration Date: » ✓ Date: Signature: P-7 C-62 DESIGNATION OF SUBCONTRACTORS Subcontractor's Name and Portion(Percent) License Address and Telephone No. of Total Bid P-8 C-63 w C L d � L O Q v •� L v N C O ^ N O N 0 w V k"'t, O N O R C E N I O 4 DQ N U Z U N. o� W +w O W t/a �'s�- 5 01— v (� •� U. p g Q a' C W to 120. ova " ti �a 0 o ++ N C Di0 :r. La a C .Q w y Om E � O3 > i � w a Z C tl) to O C d1 p 46 � tN� � � 4) OM O' o v ccoma .. c lu-ma 4 �- 0 O wH L C to +fid O +Q 3 ` 0 ,L O gyp" R G fp L LL W . ' "'' L +� N O ... m t�CO OO = t0 p 'a F 46 46 v- %- 0 C C Iw46 S Lr ,5 E -a J i r+ > +C 1a O O Z .a ^. >.r.. r N M tr 1� Q t a+ et 0 N C-64 f Bond No. N/A BID BOND I s KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO I PALOS VERDE ("Public Agency"), has issued an invitation for bids for the work described as follows: BLACKHORSE ROAD CDBG ADA PROJECT- Phase It (Community Development Block Grant Project#601546.12) WHEREAS RG GENERAL ENGINEERING 33562 YUCAIPA BLVD., SUITE 4-132, YUCAIPA CA 92399 (Name and address of Bidder) ("Principal"), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE,we, the undersigned Principal,and THE OHIO CASUALTY INSURANCE COMPANY 790 THE CITY DR. S. STE 200, ORANGE, CA 92868 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California,as Surety, are held and firmly bound unto the Public Agency in the penal sum of TEN PERCENT OF THE AMT. BLD i Dollars($ 10% OF BID AMT• ),being not less than ten percent(10%)of the total bid price,In lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves, our heirs,executors, administrators, successors,and assigns,jointly and severally,firmly by these presents. i THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principel is awarded a contract for the work by the Public Agency and,within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage,then this obligation shall become null and void; ; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys'fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code 2845. P-10 C-65 IN WITNESS WHEREOF,this instrument has been duly executed by Principal and Surety,on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: FEBRUARY 3, 2014 "Principal" "Surety" RG GENERAL ENGINEERING THE OHIO CASUALTY INSURANCE COMPANY By: By: S --- Its C7 P RGAST, ATTORNEY—IN—FACT By: By: Its Its (seal) (seat) Note. This bond must be dated,a#signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. P-11 C-66 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On A 1"3 before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared JEREMY PENDERGAST who proved to me on the basis of satisfactory evidence to be the personkWwhose namewis/aFe-subscribed to the within instrument and acknowledged to me that he/shaMwy executed the same in his/lwx4heir authorized capacit 0#4,-and that by hisAteritheiia signature(s�on the instrument the person(,;or the entity upon behalf of which the person4o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ..� R. 7RA' P" PI WITNESS my hand and official seal. Y COMM77782 a. NOTARY PUsALIFORNIA RNERSIDE couNTY Signature of Notary Public (Notaryseal) my Cotrgn.Expiros June 7,2010 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT Any acknowledgment completed in Calffornla roue contain Verbiage exactly as appears above in the notary section or a separate acknmviedgment form must be properly completed and altached to that document. The only exception is if a document Is to be retarded outside of Califoritia.In such instances,any alientailre (Tide or description of attached document) acknowledgment verbiage as may be printed on suds a document so long as site verbiage does not require the nmary to do something that is Illegal for a notary in California 0e,c nlfydng the authorized capacity of the signer). Please check rife (Title or description of attached document continued) documem carrfal(lr lbr proper notarial wording and attach this farm ifrequired. Number of Pages Document Date State and County information must be the State and County whore the document signers)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signors)personally appeared which must also be the acme date the acknowledgment is completed. (Additional information) • The notary public must prim his or her name as it appears within his or her commission followed by a worms and then your tide(notary public). • Prim the mime(s)or document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY'i HE SIGNER • Indicate the correct singular or plural farms by crossing off incorrect forms(i,c. ❑ Individual(s) hdshd#wy,-is tare)or circling the correct forms.Failure to correctly indicate this intbrmation may lead to rejection of document recording. ❑ Corporate Officer • The rotary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) a Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact 0 Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a dilTerent document. ❑ Other 6 Indicate title or type of attached document,number of pages and date. 0 Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the tide(ie.