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