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Tobo Construction Inc RECORDING REQUESTED BY: III citywsif RERaADEO MAIL TPalos Vers 0311912015 r 11111111 1 Name City Clerk Street City of Rancho Palos Verde. Address 30940 Hawthorne Blvd. *20150297011* Rancho Palos Verdes, City State CA Zip 90275 I' J Space above this line for recorder's use iWOLCOTTS FORMS INC. SINCE 1893 NOTICE OFCOMPLETIC Notice pursuant to Civil Code Section 3093,must be filed within 10 days atter completion. (See Notice is hereby given that: p reverse side for complete requirements.) 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the propertyhereinafter described. 2. The full name of the owner is • ' . cho Palos Verdes 3. The full address of the owner is 30940 Hawthorne Blvd. Rancho Pa os •er•e , 4. The nature of the interest or estate of the owner is:In fee. (II 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 theroPe P rty was transferred a sferred 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 on a ruary The Ryan Park Southern Entrance Realignment and ParkinglotTnQon r je Expansion �ro�act 8. The names of the contractor, if any,for such work of improvement was Toho Construction May 6, 2014 (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:Ryan Park Southern Entrance realignment and parking lot expansion project 10. The street address of said property is 30359 Hawthorne Blvd. , Rancho Palos Ver es,CA (II no street address has been officially assigned,insert'none-.) • Dated 3trichr t/t/u..),IL.121/„--- (Signature of Owner or corporate officer of Owner named in paragraph 2.or his agent) City of Rancho Palos Verdes I,the undersigned,say:I anCtlifty Clerk VERIFICATIONthe Declarant I (President of,Manager of,Partner of,Owner of,etc) rt of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof;the same is true to ray own ena knowledge. I declare under of perjury that the foregoing is true and correct. p nY Executed on_Inti/tedt /8 1 5 Ci of Rancho 20 _atPalos Verdes CA / Al f 414. 11 (Personal signature of the.ndividu;J who is swearing that the .2s of the Notice of Completion are true) r_ Before you use this form fill in all blanks, and make whatever chanes are appropriate and necessary to your particular transaction. Consult a lawyer if you doubt the form s fitness for your purpose and use. H i,;;'111111 Wolcotts makes no representation or warranty, express or implied, with respect to the merchantability 7 �I 67 11 or fitness of this form for an intended use or purpose. ©2005 WOLCOTTS FORMS,INC. 775 01114 2 FORM 1114 Rev. 10-05 s • 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 be signed by any one of the co-owners (in fact, the foregoing form is designed for giving 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. r • A This page is part of your document-DO NOT DISCARD •0FLOs,420150297011 "FA ,,,, III I Illdlll ' lllllllcll'lll Iltlllll P00o2� � I=� rf f Recorder's Office, Los Angeles County, a California C4UF00.403/19/15 AT 10:42AM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 III III IIII III IIII III II IIIIIII IIII I IIII IIIIII II III III LEA SHEET UI I I VIII II I1111 IIUI III IIIIIII UI 11111 III II I VIII lI 201503193350025 00010302387 11111101111101161)1111 SEQ: 02 DAR - Counter (Upfront Scan) 11111111 1111111111 111111111 1111111111111111 III 11111 1111111111111 I 1111 III 1111111111111 1110111111 IiII II 1 110 11hIIIIlI1 IUI0II 10111111 111111 10 III - THIS FORM IS NOT TO BE DUPLICATED - • • CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION (Project 014812) THIS AGREEMENT ("Agreement") is made and entered this 6th day of May, 2014, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Tobo Construction, Inc. ("Contractor"). Contractor's license number is 758012 Class A& B. 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 Ryan Park Southern Entrance Realignment and Parking Lot Expansion ("Project"), as described in this Agreement and in the Bid Documents (including the Notice Inviting Sealed Bids, the Instructions to Bidders, the Proposal, the General Provisions, the Special Provisions, the Technical Provisions, and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents), which are attached hereto as Exhibit "A" and incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be performed in accordance with the latest edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook"), including supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California (collectively "Standard Specifications"), which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents,the terms of this Agreement shall control. 2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for under written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3. Effective Date. This Agreement is effective as of the date listed above,and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 4. Time. Time is of the essence in this Agreement. 5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns,freight embargoes, unusually severe weather,and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay,and shall upon request update such notice. 6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of six hundred forty one thousand dollars($641,000) in accordance with the prices C - 1 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 request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However, progress payments shall not be made in excess of ninety-five percent (95%) of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold not less than five percent (5%) of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent (50%) of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual work completed. 8. Substitute Security. a. At the written request and expense of Contractor, securities equivalent to any moneys withheld by the City to ensure performance under this Agreement shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to Contractor. b. Alternatively, Contractor may request that the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this Section. c. Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City mutually agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. d. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent(5%) of Contractor's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. Further 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. C - 2 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 Exhibit "B." 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 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 C - 3 or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such Claim. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable. b) Bid Protests. In addition to its obligations pursuant to Section 13(a), Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. c) Civil Code Exception. Nothing in Section 13(a) shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code section 2782(a)or the City's active negligence to the limited extent that the underlying Agreement is subject to Civil Code section 2782(b). d) Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. e) Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. f) Survival. The provisions of this Section 13 shall survive the termination of this Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, 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: City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); 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. C - 4 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. 18. ocation 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: C - 5 0 • "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. 