Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
GRFCO Inc
,RECORDING REQUESTED BY: Ciity of�l Rancho Palos Verdes WHEN RECORDED MAIL TO. r Name City Clerk Street City of Rancho Palos Ve edes 0211812016 Address '30949 Hawthorne Blvd. City Rancho Palos Verdes State C A Zip 90275 *20160177998* ig L. J Space above this line for recorder's use TOLCO, S FORMS;:'NC. SINCE 1893 NOTICE O� CO�f SLE i, Ttt�� q Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that: p 1. The undersigned is owner or corporate officer 9 rpo , o cer of the owner of the interest or state fated below in the property hereinafter described. 2. The full name of the owner is City of Rancho Palos Verdes 3. The full address of the owner is 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 4. The nature of the interest or estate of the owner is: In fee. (If other than Fee,strike'In fee'and insert.for example.-purchaser under contract of purchase,'or'Lessee') 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as tenantsor jointas tenants in common are: NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property,hereinaft r d scri ad wa corZ et 2 l 3 0 l 2 01 5 ��JJ Roan Road Storm Drain Renaol itarion �Lu]CCt The work done was: 8. The names of the contractor, if any,for such work of improvement was GRFCO, Inc. (if no contractor for work of improvement as a whole,insert'None') (Date of Contract) 9. The property on which said work of improvement was completed is in the City of Rancho Palos Verdes County ofL,os Angeles , State of CA - ,and is described as follows: Storm Drain Easement 10. The street address of said property is 28684 Roan Road (If no street address has been officially assigned,insert'none'.) dcrY of d 13/ 05 VRPc5 A Dated 14 (7/(A!__________ aZ(Aj et2Zt. ..--, (Signature of Owner or corporate officer of Owner named in para raph 2,or his agent) C t z-'i PrC, VERIFICATION I, the undersigned, say. I am the City Clerk the Declarant of the foregoing Noticeof (President of,Manager of,Partner of,0,Tier of.etc.) __ 9 9 Completion; I have read said Notice of Completion and know the contents theroof:the s3,T,b is true to my own knowledge. I declare under penaltyof perjury that the foregoing is true and correct. Executed on �'--1ea�p7 20C'..moiof Rancho Palos Verdes CA 4_____ (Per!Mr:,•n.tura of the individual who is sw�eanng thb�the caonient the Notice of Completion are true) 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. impul Wolcotts makes no representation or warranty, express or implied, with respect to the merchantability 7 6777 or fitness of this form for an intended use or purpose. ©2005 WOLCOTTS FORMS,INC 5 01114 2 FORM 1114 Rev. 10-05 DO NOT RECORD THIS PAGE REQUIREMENTS AS TO NOTICE OF COMPLETION Notice of completion must be filed for record WITHIN 10 DAYS after the completion of the work of improvement (to be computed exclusive of the day of completion) as provided in Civil Code Section 3093. The "owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-owners (in fact, the foregoing form is designed for- giving orgiving of the notice by only one co-tenant), but the names and addresses of the other co- owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors. In paragraphs 3, 5 and 6, the full address called for should include street number, city, county, and state. As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words "A work of improvement" from paragraph 7 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., "The foundation for the improvements"); (2) Insert the name of the contractor under the particular contract in paragraph 8. In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need to given if there is no general contractor, e.g. on so- called "owner-builder jobs." In paragraph 9, insert the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached. In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority. The language that is obscured by the type-written text or by the formatting lines of the form reads as follows: The full address of the owner is 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 A work of improvement on the property hereinafter described, was completed on 12/30/2015. The work done was: Roan Road Storm Drain Rehabilitation Project The names of the contractor, if any, for such work of improvement was GRFCO, Inc. I certify(or declare)under penalty of perjury that the foregoing is true and correct. Date: Fa GU/1P Signature: La First Legal Support Services Place of Execution: OR WALK� £,4t/f11,Ri'J/A - . This page is part of your document-DO NOT DISCARD 4-12.07Pk {0r,.�, 20160177998 Il 1 HIIIIIIIIIIlIIIllllll P063: Recorded/Filedofficial in Records { 14 Mir 1(4' RecordeYscircLosAngelesCounty, °AuFo%MP‘ 02/18/16 AT 01:43PM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 1111011111111110111111011111011111111111111101011011111110 I II III III LEADSHEET 11111 I III VIII III 11111 III 011111111 VIIIHI ID 1111 IIIIVIIII1111 201602183520064 00011730844 IIIO10II0111111111111100738IM9747�� SEQ: 01 DAR - Counter (Upfront Scan) uII 0111 0111 1011 0111 00111 10101 Ill 1111111 101 0111 OIl 1111111111 111111 III 11111 11111111 11110 1111111 1101 1111111111 III 11111111111111111111111111111111111111111111111111111111 11111111 1111 E.17,10- THIS FORM IS NOT TO BE DUPLICATED CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT ROAN ROAD STORM DRAIN REHABILITTION PROJECT THIS AGREEMENT ("Agreement") is made and entered this G of Oovraer day 2015, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and CGQcco, ("Contractor"). Contractor's license number is 2611o13 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 ROAN ROAD STORM DRAIN REHABILITATION ("Project"), as described in this Agreement and in the Bid Documents (including the Notice Inviting Sealed Bids, the Instructions to Bidders, the General Provisions, the Special Provisions, the Proposal, Appendices I through V, and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents), which are on file with the Department of Public Works and incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be performed in accordance with the latest edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook"), including supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California (collectively "Standard Specifications"), which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. 2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for under written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 4. 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 C-1 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 Sev -5;x +housoma «►-4 19 ollars ($ 7 6 1300•00 ) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit"A" 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. C-2 d) If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent (5%) of Contractor's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. Further mandatory details are provided in Public Contract Code Section 22300(d), which is incorporated herein by this reference. e) The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f), which is incorporated herein by this reference. 9. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in 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. Default and Remedies. Default shall consist of any failure by the Contractor to perform under this Agreement or written amendments thereto or any breach of any covenant, agreement, provision or warranty provided by the Contractor as a part of this Agreement. Actions which constitute a default include, but are not limited to: (1) failure to submit to the City reports which are required pursuant to this Agreement or the submission of required reports that are incorrect or incomplete; (2) submission of requests for payment or reimbursement of amounts that are incorrect or incomplete; (3) the failure of Contractor to accept any additional conditions which may be required by law, by executive order, by regulation or C-3 by other policy announced by the City, the state or any federal agency; or (4) failure to perform any activity required by this Agreement. Upon occurrence of any default, the City shall advise Contractor in writing of the action constituting the default, and specify the actions that must be taken to cure the default. The City may suspend payment under the Agreement. If Contractor does not cure the default within thirty (30) days of receipt of written notice from the City, the City may continue the suspension or, by written notice of termination, may terminate this Agreement. Notwithstanding the above, Contractor shall not be relieved of liability to the City for damage sustained by the City by virtue of any default or breach of the Agreement, and the City may deduct the amount of damages from any outstanding payments to Contractor or may withhold payments until such time as the exact amount of the damages is determined. 13. 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. 14. Indemnity. a) Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, proceedings, suits, losses, bid protests, stop notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of or incident to any act, failure to act, error or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising out of the Agreement, including without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). Further, Contractor shall appoint competent defense counsel approved by the City Attorney at Contractor's own cost, expense and risk, to defend any and all such Claims that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such Claim. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable. C-4 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. 15. 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). 16. Record-Keeping and Reporting. a) Records to be Kept. Records shall be maintained in accordance with the requirements prescribed by the Secretary of Housing and Urban Development ("HUD") or the County of Los Angeles (the "County") with respect to all matters covered by this Agreement. Except as otherwise authorized by HUD, such records shall be maintained for a period of five (5) years after receipt of the final payment under this Agreement. Additionally, pursuant to Government Code Section 8546.7, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three(3) years after final payment under this Agreement. C-5 b) Documentation of Costs. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, orders or other accounting documents. All documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. c) Inspection of Records. At any time during normal business hours and as often as City, County, HUD and/or the Comptroller General of the United States may deem necessary, the Contractor shall make available to any of these entities for examination all of its records, with respect to all matters covered by this Agreement, and will permit any of these entities to audit, examine and make excerpts or transcripts from such records, including contracts, invoices, materials, payrolls, records of personnel, conditions of employment and any other data relating to matters covered by this Agreement. 17. 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. 18. 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. 19. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. 20. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. 21. 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 C-6 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. 22. 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. 23. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under take self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 24. 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. 25. 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. 26. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. C-7 27. 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. 28. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. The required forms entitled Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. Contractor shall also obtain a one-year warranty bond in an amount that is not less than the total compensation amount of this Agreement and in a form approved by the City Attorney and shall deliver this bond to the City before the City's acceptance of the project; alternatively, the Contractor shall submit written evidence from the surety of an extension to its performance bond, to be effective for a year after acceptance by the City, and shall submit this extension before the City's acceptance of the Project. 29. 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. 30. 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. 31. 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. 32. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without the City's prior written consent. Any purported assignment without written consent shall be null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. 33. 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. C-8 34. 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. 35. 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. 36. 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. 37. 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. 38. 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. 39. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONTRACTOR: The address listed in Exhibit"A." 40. 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. C-9 41. 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. 42. Lobbying Certifications. The Los Angeles County Lobbyist Code Chapter 2.160 County Ordinance No. 93-0031 Certification and the Federal Lobbyist Requirements Certification are attached hereto and incorporated herein by this reference. Consultant shall complete and file these Certifications as required by the City or the County. 43. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. 44. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement, including those governing the funds provided under this Agreement. 45. Ownership of Documents and Work Product. a) All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to to this paragraph. b) CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of C-10 protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. c) Upon termination, abandonment or suspension of the Project, the CONSULTANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. 46. Amendment. The City or Contractor may only modify or amend this Agreement or any provision herein in a writing signed by both parties which expressly refers to this Agreement. The City may, at its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amount, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as a part of this Agreement, such modifications will be incorporated only by written amendments signed by both the City and Contractor. [signatures on next page] C-11 IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITY OF ' CHO Pa 4!: VERD S By: ay• ATTES '. 4AP''OVED AS TO FO v By: BY: Gity.Clerk City Attorn y Dated: (ppm,rrrc ("CON TOR") By: Printed Name: 6eors€ Title: pre S; 0-evt By: Printed Name: G-Po c)77-- Title: )S'7--Title: 5-4>crej-ck.s'"`� C-12 ANIIMNMPIIMNIIMIMIIIMMMMIMMINMIIIINIIIMMMINIIMIIMMMIIIHIIIIIIMIIIIIMNIIIIIMIIIMIIMIIIOIOMIL CALL FOIRN IA ALL PURPOSE ACKNOWLEDGMENT 1._........ ........