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA 02.10.07 800-873-9865 www.NotaryClasses.com C-67 'THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.6331221 American Fire and Casually Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That American Fire 8 Casually Company and The Ohio Casualty Insurance Company are corporations duty organized under the laws of the State of New Hampshire,that liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmedcan Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively tailed the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Jeremy Pendergast:Michael D.Stone:Rosemary Nappi all of the city of Riverside stale of CA each individually if there be rare than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings.bonds,rerwgnizances and other surety ob6gatkuis,in pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 281h day of October 2013 y, American Fire and Casualty Company vre The Ohio Casualty insurance Company Liberty Mutual Insurance Company West American Insurance Company S w .a B 2 to 1" STATE OF WASHINGTON as Gregory ft Davenport,Assistant Secretary J COUNTY OF KING = On this 28th day of October 2013,before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American v 0. 00 Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American insurance Company,and that he,as such,being authorized so to do, tl• '8.2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C F- 16.y > IN WITNESS WHEREOF t have hereunto subscribed my name and affixed my notarial seal at Seattle.Washington,on the day and year first above written. 0 C .13 � Q frY w- 0 KD Riley,Not;14 Public C° t0 WC E This PowerofAttomey is made and executed pursuentto and by uftrky offt following Bylaws and Atr#WzWws ofAinedcan Fire and CasualtyCompany,The Ohio Casualty Insurance wore a of Company,liberty Nk><tualInsunanoe Company,and WestAmerlm Insurance Company which resokrikxrs are now in full bice and effect reading as folknws: Q R L ARTICLE IV-OFFICERS-Section 12.Power of Atome.An officer or other official of the Corporation authorized for that 45 y y rpo purpose in writing by the Chairman or the President,aril subject o �< ,:0 to such Imitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, s.d► p C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective V E powers of attorney,shall have full power to bird the Corporation by their signature and execution of any such ktstmments and to attach thereto the seat of the Corporation. When so Ta." }' executed,such instruments shall be as binding as if signed by the President and attested to by Bre Secretary.Any power or authority granted to any representative or attorney-lei-tact under >p the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. of 1t _ ARTICLE All-Execution of Contracts-SECTION S.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, > i aril subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-m-fact,as may be necessary to act in behalf of the Company to make,execute, M pseal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-intact subject to the limitations set forth in their aQ Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company,Whan so 00 executed such instruments shag be as binding as if signed by the president and attested by the secretary. On- O n- Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such F- atiomeys-in•fact as may be necessary to act an behalf of the Company to make,execute,seal,acknowledge and delver as surety any and all undertakings,bonds,recognizences and other surety obligations, Authorization-By unanimous consent of the Corrpanys Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as trough manually affixed. 