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Concept Consultant Inc Dec 2015
RECORDING REQUESTED BY: City of Rancho Palos VerIII al1 4I0 WHEN RECORDED MAIL TO: 1111 r 1 Name City Clerk l512016 Street Clty,of Rancho Palos Verdes Address 30940 Hawthorne Blvd. City Rancho Palos Verdes State CA *20160515 Zip 90275 833* 1' J _ Space above this line for recorder's use 7 OLCOTTS FORMS INC. SINCE 1893 NOTICE OFCOMPLETION Notice pursuant to Civil Code Section 3093,must be tiled within 10 days after completion. (See reverse sid f r Notice is herebygiven that: e o complete requirements.) 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in ther p operty hereinafter described. 2. The full name of the owner is ri ty of Rancho Palos Verdes 3. The full address of the owner is 30940 Hawthorne Blvd. , Ranc o alos Verdes eh 4. The nature of the interest or estate of the owner is: In fee. (If other than Fee,strike in fee'and insert,for example.'purchaser under contract of purchase,'or'Lessee') 5. The full names and full addresses of all persons,if any, who hold title with the undersigned as joint tenants or as tenants in common o are. NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned, if the propertywas transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed oo2/28/16 .The work d n Grayslake Road Drainage ImprovemenProject o e was: 8. The names of the contractor, if any,for such work of improvement was Concept Consultant, Inc. (If no contractor for work of improvement as a whole,insert•None) (Date of Contract) 9. The property on which said work of improvement was completed is in the City of Rancho Palos Verdes County of_ Los Angeles ,State of CA ,and is described as follows: R.0.W. Easement ' 10. The street address of said property is 26605 Grays lake Road (If no street address has been officially assigned,insert-none.) • Dated c&IE.. 4144,/ ,LQ.J2- 1/4.—... (Signature of Owner or corporate officer of Owner named in paragraph 2,or his agent) City of Rancho Palos Verdes VERIFICATION I,the undersigned,say:I am the City Clerk ,the Declarant of the foregoing Notice of Completion; (President of,Manager of,Partner of,Owner of.etc.) p On, I have read said Notice of Completion and know the contents thereof;the same is true to my own knowledge. I declare under penalty of perjury that the oregoing is true and correct. I/ Executed on V6 / , ,20 !at ; , • , • ' . los' Verdes _ ', Allrile.4 //.__MagiWir,,, ____A.... (Personal signature of the individual who is swe.ring that the.#'ants of the Notice of Completion are true) Before you use this form fill in all blanks, and make whatever chanes are appropriate and necessa ` i' to your particular transaction. Consult a lawyer if you doubt the form s fitness for your purpose and use �;i ii,' 11111111 Wolcotts makes no representation or warranty, express or implied, with respect to the merchantability 11 or fitness of this form for an intended use or purpose. ©2005 WOLCOTTS FORMS,INC. '1 6777 S 01114 2 FORM 1114 Rev. 10-05 DO NOT RECORD THIS PAGE REQUIREMENTS AS TO NOTICE OF COMPLETION Notice of completion must be filed for record WITHIN 10 DAYS after the completion of the work of improvement (to be computed exclusive of the day of completion) as provided in Civil Code Section 3093. The "owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may signedbyany be one of the co-owners (in fact, the foregoing form is designed for- giving orgiving of the notice by only one co-tenant), but the names and addresses of the other co- owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors. In paragraphs 3, 5 and 6, the full address called for should include street number, city, county, and state. As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words "A work of improvement" from paragraph 7 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., "The foundation for the improvements"); (2) Insert the name of the contractor under the particular contract in paragraph 8. In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need to given if there is no general contractor, e.g. on so- called "owner-builder jobs." In paragraph 9, insert the full, legal description, not merely a street address:. or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached. In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority. • • - , This page is part of your dowmeilt-DO NOT DISCARD °F °�� IIUUIHIII201II6II 0II5I I 1I II5I I 8I II3II 3II II P00 : k9,11:fReRceooredYesdffFedfloLrOAellReeCdusnty, �4roaM� 05105/76 AT 01:09PM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 ll l I I III H I IIIIIIIIIIIIII IIIIIINIIIII I IN H II II li L EA DSNEET VII I I II I III 111111 III I III IIII nil II II 11111111111 III 201605053330010 00012052266 III ISn06II I 10 In SEQ: 01 DAR - Counter (Upfront Scan) 11111111 1101010 IIS q 1111 III 01111 1111I N�ISI II 0110 10111111 111111 - IlI0II�IIIIIIIIIINIIIIIIIIIIIIIIII11nIINIIIIVnIM11IIIII111IN1 THIS FORM IS NOT TO BE DUPLICATED - CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT GRAYSLAKE ROAD DRAINAGE IMPROVEMENTS THIS AGREEMENT ("Agreement") is made and entered this 15 day of December , 2015, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Concept consultant,Inc. ("Contractor"). Contractor's license number is 982335 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 the Grayslake Road Drainage Improvements, as described in this agreement and in the Contract Documents (including Notice Inviting Bids, the Instructions to Bidders, the Proposal, this Public Works Agreement, the General Provisions, the Special Provisions, Appendices I through V, the Plans and all addenda prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents),which are attached hereto as Exhibit"A"and incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be performed in accordance with the 2015 edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook") published by Public Works Standards Inc. (collectively "Standard Specifications"), which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. 2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for under written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 4. Time. Time is of the essence in this Agreement. 5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice. 6. Compensation. In consider tion of the servie s re tiered hereunder, City shall pay Contractor h seventeen thousand mne one ars a not to exceed amount o lo`uars ($117,990 ) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit "B" and incorporated herein by this reference. 