____________MI 1•11MOINMEMMINIMMINIMMINS11111111 VIIMMOIMIIIIMIIIMINIMMIII1111111111 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } COUNTY OF RIVER.$IDE — } On _Gc40bec- /1// ;?C' S before me, James Craig Jackson Notary DatInsert Name and Title of the officer Public, personally appeared_ George Frost _ _ 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JAMES CRAIG JACKSON draw. ,,,.,74... #2055465 WITNESS m y hand and official seal. - NOTARY PUBLIC-CALIFORNIA I -" RNERSIOE COUNTY My Coram.Won October 10,2018 Signature:if - /_ • • • ----OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended 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(s) Signers Name:_aufge Frost _ Signers Name: _ __ 0 Corporate Officer—Title(s) President&Secretary ❑ Corporate Officer--Title(s) __ ❑ Partner-❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual LI Attorney in Fact ❑ Individual Attorney in Fact 0 Trustee Guardian or Conservator ❑ Trustee ❑Guardian or Conservator ❑ Other: CI Other: __ Signer is Representing:_ GRFCO, Inc. Signer is Representing:______ _____,__ CITY OF RANCHO PALOS VERDES INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS THIS IS INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS VERDES - IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS. 1. By an Individual. The individual must sign the instrument, and if he/she is doing business under a fictitious name, the fictitious name must be set forth. The signature must be acknowledged before a Notary Public, using the proper form of acknowledgment. 2. By a Partnership. The name of the partnership must be set forth followed by the signatures of less than all of the partners will be acceptable only if submitted with evidence of authority to act on behalf of the partnership. The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment. 3. 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 before a Notary Public, using the proper 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 acknowledged before a Notary Public, using the proper form of acknowledgment. C-13 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 St 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 compiliance 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-14 Executed in Two Counterparts Bond No. 12121975 Premium:Included in Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to GRFCO,Inc.,P.O.Box 1747,Brea,CA 92822 (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: Construction Contract for the Roan Road Storm Drain Rehabilitation Project WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to file a good and sufficient payment bond with the Public Agency to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and The Guarantee Company of North America USA, 1800 Sutter Street,Suite 880,Concord,CA 94520 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all subcontractors, laborers, material persons, and other persons employed in the performance of the Contract in the penal sum of Seventy Six Thousand Three Hundred and no/100 Dollars ($ 76,300.00 ) (the"Penal Sum"), this amount being not less than one hundred percent (100%) of the total Contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the Penal Sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. C-15 Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: October 13,2015 C-16 "Principal" "Surety" GRFCO,Inc. The Guarantee Company of North America USA l /te By. By. i I p��S•91( dQ�st T Its Mark E.S ckengast,Attorney-in-Fact dir By: By. I acr=e_ Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT RICHARDS, WATSON & GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. C-17 -INNIIMIMIIIMIIMINIMIIIIIMM1111111 . VIIIIIIIMMININM IINIMIIIIIIIMPI ________. ____ -__-_______ ______ ___________ CALIFORNIA ALL PURPC)SE ACKNOWLEDGMENT ____ . ____________ _______. _,___, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ---111111•1111111.11111 �MINIMaIN liMINIIIMIIIIIIIIMMII Liar. STATE OF CALIFORNIA } COUNTY OF RIVERSIDE – ) On Gc4dose /z/ 2c','S before me, James Craig Jackson — Notary Date Insert Name and Title of the officer Public, personally appeared_ George Frost _ 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JAMES CRAIG JACKSON WITNESS m y hand and official seal. #2085465 ..g a COMM.NOTARY PUBLIC-CALIFORNIA tea. RIVERSIDE COUNTY - Illy Comm.Expires October 10,2018 /!/v�r�.•v�/,n,•�.r.,^.lvvp.�^�4'/vv.itni-f.vY•. ,,//Ly Signature:....c-7,e,..4.0.-- Ce–c–f- 2. 4-4---t-- OPTIONAL .. Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended 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) Signers Name: George Frost._._ Signers Name: __ 0 Corporate Officer–Title(s) President&Secretary ❑ Corporate Officer–Title(s) ______ ❑ Partner -❑ Limited ❑ General 0 Partner- ❑ Limited ❑ General O Individual Attorney in Fact ❑ Individual Attorney in Fact ❑Trustee Guardian or Conservator ❑ Trustee Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing:_ GRFCO, Inc. Signer is Representing: i, ---INIBIONII111111111111.11111MIMINIIIIMIIIIII1111116 i IN �i1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On October 13,2015 before me,_ Julie M.Shreckengast,Notary Public Date Here Insert Name and Title of the Officer personally appeared Mark E.Shreckengast Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose name( is/mac subscribed to the within instrument and acknowledged to me that he/shcc executed the same in hisneentbbsic authorized capacity( ),and that by his/iceodbadt signature(s)on the instrument the person e, or the entity upon behalf of which the persons 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. .• '' JULIE M.SHRECKENGAST WITNESS my hand and official seal. COMM.#2019504 ► NOTARY PUBLIC•CALIFORNIA ARV_ ANGELES couNTY Signature CommExpires M jimion Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General 0 Partner — ❑Limited ❑General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 f i?� :`,Vi , i + f THE GUARANTEE COMPANY OF NORTH AMERICA USA f � Southfield,Michigan ,Kj POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Mark E.Shreckengast Summit Surety Insurance Services its 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 writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking, contracts of indemnity and other writings obligatory in the nature thereof. and such signature and seal when so used shall have the same force and effect as though manually affixed. 401e IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and r its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012.ii, i SI I = ti THE GUARANTEE COMPANY OF NORTH AMERICA USA Alt •„�,1 '''t'()4------.------_____, ,' 40..),.- aro "` STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public,State of Michigan Company of North America USA offices the day and year above written. A44 County of Oakland - 4‘`" 4 My Commission Expires February 27 2018 eertAtkca. a• --ra_ig lk\r'-, Acting in Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. 