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, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor nor its personnel have been convicted of a felony. 28. Conflicts of Interest. 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-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without the City's prior written consent. Any purported assignment without written consent shall be null, void, and of no effect, and C - 6 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. 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 C - 7 0 0 To CONTRACTOR: The address listed in Exhibit"B." 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. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [signatures on next page] C - 8 • • IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITY OF RANCHO PALOS V iiirf BY' -__ Ag k!Atyor - — ATTEST: APPROVED AS TO t 'M: By: _ ,ALL,' id/ 44/ By: City Clerk City Attorney Dated: C(51A 'PAo Oell4R1 M �`- ("CONTRACT " By: Printed Name: ten1 CJice . Title: Sectet-my. a By: / 1C/ /' J&L Printed Name: I4LiLc4....1J, k V k • Title: C - 9 410 is -/-/-/-/-/-/-I-I-I-I-I-I-I-/-/-I-I-I-I-/-I-I-/-I-/-/-I-/-I-I1 I I I I 0 1 1 • ACKNOWLEDGMENT • I I 0 I I 1 State of California I 1 i County of ( Los Angeles ) • I I• On 5/27/2014 before me, Suzie H Na, Notary Public I • I (Insert name and title of the officer) I • • I I I personally appeared Jimi Chae& Monica Oh I who proved to me on the basis of satisfactory evidence to be the person(s) a name(s) is/ • 101 • subscribe o the within instrument and acknowledged to me that he/she/ 6 xecuted the same in I his/her/ e' authorized ca acit ies and that byhis/her/6si natureon the1 / / p y( ), signature(s) instrument the • 1 person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. I • I I 1 I certify under PENALTY OF PERJURY under the laws of the State of Californa that the foregoing I 1 paragraphis true and correct. I 1 I •1 • WITNESS my hand and official seal. • 1 1 • -, SUZIE H. NA • • ir,t`: COMM.#2022906 • I -,4...z_ , NOTARY PUBLIC•CALIFORNIA ri -`it- LOS ANGELES COUNTY -' 1 # 410, "''',1 1 l Comm.Exp.MAY 2,2017 •I i SignatureAii6 (Seal) • 1 • I 1 1 I I—/—I-/-I/MI I-I-I-IAM/I-I-I-II-/AMY I-/-IAEI//-IANEW I-/-I-I-I-WANE,I-/-I-/-IJ 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:VII 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 - 11 • PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No.SXACSU0552750 PERFORMANCE BOND- Premium: $9,910.00 Executed in 2 originals KNOW ALL.PERSONS.BY THESE PRESENTS that:. WHEREAS thee•City of.Rancho Palos Verdes("Public Agency"},has awarded to Tobo Construction, Inc. 500 Shatto Place, Ste 320, Los Angeles, CA 90020 -(Name.and address of contractor). (" rincipj I") a t ontract{th 'Contract"),which.Is incorporated.herein by thisrefer-ence,for�the-work.described as follows:- Ryan Park Southern Entrance Realignment and Parking Lot Expansion Project No. 01.4812 WHEREAS, Principalis required under the terms of the-Contract-to.file a good ar d:sufficient performance.bond with the. Public Agency for the faithful performance of the Contract. NOW,THEREFORE,.we,the undersigned'Principal,and Allegheny Casualty Company One Newark Center, 20th Floor, Newark, NJ 07102 Name and address of Surety)• ("Surety"):a duly:admitted,surety insurer under:the laws-of the:State of:California,.as Surety,are.held and firmly-bound:unto the.Pubiic.Agency in:the penal surn.of six hundred forty one thousand &00/100 Dollars.($ 641,000.00 ):(the.."Penal Sum");-this:amount being not less:than:one-hundred percent. (100%)_.ofthe•total Contract price,In lawful money-of the United:States of-America,for the payment ofwhich:sum well 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 OBUGATION 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 rovided,on'the Principal's part-to be:kept and:.performed,all within the-time and in the:manner:tfieiein.speclfied,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.othets.-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.Sung,all.costs and reasonable expenses and'fee's, including reasonable attorneys' fees,.incurred.by:the:Public Agency Jr).successfully-enforcing such ooligation,.-all:to be-taxed as costs and included in.any.judgment rendered. FURTHER, the Surety, for.value received,-:hereby stipulates.end agrees.that:no change,.extension of i'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 orto 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.h.as'allrights-of a:party hereto,. IN WITNESS 1NHF.REOE,:two'(2)Identical counterparts of this-Instilment each of which shall for:ail-purposes:.be deemed an original hereof,have.beeri 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 representatives)pursuant to authority=of governing;body. bated: May 28, 2014 • C- 14 410 1111 • Principal" "Surety" Tobo Construction, Inc. Allegheny Casualty Company .By: 1/1')I ,. By:Stephanie Hoanq.Attorney-in-Fact • its Its By: By: Atiaam, .. . . :Its its ism) • (Sear APPROVED AS TO SURETY .AND: PRINCIPAL APPROVED ASTO FORM: • • AMOUNT .RICHARDS,-WATSON&GERSHON A:Professional Corporation By:.. By: Insurance Administrator Public.Agency Attorney ' Note: .This bond.:must be executed.fn:duplicote crud:doted;all:slgnatur-es must be.notorfzed).and evidence of the authority of anyperson.signing as ibttorney-litfaet-must be attached. C45- 40 CALIFORNIA ALL-PURPOSE_ ACKNOWLEDGMENTozzercozomsvocuott _ A-\/_Z-\� L�`'. .-? `\• /.�J•�"5 -1 is!�/�?. i�./��/. . h _ ,,C Z State of California County of Orange On ó1 / , before me, Barbara Copeland, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/are subscribed to the within instrument and acknowledged to me that 41e/she/they executed the same in —his/her/their authorized BARBARA COPELAND capacity(ies), and that by-his/her/their signatures).on the arm -.•�-, Commission#2016348 instrument the person(e), or the entity upon behalf of �• Notary Public- Z which the erson acted, executed the instrument. Z ,� ,, California Z person* .,,Jr Orange County D M Comm.Expires Apr 19,2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official seal. r Place Notary Seal Above Signature Signatur • otary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Stephanie Hoang Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General RIGHT THUMBPRINT ❑ Partner—❑Limited ❑General RIGHT-THUMBPRINT • Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNED ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: '6,•.•x,.5.6/•./.• •8/ a••e•.,5,.air-!y y-Lr, y_•'V••y•A,••61•-a/ •6,•e, •6,•er ••.y X6•6,••6,•ar•6,••6,,- :N 6r er,-e,••Al••6, a,(.•_✓••a,••6,••61•ar•' 02007 Nl N ationaotary Associatin►•o9350 De Soto Ave.,P.O.Boot 2402•Chatsworth.CA 91313-2402•www NationalNotary o g item#5907 Reorder:Call Toll-Free 1400876.6827 • 0 • , I I I I • ACKNOWLEDGMENT • I• I • I I ' State of California • I I i County of ( Los Angeles ) • 1 I On 5/29/2014 before me, Suzie H Na, Notary Public I • , I (Insert name and title of the officer) 1 , 1 I ' personally appeared Jimi Chae ' 1 i who proved to me on the basis of satisfactory evidence to be the p on(s)whose name( i are • 1• s bscribed to the within instrument andI 1 acknow ed ed to me that /she/they executed t e same in , authorized capacity(ies), and that b ' /her/their signatures) on the instrument the1i9/her/their , I person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. 1 • , 1 1 ' I certify under PENALTY OF PERJURY under the laws of the State of Californa that the foregoing ' I 1 i paragraph is true and correct. • 1 • , / WITNESS my hand and official seal. 1 • , ' .„,',111W, , SUZIE HNA • COMM.#2022 90fi 1 -.". '-• - NOTARY PUBLIC•CALIFORNIA i .d `� '-,f LOS ANGELES COUNTY 1 0 1 '''l'` Comm.Exp.MAY 2,2017 • 1 • Signature (Seal) • 1 1 1 I 1 1 1 Bond No.SXACSU0552750 PAYME.IT.BON:D Premium listed on performance bond .