1.David 1A Carey,the undersigned,Assistant Secretary,ofAmericah Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual insurance Company,and West American insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copyof the PovrerofAttomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this ae day of / 20-7— By: � David M.Carey,Assistant secretary 95 of 500 LMS 12873 092012 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code § 7106] State of California ) County of ely l'12t_ ) ss. City ofVZrt18i I'U' ) The undersigned declares: �y I am the 2tgt=fA'C of f� � j. the party making the foregoing bid. The bid is not made in the interest of,or on behalf of,any undisclosed person,partnership,company, association, organization,or corporation.The bid is genuine and not collusive or sham.The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid.The bidder has not directly or indirectly colluded, conspired,connived,or agreed with any bidder or anyone else to put in a sham bid,or to refrain from bidding.The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,profit,or cost element of the bid price,or of that of any other bidder.All statements contained in the bid are true.The bidder has not,directly or indirectly,submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto, to any corporation,partnership, company association, organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid,and has not paid,and will not pay,any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation,partnership,joint venture,limited liability company, limited liability partnership,or any other entity,hereby represents that he or she has full power to execute,and does execute,this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the tat of California that the forego' g is true and correct and that this declaration is executed on Z [date], at Vt-3M _[city], JA; [state]. Signature Subscribed and sworn to before me on (Date) (Notary Seal) Signature t5t5e ATTAc Notary Public P-12 C-69 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT state of California County of RIVERSIDE On ( before me, R. NAPPI "NOTARY PUBLIC" , (Here basal numtsnd ddeofttae offieer} personally appeared RALPH GONZALEZ who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subsea-bed to the within instrument and acknowledged to me that helshelihey executed the same in l iAcr/their authorized capacity(ies),and that by h-Is/herAheir signatures)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instmment. I certify under PENALTY OF PER!(.)RY under the laws ofthe State of California that the foregoing paragraph is true and correct- R. NAPPI WrrNESS my hand and official seal. COMM.#1977782 NOTARY PUSUC•CALIFORNIA J � RIVERSIDE COUNTY t c fNoary Ad�Ik (N�!'Ste) my Cor1Nn.Expkea Juni 7,2018 ADDMONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCR]PTTON OF THE ATTACHED DOCUMENT Aw oabw ioopewr��in now conoft Awwfy as aba►s N Mr mtary moon or a sgxmmr odn&A*asad,/ana naor be pr'aPrrtY ssrtplttal and quacked w AN dace wet rhe o*esa doo L#'a dooswnm is m by mcordrd oMdik rICdiranaks.to saoh bsnmom aq akenadw (rift or deaedptiott ofsuwl*d document) adwofaa(tnran strbkW at xuy br pd*W on swfi o doamw so I ft ar der mit dour nor rsgnke dt nomy m ob awn din is gh&W br a nomr),in t. (Title adesepnioa ofalmdxid doeumentesotiomd} /gbap►�arnasartuitro►r8 .�auackJb isnrgalrrd Number of Pages Docuinent bale * Sum and Co=V idwmneoo mmt be the soft and Co mty wimae the doeumom s%w(s)pe sataily mpoasedbdu mthe oo a p"e thradmowkdpmmt . Date ornotrbmdoe smut be the due*9 the dpwOa)Oe+sansliy app&vM whkb raft also be donne doe the adxodedyow is oemplele8. (AddWWA inIbrow ion) �'- • 7bt sorry public aa ic ast print bis or ba name as it appears within his or Ger ooemsatsdonfoUowedbyaonmtasawf myon tide(aohnypabtic} Print dX DUN*)of doasnatt akna(a)who petsoonay appar at the UM of nota bollott CAPAcra CLAIMED BY THE SIGNER • IadiCatc tlm or fhud Awmc by esoaM+I of!iaaortort Jurats(ie. ❑ individual(s) iotur�BA��ekdtn&thoaatsmlratm Fadmetooamaiyiodt®ttthic dooKowneutoW ❑ Cogtorate Officer a The nowy real Imp eni�m,�be dw and phoWpapbiwlly tgwodaaelbie tmpresstM ntttlt not Cover text 0lino.if MW impression fawdM%xai if a ffkic) stdadeetsaeapamhs,odm viseoomplacadiifcwacbrowfoftmemform, ❑ Partner(s) of On Public Wig mfeb Tho sijoshae at fele wrhh d w oafae of d*ooimq❑ Attorney-in-FociAO dddonat information is Cotmfu�hon could help to cam this 13TfuS�s) 4 i bowl iypcM doamfau.number adiffamdoeamost. ❑ Other aW date 0 fodiata are tapneity cWmed by the signer.If On dammed capacity is a eagxwme office;ka aft the ado(i.t.CK Cro.seeadsty) • Securely attmda this doaanead to dro sifood docsmad 2oo8 VersionCAPA rI210 o7 b00-frty9865 wttw.NowyCk"=Com C-70 /��\ �� �// / / `�v LiRANCHO / AuOS VERDES PUBI C,WORKS DFRARTMENT ADDENDUM NO.1 TOTHE CONTRACT DOCUMENTS,SPECIFICATIONS, &STANDARD DRAWINGS FOR THE BLACKHORSE ROAD CDBG ADA PROJECT-PHASE U PROJECT#BO15G4^12 In accordance with "Addenda"on page 14 o[the'Instructions to Bidders". the following changes (rswioionn' additiono, mndlnrde|mtiono) as noted ba|ow, are hereby incorporated and made a part of the subject plans, specifications and contract