7.;;;41- r IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 13th day of October , 2015 i If 48) 1 "of 7 Randall Musselman,Secretary Executed in Two Counterparts Bond No. 12121975 PERFORMANCE BOND Premium:$687.00 Final Premium is Based on the Final Contract Amount KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to GRFCO,Inc.,P.O.Box 1747,Brea,CA 92822 (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: Construction Contract for the Roan Road Storm Drain Rehabilitation Project WHEREAS, Principal is required under the terms of the Contract to file a good and sufficient performance bond with the Public Agency for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and The Guarantee Company of North America USA, 1800 Sutter Street,Suite 880,Concord,CA 94520 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Seventy Six Thousand Three Hundred and no/100 Dollars ($ 76,300.00 ) (the "Penal Sum"), this amount being not less than one hundred percent (100%) of the total Contract price, in lawful mclney of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in' the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, employees, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. C-18 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: October 13,2015 C-19 • "Principal" "Surety" GRFCO,Inc. The Guarantee Company of North America USA t By: By: 44 1 • 5 otic �- S Mark E.Shr= kengast,Attorney-in-Fact By: -3 By:. is Its 54. (Seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM: AMOUNT RICHARDS,WATSON &GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached C- 20 86871-0001\1800726v2.doc ��w 4. II/MwMO �i �� w Vii■ �i CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. gra wt�t� � a��a� w•sa�► STATE OF C:ALIFORNIA COUNTY OF R I V E R.$I D E On James Craig Jackson Notary G-lvbp.e /L1, � / before rr�e, Date Insert Name and Title of the officer Public, personally appeared_ George Frost Nome(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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ...,,, JAMES CRAIG JACKSON WITNESS my hand and official seal. COMM.#2085465 .. NOTARY PUBLIC-CALIFORNIA RNERSIDE COUNTY M Comm.Expires October 10,2018 �,n,,,vv,v/n�..r✓v..v+✓�n.�uw..vt.Vv ,,•M• Signature:...9 _ r . • • ----OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended 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) Signers Name: George Frost._ Signers Name: i Corporate Officer—Title(s) President&Secretary ❑ Corporate Officer—Title(s) ❑ Partner-❑ Limited ❑ General 0 Partner- 0 Limited ❑ General ❑ Individual Attorney in Fact ❑ Individual Attorney in Fact ❑Trustee Guardian or Conservator ❑ Trustee OGuardian or Conservator ❑ Other: ❑ Other: Signer is Representing:_ GRFCO, Inc` Signer is Representing: �� w ■., sir www�� �iMI tea. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On October 13,2015 before me, Julie M.Shreckengast,Notary Public Date Here Insert Name and Title of the Officer personally appeared Mark E.Shreckengast Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name( is/eue subscribed to the within instrument and acknowledged to me that he/sh c c executed the same in his/iaceo(bbak authorized capacity(ie ),and that by his/luaottbadc signatures on the instrument the person e, or the entity upon behalf of which the persons*acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r ' , JUUHNT WITNESS my hand and official seal. LL :� COMM.12019504 `, rte•-{ �1 � �• NOTARY PUBLIC•CALIFORNIA \--gry LOS ANGELES COUNTY .. con..►n+iaion ExperwAprat.28,2o17 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: L/YLi'✓/���✓i�✓i'✓'m//i�✓����✓/'t/��✓i'� d/'j��::�✓.'./.-a/,��:'✓''L:\`�.\�4✓ �/i��.�`�'L/.,/:��.'✓/C/'S\�,�✓,/y/ ./:���� a/y��,��,y/.�:�:.�J'�: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • j''ls ; 4 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield,Michigan APOWER OF KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Mark E.Shreckengast Summit Surety Insurance Services its 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 writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the fith day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking, contracts of indemnity and other writings obligatory in the nature thereof.and such signature and seal when so used shall have the same force and effect as though manually affixed. .'fes TEEN. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and l� its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. s' THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee ,-r,4)4744*‘‘ Notary Public,State of Michigan Company of North America USA offices the day and year above written. County of Oakland • My Commission Expires February 27,201a• eel 8 Acting in Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force anc effect. ,'';;$+ ' c IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 13th day of October , 2015 44441 =a\K. 4.7/ 44N 'se Randall Musselman,Secretary WORKERS' COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Rancho Palos Verdes has required certain insurance to be provided by: GRFCO, Inc. 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: GRFCO, Inc. 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 C48113874 12/21/2014 12/01/2015 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 ACE American Insurance Company 1 Beave=r Valley Road, A ' 'a i •ton, DE 19803 By: ' Alta-16 Its ' uthorized Representative C - 21 R6871-0001\1 800726v2.doc 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 C-22 R6871-0001\1800726v2.doc 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: "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 ex•enses. All duties of Contractor under this Section shall survive termination of the Agreement Date Cc f• i / 2 'S Signature nature 1: Date 0 y2oSignature 2: 0/14, '''.,—( ' -'__ ----__.. C - 23 R6871-0001\1800726v2.d oc iii .�SUMMINIMISOM MiiaN► MIIIIIMMIMMIMMINIIIIIIIIIIIIIIIMINIMINMII, MUMMIES , IIMMIMIMIIIIIIMINIMININNIIIIMMIIIMMIMINIIMMINIONIMIIMIIIIIIIIIIMNII IIIIIMIIMINIMMEIMIIIIIIIIIINIM i moi■ moi+ CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. — — --ice —sig► STATE OF CALIFORNIA } COUNTY OF RIVERSIDE – } On _GC-10her /L/ 2c' S before me, James Craig Jackson — Notary Date Insert Name and Title of the officer Public, personally appeared_ George Frost _ 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r, JAMES CRAIG JACKSON WITNESS my hand and official seal. COMM.#2085465 --i, , NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY My Comm.Expires October 10,2018 Signature: 9•0.4. -...._ r • • • ----OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended 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(s) Signers Name: George Frost__ Signers Name: __ 0 Corporate Officer–Title(s) President&Secretary ❑ Corporate Officer–Title(s) __ ❑ Partner- 0 Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual Attorney in Fact ❑ Individual CI Attorney in Fact 0 Trustee Guardian or Conservator ❑ Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing:_ GRFCO,Inc. Signer is Representing:_____ __ ... NIMMINIMIIIMIIIIMIIMIMMIMINUMINIMINIMINSMINIMMENNIMMINEMONIn IMINIMMIIMIIMIIIIIIIMINIMMMN. IMIIMIMMINIIIMIIIINIMIIIM INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: 12C'C�r 12 a � c c• - D r c , 1,1 Indemnitor(s) (list all names): GRFCO, To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Rancho Palos Verdes and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit(the "Agreement")or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name (5sreo r-5 Name Gel) Pr-c> 7 By: By: I21/fQ. t p �,c.Zp--K f--- S'P�� C- 24 R6871-0001\1800726v2.doc CALl FOIRN IA ALL PURPC)SE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } COUNTY OF RIVER;,;IDE _ } On .GC4cer /L/ 2c','$ before me, James Craig Jackson — Notary Date Insert Name and Title of the officer Public, personally appeared_ George Frost 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JAMES CRAIG JACKSON C SON COMM.#2085465 WITNESS m y hand and official s e a l. ,,� NOTARY PUBLIC-CALIFORNIA t RIVERSIDE COUNTY My Comm.Expires October 10,2018 JLhM'�+vvvn,•»„.tir,•,,v.