7. Payments. City shall make payments within thirty (30)days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment C-2 request determined not to be a proper payment request as soon as practicable, but not later than seven (7)days after receipt, and shall explain in writing the reasons why the payment request is not proper. A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However, progress payments shall not be made in excess of ninety-five percent (95%)of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold not less than five percent (5%) of the Agreement price until final completion and acceptance of the Project. However,at any time after fifty percent(50%)of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual work completed. 8. Substitute Securktv. 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. 9. 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 the Contractor's Proposal,attached hereto as Exhibit"B"and incorporated herein by this reference. 10. Audit.The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested C-3 by the City.Additionally, 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. 11. 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 not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, 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. 12. Termination. This Agreement may be canceled by the City 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 as determined by the City,and such payment shall be in full satisfaction of all services rendered hereunder. 13. Indemnity. A. Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend, indemnify,and hold harmless the City,its elected officials,officers,employees,volunteers, agents,successors, assigns, and those City agents serving 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-4 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, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee'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: 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); and Additional Insured Endorsement(Excess Liability). 15. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C.Sec. 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. 16. Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any: material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; subsurface or latent physical conditions at the site differing from those indicated;or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The City shall promptly investigate the conditions, and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor's cost of or the time required for performance of any part of the work, the City shall issue a change order. 17. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. C-5 18. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are 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. 19. 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. 20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's work. 21. Workers' Compensation. 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. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 24. Debarred. Suspended or ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. C-6 25. 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. 26. 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. 27. 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 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. 28. Conflicts of JnterQst.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. 29. 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. 30. Non-Assictnability; 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. 31. 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. 32. 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. 33. 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. 34. 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. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. C-7 35. 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. 36. 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. 37. 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: Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONTRACTOR: The address listed in Exhibit"B", Contractor's Proposal. 38. Counterparts. This Agreement may be executed in counterpart originals,duplicate originals, or both, each of which is deemed to be an original for all purposes. 39. 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. IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. C-8 CITY OF RANCHO PALOS VERDES By: _ .y. ATTEST- APPROVED AS TO FO' : City Clerk City Attorney Dated: /*A Concept Consultant,Inc. ("CONTRACTOR") B y: . Printed Name: Nick Sammadi Title: President By: Printed Name: Nick Samrnadi Title: Treasurer C-9 INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES PUBLIC WORKS CONTRACT The Contractor shall at all time during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, lose, or damage as a result of wrongful or negligent acts by the Contractor,its officers,employees,agents,and independent contractors in performance of services under this Agreement; (2)property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance with a minimum combined single limits coverage of $1,000,000.00; and (4) workers' compensation insurance in the amount required by law. The City, its officers,employees,attorneys, and volunteers shall be named as additional insured on the policy(ies)as to comprehensive general liability, property damage, and workers' compensation coverages. 1. Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California, or carriers with a rating of, or equivalent to, A:V1I by A.M. Best&Company. Any deviation from this rule shall require specific approval, in writing,from the City. 2. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced,or otherwise modified(except through addition of additional insured to the policy)by the insurance carrier without the insurance carrier giving the City thirty(30) days prior written notice thereof. The Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage. 3. 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 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 the Contractor. 4. The Contractor shall submit to the City (1) insurance certificates indicating compliance with the minimum workers' 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-10 Bond No. 5_839 Premium Included with Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to Concept Consultant, Inc. - 1220 Manning Ave.,#13, Los Angeles,CA 90024 (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: GRAYSLAKE ROAD DRAINAGE IMPROVEMENTS Project No. 021516 WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to file a good and sufficient payment bond with the Public Agency to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and SureTec Insurance Company 3033 5th Ave.,Ste. 300,San Diego, CA 92103 (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 subcontractors, laborers, material persons, and other persons employed in the performance of the Contract in the penal sum of One Hundred Seventeen Thousand Nine Hundred Ninety&no/100 Dollars ($ 117,990.00 ) (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 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, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the Penal Sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all 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. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this bond, and it C- 11 does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. 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: December 28,2015 "Principal" "Surety" Concept Consultant, Inc. SureTec Insurance Company By: By: Itsled Its Da• • Noddle,Attorney in Fact By: By: Its Its (Seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM: AMOUNT ALESHIRE &WYNDER, LLP By: By: Insurance Administrator 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- 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of Los Angeles DEC 282015 On before me, A. Bisordi , Notary Public personally appeared David Noddle who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. A.BISORDI �� . NOTARY PUBLIC•CALIFORNIA WITNESS my hand and official seal. � LOS ANGELES COt�NTY ti�� ���� 0- ) COMMISSIONS 2111128 ~ MY COMM.EXPIRES MAY 11,2019 i��u J Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Title or Type of Document ❑ PARTNER(S) Number of Pages LI MEMBER of LLC El ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR Date of Document OTHER: SIGNER IS REPRESENTING: Signer(s)other than named above NAME OF PERSON(S)OR ENTITY(IES) POA#: 510010 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint David Noddle its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and.duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 05/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. 0 0,„► , SURETEC INSURANCE COMPANY 4Nc 44, e------... est itLum _....,0,. � By: �� tit w�►4► A John rox Jr. 'resident State of Texas ss: �, ... .1 Y County of Harris .... e On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. r."11'.." 1"."1-1".""1".''''''oeu,94,,, JACQUELYN MALDONADO Notary Public /�State of Texas 'My Comm.Exp.5/18/2017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. DEC 2 8 2015 Given under my hand and the seal of said Company at Houston, Texas this day of ,A.D. f if .Bre i t Beaty,Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. Premium for contract term �s and is subject to adjustment coaced Onfinalntract price. Bond No. 5208839 PERFORMANCE BOND Premium:$2,770.00 KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to Concept Consultant,Inc. - 1220 Manning Ave.,#13,Los Angeles,CA 90024 (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: GRAYSLAKE ROAD DRAINAGE IMPROVEMENTS Project No. 021516 VVHEREAS, Principal is required under the terms of the Contract to file a good and sufficient performance bond with the Public Agency for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and SureTec Insurance Company 3033 5th Ave., Ste. 300,San Diego,CA 92103 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of One Hundred Seventeen Thousand Nine Hundred Ninety Dollars ($ 117,990.00 ) (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 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, employees, and others as therein provided, 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, in addition to the Penal Sum, all 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. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or modification to the terms of the Contract or to the work or to the specifications thereunder. 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-13 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: December 251, 2015 "Principal" "Surety" Concept Consultant, Inc. SureTec Insurance Company D / By: By: Its Ali ,v1i�,D' ~den/ Its id dle,Attorney in Fact By: By: Its Its (Seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM: AMOUNT ALESHIRE &WYNDER, LLP By: By: Insurance Administrator Public Age cy ttorney 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- 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of Los Angeles On DEC 2 8 2015 before me, A. Bisordi , Notary Public personally appeared David Noddle who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY f WITNESS my hand and official seal. ti COMMISSIONS 2111128 — MY COPIRES MAYMM.EX11,2019 r _ ,, mri Signature of Nota OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT LI INDIVIDUAL ❑ CORPORATE OFFICER Title or Type of Document ❑ PARTNER(S) Number of Pages ❑ MEMBER of LLC ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) LI GUARDIAN/CONSERVATOR Date of Document OTHER: SIGNER IS REPRESENTING: Signer(s) other than named above NAME OF PERSON(S)OR ENTITY(IES) POA#: 510010 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint David Noddle its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and.duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 05/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec-Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. . ,�,aAN„,� SURETEC INSURANCE COMPANY :,;:rclst „c,l X/'9 .,;o,I By: �� w s Lu i n John rox Jr. 'resident State of Texas ss: f,t , �c Z.t. County of Harris / On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. ��ocous�, JACQUELYN MALDONADO _�� . Notary Public State of Texas 41e0F# My Comm.Exp.5/18/2017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under mY hand and the seal of said Company at Houston, Texas this day of DF£ 2 8 _115 ,A.D. f IF .Bre i t Beaty,Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. 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 insureds and that the same are in force at this time: 1. This certificate is issued to: City of Rancho Palos Verdes City Hall 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 2. The insureds under such policy or policies are: 3. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: Policy Number Effective Date Expiration Date 4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits of liability, unless and until thirty days'written notice thereof has been served upon the City Clerk of the City of Rancho Palos Verdes By: Its Authorized Representative C- 15 POLICYHOLDER COPY SC STATE P.O. BOX 8192, PLEASANTON, CA 94588 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-29-2015 GROUP: POLICY NUMBER: 9070420-2015 CERTIFICATE ID: 14 CERTIFICATE EXPIRES: 08-31-2016 08-31-2015/08-31-2016 CITY OF RANCHO PALOS VERDES SC JOB:GRAYSLAKE ROAD DRAINAGE IMPROV.P.N021516 GRAYSLAKE ROAD 30940 HAWTHORNE BLVD CITY OF RPV RANCHO PALOS VERDES CA 90275-5351 CA 90275 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form apprdved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance of forded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. /Z7-01 . , . € Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2015-12-29 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF RANCHO PALOS VERDES ENDORSEMENT #1600 - SAMMADI, NICK P,S T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-31-2015 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER CONCEPT CONSULTANT, INC. SC 4220 MANNING AVE APT 43 LOS ANGELES CA 90024 [P19,SC] REV.7•2014) PRINTED : 12-29*2015 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. 