documents for this project. Portions of the Cnnbact, not specifically mentioned in the Addendum, remain in hznue. All trades affected shall bofully advised ofthese revisions, de|ehona, and additions.. This Addendum forms a part of the Contract Documents for the above-identified project and modifies the oriQinm[opecifinotwnoand Contract Documents. Each bidder mbo|| be responsible for ascertaining, prior to submitting a 8id, that it has nooek/ed all issued Addenda and shall ACKNOWLEDGE RECEIPT OFTHIS ADDENDUM INTHE SPACE PROVIDED BELOW, A bidders failure to address the requirements of this addendum or failure to acknowledge the receipt of this addendum may result inthat Bid being rejected uunonresponsive. The subject contract documents are hereby amended mufollows: The latest Federal Wage Decision was issued as ModificationNo.2.dated January 24. 2O14.The attached _ Federal Wage Decision shall supersede the wage decision included|nthe mpecifioa8ono. End ofAddendum No. 1 Any questions regarding this Addendum should be directed to the Pnoj cl Manager, Nicole Jules, P.E. at (310)544O27§. 1,4 Michael Throne Date Director of Public Works I ac Wedge rec. f i endum No. 1 and accept the aforementioned. te Please sign above and include this signed addendum in t7e Zid package. Failure todomomay result in that Bid being relected as non-responsive. Page I of I �� ��—_�x 1 NON-SEGREGATED FACILITIES CERTIFICATION FEDERALLY-ASs1STED CONSTRUCTION PROJECTS The federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT: 1. Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments. 2. Permit his/her employees to perform their services at any location,under his/her control,where segregated facilities are maintained. The federally-assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification,the term segregated facilities means any waiting room,work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,transportation,and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race,creed,color,or national origin,because of habit,local custom, or otherwise. The federally-assisted contractor agrees that(except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files. NOTE:The penalty for making false statements In offers Is prescribed in 18 U.S.C. 1001. Date: t _ _ Project Number. Company: I 4-rti N f t�I NR ,t'2t►J i Address: 33 6-'(oZ YU(A11')-d lkVb kz/')Z - By: �F L Title: � � r C-72 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The Obidder, Oproposed sub-contractor,hereby certifies that he/she Ohas, ❑has not,participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she Ohas, Ohas not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: — - Project Number: ContractAward, $ Awarding Agency: A Contractor Name. tj Total Number of Employees Affiliate Company: 1u 64: By: Title: NOTE:The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1),and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exemptfrom the equal opportunity clause are set forth in 41 CFR 60-1.5(Generally only contracts or subcontracts of$10,000 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1)prevents the award of contracts and subcontracts unless such contractor submits a report coveting the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SF-100(EEO-1)must be tied by; (A)All private employers who are: (1) Subject to Title VII of the Civil Rights Act of 1964(as amended)with 100 or more employees. (2) Subject to Title V11 who has fewer than 100 employees, If the company is owned or affiliated with another company,or there is centralized ownership,control or management so that the group legally constitutes a single enterprise,and the entire enterprise employs a total of 100 or more employees. (a)All federal contractors(private employers),who: (1) Are not exempt as provided for by 41 CFR 60-1.5 (2) Have 50 or more employees,and a. Are prime contractors or first-tier subcontractors,and have a contract,subcontract,or purchase order amounting to$60,000 or more;or b. Serve as a depository of Government funds in any amount,or c. 16 a financial institution,which is an issuing,and paying agent for U.S.Savings Bonds and Notes. C-73 Ewe Community Development Commission County of Los Angeles COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93.0031 CERTIFICATION Name of Firm:_ C? (--tF—KeP?v'tt. % l Nl N fr Address: �J. iP �I.�CI i�} L�� 5U I State: 64 Zip Code: ` Telephone Number. Acting on behalf of the above named firm,as its Authorized Official,I make the following Certification to the County of Los Angeles and the Community Development Commission,County of Los Angeles. 