�,..,1/.,L.,,,..vt,vtT.,•n,,,,5,,,,,,,,,t,. ,.,•.vv', Signature: • • •• ---- OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended 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(s) Signers Name: George Frost Signers Name: Corporate Officer–Title(s) President&Secretary ❑ Corporate Officer–Title(s) ❑ Partner-❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual Attorney in Fact ❑ Individual Attorney in Fact ❑Trustee Guardian or Conservator 0 Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing:- GRFCO, Inc. Signer is Representing:_____ �__ ADDITIONAL INSURED ENDORSEMENT-COMPREHENSIVE GENERAL LIABILITY GRFCO, Inc., Po Box 1747, Brea, CA 92822-1747 Name and address of named insured("Named Insured'): Ironshore Specialty Insurance Co., 75 Federal St., Boston, MA 02110 Name and address of Insurance Company("Company'): Roan Storm Drain Rehabilitation Proiect 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 City of Rancho Palos Verdes ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. Only as per policy provisions 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 -25 R6871-000111800726v2.d oc 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: 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275-5391 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 General Liability 12/31/2014 to 12/31/2015 $1M per Occ/ $2M gen & prod agg. 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: xo Contractual Liability c Explosion Hazard x9 Owners/Landlords/Tenants x Collapse Hazard o Manufacturers/Contractors Yo Underground Property Damage xo Products/Completed Operations o Pollution Liability o Broad Form Property Damage ❑ Liquor Liability o Extended Bodily Injury ❑ xo Broad Form Comprehensive ❑ General Liability Endorsement o 12. A x deductible or❑self-insured retention (check one) of$ 5,000 applies to all coverage(s) except: none (if none, so state). The deductible is applicable o per claim or ix per occurrence(check one). 13. This is an x occurrence or o claims made policy(check one). 14. This endorsement is effective on 10/13/2015 at 12:01 a.m. and forms a part of Policy Number AGS000301 Elizabeth Vanden Akker (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 October 13 , 20/. 15 Signat - of Authorized Representative (Original signature only;no facsimile signature Telephone No.: ( 877 ) 587-4999 or initialed signature accepted) C- 26 R6871-0001\1800726v2.doc ADDITIONAL INSURED ENDORSEMENT-AUTOMOBILE LIABILITY Name and address of named insured("Named Insured'): GRFCO, Inc. PO Box 1747, Brea, CA 92822-1747 Name and address of Insurance Company("Company"): Nationwide Mutual Ins. Co., 1100 Locust St., Dept 1100, Des Moines, IA 50391-2000 Genera!description of agreement(s), permit(s), license(s), and/or activity(les) 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 City of Palos Verdes ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained 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. C- 27 R6871-000111800726v2.doc 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits,agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY Business Auto Policy 12/03/2014 to 12/03/2015 $t000,000 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Any Automobiles Truckers Coverage All Owned Automobiles Motor Carrier Act Non-owned Automobiles Bus Regulatory Reform Act I Hired Automobiles Public Livery Coverage X Scheduled Automobiles Garage Coverage 12. A x deductible or n self-insured retention (check one) of$ $1,000 applies to all coverage(s) except: none (if none, so state). The deductible is applicable per claim or G per occurrence (check one). 13. This is an x occurrence or claims made policy(check one). 14. This endorsement is effective on 10/13/2015 at 12:01 a.m. and forms a part of Policy Number ACP BA 7825938963 . I, Elizabeth Vanden Akker (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 October 13 , 20 15 _A4 .C/Ae Signa a of Authorized Representative (Origi al signature only;no facsimile signature Telephone No.: ( 877 ) 587-4999 or initialed signature accepted) C-28 R6871-0001\1800726v2.d oc ADDITIONAL INSURED ENDORSEMENT - EXCESS LIABILITY GRFCO, Inc., PO Box 1747, Brea, CA 90275-5391 Name and address of named insured("Named Insured"): Great American Ins. Co., 301 E. 4th Street, Cincinnati, OH 45202-4201 Name and address of Insurance Company("Company"): Roan Rd. Storm Drain Rehabilitation Project, Rancho Palos Verdes, CA General description of agreement(s), permit(s), license(s), and/or activity(les) 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 City of Rancho Palos Verdes ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate t0 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. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, C- 29 R6871-000111800726v2.d oc construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY Umbrella Liability 12/31/2014 to 12/31/2015 $4,000,000 X Following Form o Umbrella Liability n 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT See attached policy pages 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A u deductible or ri self-insured retention (check one)of$ None 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 an x occurrence or o claims made policy(check one). 15. This endorsement is effective on 10/13/15 at 12:01 a.m. and forms a part of Policy Number I, Elizabeth Vanden Akker (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 October 1320 15 id. ,/ 4(f— Sig natu = of Authorized Representative (Original signature only;no facsimile signature Telephone No.: ( 877 ) 587-4999 or initialed signature accepted) C - 30 R6871-0001\1800726v2.d oc v v s , d. s / s ..i v I V V V L:J 1 —V 1 UN I I NM L t..Ut'Y 0263497 GREAT AMERICAN INSURANCE CO Administrative Offices 301 E 4th Street GA 1 6003 GitEAT w Cincinnati, Ohio 45202.4201 Al1�t�RICAN. rel 1-513-369.5000 (Ed. 0 6 9 7 ) INSURANCE 6110th SCHEDULE A -- SCHEDULE OF UNDERLYING INSURANCE Carrier , Policy Number and Period Type of Coverage Limits of Insurance a) ACE AMERICAN Employers Liability Bodily Injury By Accident INSURANCE COMPANY POL : RWC C48113874 $ 2,000,000, each accident 12/21 /14 TO 12 /1 /15 Bodily Injury By Disease $ 2 ,000,000 . policy limit $ 2 ,000,000 . each employee b) NATIONWIDE MUTUAL Automobile/Garage ( ) Split Limit INSURANCE COMPANY POL : ( ) Any Automobile Bodily Injury Liability ACP BA 7825938963 12/3/14 TO 12 /3 /15 ( ) Owned Automobile $ each person Only $ each accident X ) Specifically Designated Property Damage Liability Automobile $ each accident ( X ) Hired Automobile ( X ) Combined Single Limit ( X ) Non-owned Automobile $ 1 ,000,000. each accident I ) Garage Liability ( ) Garage Operations ( X ) DEFENSE OUTSIDE $ Auto only THE LIMIT each accident $ Other than auto each accident $ Other than auto aggregate ( ) Garagekeepers Liability $ each location GAI 6003 (Ed . 06/97) PRO (Page 1 of 2 ) • - .. . . _ . . . .. ..... .......... . un iuir4uL t..ury 0263497 GREAT AMERICAN INSURANCE CO Carrier , Policy Number and Period Type of Coverage Limits of Insurance c) { ) Comprehensive ( ) Split Limit General Liability including Bodily Injury Liability ( ) Products -Complet - $ each occurrence ed Operation Liability $ aggregate ( ) Broad Form Property Damage Liability Endorsement $ each occurrence { y $ aggregate ( ) Combined Single Limit { ) each occurrence $ aggregate OR OR OR ( X ) Commercial ' $ 2 ,000,000 . General Aggre- IRONSHORE SPECIALTY General Liability gate Limit INSURANCE COMPANY POL : AGS0063301 ( X ) Occurrence Form $2 ,000,000 . Products -Com- 12/31 /14 TO 12/31 /15 plated Opera- ( ) Claims -Made Form tion Aggre- gate Limit (X) DEFENSE OUTSIDE ( X ) GENERAL AGGREGATE THE LIMIT APPLIES PER $ 1 ,000,000. Personal and PROJECT Advertising Injury Limit Retroactive Date $ 1 ,000 ,000 . Each Occurrence Limit d) IRONSHORE SPECIALTY EMPLOYEE BENEFIT $1 ,000,000. EACH EMPLOYEE INSURANCE COMPANY LIABILITY POL : AGS0063301 $1 ,000 ,000 . AGGREGATE 12/31 /14 TO 12/31 / 15 GA I 6003 (Ed. 06/97) PRO (Page 2 of 2 ) • PROPOSAL CITY OF RANCHO PALOS VERDES ROAN ROAD STORM DRAIN REHABILITATION PROJECT TO