Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Concept Consultants Inc.
RECORDING REQUESTED BY: City of Rancho Palos Verdes WHEN RECORDED MAIL TO: Name City Clerk 1 11NO City of Rancho Palos Verdes 112 27o» Street Address 30940 Hawthorne Blvd. city Rancho Palos Verdes State CA *20170711686* zip 90275 I- J Space above this line for recorder's use WS!OLCOrTS ORMS tNC �rtK_ NOTICE OF COMPLETION 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: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the owner is City of Rancho Palos Verdes 3. The lull 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. (Ii Other than Fee strike'in lee'and insert.for example.'purchaser under contract of purchase.'or'Lessee') 5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common 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 hereinafter described was completed on June 20,2017 .The work done was: Sunnyside Ridge Trail Segment 8. The names of the contractor,if any,for such work of improvement was Concept Consultant,Inc. of no contractor for work of inprovement as a whole.insert'None') (Date of Contract) 9. The property on which said work of improvement was completed is in the City of Rancho Palos Verdes County of Los Angeles ,State of CA ,and is described as follows: 2477 Sunnyside Ridge Road 10. The street address of said property is 2477 Sunnyside Ridge Road (ti no street address has been officially assigned,insert'none'.) Dated C0 l74. 1(7 vf V ASI-e--%-- (Signature of Owner or Corporate officer of Owner named in paragraph 2.or his agent) City of Rancho Palos Verdes VERIFICATION I,the undersigned,say:I am the City Clerk the Declarant of the foregoing Notice of Completion; (President of.Manager of,Partner of.Owner ol,etc.) I have read said Notice of Completion and know the contents thereof;the same' e to my own knowledge.I declare under penalty of perjury that the foregoipg is true and correct. Executed on ,20 17 at Ra a>,' os VerdesCA `i (Personal signature of the indi1 tents of theNotice �� of Completion are true) Before you use this form fill in all blanks,and make whatever chanes are appro. ••te and n: :Ssary to your particular transaction.Consult a lawyer if you doubt the form s fitness for your pr ; .nd use. ,' I �I110 I A— Wolcotts makes no representation or warranty, express or implied,with respect to the merchan ahoy7 + 67775#01114 2 or fitness of this form for an intended use or purpose. 02005 WOLCOTTS FORMS.INC. FORM 1114 Rev.10-05 A This page is part of your Cm 20170711686 California ty, 06/27/17 AT 01:19PM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 111011111101111111111111111131111111111111111 1111 111 1111 LEADSHEET IIT I I II I 1101101 1 11111 il11 11I1 1I11 2017 62 3330030 1111 lID 11111 I DI Ill Ill DID 11101111 11110 SEQ: 01 Iii 11111111111 101 11111 iii 1011 1111 HI 1111111 111111111111101111II III 111111111101110110111111110111011110111111111110101011111 II 11111101111E535406 � THIS FORM IS NOT TO BE DUPLICATED � Project: Sunnyside Ridge Trail Change Order# 2 Attention:Nick Sammadi City of Rancho Palos Verdes Concept Consultant Revised Adjust- Adjustment to # Description Bid Qty Qtyl ment Unit Price Bid Amount The bid quantities for the following items are adjusted as follows: 6 Retaining wall,Type 1(Face Area),SF 415 0 (415) $ 88 $ (36,520) 7 Retaining Wall,Type 2(Face Area),SF 400 268 (132) _ $ 108 $ (14,256) 8A Segmental Block Retaining Wall(Face Area)0'-0"to 2'-0",SF 157 286 129 $ 67 $ 8,643 8B Segmental Block Retaining Wall(Face Area)2'-1"to 3'-4",SF 67 167 100 $ 87 $ 8,700 8C Segmental Block Retaining Wall(Face Area)3'-5"to 4'-8",SF 43 153 110 $ 110 $ 12,100 8D Segmental Block Retaining Wall(Face Area)4'-9"to 6'-0",SF 69 149 80 $ 130 $ 10,400 8E Segmental Block Retaining Wall(Face Area)6'-1"to 8'-0",SF 22 74 52 $ 155 $ 8,060 8F Segmental Block Retaining Wall Cap Unit,EA 72 97 25 $ 22 $ 550 g Wood Erosion Control Structure,LF 100 0 (100) $ 25 $ (2,500) 14 Landscape Restoration and Hydroseeding,LS 1 0 (1) _ $ 5,000 $ (5,000) 15 Install Landscaping and Irrigation,LS 1 0 (1) $ 6,500 $ (6,500) 16 Pilaster,EA 1 0 (1) $ 1,210 $ (1,210) 17 Install Wood Railing,LF 100 0 (100) $ 200 $ (20,000) 18 Install Wire Fencing on Wood Railing,LF 50 0 (50) $ 80 $ (4,000) J.The quantities for all bid items listed here,except bid item 7,are considered final. Subtotal Adjustments $ (41,533) The following are additional items to be added for change of scope: a Installation of 3 caissons between the homes 0 1 1 $16,500 $ 16,500 b Additional costs associated with retaining wall supported by caissons 0 1 1 $12,060 $ 12,060 c Additional costs associated with change in segmented wall scope 0 1 1 $ 8,360 $ 8,860 d Storm drain modifications 0 1 1 $ 3,000 $ 3,000 Subtotal Additions $ 40,420 Net Total for this change Order $ (1,113) Original Contract Value $ 290,864.00 Total Value,of all Previous Change Orders $ 27,450.00 Total Revised Contract Sum Prior to this Change Order $ 318,314.00 Value of this Change Order $ (1,113.00) New Contract Sum $ 317,201.00 Change in Contract Days Accepted: Concept Consultant. Con tructi r Manager By _ .