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 C-16 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 12/30/2015 Signature 1: /ice g ..� Date 12/30/2015 Signature 2: 4/h. C-17 ® DATE(MM/DD/YYYY) ACORN CERTIFICATE OF LIABILITY INSURANCE 01/05/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Neda Hekmat House of Insurance Sales PHONE FAX 23276 S Pointe Drive Suite 103 .Ext): (949)707-7777 (NC,No):(949)707-5051 E-MAIL Laguna Hills,CA 92653 ADDRESS: neda.hekmata@houseofinsurance.com License#: 0744226 INSURER(S)AFFORDING COVERAGE NAIC• INSURER A: Security National Insurance Company INSURED INSURER B: AAA Concept Consultant Inc. INSURER C: 1220 Manning Ave Unit 13 INSURER D: Los Angeles, CA 90024 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-67486 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY NAI0646830-2 08/20/2015 08/20/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY li a LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: $ B AUTOMOBILE LIABILITY CAA062388584 01/27/2015 01/27/2016 EO acBINdED SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS X AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Name of the project:Grayslake Road Drainage Improvements Project#021516 Owner :City of Rancho Palos Verdes Owner's address :The City of Rancho Palos Verdes Public Works Department (continued on ACORD 101 Additional Remarks Schedule) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Rancho Palos Verdes THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 30940 Hawthorn Blvd. AUTHORIZED REPRESENTATIVE Rancho Palos Verdes,CA 90275-5391 (SSS) ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Printed by SSS on January 05,2016 at 04:25PM AGENCY CUSTOMER ID: 00000000 LOC#: ACCORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED House of Insurance Sales Concept Consultant Inc. POLICY NUMBER N/A CARRIER NAIC CODE Multiple Carriers EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations) 30940 Hawthorn Blvd. Rancho Palos Verdes,CA 90275-5391 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by SSS on January 05,2016 at 04:25PM INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: Concept Consultant,Inc. Indemnitor(s) (list all names): Njck.Samtnadi To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify,and hold harmless the City of Rancho Palos Verdes and its elected officials,officers,attorneys, agents, employees,volunteers,successors,and assigns(collectively"Indemnitees")from and against any and all damages, costs,expenses,liabilities,claims,demands,causes of action,proceedings,expenses,judgments,penalties,liens, and losses of any nature whatsoever, including fees of accountants,attorneys,or other professionals and all costs associated therewith(collectively"Liabilities"),arising or claimed to arise,directly or indirectly,out of,in connection with,resulting from,or related to any act,failure to act,error,or omission of indemnitor or any of its officers,agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above- referenced contract,agreement, license,or permit(the "Agreement")or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. 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. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which 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,and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a)or(b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, 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, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior,concurrent,or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor,then all obligations, liabilities,covenants and conditions under this instrument shall be joint and several. "Indemnitor» Name Sammadi � Name 1,7il'AV/ By: t By: /c 6c'iV Y Its Its C-18 ADDITIONAL INSURED ENDORSEMENT-COMPREHENSIVE GENERAL LIABILITY ...CrInc Name and and -•tress of named insured("Named Insured"): txL_ • C r‘e‘i,%? • Name and a••ress of Insurance Company("Company"): General description of agreement(s). permit(s), license(s), end/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. T he75ii/eaVeh Odet ("Public Agency"), its..A1 ted officials, officers, attorneys, agents. employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal. except after written notice to Public Agency,by certified mail, return receipt requested,not less than thirty (30)days prior to the effective date thereof In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 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. C- 19 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 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 FRomiro LIABILITY - — -, r , - at - 7 r; 1 -0,77)/ I'0 \, P* tk / 11_ Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: / g Contractual Liability i Explosion Hazard ..-: Owners/Landlords/Tenants .7.1 Collapse Hazard Manufacturers/Contractors 7 Underground Property Damage /Products/Completed Operations Pollution Liability Broad Form Property Damage Liquor Liability Extended Bodily Injury 2. Broad Form Comprehensive General Liability Endorsement 12, A_ deductible or 7.1 self-insured retention(check one)of$ NOr•r, applies to all coverage(s)except: (if none, so state). The deductible is applicable Gyi)er claim or:-, per occurrence(check one). 13. This is an .;,ikcurrence orT..--.',claims made policy(check one), 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number _. I, 4 ,L.--4.-:.0, ';-- - (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 " r.:;:i. i a-\ i t---- 20 ', -) / ..._ .„--,., - Signature of '41thor. --- Representative i (Original Atha f/ 9nly;no facsimile signature Telephone No.: (\t-i.'-'i ) 4 04- 4,4 1r 4- or initialpd s natye accepted) C-20 ADDITIONAL INSURED ENDORSEMENT-AUTOMOBILE LIABILITY k• Name and address of named insured("Named Insured): V- c\s- 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 A A (*Public Agency").its eleas orirals,officersattorneys.agents,employees,and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured, The Additional insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provded by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty(30)days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. B. 