1) It is understood that each person/entity/firm who applies for Community Development Commission contract,and as part of that process,shall certify that they are familiar with the requirements of the Los Angeles County Code,Chapter 2.160(Los Angeles County Ordinance 93-0031)and; 2) That all persons/entdies/firms acting on behalf of the above named firm have and will comply with the County Code,and; 3) That any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract and,shall be liable in civil action,if any lobbyist,lobbying firm,lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with the Los Angeles County and the Commu=y: - fix-9DE ,County of Los Angeles. Authorized Official: fContrac,orlSubconvacror) / iv T— iU le) (Tide) C-74 WORKER'S COMPENSATION CERTIFICATION I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this contract. Date: 2 Project Number: Project Name: Ir /� Company Name: 07 �IENIE gt, {7a Address:_ '0 .1C 1019 1Jgh) rL 7 7 Print Name: ""L GM-2rjl.. Title: Signature: C-75 O LLJm O Ln X4 OF O Ion o Z a W o 1 LA r� V c 0 U d G � � z � w 2 w O a � N p C-76 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMS AWrovalNomberMt-0DJI (sxn DWOOoos) t. FROM(name and address of requesling agency) 2. PROJECT NAME AND NUMBER 3. LOCATION OF PROJECT(City,County and Slate) 4. BRIEF DESCRIPTION OF PROJECT S. CHARACTER OF CONSTRUCTION ❑ Building ❑ Residential ❑ Heavy ❑ Other(specify) ❑ Highway s.WAGE DECISION NO.(include modification number,if any) 7. WAGE DECISION EFFECTIVE DATE ❑ COPY ATTACHED 8. WORK CLASSIFICATION(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S)(if any) 8. PRIME CONTRACTOR(name,address) 10. SU13CONTRACTORIEMPLOYEK IF APPLICABLE(name,address) Check All That A 1 The work to be performed by the additional classification(s)is not performed by a classification In the applicable wage decision. ❑ The proposed classification is utilized in the area by the construction industry. ❑ The proposed wage rate(s),including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage decision. ❑ The Interested parties,induding the employees or their authorized representatives,agree on the classification(s)and wage rate(s). Supporting documentation attached,including applicable wage decision. Check One:i ❑ Approved,meets all criteria. DOL confirmation requested. ❑ One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested. FOR HUD USE ONLY LR2000: Agency Representative Dare (Typed name and signature) Log in: Log out: Rhone Number HUD4230A(M)PREVIOUS EDITION IS 0138METE C-77 EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT TO: (Name of Labor Union.Workers Representeuve,etc (Address) Name of Business (contractor): Project Name: Project Number: The Undersigned currently holds a contract with , involving funds of the U.S.Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract,and in accordance with Executive Order 11246,the undersigned is obligated not to discriminate against any employee or applicant for employment because of race,color,religion,sex or national origin. This obligation not to discriminate in employment includes,but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment,advertising or solicitation for employment; 3. Treatment during employment; 4. Rates of pay or other forms of compensation; 5. Selection for training,including apprenticeship; and 6. Layoff or termination. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the u dersigned in conspicuous places available to employees or applicants for e By: (Print Nam) mate) —^ ,Tide) C-78 First Amendment to Agreement between the City of Rancho Palos Verdes and Merit Civil Engineering, Inc. This agreement is an amendment ("Amendment") to the on-call civil engineering services agreement between the City of Rancho Palos Verdes ("CITY") and Merit Civil Engineering, Inc. ("CONSULTANT"), dated September 18, 2012 ("Agreement"). This Amendment is effective as of June 19, 2012, and is being made to require the payment of prevailing wages. Section 1. Section 2.1 of the Agreement is hereby amended to read as follows: "Upon CITY's request, CONSULTANT shall submit a proposal for a particular project, including a scope of work and total cost for services ("Proposal"). Once CITY accepts a Proposal as submitted or amended and issues a written Notice to Proceed therefor, CITY agrees to compensate CONSULTANT in accordance with the total cost for services listed in the Proposal, and in any case an amount not to exceed twenty-five thousand dollars ($25,000)for a single service and sixty thousand dollars ($60,000) per fiscal year for services as described in Article 1. On-call services that are reimbursed by a trust deposit shall not count towards