�;. By k fl.,... 1 Nick Sammadi Date:8/12/2016 Date: 8/1 2/1 6 Authorized: City of Rancho Palos Verdes By Date: b-15-30* Project: Sunnyside Ridge Trail Change Order# 1 Attention: Nick Sammadi City of Rancho Palos Verdes Concept Consultant Description Quantity Unit Price Amount Your proposal for the installation of the two caissons and a ground beam to form a butress to span the gap between the stairs of the adjacent property and the end of the existing 4-foot high key-stone wall is 1 27,450 27,450.00 accepted. Please proceed with the installation as soon as possible and provide a schedule as we need to inspect the depth of the holes and founding conditions. Total 27,450.00 Original Contract Value 290,864.00 Total Value of all Previous Change Orders 0.00 Total Revised Contract Sum Prior to this Change Order 290,864.00 Value of this Change Order 27,450.00 New Contract Sum 318,314.00 Change in Contract Days 5 Accepted: Co ep Consul 4.j. C struction anager By By 4.•.•, 1.44 a 411111. Date: 4/2//Atoi6 Date: 6/21/2016 Authorized: ' y of Rancho Palos Verdes iiii By ( - Date:Juan f2.1. '1016 CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT SUNNYSIDE RIDGE TRAIL SEGMENT PROJECT THIS AGREEMENT ("Agreement") is made and entered this 4th day of November, 2015, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City")and Concept Consultant, Inc., a California corporation ("Contractor"). Contractor's license number is 982335. In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as the Sunnyside Ridge Trail Segment Project(Project), as described in this agreement and in the Contract Documents (including Notice Inviting Bids, the Instructions to Bidders, the Proposal, the General Provisions, the Special Provisions, Appendices I through VI, the Plans and all addenda prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents), which are attached hereto as Exhibit"A"and incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be performed in accordance with the 2015 edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook") published by Public Works Standards Inc. (collectively "Standard Specifications"), which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. 2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for under written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works.All extra work shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 4. Time. Time is of the essence in this Agreement. 5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice. 6. ,Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of two hundred ninety thousand eight hundred sixty 09999.0009/267879.1 1 four dollars ($290,864) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit"6" and incorporated herein by this reference. 7. Payments. City shall make payments within thirty(30)days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However, progress payments shall not be made in excess of ninety-five percent (95%) of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of,the City, and unused.The City shall withhold not less than five percent(5%) of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent (50%) of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual work completed. 8. Substitute Security. A. At the written request and expense of Contractor, securities equivalent to any moneys withheld by the City to ensure performance under this Agreement shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to Contractor. B. Alternatively, Contractor may request that the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor.At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this Section. C. Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City mutually agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. D. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent(5%) of Contractor's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. Further mandatory details are provided in Public Contract Code Section 22300(d), which is incorporated herein by this reference. 2 09999.0009/267879.1 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. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination as determined by the City, and such payment shall be in full satisfaction of all services rendered hereunder. 13. Indemnity. A. Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, proceedings, suits, losses, bid protests, stop notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of or incident to any act, failure to act, error or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising out of the Agreement, including without limitation, 3 09999.0009/267879.1 • the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses(individually, a"Claim,"or collectively, "Claims"). Further, Contractor shall appoint competent defense counsel approved by the City Attorney at Contractor's own cost, expense and risk, to defend any and all such Claims that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such Claim. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable. B. Bid Protests. In addition to its obligations pursuant to Section 13(a), Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. C. Civil Code Exception. Nothing in Section 13(a) shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code section 2782(a) or the City's active negligence to the limited extent that the underlying Agreement is subject to Civil Code section 2782(b). D. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City,of any insurance policy or certificate required pursuant to this Agreement. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. E. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. F. Survival. The provisions of this Section 13 shall survive the termination of this Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 14. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 15. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under 4 09999.0009/267879.1 Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code)arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 16. Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any: material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; subsurface or latent physical conditions at the site differing from those indicated; or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The City shall promptly investigate the conditions, and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor's cost of or the time required for performance of any part of the work, the City shall issue a change order. 17. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. 18. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. 19. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers'compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 5 09999.0009/267879.1 20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's work. 21. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under take self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 22. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by this reference. 23. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 24. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. 25. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement. 26. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount that is not less than the total compensation amount of this Agreement,and nothing in this Agreement shall be read to excuse this requirement. The required forms entitled Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. 27. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b)there are no obligations, commitments of any kind that will limit or prevent its full performance under this Agreement; c)there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d)to Contractor's actual knowledge, neither Contractor nor its personnel have been convicted of a felony. 28. Conflicts of 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 6 09999.0009/267879.1 . on any matter in connection with which Contractor has been retained pursuant to this Agreement. 29. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice. 30. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without the City's prior written consent. Any purported assignment without written consent shall be null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. 31. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California,excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 32. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 33. Authority. The person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 34. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 35. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 36. Non waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 37. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or (b) on the third business day following 7 09999.0009/267879.1 deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other. To CITY: Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONTRACTOR: The address listed in Exhibit "B." 38. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 39. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [Signatures on the following page.] 8 09999.0009/267879.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation : 1zI' ' 1■ I�� , / ATTEST: /2y. 41-4-6 / ///--S Carla Morreaie, City Clerk APPROVED AS TO FORM: ALESHIRE &WYNDER, LLP e 4 -‹ David J. Ales -, City Attorney CONSULTANT: Concept Consultant,Inc. By: Nick Sammadi-president Name: Title: By: Name: Title: Address: 1220 Manning Ave.