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 C-21 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 - iHcrecxzci (afn,„Itr.)0 • 11 Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: 1 Any Automobiles Truckers Coverage I AU Owned Automobiles Motor Carrier Act Non-owned Automobiles Bus Regulatory Reform Act Hired Automobiles Public Livery Coverage Scheduled Automobiles Garage Coverage 12. A t,;deductible or n self-insured retention(check one)of$ applles to ail coverage(s)except: (if none. so state). The deductible is applicable G per claim or C per occurrence(check one). 13. This is an tv occurrence or claims made policy(check ono 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 oind the Company. Executed 20 Signature of horize. -presentative (Original sic; ature no facsimile signature Telephone No.: (cALket )1C1LTML-- or initialed "nat.re accepted) C-22 .4f);,-., ENDORSED - FILED in the office of the Secretary of State of the State of California JUL 1 5 2009 ARTICLES OF INCORPORATION OF CONCEPT CONSULTANT, INC. The undersigned, being over the age of eighteen years, in order to form:a corporation pursuant to the provisions of the California Corporations Code, hereby certifies as follows: I. NAME The name of the corporation, hereinafter referred to as the"Corporation," is CONCEPT CONSULTANT, INC. II. PURPOSE The purpose of the corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. III. INITIAL AGENT • The name and address of the initial agent for service of process: NICK SAMMADI 1220 Manning Ave. Unit#13 Los Angeles, CA 90024 IV. SHARES The corporation is authorized to issue only one class of shares, having a total number of 1,000 shares. All or any part of said shares may be issued by the corporation from time to time and for such consideration as may be determined upon or fixed by the Board of Directors, as provided by law. V. DIRECTORS The liability of directors of the corporation for monetary damages shall be eliminated to the fullest extent permissible under California law. 1 VI. NO PREFERENCES, PRIVILEGES, RESTRICTIONS No distinction shall exist between the shares of the corporation or the holders thereof. EXECUTION IN WITNESS WHEREOF, the undersigned,who is the incorporator, has executed these Articles of Incorporation on N.../f..42' /3 , 2009 _______._.4...____.._#__---- ,,...--)--,,,-,;,; - ' .1.---------, - NICK SAM ator �-1cN, (c:/:(-, ;:itat S; j�ifs�' 'M�kL�,���orkc5� s V.:,$),;,,,tkl, ,c,<, 2 CERTIFICATE OF SECRETARY OF ADOPTION OF BYLAWS OF CONCEPT CONSULTANT, INC. BY FIRST DIRECTOR(S) I DO HEREBY CERTIFY AS FOLLOWS: That I am the duly elected, qualified and acting Secretary of the above named corporation, that the foregoing Bylaws were adopted as the Bylaws of said corporation on the date set forth above by the.person(s) named in the Articles of Incorporation as the First Director(s)of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal on Nick Sammadi , Secretary 29 BYLAWS OF CONCEPT CONSULTANT,INC. ARTICLE I OFFICES AND AGENTS Section 1. PRINCIPAL EXECUTIVE OFFICE. The principal executive office for the transaction of business of the corporation is hereby fixed and located at 1220 Manning Ave.# 13 City of Los Angeles,CA 90024 , County of Los Angeles State of California. The location of the principal executive office may be changed by approval of a majority of the authorized Directors, and additional offices may be established and maintained at such other place or places, either within or without the State of California, as the Board of Directors may from time to time designate. Section 2. OTHER OFFICES. Branch or subordinate offices may at any time be established by the Board of Directors at any place or places where the corporation is qualified to do business. Section 3. REGISTERED AGENTS. The corporation shall have and maintain a registered agent within the State of California and within all other states in which it is required by applicable law. By: Name:Nick Sammadi Title:President 1 • PROPOSAL CITY OF RANCHO PALOS VERDES GRAYSLAKE ROAD DRAINAGE IMPROVEMENTS PROJECT No.021516 TO THE DIRECTOR..OF PUBLIC WORKS.CITY OF RANCHO PALOS VERDES: The undersigned,as bidder, dedares that: (1)this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein; (2) bidder has carefully examined the project plans, specifications, instructions to bidders, proposal, notice to contractors and all other information furnished therefore and the site of the proposed work; (3) bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder,to enter into a contract with the CITY OF RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans, if any, and the terms of the specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor,tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said specifications, for the following stated unit prices or lump-sum price as submitted on the Schedule attached hereto: The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. Bid BondAccompanyingthis proposal is (Insert)" 10% of Bid amount"cash," "Cashier's 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 fifteen(15)days 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. The undersigned certifies to have a minimum of five(5)consecutive years of current experience in the type of Work related to this Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor's License Number 982335 •Class A&14 which expires on 3/31/2017 Signature(s)of bidder: If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation,state legal name of corporation. Legal Business Name: Concept Consultant, Inc. Address: 1220 Manning Ave. # 13 Los Angeles,CA 90024 Telephone: 310439-8516 Contact: Nick Sammadi P-1 Proposals which do not show the number and date of the Bidder's 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 City of Rancho Palos Verdes GRAYSLAKE ROAD DRAINAGE IMPROVEMENTS Bid Date 12102/2015 P-2 BIDDER: Concept Consultant, Inc. CITY OF RANCHO PALOS VERDES BID SHEETS FOR GRAYSLAKE ROAD DRAINAGE IMPROVEMENTS PROJECT No.021516 Bidder's Name: Concept Consultant, Inc. To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to enter into the Contract to furnish all labor, materials, equipment and supplies for the GRAYSLAKE ROAD DRAINAGE IMPROVEMENTS in accordance with the Specifications and Plan for demolition, construction and installation in the Contract Documents, as that term is defined in the Standard Specifications, to the satisfaction and under the direction of the Director of Public Works, at the following prices. The quantities reflected on the plans and in the bid-sheets are representative of the amount of work for each item on the project, but are not final quantities to be used for computing payment. Payment will be based on the measurement of actual work completed. The contractor must notify in writing to the project manager of all discrepancies between actual bid quantities and those shown in the bid document prior to commencement of work in any area of the project. P-3 BIDDER: Concept Consultant, Inc. BASE BID SCHEDULE ITEM S RIP 10 ESTIMATED UNIT PRICE EXTENDED NO. �; .....