the maximum amounts CONSULTANT shall be paid for such services. If the CITY requests any work that is beyond the scope of work listed in the Proposal, the CITY and CONSULTANT shall negotiate the scope of work and fees for this extra work in accordance with CONSULTANT's Schedule of Fees, which is attached hereto as Exhibit "A" and incorporated herein by this reference, up to the twenty-five thousand dollars ($25,000) for a single service maximum amount. Upon mutual agreement of the scope of work and fees, the City shall issue a written Notice to Proceed therefor. The rates in Exhibit "A" shall remain in effect through at least June 19, 2013. Thereafter, if CONSULTANT wishes to increase the rates set forth in Exhibit 'A" CONSULTANT shall give CITY ninety (90) days prior written notice of the rate increase. CITY and CONSULTANT acknowledge that the projects pursuant to this Agreement are public works to which prevailing wages apply and the rates in Exhibit "A" reflect those wages. The Terms for Compliance with California Labor Law Requirements is attached hereto as Exhibit "B" and incorporated herein by this reference." Section 2. Except as expressly amended by this amendment to the Agreement, all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. R6876-0001\1349509v1.doc C-79 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first above written. Dated: MERIT CIVIL ENGINEERING, INC. ("CONSULTANT") By: Printed Name: Title: By: Printed Name: Title: CITY OF RANCHO PALOS VERDES ("CITY") By: Mayor ATTEST: By: City Clerk R6876-0001\1349509v1.doc C-80 Municipal Engineering Land Surveying Infrastructure February 24, 2014 Mr. Nicole Jules Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 Subject: Field Engineering Services Proposal—Blackhorse Road ADA Ramp Improvements—Phase II In response to the Request for Proposal, Merit Civil Engineering is pleased to submit our proposal to provide field engineering services for the Blackhorse Road ADA Phase II ramp project. This proposal will outline our recommendation for inspection activities for the project, proposed scope of services, schedule and the level of coverage anticipated. PROJECT UNDERSTANDING The Blackhorse Road CDBG ADA Phase I project included four access ramps that located at the intersection of Hawthorne Boulevard and Blackhorse Road. The Phase II project will complete the improvements with the installation of a bus stop and landscaping. The locations presents traffic control challenges during the construction and a traffic control plan is included in the plan set. The Phase II work will be primarily along Hawthorne Blvd. and be subject to intermittent access issues. It will be important to ensure the contractor provides adequate traffic control and access during work hours. The following activities are recommended to manage the ramp construction: • Adequate BMP installations to control surface water and construction debris • Effective traffic control monitoring • Traffic signal modification inspection • Site and construction inspection on a full time basis including daily reports • Construction staking • As built drawings in PDF format. The contract time for the ramp project is 15 working days. I believe the number of days that will require full time inspection will probably be 13 or so with minimal coverage on some of the days. Therefore, the inspection time estimated to establish a budget for the actual inspection of the project is 13 days at 6 hours per day and 4 hours for 2 days. I plan to be the Construction Manager and primary Inspector with Joe Buckner, P.E., P.L.S.assigned as the fill-in inspector,if needed. Construction surveys will be needed and are part of this proposal. An estimated 8 hours are anticipated to Merit Civil Engineering, Inc. Office: (949)428-1500 20280 Acacia Street, Suite 100 Fax: (949)258-5053 Newport Beach,Ca 92660 C-81 Proposal to City of Rancho Palos Verdes Blackhorse Road ADA Phase II Ramps February 24, 2014 Page 2 of 2 complete the various staking elements and are included in the estimated fee. These hours may be kept separate from this authorization if desired by the City. SCHEDULE The pre-construction meeting will be the first activity followed with any coordination necessary with the utility companies. COMPENSATION The proposed total Not-to-Exceed fee for the above-described services is detailed on the attached Fee Breakdown spreadsheet. The total Not-to-Exceed fee is$ 14,129.00 Incidental costs relative to the assignment for office supplies,travel, phone calls, etc. are included in the above quoted Not-to-Exceed fee. We look forward to assisting you on this assignment. Please contact me with any questions you may have. Respectfully, MERIT CIVIL ENGINEERING,INC. Robert Merrell, P.E. President 2 Merit Civil Engineering, Inc Merit Civil Engineering,Inc C-82 . � C14 2 - u % kC uj LLJ 7 3 \ � 2 E d CO 3 ¥ ƒ / c . a _ � �. .. . / 2 mG G __ i _ / / , 3 cocoon - - � CL k7 . E / __ _ e / 0 � c�& / / E 2 ca LO 00 00 q � � c \ q C-4 04 � 2 O m k64 w k0o / z � Q m § D � G@ » � cl 0z _ z LU m LO UZ b 7 CD a k 4 00 a ¢ � I_ _ V) 2R LU LU orf � © a � co 619m k 0 q . CI) / /k tm u « ¢ / � . � $ �LU \ k ai U Uca ) q) - \ / < E § t» r « b $ ® ■ - foo e cc § rw . 