THE DIRECTOR OF PUBLIC WORKS, CITY OF RANCHO PALOS VERDES: The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein; (2) bidder has carefully examined the project plans, specifications, instructions to bidders, proposal, notice to contractors and all other information furnished therefore and the site of the proposed work; (3) bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the CITY OF RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans, if any, and the terms of the specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said specifications, for the following stated unit prices or lump-sum price as submitted on the Schedule attached hereto: The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety' Record. Accompanyung this proposal is 13,-de 13°A cA (Insert) "$ "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. The undersigned certifies to have a minimum of five (5) consecutive years of current experience in the type of Work related to this Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work and further certifies to have been so licensed for the five (5) years immediately preceding the date of receipt of Bids. The undersigned possesses California Contractor's License Number 29'/C'1 , Class A which expires on_ ? al I hi Signature(s) of bidder: P - I If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof. Two notarized officer's signatures and the corporate seal are required for corporations. GRFCO, INC. Legal Business Name: P.O.BOX 1747 Address: BREA,CA 92822 1747 Telephone: Ci5f 657-- 8FS1T Contact: PrDS—r" 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 ROAN ROAD STORM DRAIN REHABILITATION PROJECT Bid Date 9/'23,,/5 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. P-,2 CITY OF RANCHO PALOS VERDES BID SHEET ROAN ROAD STROM DRAIN REHABILITATION PROJECT Bidder's Name: CIRFCO,INC. 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 ROAN ROAD STROM DRAIN REHABILITATION PROJECT in accordance with the specifications and plans for demolition, construction and installation in the Contract Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices: LUMP SUM ITEMS SHALL INCLUDE PROVIDING AND INSTALLATION OF ALL COMPONENTS STIPULATED WITHIN THE CONTRACT DOCUMENTS AND NECESSARY INCIDENTALS TO FACILITATE PROVIDING SAID COMPONENTS. SURVEY, GRADING, AND BMPS SHALL BE CONSI.DERED INCLUDED IN THE INDIVIDUAL BID ITEMS.NO ADDITIONAL PAYMENTS WILL BE MADE. The quantities reflected on the plans and in the hid-sheets are representative of the amount of workfor each item on the project, but are not final quantities to be used for computing payment. Payment will be based on the measurement of actual work completed.The contractor must notify in writing to the project manager of all discrepancies between actual bid quantities and those shown in the bid document prior to commencement of work in any area of the project. P - 3 BID SCHEDULE Item Description Estimated Unit Unit Extended No. Quantity Meas. Price Amount MOBILIZATION 1 LS 10, 00 0 2v BEST MANAGEMENT PRACTICES 1 LS /6,7y31000 REMOVE EXISTING PIPE, INSTALL NEW 18" STORM DRAIN 3 PIPE, AND CONNECT TO EXISTING PIPE, COMPLETE IN PLACE 140 LF 300 4 ,o0 e ABANDON AND FILL EXISTING PIPE WITH 1-SACK SAND 4CEMENT SLURRY 13 CY ( 00 jr 3DB 5 SITE RESTORATION AND SLOPE PROTECTION 1 LS I — ���000 TOTAL BID ---76 3uti,, SCHEDULEI c-(-1/ TOTAL BASE BID SCHEDULE IN NUMBERS: S 0 O" � r � t BASE SCHEDULE 1 IkV QTLt rA� U 7ht4ko HED LE IN WORDS: � � TOTAL BASE BID SC U � �(� The contract shall be awarded to the lowest responsible bidder based on the TOTAL BASE BID. Note: Some items may be adjusted or deleted. Any changes to the quantities for these items shall not classify as a substantial change as stipulated in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual amount (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities, and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. The Contract shall be awarded to the lowest responsible Bidder based on the total Bid price. This proposal shall include provision for at-risk youth employment per specification and grant requirements. P-4 INFORMATION REQUIRED OF BIDDER Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder's name: GRFCO,INC. (2) If the Bidder's name is a fictitious name,who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name. write "N/A" in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. GRFCO, INC. P.O.BOX 1747 (3) Business address: BREA,CA 928224747 —_ (4) Tele -t7--gRES7 Facsimil - b C57'07 77 Phone: Si) $� Type of firm- Individual, Partnership, LLC or Corporation: ( ) YP P (6) Corporationorganized under the laws of the state of: C'er I' (7) California State Contractor's License Number and Class: 29161 3 (8) DIR Contractor Registration Number: CCO G 95 67 (9) List the name and title of the person(s) who inspected the site of the proposed Work for your firm: (C: Fro 57-- PrS (10) Number of years' experience the company has as a contractor in construction work: _7 (:l 1) List the names,titles,addresses and telephone numbers of all individuals, firm members,partners, joint venturers, and company or corporate officers having a principal interest in this Proposal: Ro 5' C. GRFCO, INC. G � �' -e OS/ 6 5 7,, g g P.O.BOX 1747 BREA,CA 92822-1747 List at least three similar projects completed as of recent date: Contract Name, Address of Owner, &Telephone Amount Class of Work Date Completed No. 5e , P- 5 (1 2) NOTE: Upon request of the CITY, the bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other information. (13) ``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 REFERENCES For all public agency projects in excess of$300,000 you are currently working on or have worked on in the past five(5)years,provide the following information: Project I Name/Number 5-e-'e _ �G- Project Description Approximate Construction Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: S If final amount is different from original amount, please explain(change orders, extra work,etc.) Did you file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 2 Name/Number Project Description Approximate Construction Dates From: _ To: Agency Name: Contact Person: Telephone: Address: P_ 7 GRFCO, INC. Contract References Los Angeles County Sanitation Districts-$479,325 "Madison Street Trunk Sewer" Contact: Mr. Dan Cory(310) 701-4925 Start: Sept' 15-Complete: In Progress Project Summary: 1389' of 8" HDPE in 12" Steel Casing City of Pasadena-$1,347,410 "Lake Ave. Ductile Iron Water Mains" Contact: Mr. Adolfo Vargas (626) 744-4331 Start:June' 15-Complete: In Progress Project Summary: 6300' of 8" DIP, Services, Paving City of Fullerton-$582,055 "Nutwood Ave. Sewer Replacement" Contact: Mr. Mr. Al O'balles (714) 595-6718 Start: May' 15-Complete:July'15 (on time) Mr. Pete Acosta (714) 732-9060 Project Summary: 2475' of 12" VCP, Manholes, Paving Helix Water District-$192,550 "Large Valve Replacement Project 4458" Contact: Mr. Billy Gaston (619) 944-1042 Start:Apr' 15-Complete:June'15 (on time) Project Summary: Remove and Replace 6 large Valves California Dept. of Park and Recreation-$277,000 "San Onofre Main Waterline Replacement" Contact: Mr.James Buenviaje (619) 221-7045 Start: Mar' 15-Complete: May'15 (on time) Project Summary: 5600'of PVC Water Pipe City of Norco-$513,028 "MDP Line NB-2 and S-5A Projects" Contact: Mr. Dan Cuthbertson (951) 545-7872 Start:Jan' 15—Complete: April' 15 (on time) Project Summary: 360' of 42" RCP, 646' of PRCB City of Orange-$45,000 "Feather Hill Drive Storm Drain" Contact: Mr. Alan Truong (714) 744-5568 Start: Mar' 15-Complete: March'15 (on time) Project Summary: Place 24" RCP and 8" PVC Drains City of San Clemente-$63,000 "Recycled Water Meter Services" Contact: Mr. Greg Deist (949) 337-3139 Start: Feb' 15- March'15 (on time) Project Summary: Construct Recycled Water Services Rev 09/10/15 • L City of Newport Beach-$1,289,650 "Storm Drain Improvements" Contact: Mr. Peter Tauscher (949) 644-3316 Start: Sept '14—Complete: Feb'15 (on time) Project Summary: Placement of 5 Hydrodynamic Separation Units City of Inglewood-$840,803 "Sewer Point Repair Project- Phase II" Contact: Mr. Boytrese Osias (310)412-5333 Start:July'14—Complete: Nov' 14(on time) Project Summary: 147 Sewer Point Repairs Central Basin Municipal Water District-$1,756,933 "Recycled Water Main" Contact: Ms. Amy Amirani (949) 295-5189 Start:June '14—Complete: Nov'14 (on time) Project Summary: 2346' of 24" CML&C Steel Pipe,Jack casing under 5 fwy City of Chula Vista-$638,485 "Industrial Blvd Sewer Improvement" Contact: Mr. Mike Schedine (619) 397-6119 Start:June '14—Complete: Sept' 14(on time) Project Summary: 1300' of 18" PVC, Manholes City of Fountain Valley-$1,364,289 "Garfield Sewer Replacement" Contact: Mr.Temo Galvez (714) 593-4517 Start:January'14—Complete:July' 14(on time) Project Summary: 2475' of 10" and 8" PVC, Dewatering,Sewer Bypass,T-lock Manholes County of San Diego-$1,625,999 "Trunk D Sewer Improvements" Contact: Mr. Hasem El-bahsh (619) 306-8151 Start:June' 13—Complete: May' 14(on time) Project Summary:Jack and Open Cut 2225' of 18" PVC/HDPE, Manholes, Paving Los Angeles County Sanitation District-$1,902,712 "Union Street Trunk Sewer" Contact: Mr. Ted Brodeur (310) 701-4935 Start:June 2013—Complete: Feb' 14(on time) Project Summary:Jack and Open Cut 993' of 18" Fiberglass Pipe, Manholes, Gas Probe Relocation City of Santa Fe Springs-$301,302 "5 Freeway Water Main" Contact: Mr. Frank Beach (562) 868-0511 Start: October' 13—Complete: December' 13 (on time) Project Summary: 770' of 12" DIP,Testing, R&R Pipe in Casing Los Angeles County Sanitation District-$572,850 "Puente Hills Landfill Drainage Improvements" Contact: Mr. Kurt Greeb (310)710-1663 Start: April' 13—Complete: August' 13 (on time) Project Summary: 700' of 42" HDPE Pipe, 1516' of Trapezoid Channels,Structures Rev 09/10/15 • Allstate Engineering/W.J. Lent Contracting Services-$353,544 "Vandenberg AFB-Demolish Housing" Contact: Mr. Leonard Reyes (951) 746-8653 Start: April '13-Complete: August' 13 (on time) Project Summary: Reduce 91,362 Tons of Asphalt/Concrete to 2" Minus TEG/LVI Environmental Services, Inc. -$375,615 "Downey Studios" Contact: Mr. Lon Omori (562) 407-0570 Start: April' 13-Complete:June' 13 (on time) Project Summary: Reduce 148,871 Tons of Asphalt/Concrete to 1" Minus City of Fullerton -$259,660 "Euclid Sewer Replacement" Contact: Mr. Pete Acosta (714) 732-9060 Start: February 2013-•Complete: March' 13 (on time) Mr. Eric Villagracia (714) 738-6853 Project Summary: 1285' of 10" VCP, Manhole Paving City of Fullerton -$50,000 "Morningside Manholes" Contact: Mr.Tony Reynoso (714)412-1116 Start: Sept. 2013-Complete: Sept' 13 (on time) Project Summary: Remove/Replace T-lock Manholes Rev 09/10/15 Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain(change orders, extra work,etc.) Did you file any claims against the Agency? Circle one: Yes ONo Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions,please explain and indicate outcome of claims. Project 3 Name/Number Project Description Approximate Construction Dates From: To: Agency Name: _ Contact Person: Telephone: Address: Original Contract Amount: $ _ Final Contract Amount: $ If final amount is different from original amount, please explain(change orders,extra work,etc.) Did you file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes 60 If you answered yes to either of the above two questions, please explain and indicate outcome of claims. P-8 Project 4 Name;Number Project Description Approximate Construction Dates From: -_-_-_ To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain(change orders,extra work,etc.) Did you file any claims against the Agency? Circle one: YesNo Did the Agency file any claims against you? Circle one: YesNo If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 5 Name/Number Project Description Approximate Construction Dates From. To: Agency Name: Contact Person: — — Telephone: Address: Original Contract Amount: b Final Contract Amount: If final amount is different from original amount,please explain (change orders,extra work,etc.) P-9 Did you file any claims against the Agency'? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes o .) If you answered yes to either of the above two questions,please explain and indicate outcome of claims. Project 6 Name/Number Project Description Approximate Construction Dates From: To: Agency Name: Contact Person: Telephone: Address: Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain(change orders,extra work,etc.) Did you file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. P- 10 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 ` 20103.51 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 P- l 1. 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. (1) 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.: 291 01a Class: Expiration Date: 7 31 5 1 � 20- 3 -S 1 / ..t. - Date: � S ignature: P- 12 RESUME Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. 5:Arec f 6"ct,r c_To Ste` e e Res. frt. P/Paste rCA '44% et- Pe s �� s t- P- 13 DESIGNATION OF SUBCONTRACTORS [Public Contract Code Section 4104] List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. California � I Contractor's California DIR Name under which License Contractor Type of Work Percentage Subcontractor is Licensed Number(s) Registration (e.g., of Total Bid and Registered and Class(es) Number Address and Phone Number Electrical) (e.g., 10%)1 I 1 The percentage of the total Bid shall represent the "portion of the work"for the purposes of Public Contract Code Section 4104(b). F - 14 Contractor's INDUSTRIAL SAFETY RECORD FORM Bidder's Name GRFCO,INC. Current Year of 2014 2013 2012 2011 2010 Total Record Number of contracts 7 Total dollar amount of contracts (in thousands of dollars) 31gS Si/&2- Number of fatalities Number of lost workday cases2_ Number of lost workday cases involving permanent transfer to another job or �-\+ termination of employment The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature: � Signature: Title: �r�eS Title: Date: 9 3 Date: P- 15 BID BOND KNO'V ALL PF R S SN S BY THESE PRESENTS that: WHE WAS the City of Rancho Palos Verdes ("Public Ageni y"); has issue( an invitation for bids for the work described as follows: Xx11112x)ROA' ROAD STORM DRAIN REHABILITATION PROJECT(Project WHE tEAS GRFCO,Inc.,P.O.Box 1747,Brea,CA 92822 (Nam..and address c f Bidder) ("Prit cipal"), desires to submit a bid to Public Agency for the work. WHEN tEAS, bidders are required under the provisions of the California Public Contract Code to furnisi i a form of hid:lees security with their bid. NOW THEREFORE, we,the undersigned Principal, and __— The The Guarantee Company of North America USA,1800 Sutter Street,Suite 880,Concord,CA 94520 (Nam( and address or Surety) ("Sura ty") a duly admitted surety insurer under the laws of the State of California, as Surety, are held a id firmly bound unto the Public Agency in the penal sum of Ten Percent of the Total Amount of the Bid Dollar; ($ % .