-N QUANTITY ---- UNIT AMOUNT 1 Traffic Control 1 LS $ 1,875 $ 1,875 2 Mobilization 1 LS 15,000 $ 15,000 3 BMPs 1 LS $ 1,000 $ 1,000 4 Clear and Grub 1 LS $ 2,500 $ 2,500 5 Abandon Existing Storm Drain Manhole 1 LS $ 10,062 $ 10,062 6 ModifyCatch Basin Floor and Connect New 1 LS $ ,375 $ 2,375 RCP 2 7 Modify Manhole Floor and Connect New RCP 1 LS $ 2,125 $ 2,125 8 Construct 18"RCP, 1500D 26 LF $ 120 $ 3,120 9 Construct 24"RCP,2000D 252 LF $ 204 $ 51,408 10 Construct PCC Collar per SPWWC STD.Plan 4 EA $ 800 $ 3,200 380-4 11 Construct Outlet Pad including Gabion 1 LS $ 11,000 $ 11,000 Baskets 12 Construct Manhole per SPPWC STD.Plan 1 EA $ 6,125 $ 6,125 321-2 13 Construct Chain Link Fence to Match Existing 41 LF $ 200 $ 8,200 TOTAL BID PRICE $ 117,990 TOTAL BASE BID PRICE IN DIGITS: $ 117,990 TOTAL BASE BID PRICE IN WORDS: One hundred seventeen thousand nine hundred ninety dollars The contract shall be awarded to the lowest responsible bidder based on the TOTAL BASE BID. Note: Some items may be adjusted or deleted. Any changes to the quantities for these items shall not classify as a substantial change as stipulated in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual amount (percentage) compared to estimated quantities, the unit P4 BIDDER: Concept Consultant, Inc. prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities,and if this right is exercised,the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. The Contract shall be awarded to the lowest responsible Bidder based on the total Bid price. This proposal shall include alt costs associated with complying with the at-risk youth employment provision per specification and grant requirements. Si nature: :.. Title: 9 President Date: 12/02/2015 i t Title: Treasurer Date: 12/02/2015 Signature: P-5 INFORMATION REQUIRED OF BIDDER Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder's name: Concept Consultant, Inc. (2) If the Bidder's name is a fictitious name,who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name,write"N/A"in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. (3) Business address: 1220 Manning Ave.# 13 Los Angeles, CA 90024 (4) Telephone: 310-439-8516 Facsimile: 310-400-5829 (5) Type of firm-Individual, Partnership, LLC or Corporation: Corporation (6) Corporation organized under the laws of the state of: California (7) California State Contractor's License Number and Class: 982335 A&B (8) DIR Contractor Registration Number: 1000008410 (9) List the name and title of the person(s)who inspected the site of the proposed Work for your firm: Nick Sammadi-President (10) Number of years'experience the company has as a contractor in construction work: 40 (11) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Proposal: Nick Sammadi- President 1220 Manning Ave.#13 Los Angeles, CA 90024 (12) List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest In this Bid: N/A (13) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid: N/A P-6 (14) For all arbitrations, lawsuits, settlements and the like (in or out of court)that the company or any principal having an interest in this Bid has been involved with in the past five(5)years: a. Briefly summarize the parties' claims and defenses: N/A (15) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain. No (16) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, explain. No IMOMMOIONIMPONNMOIN (17) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a"termination of convenience"? If yes, explain. No (18) For projects that the company or any principal having an interest in this Bid has been involved with in the last five(5)years,did you have any claims or actions: a. By you against the owner? Circle one: Yes b. By the owner against you? Circle one: Yes 0 P-7 c. By any outside agency or individual for labor compliance? Circle one: Yes CZ) d. By Subcontractors? Circle one: Yes 4c310 e. Are any of these claims or actions unresolved or outstanding? Circle one: Yes Ori If your answer is"yes"to any part or parts of this question, explain. (19) List at least three similar projects completed as of recent date: Contract Amount Class of Work Date Completed Name,Address of Owner, &Telephone No. $438,500 A ` 6/30/2014 UCLA-Dan Lerman 310-490-5208 $373,550 B 12/15/2015 City of Industry Gerry Perez 626-333-0336 $326,884 A 10/20/2015 City of Hermosa Beach Vince 310-415-8977 Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information. Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive. The Bidder certifies under penalty of perjury under the laws of the State of California that the information provided above is true and correct. Notary Public t Comaanv Concept Consultant, Inc. 001110(410(C95 A 1 1 Subs ribed and sworn to me: :. Signature R.. 'a a"„ - Title: President ..41111111 Signature: Date: 12/02/2015 This (51lay ofefitv Title: ; _ , Signature. Signature: Title: Treasurer �.,. Date: 't "- z " "' (SEAL) � ��� �k 4, t ti 1 S''Oil*21 , ,.:NY Col*Lirsur.lmemwmm4.4wormismarleGIRS NOV.9,2019 ,,, t P-8 REFERENCES For all public agency projects in excess of$100,000 you are currently working on or have worked on in the past five(5)years, provide the following information: Project 1 Name/Number UCLA-Automated Bollards Project Description Install Automated Bollards, includin• Install Under.round Utilities, Concrete work Electrical ... .... ....... and Asphalt Approximate Construction Dates From: 10/29/2013 To: 6/30/2014 Agency Name: UCLA-CA Contact Person: Dan Lerman Telephone: 310-490-5208 Address: Los An•eles, CA Original Contract Amount $. $398,800 Final Contract Amount: $438,500 If final amount is different from original amount, please explain (change orders, extra work,etc.) Additional concrete and asphalt work . Did you file any claims against the Agency? Circle one: Yes (1) Did the Agency file any claims against you? Circle one: Yes GI If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 2 Name!Number City of Industry Project Description Remodeling Approximate Construction Dates From: 5/20/2015 To: 12/15/2015 Agency Name: City of Industry Contact Person: Gerry Perez Telephone: 626-333-0336 Address: City of industry, CA Original Contract Amount: $ 357,000 Final Contract Amount: $ 377,000 P-9 If final amount is different from original amount, please explain (change orders, extra work, etc.) Framing improvement, windows replacement. Did you file any claims against the Agency? Circle one: Yes CO Did the Agency file any claims against you? Circle one: Yes If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 3 Name/Number City of Hermosa Beach Project Description Surf Legends Memorial Install Fountain, Underground system, install statue Landscaping. Approximate Construction Dates From: 7/20/2015 To: 10/31/2015 Agency Name: City of Hermosa Beach Contact Person: Vince Dammase Telephone: 3104154977 Address: City of Hermosa Beach, CA Original Contract Amount: $ 343,500 Final Contract Amount: $375,700 if final amount Is different from original amount, please explain(change orders, extra work, etc.) Install Concrete benches, additional landscape, and install podium Did you file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes G) If you answered yes to either of the above two questions, please explain and indicate outcome of claims. ...........