(LABOR AND MATERIALS) Executed in 2 originals KNOW ALL PERSQNS BY THESE PRESENTS that: WHEREAS the City*of Rancho*Palos Verdes,California("Public:Agency"),.has.awarded to Tobo Construction, Inc. 500 Shatto Place,Ste 320, Los Angeles, CA 90020 (Name ond.address of contractor) ("Principal"),.a contract.(the.."Contract"),which is Incorporated herein.bythis-.reference,:for the workdescribed as follows: Ryan Park Southern Entrance Realignment and Parking Lot Expansion - Project No. 014812 WHEREAS,Principal is required under the terms of the Contract andthe.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 taw.. NOW,THEREFORE,we,.the,undersigned.Principal,.and Allegheny Casualty Company One Newark Center, 20th Floor, Newark, NJ07102 (Name and address.ofSurety) ("Su:rety").a duly admitted.surety insurer under the laws of:the.State of California,.:as:Surety,:are held and frmly: bound unto:the.Public Agency and:all:subcontractors,laborers,Material persons,and'other.persons_ernp dyed:=in: the perforrnance of the.Contract-jn.:the.penal sum'of six hundred f•n •i- i• _ -a• I I I 641 000.00 " !?oilers($ ) (the 'Penal penal Sum" ),: this amount being not less than one hundred percent:(1.00%) 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,'joinflY,and severally,.firrnly 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,-orfor any.ammounts:required to.be deducted,withheld, and paid over-to the Employment-Development Department:from the wages-:01 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.fexceeding.*the-Penal_Sum. specified in this bond;:othervvise,.this:.obligation shall become null:and void. This bondshall'inure to.the benefit of any of the persons:named in.Section.9100.ofthe-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:obiigation,.*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 .0-I2 • the specifications for the same,shall in-any way affect:its obligations under this.bond,and.it.does..herebywaive notice of any.:such:change, extension:of time,.alteration,addition,or modificationito 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.284S and 2849. iN WITNESS-..WHEREOF,,two(2):ident#cat counterparts of this instrument,each of which shall 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 repiesehtative(s)pursuant to authority alits governing:body. Dated:. May 28, 2014 "Principal" "Surety! Tobo.Construction, Inc. Allegheny Casualty Company By; By Stephanie Hoang,Attorney-in-Fact L CD 1 By: By. Its its.. ... .. .. ... . .. {,Seal} (Seal) APPROVED•AS.TO.SURETY AND PRINCIPAL'AMOUNT .APPROVED AS TO FORM: RICHARDS,WATSON-.&GERSHON A Professional Corporation By- Insurance Administrator By:. . Public.Agency Attorney Note; This'bond must-be executed 1h:duplicate and dated,all signatures Must be-notarized,and evidence of the authority of any.person signing as a tterney-ln-fact must'be:•attocheci C--13 111 CALIFORNIA ALL-PURPOSE ACK LL-PURPOSEACK NOWLEDG M Ey�Nr T -4.;•33. 1.�/��dJVI�_L`�4��<j�•�,�.4��A-2l••4_ ACJ A�./ •ACJ` /.�A�•lJ•.A-J�A_2�I A��jV�}/L�/:l�/T.A�,/��I��/�l.V��•A�hal`A?. -`.•I A�`All4�'A_)�I A �.•%? State of California County of Orange On 11t Barbara Copeland, NotaryPublic before me, P D to Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s)of Signer(s) 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 ommissionRBARA BACp701.4N3 -he/she/they executed the same in /her/their authorized " • capacity(ies), and that by-his/her/their signatures}on the 48 D Notary p instrument the persons) or the entity upon behalf of z �•, -,► 0 u lio•California zz which the erson acted, executed the instrument. .,� range County p My Comm.Expires Apr 19,2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my .nd and official seal. Signature �— Place Notary Seal Above Signature of N• . Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Stephanie Hoang Signer's Name: O Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner--❑ Limited ❑General RIGHT THUMBPRINT ❑ Partner—❑Limited ❑General RIGHT THU1.1BPRINT DiD Attorney in Fact OF SIGNER 0 Attorney in Fact OF S GI4ER ❑ Trustee Top of thumb here p Trustee Top of thumb here ❑ Guardian or Conservator 0 Guardian or Conservator O Other: ❑Other: Signer Is Representing: Signer Is Representing: yS•el• ••a✓s•a,•a .ee••ar••a+ -a, y•e/•y-'a,••A,-ae•-a,•-a, •a.,•a+ •ar'd ai••ry •v6 L•'y•a•••a/•_e+.e_ . •ai•-y •y••er••6.•a,•. 02007 National Notary Association•9350 De Soto Ave.,P.O.Soot 2402•Chatsworth,CA 91313-2402•www.NationalNotary.olg Item 45907 Reorder:CallTod-Free 1-800-876.6627 ',::----:"..::,i'.............. :i-Tel:..(97:3)6244200-.::::..,:::- ::,...:,,.. .,..:, ....„:: : 'OWER...... ,.....,....ATTORN ,. ..... . .. . .. ... .. .. . ..._... ...... ... . . .... . . .... '...‘ ...........'''''' '.. . - .......- .'''''..........:-.. . ....''' ' 'OF.•"'ArroRN ...--....----,:-..- -:::-:::::-----.--.....:..::-. .-:, -::, ::' ;:::.-',..------,--...:. ---,----,:.-:::-..,.....:: :,,, :.:::: ::;,' ::,,,---...-.--• .........,...,.............:...,.. ...... ,...... .„ .........................,...„..„. ............,....................:.,... .,... ,, :::::. INTERNATIONAL . . . .-..---...• •.."...-.-- ."..-......*: .......---•,-..-.."-:-.......,.".. .....:::'...........' FIDELITY::IN$URANCECOMPANYH::,:..:::-:::::: -.,..:1:.-'--........-:-.....;......":-........----..:::::::-.:...... v...:1........2.'::-..::.:. .....f.........;-:::-.........:',...::...::::::::::::.-:„.........::-:.'.' ':" '..... I. ....' ..:-. ' .........-...:...... ......''..........: ....... :::::':.: '..:i: ...::::....'. :::::.::''-::...::: ......:.:::....f.. ALLEGHENY CASUALTY.COMRANY:.:..,-..:::. .:-..:,...:::::...,..,.- ,::::.....::....,....:::-:-... ::::,:::......-.........i......:*;: :,...::.:,:.::...::.. ........!.:......:.............-.....::. ............ ::: ... ... ... :. "".... ". . ....... ..' :... . .... NEWARK CENTER 20TH FLOOR NEWARK,:NEW JERSEY 0710275207.... .:,.:.:,-... ,...... .. ........ :. ,:, . ., ., :.. ,.:.:. :. ..:, -,,...-:-.. .,...,.:-.... ,:...: ..,..,:.: ..:-:. :::. ........, -....-..--:....,. :.-:-::: :,...ONEE-, • .:...... . , , ,::i.. ....f. .., :.. ..,..:. . .:: .. .:. .s.,: ,,:, H.:. .,r. .- :. :: ,,i: ::: .: ,.. , • .: .. .. ....-. .i.... ... .:. ..:.- . ..... - . .-. — .. -.. '''''..... ..... KNOW ALL:.M...EN.E..::By..THg.....sE.PRESENTS::.,•..-T.het-.-111TgFtNkTIONA....... k... :F.I.DELITY INsuRANCE.:::C9MPANY.,a CorperoliOn.::---:ortjanized•••:.and existing under :: :.•• .-thelaWS:.of'the:.::;$..tate-.:of...:::New:40r...s.ey...,•::and ALLEGHENY CASUALTY .COMPANYi:=0:'--corporation-organized and existing under: the laws of the• State of :::•: H:' PennylVaniati:Ovirig...J...their.prinC.100:offiCeln.-:th e::,Cityof Newark,NewJersey,do3'.hereby.constitute and appoint . .. :: : • . •::•••.••.::. STEPHANIE- ::•::. . ,•:: -:,. • .- .....: .• ..... •• , ERIC• . , SHAWN .. . — HOANG MARK'RICHARDSON': .LOVIEY::-• _BLUME --..• '' ' -- •: :• • - -: s• - : :•• -•: :•: -:: - ' -: :: H: •:: •:= .::": :: = : :i := :=: :, :: :::, , : :, ::, :: : _ -:. ,.: , :-: : . - : :.•Costa. •iMesa,:CA,:::::::., :::. •S.•::.:ii::...,.is..:..-:'::,,. s:. .,:,: ,: :., :.-.. ...... •-• .-•... . :.: :: :: : . . . . :: ..:. . . their true and lawful attorney(s)-in-fact to execute, seal and deliver for and'OnitS behalf as surety:any:"and all bonds and undertakings,contracts of indemnity • -::.•:,..:and'other.•Writings-obligatOry in.:the..natUre thereof,, whip.6h.:•are_ or May•,be.allOwed;required or permitted by law,stakite_,. rule,regulation,contract or otherwise, ,:::•::•:•:•.:.:. and the••.:execubOn4..Lstiti!jilltraZeirjiikcs_14nct.eatdorspang of these presents,shall be: as binding' upon the said INTERNATIONAL FIDELITYINSURANCE . . •.:. ...,-,..:::::•CP.MPNY:...,•an!:.1.