�„), 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 he ma le, we hind ourselves, our heirs, executors. administrators, successors, and assigns,jointly and se reraliy. firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awa,ded a contrac' for the work by the Public Agency and, within the time and in the manner require'd by the bidr ing specifications, enters into the written form of contract included with biddin'g specifications. furnishes the required bonds. one to guarantee faithful performance and the of ler to guaranti:e payment for labor and materials, and furnishes the required insurance coven ge, then this (ibl iQ.at ion shall become null and void: otherwise, it shall he and remain in ftp l l tb.ce and effect. In case suit is brougf I 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 hcreb) waives the provisions of California Civil Code 2845. • P- 16 IN WI'MESS WHE ZEOF, this instrument has been duly executed by Principal and Suretyon the da.e set forth below, the name of each corporate party being hereto affixed and these presents duly s gned by its undersigned representative(s) pursuant to authority of its governing body. Dated September 14,2015 "Prim pal" "Surety" GRFCO,Inc. The Guarantee Company of North America USA By: By; i1Al lis. 401:rk E.Shreckl:st,Attorney: -Fact By: By. Its: lts; (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of an person signing as attorney-in-fact must be attached. P 17 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached,and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } On -� - .Z. )015 before me, James Craig Jackson Notary Date Insert Name and Title of the officer Public, personally appeared_ George Frost 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -..: JAMES CRAIG JACKSON WITNESS my hand and official seal. - ,", COMM.#2085465 NOTARY PUBLIC-CALIFORNIA '` RIVERSIDE COUNTY Ir Comm•E +es Oclobef 10,2018 , / Signature:11P ,,�� l •• ----OPTIONAL •• Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document:•i Document Date: _____ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signers Name: George Frost -, Signers Name: �•� id Corporate Officer-Title(s) President&Secretary ❑ Corporate Officer-Title(s) O Partner-U Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee UGuardian or Conservator U Other: ❑ Other: Signer is Representing: GRFCO,Inc. Signer is Representing:__,__ _______ AMMIIIIIIIIMIIMIIW MM` �■■i�r • L CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 •.. —l • .73 '` - ' /- ,f : . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On September 14,2015 before me, Julie M.Shreckengast,Notary Public Date Here Insert Name and Title of the Officer personally appeared Mark E.Shreckengast Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose names is/avc subscribed to the within instrument and acknowledged to me that he/stiedixey executed the same in his/iteotbbeic authorized capacity(ies),and that by hisnceoti eom signatures on the instrument the person, or the entity upon behalf of which the persons 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 hand and official seal. rr—vvrwivarr=7:17v<ENTZ71 COMM.#2019504 Signature � -11:;i4,:. PUBLIC•CALIFORNIA g NOTARYSignature of Notary Public LOS ANGELES COUNTY LimiemnwwCommission:).=esPRIL 26,2017 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: Signer's Name: ❑Corporate Officer — Title(s): 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General ❑Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑Other: 0 Other: Signer Is Representing: Signer Is Representing: �'✓• '�S�t-,I/A .;4`y6•y6 y4 ai�a��r✓ s� si�s� � -.14' -.•4 sSG yG yG y��:G\�:�!G�i'i�.�L�t✓ r✓,.��41r✓ 02014 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 (OfftN1 ht1A THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Mark E.Shreckengast Summit Surety insurance Services its 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 writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s`day of December,2001 The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. '400"r Cow IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and 7/, ,� its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. 1- 4) � J.; THE GUARANTEE COMPANY OF NORTH AMERICA USA • .Kilt<1, z. STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee x Notary Public,State of Michigan Company of North America USA offices the day and year above written. County of Oakland a My Commission Expires February 27,2018et.1 • Acting in Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and.effect. �►+ � e IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 14th day of September ,2015 SI 1 #" Randall Musselman,Secretary • NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code § 7106] State of California ) County of R:v e rs ss. City of Per-r. c The undersigned declares: I am the Pr`c".s,'01(0-+ of GRFCO INc. , theP arty 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 hid 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 true and correct and that this declaration is executed a = t— 2 .10/5 [date], at its [city], �- [state]. err Signature Subscribed and sworn to before me on es../5 . Sub � � _ (Date) (Notary Seal) Signature Notary Publ i' JAMES CRAIG JACKSON COMM 12066466 NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY My Comm.Expires Oclober 10,2018 P - 18 ACKNOWLEDGMENT OF ADDENDA Bidder's Name: GRFCO, The Bidder shall signify receipt of all Addenda here, if any: Addendum Number Date Received Signature If there are or Addenda than there is room in the chart above, attach another page acknowled ng rec. ipt of the Addenda. Signature: Title: ps, Date: 9/205 P- 19 This form shall be submitted with the Bid PROPOSER/BIDDER STATISTICAL INFORMATION FORM All proposers/bidders responding to the solicitation must complete and submit this form in order for their proposer or bid to be considered, The information requested in the form will be used solely for statistical purposes. The contracts)and/or subcontract(s) will be awarded without regard to gender,race,color,creed,or national origin. 1. Type of business entity: 0 Sole partnership 0 Nonprofit organization O Partnership 0 Franchise corporation 0 limited Liability Corporation O Other: 2. Total number of employees in firm/organization,including owners: 3. Break down the total number of employees in your firm/organization into the following categories: Owners,Partners,and Associate Partners Race/Ethnicity Male Female Managers Staff Black/African-American Hispanic/Latino 1 3 Asian-American/Pacific Islander American Indian/Alaska Native Filipino American White Z. Other 4. Indicate,by percentage,how ownership of the firm/organization is distributed: Asian- American Black/ American I Indian I African- Hispanic/ Pacific Alaskan Filipino- American Latino Islander Native American White Other Men /oG5 Women S. If your firm is currently certified as a Minority(MBE),Women(WBE),Disadvantaged(DBE),and/or Disabled Veteran(DVBE) Business Enterprise by a public agency,indicate the Business Enterprise certification of your fine,the certifying agency,and the expiration date of the certification: MBE WBE DBE DVBE Name of Certifying Agency Expiration Date O a a Q /vi4 D D 0 Q o ❑ a � ® 0 P-20 CHECKLIST FOR BIDDERS The following information is required of all Bidders at the time of the bid: Completed and Signed Proposal ✓ Completed and Signed Bid Sheets Completed Information Required of Bidders Form Completed References Sheet(s) Executed Statement Acknowledging Penal and Civil Penalties Concerning the Contractor's Licensing Law Attached Resume of General Construction Superintendent or on-site Construction Manager for the Contractor Completed Designation of Subcontractors Form Completed and Signed Contractor's Industrial Safety Record ✓ Completed, Signed and Notarized Bid Bond or Other Security Signed and Notarized Non-Collusion Declaration Completed and Signed Acknowledgement of Addenda Completed Bidder Statistica! Information Form All Addenda (if applicable) Failure of the Bidder to provide all required information in a complete and accurate manner may be considered non-responsive.