-....... P40 Project 4 Name/Number Santa Monica College Project Description Remodeling Approximate Construction Dates From: 8/26/2012 To: 6/01/2013 Agency Name: Santa Monica District College Contact Person: Brad Buter Telephone: 310- 396-4540 Address: 919 Santa Monica Blvd. Santa Monica , CA Original Contract Amount: $ 275,600 Final Contract Amount: $286,000 If final amount is different from original amount, please explain (change orders, extra work,etc.) Mechanical and parking lot improvements Did you file any claims against the Agency? Circle one: Yes 49 Did the Agency file any claims against you? Circle one: Yes d If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 5 Name/Number AGSM(Gold Hall Acoustical Upgrade) Project Description Sound proof insulation entire lobby's walls up to 49' height Approximate Construction Dates From: 8/20/2013 To: 11/26/2013 Agency Name: UCLA Contact Person: Howard Titzel Telephone: 310-825-5500 Address: Los Angeles, CA Original Contract Amount: $ 178,000 Final Contract Amount: $ 198,000 if final amount is different from original amount, please explain (change orders, extra work, etc.) Additional scaffoldin• and •anels installation P-11 Did you file any claims against the Agency? Circle one: Yes CD Did the Agency file any claims against you? Circle one: Yes cri if you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 6 Name/Number Precast Concrete wall panels Project Description Precast concrete Fencing • 01/28/2014 To: 4/30/2014 Approximate Construction Dates From: Agency Name: City of Azusa-Dept. Light and Water Contact Person: Federico Langit Telephone: 626-812-5213 Address: City of Azusa, CA Original Contract Amount: $ 98,000 Final Contract Amount: $ 115,000 If final amount is different from original amount, please explain (change orders, extra work,etc.) Site improvement Did you file any claims against the Agency? Circle one: Yes o Did the Agency file any claims against you? Circle one: Yes CI, If you answered yes to either of the above two questions, please explain and indicate outcome of claims. P-12 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business&Professions Code 7028.15] [Public Contract Code 20103.5] 1, 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 P-13 pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989,shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractor's State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: 982335 Class: A&B Expiration Date: 3/31/2017 Date: 12/02/2015 Signature: Ale P-14 RESUME Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. As an experienced civil engineer and working 40 years on public works, I will supervising this project as a superintende Nick Sammadi P-15 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104] List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement,or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent(0.5%)of the Contractor's total Bid or$10,000,whichever is greater. If all Subcontractors do not fit on this page,attach another page listing all information for all other Subcontractors. California Name under which Contractor's California DIR Type of Work Percentage of Subcontractor is License Contractor Address&Phone Number (e.g.Electrical) Total Bid(e.g., Licensed Number(s)& Registration 10%)* Class(es) Number First Class Plumbing 862790 1000015549 Venice, CA Plumbing& 47 Underground Utili es *The percentage of the total bid shall represent the"portion of the work"for the purposes of Public Contract Code Section 4104(b). P-16 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Bidder's Name Concept Consultant, Inc. Current Year of 2014 2013 2012 2011 2010 Total Record Number of contracts 4 3 2 2 1 1 13 Total dollar amount of contracts(in thousands 860 650 480 360 210 155 1 2,715 of dollars) Number of fatalities 0 0 0 0 0 0 0 Number of lost workday cases 0 0 0 0 E 0 0 0 Number of lost workday cases involving permanent transfer to 0 0 0 0 0 0 job 0another or termination of employment E The above information was compiled from the records that are available to me at this time and I declare and- penalty of perjury that the information is true and a 0, -= - ' i. - imitations of those records. alp- Signature: Signature: a• Title: President Title: Treasurer Date: 12/02/2015 Date: 12/02/2015 P-17 Bond No. N/A BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has issued an invitation for Bids for the Work described as follows: GRAYSLAKE ROAD DRAINAGE IMPROVEMENTS Project No. 021516 Concept Consultant,Inc. WHEREAS ( Manning Ave. #1. Los A elves CA 90024 t22�. g s � (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 SureTec Insurance Company 3033 5th Ave.,Ste.300, San Diego,CA 92103 (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 Amount Bid Dollars($ 10%of Bid ), 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. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the Work by the Public Agency and, within the time and in the manner required by the Specifications, enters into the written form of Contract included within those 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 Section 2845. P-18 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: November 30,2015 "Principal" "Surety" Concept Consultant,Inc. SureTec Insurance Company By« Its Its D oadle,Attorney in Fact By: By: Its Its (Seal) (Seal) Note: This Bond must be dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney- in-fact must be attached. P-19 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validi of that document. State of California County of LOS ANGELES ) On 11/30/2015 before me, MICHAEL J SORIANO, NOTARY PUBLIC (insert name and title of the officer) p �appeared a eared NICK SAMMADI who proved to me on the basis of satisfactory evidence to be the perso whose name . eir.7 s bsc"bedo the within instrument and acknowled•ed t. me that�/ a/t. executed the same in i - yt authorized capacity ` s , and that by p rit it signature( on the instrument the rsonr the entity upon befialf of which the Pers.n acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r4e.".......................e.,„."...ei ;_ MICHAEL J.SORIANO WITNESS my hand and official seal. ... COMM.