•:ALL. GITI:E COMPANY, as:':fully and amply, to all intents and purposes,as.if the same•had been duly executed and :- : •acknowledged:by their regularlyelec- ted•• ..officers at:th. eir:OrinciPat..offices., :...::: E:...i. .:•.-,' '....:. '' .• ..... H . . ' - . - • . : . ' . •:.:: •••:- ::::'.This POWeer Or:ifd.fektiti.rn.e y... is executed,and be::revoked, pursuant to and,:by authority of the By-Laws of:INTERNATIONAL FIDELITY INSURANCE ALLEGHENY CASUALTY COMPANY.andlis•granted Under.:and.by:aUthority of the following resolution adopted by•E:the-.Board•of,Directzsrs_ 1,,fi9lifF.TEsiiNTIONAL:FIDELITY:INSURANCE:.comPANy at a.meeting duly held the.20th.:day of July,201-0 and by the..BOard:of Directors of ALLEGHENY i,•::':.•• CASUALTY COMPANY at a meeting duly held on the.15th.,day of August,MOO:••• ...::. ::. . ..:: . •• : : '::.• ••••:. "RESOLVED that-(1).:the-President::Vice President, or Sectaryreof the Corporation shall have•the_power to appoint,and to revoke the appointments.:of, • Attor1.100-in-i.Fact or a9.ent -:with.:00.1werand,autholity.a.0 d'efined.•..or limited in their respective powers of attorney,and tO':execute•on-behalf of the Corporation •-::.•:.:::.,::.;.••,:•.•and affix•:,the CorpOration't:::Seal.:thereta,:porlds.,-undertakings-::.recognipnces, coritrac_tS :Of.indertinity.and other written obligations in the nature' thereof' or "•••••-.:-.,H'• related thereto; and::(2)ary:such-Officerq:of.the Corporation May appoint and revoke the a...intments:ofjoint-control-,CustOdiant,agents for acceptance of ......H•propess.;.ondAttorneys.i.n-fa.ctswilth'authority:to execute..waivers'and:consents...on behalf of-1: -• Corporation;and. .-:ias.)the signature ofany such Officer of the , • .•:H.'. Corporation and the Corporation's seal may be' : .affixed by facsimile any.poWer.oflattOrtley:or certifiCation:giVert.'or:the execution of any.bond,undertaking,: , . • recognizance contract of Or.Other written obligatio:.91-:in•the...LnatUr.e..thereof or: related' thereto,such signature and seals when so used whether :•heretOjO.r.e..ior'kereafter,.-,:being hereby adopted by the C..orporation,as.the original signature sUchioffice(and•the original seal of the.CorpOralion;:itO be valid ••••:: orid:binding'ution the:COrporationi with:the same force and,effect as,though:'hianUally:affiXed.', .:. : ..- ::•. ::: ':' .- ::. .-..' .: ' : - H. ''•• -::- IN-,WITNESS:WHEREOF,,INTERNATIONAL:•F•IDELITY INSURANCE::COMPANY!:•and::::ALLEGHENY::CASUALTY-:CcompANy.have each executed. and ••-•• ::• •: attested thesepreSentS.on this 12th day of March,2012. :-. ::::.: :: H .., -. H : , .• , ,. ::- : . : •: :. • •_• ... ,• • •,••..... ...• :... .: .• ..-- ,:. 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E:': Y / 41:) Cotny of Essex * -,':'-::•.::i'.•,::.,..',i::::s::,...•.::'.::::.,:„',:•:::••::.:...-:s::'...•..::.:ROBERT : „•W. .::•-::...'..•MINSTER. HExecutive Vce:President/Chief Operating•.::Officer Y (International Fidelity Insurance Company) .• : - .- •.. • . • • '. ' • . ' • • •-• . ':.:: - • and:::'President(Allegheny Casualty Company) :: •.:• On this-:12th.'day:•:•of•Mardh.'.2012.•,::::before•nle came the e individual woo..executed thepreCeding:instrurnent,to me personally known,and, being by, me duly ••. -. • ' ::•' ::•SWorn:,.:'said he is:•the.theron- .describedand...authori*ed officer of.INTERNATIONAL FIDELITY--.INsoi3)^kNciCOMPANY and ALLEGHENY CASUALTY ....-:::. 1..:...i:.:.:. COMPANY;-:i':that the': tveal .:-:.offi...:.xed—•:to:,said....i.n.StrUment.••are the:Corporate Seals of:1'said Companies;that the e,said.pOrporate Seals and his signature were '• ' •:. :.:-:-:duly affixed by order--of the:Boards:of:Directors of said Companies. .::-•: -• :.: .. :. :. ,. . :.. ... .H.: : . ..: ,.. . -:- ':. - '•:: '' .' - -•:•'• •'•-•. ' .”-::' .-:-.••:: -. '' '• :- •':'-- ::': ''. ' ::: .:•-:'IN,TESTIMONY:WHEREOF,s.l-have',hereunto set my•hand affixed.my Official Seal, • • •' ' •-• .-:: .:- •''' :: - --- :::. 1.1 ''. -' ' : - •: ::• :.: :'i .:., •- ': i• .. ' .:.• .:, at the city,of:Newark,..:New Jersey the day and yearfirst above written. ,..: ... . . : " •• • .. :• :•• •••• :• :-.4.....,,,....., ::- i•• : .- .:: ::..- •: -• .:. • . . : • - • • .. : ilik. :. . ...,,6- .: . •: • .: .. : :: . . . ' :: ..:: .': ' ::* .**60' . ... ''.44: -1 ,:-: '::: -: .: -::. ..: .. .:... : -•. :: .. . -i . . .. -- . . 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H1,4„:E:: .: i: ::.E: I:,. :: -.= -: E:- ..' .: :E. -: ..:: i -. :=: -: H. :: :: • .:: : :E H :: -: -: ::. . : ' • - •• .- --- .. ---J.-. ,--•. --- •- .: •- --.- 1—.•,is• .: •, .• •,.. : : . . . . i : • • • • • - .•'.• • . . . . 1, •,..• . .. . „. . . .. .. ' '. .... — .... .. • ••• . . .1 .. • '..- . .. . . • — . .••..• - • .. . 41156,.. " ..'ell.... • "....")...s: . • . ' : • — • • OF JERSEY .' .. ..'.. 185‘%.s.. :.. 1_'.. ••'''..... & ..': ' ' . 5 * ...7t/ ''' *441 C . . 'I. ..:•' ''.::: • -: A NOTARY PUBLIC NEW• 4::• :••••:':••••:::: ''''• '::: ''' . : - ::::•.'-: :'' .: • -:. :' • ' ' My Commission Expires Mar.:27,2014 . ' • ::: :•• ::,• „..... ,.:. -..:4.4...•-• . .,....-0,-.: 4,,r 0 ,:i: . .:... . .:. . NEN:,,, • :....,,,,,, . : CERTIFICATION • •- •:• -.: -' • •:• -.: :140 - -'01' ' ••:--• • '• .: :- : .: '' :: • ' '11...I .tbe:UriderSigne41Officer of1NTERNATIONA.L:•FipgpTY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that:1 have • , :'•'-Comparedthe:fc.i.i.7.egoing copy of the Power of:Attorn.ey..and affidavit,..iand the••copy,:of.the.:•Seetions.,of th..e•8y7Laws ofsaid.Com. panies•asset.forth:in..paid . '. ... .i ••'• Powof Attorneli.,::•-•*i.t.h.the originals-on-:file:,,,in: the,hhome office of said companies,H and that:the same are correct transcripts..thereof,and of- the whole ":: :::• -.:::. of the said originals,an.crithatthe said Power..of Attorney has not been reVoked and is now in full force:::and'"eff.ect..' ::-• :- - 1 . ,E, ' ' . . : : . : . : . •:•••• :::: :,: •:.••„::: •-:: :,:,:..:: :::::::•.:. ::: ... ..:,. ... • •• :,,. :.: i: ::. :„::- : . .: .. . ill z6.14 IN TESTIMONY WHEREOF, have hereuntohand this..set my.. - •••c2... -0.:•-• si 'ciay.: m of: -:. ..i. 1 . :.... .:,. .„, . . :,.., . ......: . .. ,..„ .. .: ... „.„,.. -- - - -".-- - .. ---- -..--- ..-• : -..-- :- -.. ---'...:' ::' .-.. ••••'• .-: -..•••• " - ••-....••...E:•••,..,•• ..::::..... ---...:::-... .--:-.•:•,... ::. :,......:,-•:..::,.......,.... -......:::-. ...,....---:.•.:....:--....:..... •• """ - - ...•.•..•. .:.:..•,:'. -.:-.•"•::::•.:: ......1..... . ...• •,.;ir,.$EL• t.i.. - .... %/- ...,...)4: ....,•,44e:eg;1.--......... ..... ...:...... :::--.::::: •.•--.............----.:......-„-.:.::-.:-..• ...•... 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'......•::.....r.:.;:-.... ........•;.•:...........:.....-:- ........-.---. ..... ....:.........:.....-.......,.....„..........!.....!............- .,.....!--...... ........:.....,...::.:•,... ...,::-............•... .........• ... .-.. ....:.••••........ :........ .:. ......•..••..... •:. • •-•... .,.. „.... ..: ••... .... .: ..:• .:... ......... .... •.... ....• ... .. . ....... ..... . ........ . .•::-•••••••:- ::"......••••••......•-•. -•'::-..- ...'..'" .'-'••--""'••••••••• ...*•••••••';••••:-.*..-...•..•"--. *....:••••:-.:-. 2...-----::, :::-...........--:.''.•:.•*..".....:-.-...---":-...:::: -...:,•••••-:: '"...•i.:..-.•-:........-:::::::::.....::::- •:::-.....,....';'.........----...::.--:-. -:.::::••.......MA131A-BIWIcP.;.- pitan..--Se.pretary.....,.. :.!.....,...,......--.......!::-....„.......,,, :-..., ...„.............- .-:-..-:-:',...,:::,....:: ::::-:::: ...... ..,:::-..,,..! -:.