8100 m Q (D _ 2LLm 0 0- E @www 0 3 S I . 0 C.) m C-S3 MERIT CIVIL ENGINEERING, INC. STANDARD SCHEDULE OF HOURLY RATES (Effective July 1, 2013 to June 30, 2014) Classification Hourly Fee Rate ENGINEERING Principal Engineer 170.00 Project Manager 170.00 Project Engineer(CADD) 148.00 Design Engineer(CADD) 130.00 Drafter(CADD) 108.00 Technical Aid 90.00 SURVEYING/RIGHT OF WAY ENGINEERING Survey Analyst 155.00 Two-man Field Crew 245.00 REAL PROPERTY SERVICES Licensed Surveyor 170.00 CONSTRUCTION SERVICES Construction Administrator 170.00 Sr.Construction Inspector 110.00 Assistant Inspector 95.00 OTHER SERVICES Clerical 82.00 Miscellaneous supplies, local travel and other indirect project expenses are included in the above hourly rates. The above schedule is for straight time. Overtime will be charged at 1.25 times the standard hourly rates. Sunday and holidays will be charged at 1.70 times the standard hourly rates. All classifications are in compliance with Prevailing Wages Rates. C-84 Exhibit "B": TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. Merit Civil Engineering, Inc. ("Consultant") acknowledges that the projects pursuant to the on-call civil engineering services agreement between the City of Rancho Palos Verdes ("City") and Consultant, dated September 18, 2012 ("Agreement"), to which this Terms for Compliance with California Labor Law Requirements is attached and incorporated by reference, are "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Consultant shall perform all work on the project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described-in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200)for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 5. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 7. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. R6876-0001\1349509v1.doc C-85 Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25)for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. 8. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant 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 I will comply with such provisions before commencing the performance of the work of this contract." 9. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 10. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive termination of the Agreement. R6876-0001\1349509v1.doc C-86 Exhibit "B": Community Development Commission County of Los Angeles COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93-0031 AERTITIC TION Name of Firm: Address: 2c7o A State: Zip Code: G Telephone Number: ( M) Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the County of Los Angeles and the Community Development Commission, County of Los Angeles. 1) It is understood that each person/entity/firm who applies for a Community Development Commission contract,and as part of that process,shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031)and; 2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 3) That any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with the Los Angeles County and the Community Development Commission, County of Los Angeles. Authorized Official: / 2 ") -(e, (3,J By: .40 i°11.,!" / (Contractor/Subcontr c r) (Signature) ( te) r (Title) R6876-0001\1410334v2.doc I w Exhibit "C": FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Name of Firm: Abkq— Date: L Address: .2O State: Zip Code: Phone No.: re-7 ' ,VZrF .woe Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the Department of Housing and Urban Development (HUD) and the Community Development Commission, County of Los Angeles: 1. No Federal appropriated funds have been paid, by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and; 2. If any funds other than Federal appropriated funds have paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions, and: 3. The above name firm shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. Authorized 0 icial: Name: /j/i/t(AA . Title: .e--r'r-ge-f--(- Signature:_444-7-14Date: /.3G/4K Federal Lobbying Requirements Certification Form Revised 09/30/05 R6876-0001\1410334v2.doc