#206981�Ff,21.,--, ..? NOTARY PUBLIC-CALIFORNIA 1 ,r ° -`< ORANGE COUNTY ‘4.,00 .LMComnY2O18y Signature �;,.. '"'""'' `` :�� (Seal) - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached.,and not the truthfulness, accuracy,or validity of that document. State of California County of Los An eles On NOV 3 0 2015 before me,A.Bisordi Notary Public personally appeared David Noddle who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is e Y :: true and correct. A.BISORDI -- NOTARY PUBLIC-CALIFORNIA u.: ;.:::��;:•- th R � " WITNESS my hand and official seal. AMP* COUNTYi�`� 7?a�"t"2111128 MY COMM.EXPIRES MAY 11,1019 " -< 4 y Signat - sfNotary er OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Title or Type of Document [] PARTNER(S) Number of Pages El MEMBER of LLC ❑ ATTORNEY-IN-FACT • TRUSTEE(S) El GUARDIAN/CONSERVATOR Date of Document OTHER: SIGNER IS REPRESENTING: Signer(s)other than named above NAME OF PERSONS)OR ENTITY(IES) POA#: 510010 _ nsuranceCompanySureTec LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint David Noddle its true and lawful Attorney-in-fact,with full power and authority hereby conferredin its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for. Five Million and 00/100 Dollars($5,000,000.00) . and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the.Company and dul: attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the P y V0511 017 and is made under and byauthority the premises. Said appointment shall continue in force until �`offollowing resolutions of the Board of Directors of the Surelee InsuranceCompany: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf bfthe Company subject to the following provisions: 4ttorno4n- aoi may be given full power and authority for and inthe name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,under, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resdlve4 that.the suture of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto•by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached, (Adopted at a meeting held on 20m of Awl 1999.) L In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. SURETEC INSURANCE COMPANY iir .- C.#93A) By: ",,� ident John ox Jr. resto of Texas ss:StaCounty of Harris • of On this 21st dayMarch,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACQUELYN MALDONADO _� Notary Public r State of Texas , My Comm.Exp.5n 8/2017 Jacq Glyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this day of NOV 3 0.2013 ,A.D.. .�.�... á . ..� .., ,, .Bre,t Beaty,Assistant ecratary Any instrument issued in excess-of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code 7106] [Public Contract Code§7106] State of California ) County of Los Angeles )ss. City of Los Angeles _ ) The undersigned declares: I am the President of 22t:L.2L29L__cesultant, Inc,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;gent 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 State of California that the foregoing is true and correct and that this declaration is executed on ..11/30/20 �_ [date], at Los Angeles [city],California , „,(state]. Signature --- Subscribed and sworn to before me on ( l (7.---s-------/., 5- . (Date) ,.. � . + MICHAEL J.SORIANO YJ- :)\%, COMM.#2069810 "" 5, , 4 NOTARY PUBLIC-CALIFORNIA C s" " 4 :4 i:" ORANGE COUNTY :, My Comm.Expires May 30,2018 (Notary Seal) SignatureAillildrill . . Public P-20 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validit of that document. State of California County of LOS ANGELES Subscribed and sworn to (or affirmed) before me on this 30 day of NOVEMBER , 20 15 , by NICK SAMMADI proved to me on the basis of satisfactory evidence to be the perer = - e, • MICHAEL J.SORIANO y^ = COMM.#2069810 NOTARY PUBLIC.CALIFORNIA ORANGE COUNTY .��. My Comm.Expires May 30,2018 a .M (Seal) Signature "` ACKNOWLEDGMENT OF ADDENDA Bidder's Name: The Bidder shall signify receipt of all Addenda here, if any: Addendum Number Date Received Signature None If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda. Signature: . Title: President Date: 12/02/2015 P-21 This form shall be submitted with the Bid PROPOSER/BIDDER STATISTICAL INFORMATION FORM AU proposers/bidders responding to the solicitation must complete and submit this form In order for their proposer or bid to be considered. The information requested in the form will be used solely for statistical purposes. The contract(s)andjor subcontract(s) will be awarded without regard to gender,race,color,creed,or national origin. 1. Type of business entity: Q Sole partnership 0 Nonprofit organization CI Partnership 0 Franchise UC Corporation C i Limited Liability Corporation 0 Other: 2. Total number of employees in firm/organization,including owners: . 2 3. Break down the total number of employees in your firm/organization into the following categories: Owners,Partners,and Assodate Partners (HHNMMfMHfffHfHf Rue/Ethnic! Male Fem• ale Managers Staff Black/African-American Hispanic/Latino Asian-American/Pacific islander American Indian/Alaska Native Filipino American White 1 1 Other 4. indicate,by percentage,how ownership of the firm/organization is distributed: Asian- American Black/ American/ Indian/ African- Hispanic/ Pacific Alaskan Filip American Latino Islander Native American White Other Men Women S. If your firm Is currently certified as a Minority(MBE),Women(WBE),Disadvantaged(DBE),and/or Disabled Veteran(DVBE) Business Enterprise by a public agency,indicate the Business Enterprise certification of your firm,the certifying agency,and the expiration date of the certification: MBE INBE DBE DVBE �, „ Nage of p tl 1 enc Ex igen Date,- O 0 0 0 N/A O 0 0 0 • DQ ...... 4.1040.... , • .. iliflffSHlMHfiMWHHHfHMM/Mfffffffww O 0 0 0 O 0 0 0 O 0 0 0 P-22 BYLAWS OF CONCEPT CONSULTANT,INC. ARTICLE 1 'ICES AN.I MEN` S Section 1. PRINCIPAL EXECUTIVE OFFICE. The principal executive office for the transaction of business of the corporation is �nc.� fixed and located at 1220 Manning n Av.9.# 13 :_..... w.....�...� .....• hereby .�.......::.:�..µ�.0 eles County ofJ5..�ty o1 Los Ang 1 CA 90024 � �..�... n State of California. ��a t i� ofthe principal executive office may be changed by approval of a The location Directors. • � - •�• may be established and majority of the authorized and additional offices m within or without the State r��k+C�.'ali�i4�rnia, maintained at such other place or places.either the Board of Directors may from time to time designate. as Section 2. OTHER OFFICES. offices mayat any time be established by the Board of Branch or subordinate place Directorsat any or places where the corporation is qualified to do business. Section 3. REGISTERED AGENTS. • ishall have and maintain a registered agent within the State of The corporation applicable and within all other states in which it is required by law. Name:Nick Sammadi Title:President 1