-:.:,......... .....,.. :::i-,:.:::.......- --,..,...H.::: :::..,.....•.... ::-:.-.......... ::, :::: i,,.......i..?...-::. .........:::........ .................:. .:...:......: ................: ..-:-...,:::-:-..... ....„.:::.--.:::- ::::.....:..: -....,:...::. ":-............ -,:.-.:::,H....--:::::: ,..::::,.. .,...:.:::..::.. ....,..,.... ..:..-:;:..,..,..:::::-:-...........:... ........,......-'.. -.„:::-,......: :......-......„ .::::,::::...:::::......"-.:::.-......... 0 0 • , 1 I I I • ACKNOWLEDGMENT • I 1 I I ' State of California ' I 1 i County of ( Los Angeles ) • 1 • , I On 5/29/2014 before me, Suzie H Na, Notary Public 1 • , 1 (Insert name and title of the officer) I • , 1 I ' personally appeared Jimi Chae ' 1 i who proved to me on the basis of satisfactory evidence to be the person(s)whose name(sOare • , subscribed to the within instrument and acknowled ed to me tha h /she/they executed the same in , s/her/their authorized capacity(ies),and that b ' /her/their signatures)on the instrument the , 1 person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. 1 • •1 ' I certify under PENALTY OF PERJURY under the laws of the State of Californa that the foregoing ' I I i paragraph is true and correct. • 1 IWITNESS my hand and official seal. 1 • , 1 1 ' -.SUSUZIE H. NA ' I „ , COMM.#2022906 I ' NOTARY PUBLIC•CAUFORN1A ri r ' \-f- yLOS ANGELES COUNTY 1 ' • .1 Comm. .MAY 2,2017 1 1111, 1 • Signature (Seal) , I 1 • , 1 1 • , I 1 • 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 California Labor Code Section 1861,Contractor hereby certifies as follows: C-17 "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 I9-• Signature 1: Am& Date Sign atu re 2: Kih r C-18 • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No.or description: ()(fO cA1 L.pbu, p641(....s-NAmt thiykitte. (2.01.%,,,t 6Yed,i/M4/1 Indemnitor(s)(list all names): 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 a d onditions under this instrument shall be joint and several. "Indemnitor" /'Ø71t%C411> t dt/K., Name lite„ By: 3161 ;1 ► � � By: O'N- Its Its C-19 ADDITIONAL INSURED ENDORSEMENT-COMPREHENSIVE GENERAL LIABILITY -F-66() CON-hrbi CY/'(/)/ 4( ccf ])-o (14 9ooav . ame pnd address named insured CNamed Insured"): awo.A(L (011/41 Jobtortaa- - ed co0 E-. PAcer nsured"): /' A1(& 1-ø$ yo , 2- Name and address of Insurance Company("Company"): 1- A/fa-AL- ,w- 41"s/ fdo� General ekscription of agreemenP(s),permit(s),license(s),teindior activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in anyendorsement now or hereafter attached thereto,it is agreed as follows: e 1. The d (A 0 (9ô.b5L4ihJ ("Public Agency"), its elected official, 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. C-20 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 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 060„,ht. Wit), 1, 000,OciO 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: o Contractual Liability o Explosion Hazard o Owners/Landlords/Tenants o Collapse Hazard -1 Manufacturers/Contractors o Underground Property Damage u4roducts/Completed Operations o Pollution Liability o Broad Form Property Damage o Liquor Liability o Extended Bodily Injury o o Broad Form Comprehensive o General Liability Endorsement o retention(check one) of$ O. 1. O 12. deductible.or o self-insured } $ applies to all coy-ra:-(s)except: (if none,so state). The deductible Is applicable o per claim or r per occurrence(check one). 13. This is anioccurrence or o claims mad policy(check one). Z(b Z 0 lforms apart of LI .a. This a opement is effective on at 12:01 a.m.and o Policy Number L4( 04-0 I, SO/1,f,L (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 IYh/9L( 0 ,2v iy Signature of A(thorized Representative <00 -40 (0 (Original signature only;no facsimile signature No.: or initialed signature accepted) Telephone ( ) 9 P ) C-21 ADDITIONAL INSURED ENDORSEMENT-AUTOMOBILE LIABILITY • Nome and address of named insured("Named Insured"): 010 0 (111,-5k0('(7 .01 - A oo k#0 Lo4, C9 .000 Name and address of Insurance Company("Company"): iP S r 0 T-in t,u frt.N i.r. (o 01 a m'a.tAi, LNAQ. ()1/4ke‘ fu A,uu -, 0 0 .5 0 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 o Rc4 Pa. 4( UtralL5 ("Public Agency"), its elected officials, rcers, 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 or executed in conjunction with the written agreement(s)or perrnit(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. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, C-22 ID 0 construction,interpretation,and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FRO CTO LIABILITY SrAboivil r 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: I Any Automobiles ; Truckers Coverage iAli Owned Automobiles i Motor Carrier Act TX Non-owned Automobiles I Bus Regulatory Reform Act I Hired Automobiles Public Livery Coverage I Scheduled Automobiles i. I Garage Coverage i 12. A o deductible or o self-insured re ention(check one)of$ applies to all coverage(s)except: ` none, so state). The deductible is applicable G per • dairn or G per occurrence(check one). 13. This is ar(occurrence or o claims maa policy(check one). 14. This endorsement is effective on r 1 at 12:01 a.m. and forms a part of Policy Number cY I, 0111 4 C hO I.. (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed NI/111 /; ,20 i7c Signature of Au orized Representative 33glo o 1 o (Original signature only;no facsimile signature • I1 -r initialedi t re acce tedTelephone Na. � ,} o s gna u p ) C-23 41111 ADDITIONAL INSURED ENDORSEMENT- EXCESS LIABILITY 7c36 iil ' ;AA( C-00 Chath :P(• cie, 9002. Name and address of named insured("Named Insure "): ICY .41Citr thitro , oto c717n3 06 Nome 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. The0j414 Of iaitA ()lade' ("Public Agency"),its elected officials, fficers, 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 Insuredshave 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 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. S. 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-24 0 • ti 3 t 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275 10. Except as stated above and not In conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY (AUk)re((q c ( (q) 2013— (Li 4-( 000to AFoilowing Form o Umbrella Liability 0 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT LaMdlitill Al2X ftvduI ) qq (to/-10 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A o deductible or o self-insured retention(check one)of$ I4D h` ' applies to all coverage(s)except: (if none,so state). The deductible is applicable o per claim or o per occurrence(check one). 14. This is aniccurrence or o claimsade policy(check one). c-r 4 JII 15. This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number I, ct2 1110 CH 0 1 (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed 20 ! V C Signature of Au horized Representative (Original signature only;no facsimile signature Telephone No.: ) 3ri) (0(4or initialed signature accepted) C-25 • http://www.palo es.com/rpv/finance/business-license/receipt.cfm Search Lilo 0 HOME GOVERNMENT BUSINESS RESIDENTS HISTORY CONTACT kL THANK YOU. You have successfully completed the online application for a Rancho Palos Verdes Business License. $498.25 has been charged to your MasterCard/Visa credit card. An e-mail confirmation will be sent to you shortly. We recommend that you print this page for your records. Transaction Number: 172919 Transaction Date: 05/29/2014 Finance Staff will process your application and contact you if further information is required. If no additional information is required, a business license will be issued and mailed within three weeks. If you have any questions regarding your business license application, please e-mail us at businesslicense@RPVcom or call 310-544-5391. Please include your name, contact information and transaction number with any business license inquiry. If you have any comments or suggestions regarding the City's online business license application process or website, please e-mail us at license@rpv.com. Please include your name and contact information with any comments. APPLICATION INFORMATION Business Name: TOBO Construction,Inc. Business Address: 500 Shatto Place,Suite 320 Street Address Los Angeles,CA 90020 City,Zp Mailing Address: Street Address City,Zp Business Phone: 213-382-0213 ext.103 SS#or Tax ID#: 95-4700208 Email Address: sna@toboco.net Ownership Classification: Corporation Business Owner Name: Monica Oh Business Description: Construction Regulated Businesses: None Click here to return to the business license page. 1 of 1 5/29/2014 12:18 PM • • EXHIBIT "B" CITY OF RANCHO PALOS VERDES BID SHEET RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION(Project 014812) NAME OF COMPANY: it) To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials, equipment and supplies for the project identified as RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION (Project 014812) in accordance with the specifications and plans for demolition, construction and installation in the Contract Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices: LUMP SUM ITEMS SHALL INCLUDE PROVIDING AND INSTALLATION OF ALL COMPONENTS STIPULATED WITHIN THE CONTRACT DOCUMENTS AND NECESSARY INCIDENTALS TO FACIUTATE PROVIDING SAID COMPONENTS. SURVEY, GRADING, AND BMPS SHALL EB CONSIDERED INCLUDED IN THE INDIVIDUAL BID ITEMS. NO ADDITIONAL PAYMENTS WILL BE MADE. 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. BID SCHEDULE RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION(Project 014812) ITEM DESCRIPTION UNIT OF QUANTITY UNIT COSTTOTAL COST MEASURE $ $ 1 Mobilization LS 1 qq;it A gift 2 Unclassified Excavation LS 1 WO, 'f3;°°D. Construct Curb and Gutter 3 Per SPPWC Std.Plan No. LF 911 4'10 )30. 120-2 Type A2-6 Construct Curb and Gutter 4 Per SPPWC Std.Plan No. LF 29 33?-1k-- 120-2 Type A2-8 Construct Curb and 5 IF 205 — 6 Rio.- Gutter Per SPPWC Std. P-3 e • Plan No. 1202 Type A3-6 Construct 4-inch PCC 6 Sidewalk Over SF 2725 IJ, --Compacted Nativec Dso Construct 3-inch Asphalt 7 Concrete TON 212 i-oO• 4 - Construct 6-inch Thick 8 Crushed Aggregate Base CY 210 /le q W. -‘ , , Construct Soil Nail 9 RetainingWall SF 5247 3 ,- /61 ,q31-•- , , 10 Construct Wood Fencing With Metal Mesh �F 658 PIC-- 51-r • -- Furnish and Install 24" 11 CMP complete LF 16 .2-5D, ift. tX), Furnish and Install 18" 12 CMP com lete IF 435"Di- p f 6,i-t-0. -- Construct Curb Opening 13 Catch Basin Per SPPWC EA 2 = 300-3 W=7' 3 •7 Construct MSE Wall 14 SF 716 _ 3)-1)10.- Paint Parking Stall and 15 Striping Per Plan 1 4ciiO4' 6ca).pt Modify Existing 16 LS Landscape and Irrigation 1 -O(Y oc�o, TOTAL BASE BID SCHEDULE IN NUMBERS: 6'f(IO( X. .-- TOTAL BASE BID SCHEDULE IN WORDS Thia r/fa-/S The contract shall be awarded to the lowest responsible bidder based on the TOTAL BASE BID. P-4 • Construction, Inc. 500 Shatto Place,Suite 320 Los Angeles, CA 90020 T: (213)382-0213 F: (877) 411-8626 CA Contractor's License No: 758012 1 ! j Bidding Office of the Director of Public Works City Hall,30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION (Project 014812) 1111 0 PROPOSAL CITY OF RANCHO PALOS VERDES RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION (Project 014812) TO THE DIRECTOR OF PUBLIC WORKS CITY OF RANCHO PALOS VERDES The undersigned, as bidder, declares that: (1)this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein; (2) bidder has carefully examined the project plans, specifications, instructions to bidders, proposal, notice to contractors and all other information furnished therefore and the site of the proposed work; (3) bidder has investigated and is satisfied as to the conditions to be encountered,the character,quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees,in the event this contract be awarded to bidder, to enter into a contract with the CITY OF RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans,if any,and the terms of the specifications,in the time and manner therein prescribed, and to furnish or provide all materials, labor,tools,equipment,apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said specifications,for the following stated unit prices or lump-sum price as submitted on the Schedule attached hereto: The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. Accompanying this proposal is 131SOINI. (Insert)"$ "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 ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature,the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void. Licensed in accordance with an act providing foil e r istration of contractors,California Contractor's License No., �1?!'Class i e► 6 piration Date, Oj3IfD(ç . Signature(s)of bidder: ��1 6)1L—..-----' If an individual,so state. If= 9 rm or co-partnership,state the fi na a and give the names of all indhiidual co- partners composing the fl w If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and = :ger thereof. Two notarized officer's signatures and the corporate seal are required for corporations. P.- 1 • io r�...,_i...... ri ...___..�i..r .►i_ri__i__r..►r�..i_Ir/...IiI_I�.I�I.....____I...wI-I-I..../.../_. I !/ I 1 / ACKNOWLEDGMENT • I I • • I I • 1 • 1 State of California 1 I / County of I Los Angeles ) 0. / • 1 On 4/16/2014 before me, Suzie H Na,Notary Public I• I (Insert name and title of the officer) I 1 I / personally appeared Jimi Chae&Monica Oh / I I ° who proved to me on the basis of satisfactory evidence to be the person(s),h,Qse name(s)is/(9' • / subscribed to the within instrument and acknowledged to me that he/she/tCxecuted the same in • I• his/her/6authorized ca acct ies,and that byhis/her/ar,si nature(s)on the instrument the • 1 P Y( ) signature(s) or the entity upon behalf of which the person(s)acted,executed the instrument. I • I 1 / • I certify under PENALTY OF PERJURY under the laws of the State of Californa that the foregoing I I / • paragraph is true and correct. I I I• WITNESS my hand and official seal. I• 1 . i.. SUZIE H. NA I / $ COMM.#2022606 1 �j= / LOS ANGELES COUNTY "h 1 / ` i Comm.Exp.MAY 2,2017 Signature (Seal) / 1 / / 1 1 I / I 1 • TO � •�C . Le al Business Name, �� Legal Address. V)() M 4 31-) ( ��a A. � p "ft Tele hone: 3 • 310-- • 1.))-V3 Contact: 4e'lt,i I ��•� 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 RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION (Project 014812) Bid Date All y it I This information must include all construction work undertaken in the State of California by the bidder and partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership,joint venture,corporate or individual bidder. The bidder may attach any additional information or explanation of data which bidder would like to be taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. { 1 P -2 1 INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information: (Additional sheets may be attached if necessary.) (1) Address: lt)°` 0/(40 • 44)-0 141- CA q°31-D • (2) Telephone: I3 . ? )- . (3) Type of firm-Individual,Partnership,or Corporation: (1)‘ ()dal'Cr) . (4) Corporation organized under the laws of the State of Ott. (5) Contractor's license number and class:ri c.,eyvi A-+-e> (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation: Vrr & Vh — ;fPAet ci,e4A7 , 'i()"‘ --- cap. cal:644i/ _ (7) Number of years experience as a contractor in construction work 1(p. (8) List at least three similar projects completed as of recent date: Contract Amount Class of Work Date Completed Name,Address of Owner,&Telephone No. ORCiPrAtJtikS+��+h,afAvki.niAt. 3P11,13.3-L44111 �IW 14-10-2312; st4)-CAPi7S6.new��trw�►o� li��us �0410- awkt. i�l��►�� t •56444.661-,sr-�c�s(, 41*Relg. Atitia414,40 aik€4,416401,,r�1-. ed2erreitm. tytriltir (9) List the name of the person who inspected the site of the proposed work for your firm: &144", 141 - (10) NOTE: Upon request of the CITY, the bidder shall furnish evidence showing a notarized financial statement,financial data,construction experience,or other information. P- 5 • (11) "Bidder shall be properly licensed at the time of bid submission or the bid shall be considered non- responsive and shall be rejected." p_6 • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business& Professions Code 7028.15] [Public Contract Code 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below: Business& Professions Code 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now ' 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractor to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non- responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this �' - 7 0 chapter. The amount of civil penalties,appeal,and finality of such citations shall be subject to Sections 7028.7 to 7028.13 inclusive. Any contract awarded to,or any purchase order issued to,a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e)of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee,officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section,a telephone response by the board shall be deemed sufficient. Public Contract Code 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded,the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractor's State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including,but not limited to,any appropriate disciplinary action by the Contractor's State license Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: eViebi j Expiration Date: j 1 ?�f • Date: Ap /11 /6, >01i4-- • Signature: P-8 • DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104] The prime contractor shall complete ALL information in the table below and shall submit it with the bid, at the time of the bid. Subcontractors Owner License License Address and Phone Type of Work of Company Name Name/Names Type Number Number e.g. Electrical), • . A, ) clko 30.5v 1-)161 ScirrviNx..1- N,„f. Percentage Work 1111 (2seiGv&-fe- er - (# adzmAir 3 y � ik_ C.) --- y3:t7-. (A5t,AAA.> 46,19114-- (?-1- . (. 1 1 ti.sem L f.e 44 qi ,s rotor SPCO6-62 P-9 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Record Last Five(5)Full Years: Year of Record 201 ZOt 2011 202._ 20a, Total Current Year • ' 1. No.of contracts 1 3 3 2 3 1(c)" I 2. Total dollar amount of contracts (in ��e`4/- }��' `y�V � yVthousands of$) k� in`- � �(�� -b�� &vitk *3. No.of fatalities 9 a A5 fi gf *4. No.of lost workday cases - 9r ,C '5 /6 lf° sq1 .. *5. No. of lost workday cases involving , permanent transfer to another job or ,�}' � � Atermination of employment Y /6 (6 ri _ , The information required for these items is the same as required for Columns 3 to 6,Code 10,Occupational Injuries,Summary-Occupational Injuries and Illnesses No.102. The above information was compiled from the records that are available to me at this time, and I declare und r penalty of perjury that the information is true and accurate within the limitations of those records. 111 `ebb b eatikiikiik9- --- t.,,,___,- Name of Bidder(print) Signature 00 AtAttC> fx. 41-3m). 5- 2-- A-+ 6- Address Ste Contractor's Lic.#&Classification 4- CPC eic02....0 , - --(3— Vf X -6 --i 3, City Zip Code Telephone SPC06-62 P-10 0 0 Bond No. NMA BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agencry"),has issued an invitation for bids for the work described as follows: RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION(Project 014812) WHEREAS Tobo Construction, Inc 500 Shatto Place, Ste 320, Los Angeles,CA 90020 (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 Allegheny Casualty Company One Newark Center,20th Floor, Newark, NJ 07102 (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 attached bid amount 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 bidding specifications, enters into the written form of contract included with bidding specifications,furnishes the required bonds,one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond,Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys'fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code 2845. SPC06-62 P-11 • 1110 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: April 16 , 2014 "Principal" "Surety" Tobo Construction, Inc Allegheny Casualty Company By: I'lBy: SAI �.� Its L Its Stephanie Hoang, ,mey-in-Fact ipa; By: By: Its Its (Seal) (Seal) Note: This bond must be doted,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. SPC46-62 P-12 411 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .>! j!'�i:tit,�,c�ti.hr�:.:t.�Q.h.pit-%'t.�t'��:!.?<.>N�t-.�_J .•><.�t:�iN�<.�C..►:<:'•hc.+'i,."+� .�`..��.�r�'.hfi"i!'h �:< ittiif_vj^;+t:?•.� A `+f_h_rs State of California County of r Orange Barbara Copeland,NotaryPublic On41 11111 � before me, Pe Here Insert Name and Title a the Officer personally appeared N (a ' r»sPn9 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 0�i�, BARBARA COPELAND + Commission#2016348 -he/she/theyexecuted the same in his/her/their authorized .4if�" ;'�� Notary Public-California i capaaty(ias), and that by-his/her/their signatures}on the M' Z " 2 ~ orange County instrument the person(s), or the entity upon behalf of � M Comm.Expires A r 19,2017 which the person($}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. WITNESS my h nd and official seal. Signature Placa Notary seal Above Signature ry PubMc OPTIONAL Though the information below is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this florin to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(a) Signer's Name: Stephanie Hoang_ Signer's Name: O Individual 0 Individual O Corporate Officer—Title(s): 0 Corporate Officer—Title(s): O Partner—O Limited 0 General t T 0 Partner—O Limited 0 General r.F .1',- Oa •_Oa Attorney in Fact O Attorney in Fact O Trustee Top of thumb hate 0 Trustee Topof thumb here O Guardian or Conservator 0 Guardian or Conservator O Other: 0 Other: Signer Is Representing: Signer Is Representing: a;4 w'<,'NG�'<r•..p•.gyp,✓<.rv<.Ni"N ✓,'✓♦iv<,ti NQ.y4 A'1r N<.Ny Ivo✓v.►"4 Nv N .v<.rip,Np.y. 'p tv.✓V r+..+" /+'v a: y.N< f4.lase�"r v<-.vy ate♦.vM vp✓G.✓ 02007 National Notary Assodsdcn•9350 Oe sato km..Po.hoe 2402•Chatsworth.CA 91313^2402•wvms.N.tlonaINaary erg Ilam 65907 Reorder:Call 1b11-Ree 1 41004764027 Y;.' d t*4 jr♦; . •`.. A .0 •, k ,:{,» { !f`.v r 1 �. ti'•,? .;. 6 .;\ ..;,. 41, ? ,' J',r J f \ > i '� } iJ, : y r.V � :ti ti. .-i� 'i�a •••'� f ..t ', a .. �� \'\ .Z • A- •t. .•a .J.• •' •a� •\' .. t..Y:.. :'::,t. '1w ? ;: •�:. .•J. y {'.-, . .ti �•• .. ."^ '•• a i• :t •• ,`. 'yam ` ', ••.: •�. •` v �_ . J •�.••?JK ... . .. .. . . . 'l- • '. ,i \ • • a - . •, \. , • . 0 wER •Y • •}ATTOR1EY ey,...., / \\• '.\.,• X1.4 ., •N .. :.- -.. ,.,.. :174•31 f coal citOzoci '..: - „ ,- . ..., of .. .. . • . ..— . ...„, - . . : — - • • • - . • . : . . •, . •..... . ... , .. .. .. •, .. .: .„..• .. • .:.• .• •.. . , . • . .. ,• •.. . ... .. • • • • • INTERNATIONAL-FIDELITY INSURANCE COMPANY • . ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint STEPHANIE HOANG, MARK RICHARDSON, ERIC LOWEY, SHAWN BLUME Costa Mesa,CA. their true and lawful attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writs obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute rule, . lation contract or mise of such instrumen s in rsuance of thesepresents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE and the exec aa dulyexecuted and COMPANY and ALLEGHENY CASUALTY QOMPANY,.as fully and amply, to all intents and purposes,as If the same had been acknowledged by their regularly elected officers at their principal offices. This Power of � executed and maybe revoked, pursuant to and byauthorityof the By-Laws of INTERNATIONAL FIDELITY INSJIRANCE ee�� authorityof the follow resolution the Board of Directors q��C3i�tE�Y CASUALTY COMPANY and�granted under and by adopted COMPANY and ALLEGHENY COMPANY at a meetingdu held on the 20th dayof July,20 and by the Board of ALLEGHENY of INTERNATIONAL FIDELITY INSURANCE �� CASUALTY COMPANY at a meeting duly held on the 16th day of August, : "RESOLVED that (1)the President, Vice President, or Secretary of the Corporation shall have the mower to appoint,and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the Corporation s the ration's seal ereto,bonds,undertakings, recognizances, contracts of indemnityand other written obi'atone in the nature thereof or and affixCorporation's for acceptance of related thereto,* and(2)anysuch Officers of the Corporation may appoint and revoke the appointmen of joint-control cus•.!ans,agents with authors to execute ►�y consents on behalf of the Corporation;and 3)the signature orany such Officer of the and tom fact authority waiver; by�facsimile to anypower of attorneyor ction given for the execution of any bond,undertaking, ��o�ra�lon and the� anon s seal may be affixedcs recognizance contract of indemnity or other written obi ation in the nature.thereof or related thereto,such signature and seals when so used whether heretofore or hereafer, being hereb adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid binding upon n the ration with the same force)and effect as though manually affixed. and n ng po Gorpo IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March,2012. 011Y ,z �� STATE OF NEW JERSEY /' '� Countyof Essex (C4N ,.t ,,,t. 44,,,,,4,. I � 1�3� * ROBERT W.MINSTER !� Executive Vice President/Chief O ting Officer 4, ,,, o ��VN (International Fidelity Insurance Co npany) and President(Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto setmy hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. ,,,,i;k4f.V...41z0"4-, _,IP 01b**p'iq�•• .Gtit (14.bf-ef a 44411 G A NOTARY PUBLIC OF NEW JERSEY ' ��`.•' Commission Mar.27 2014 13,;•14:... e ••0,` My Expires flutt.e.0000 CERTIFICATION I.the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. TI NY WHEREOF, I have hereunto set my hand thisIfth day ofti)fl1,/DP+. IN TES MO . --/1(....04,: 46....or-e—a,-- • . . . . • • • . MARIA iRANCO;Assistant Sir - • <' � a• ti h ti'• J! y♦•'f .- •},•S .6a • r � /. .`.•i `i . •, `. < t:J t• ' '} JY �\ '•' i�, . ! ;�, .•a' i 2.. .3'I ,.'••J:J• �.• ;*' '. i .. �.•� .\......:'.- 6.....,e:.;.-:.::;..:.— .., J,n• �. S.. .? �, v. •y :',.,t,. t a.'<; \• (`: ��.r�J. ..��li •�Nd. Lir,.:'~ ..,�yfv:J�a. '•i��. .'.J{v} tiir:ii':�. �:•. .v. .vD;•a '•,:•:.t; .r...:�..�. :iti•::'� Mr, .:d.; 0 9 r______ . i ...��►i. i. ►.r..�i��.. .. ►... .►_i. i_i��i_��.,_��..��r►�ii___i_.._.._i��„ 1 1 I I • ACKNOWLEDGMENT • I I I I ' State of California ' 1 County of ( Los Angeles ) • I 1 I On 4/16/2014 before me, Suzie H Na,Notary Public I , • I (Insert name and title of the officer) I , , I I ' personally appeared Jimi Chae ' who proved to me on the basis of satisfactory evidence to be the person(s)whose names i are • 1 subscribed to the within instrument and acknowled- -d to me tha she the executed the same in I � e / Y • &/her/thelr authorized capacity(ies),and that •0/her/their signature(s)on the instrument the 1 • 1 person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. 1 • • I I that I certify under PENALTY OF PERJURY under the laws of the State of Californa the foregoing ' I I i paragraph is true and correct. • 1 / WITNESS my hand and official seal. 1 , • 1 1 - SUzIE H. NA 1 • ':'= COMM • .#2022906 I .:,•:,:g:°-;L:',° NOTARY PUBLIC•CALIFORNIA1 ,/ -:�, jos as COUNTY • Signature �� (Seal) 4 Comm. .MAY 2,2017 • 11 1API I 1110 • NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code§ 7106] State of California tWith-i; County of (,(25 • ) ss. City of L SAyv/dav7 The undersigned declares: Ain I am the ce� of_1)120 the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute,and does execute,this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is rue and correct and ,that this declaration is executed oniii)171( (, 2OI [date], at L2'4 [city], 1,4(ttii4-041 [state]. } Signature -- Subscribed and sworn to before me on All UP 1'V IVl� t . (Dote) (Not• - -• Signature SUZIE H. NA COMM.#2022906 G otary Public • NOTARY PUSUC•CAUFORMA t}'=irry,j LOS ANGELES COUNTY '• ' Comm.Ex .MAY 2,2017 SPC06-62 P- 13 • 04/14/2014 13:55 13105445292 PUBLIC WORKS PAGE 02/09 ADDENDUM NO.1 RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION (PROSECT NO.0141312) FOR THE CITY OF RANCHO PALOS VERDES In accordance with"Addenda"on page NC-4 of the"Instructions to Bidders",the following changes(revisions, additions,and/or deletions)are hereby incorporated and made a part of the subject plans,specifications and contract documents for this project.ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED BELOW. FAILURE TO DO SO MAY SUBJECT BIDDER TO DISQUALIFICATION.A SIGNED copy of the ADDENDUM MUST BE INCLUDED WITH THE PROPOSAL DOCUMENTS AT THE TIME OF BID. This Addendum forms a part of the Contract Documents for the above-Identified project and modifies the original specifications and Contract Documents,as noted below. Portions of the Contract,not specifically mentioned in the Addendum,remain in force. All trades affected shall be fully advised of these changes,deletions,and additions. This addendum Included additions and changes to the contract documents as follows: CHANGE TO THE BID DUE DATE 1. Delete Pace NC 1 Notice Inviting Sealed Bids Replace with NC—1(a) CHANGES IN SPECIFICATIONS 2. Delete Page GP-2 Replace with GP-2(a)(Attached) CHANGES IN PLANS 3. Delete Sheet 14 Replace with Addendum No.OISheet T-1 dated 04/03 4. Delete Sheet C-1 Replace with Addendum No.OISheet C-1 dated 04/03 5. Delete Sheet R-3 Replace with Addendum No.OlSheet R-3 dated 04/03 OTHER 6. The Bidders are reminded that Contractor's Daily Reports will be required for this project as outlined on page GP-16,Item 29 of the General Provisions. 7. RFI Responses Attached End of Addendum No. 1. 4-14 0-'11, Michael Throne,P.E., Date Director of Public Works I acknowledge receipt of this Addendum No. 1 and accept the aforementioned. 4,, t404 Z0( I- . to if ; Date Bidd Addendum No. 1 (Ryan Park Southern Entrance Realignment and Parking Lot Expansion) 1 0 0 • I I • / I I • ACKNOWLEDGMENT • I I • • I 1 State of California • 1 I / County of ( Los Angeles ) I I / I On 4)16/2014 before me, Suzie H Na,Notary Public I / / I/ (Insert name and title of the officer) I , i I • I personally appeared Jimi Chae ' I who proved to me on the basis of satisfactory evidence to be the person(s)whose name( 0-re • I subscribed thewithin instrumentI su scr bed to th and acknowl d to me tha��/she/they executed the same in , I h' /her/their authorized capacity(ies),and that b ' /her/their signature(s)on the instrument the 1 • I person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I • , I I 1 I I certify under PENALTY OF PERJURY under the laws of the State of Californa that the foregoing • I / paragraph is true and correct. : • I WITNESS my hand and official seal. I • I I J 1 • SUZIE H. NA I / I .. { f.,` comm.#2022906 • ��Pusuc�c.�oRNu► , I Ki.,,,;.„ . , jos 8 cou�nr Comm. .MAY 2 2017 • Signature7 (Seal) , 1 1 • , I• 1 • 1 1