# 13 Los Angeles,CA 90024 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 9 09999.0009/267879.1 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 STATE OF CALIFORNIA COUNTY OF LOS ANGELES 044 ti4A • 5A MO%Ci # On IV! ,2015 before me, 14in ,personally appeared M eilto ,proved to me on the basis o satisfactory evidence to be the person(s) whose names(sejare subscribed to the within instrument and acknowledged to me that l4/she/they executed the same in i /her/their authorized capacity(ies), and that by &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. WITNESS my hand and official seal. IRAN KNORMANIAN • . c NOWAY MX•CALIFORNIA .'ANGELES COUNTY , LOS A� Signature: COMMISSION*213246S *• MY COMM.EXPIRES NOV.9,2019 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL ® CORPORATE OFFICER Agreement President TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED Nine GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 4th of November 2015 J OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE Nick Sammadi ---- 10 09999.0009/267879.1 EXHIBIT A CONTRACT DOCUMENTS (On file with Director of Public Works) • Notice Inviting Bids • Instructions to Bidders • General Provisions • Special Provisions • Appendices I through IV • Plans • Addenda EXHIBIT B CONTRACTOR'S PROPOSAL PROPOSAL CITY OF RANCHO PALOS VERDES SUNNYS1DE RIDGE TRAIL SEGMENT PROJECT—REVISED SCOPE PROJECT No. 018415 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. Accompanyingthis proposal is Bid Bond (Insert)"$ 10% of Bid amount-cash," "Cashier's Check,""certified check,"or"Bid Bond,"as the case may be)in the amount equal to at least ten percent (10%)of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Sheets. The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter, defaults in executing the required contract, with necessary bonds and documents, within fifteen (15) days after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void. The undersigned certifies to have a minimum of five(5)consecutive years of current experience in the type of Work related to this Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor's License Number 982335 , Class A& 5 which expires •• /31/2017 Signature(s)of bidder: If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation. Legal Business Name: Concept Consultant, Inc. Address: 1220 Manning Ave. unit 13 Los Angeles , CA 90024 10 Telephone: 310439-8516 Contact: Nick Sammadi 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 SUNNYSIDE RIDGE TRAIL SEGMENT PROJECT Bid Date 10/22/2015 11 BIIDDER: Concept Consultant, Inc. CITY OF RANCHO PALOS VERDES BID SHEETS FOR SUNNYSIDE RIDGE TRAIL SEGMENT PROJECT—REVISED SCOPE PROJECT No. 018415 Bidder's Name: Concept Consultant, Inc. To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to enter into the Contract to furnish all labor, materials, equipment and supplies for the SUNNYSIDE RIDGE TRAIL SEGMENT Project in accordance with the Specifications and Plan for demolition, construction and installation in the Contract Documents, as that term is defined in the Standard Specifications, to the satisfaction and under the direction of the Director of Public Works, at the following prices. LUMP SUM ITEMS SHALL INCLUDE PROVIDING AND INSTALLATION OF ALL COMPONENTS STIPULATED WITHIN THE CONTRACT DOCUMENTS AND NECESSARY INCIDENTALS TO FACILITATE PROVIDING SAID COMPONENTS. The bid proposal consists of the Base Bid Schedule,Alternate Bid 1,Alternate Bid 2,and Alternate Bid 3.Determination of the lowest responsible bidder shall be evaluated on the Base Bid Schedule only. The City reserves the right to award work for Alternate Bids 1, 2 or 3 at their sole discretion. The scope and limits of work for each Bid Schedule is depicted on the Plans where items marked "A" designate the Base Bid, "B" Alternate Bid 1, and "C" Alternate Bid 2. Alternate Bid 3 represents a Design-Build bid for retaining walls in the canyon area in lieu of the wall design shown per plan. An allowance for Youth Employment hours is included in the Base Bid to satisfy grant funding conditions. Refer to the specifications for details and requirements in regards to Youth Employment. The quantities reflected on the plans and in the bid-sheets are representative of the amount of work for each item on the project, but are not final quantities to be used for computing payment. Payment will be based on the measurement of actual work completed. The contractor must notify in writing to the project manager of all discrepancies between actual bid quantities and those shown in the bid document prior to commencement of work in any area of the project. 12 BUDDER: Concept Consultant, Inc. BASE BID SCHEDULE ITEM ESTIMATED PRICE EXTENDED NO. DESCRIPTION QUANTITY UNIT UNIT AMOUNT MOBILIZATION (Not to exceed 5%of Total 1 LS $ 13,500 $ 13,500 Base Bid Price) 2 CONSTRUCTION SURVEY 1 LS $4,500 $ 4,500 STORMWATER POLLUTION 3 PREVENTION PLAN/BEST 1 LS $ 5,000.00 $ 5,000.00 MANAGEMENT PRACTICES (Stipulated Amount) 4 CLEARING AND GRUBBING/TREE 1 LS $ 4,500 $4,500 REMOVAL 5 EARTHWORK(CUT AND FILL) 1 LS $ 38,562 $38,562 6 RETAINING WALL,TYPE 1 (Face Area) 415 SF $88 $36,520 7 RETAINING WALL,TYPE 2(Face Area) 400 SF $108 $43,200 SEGMENTAL BLOCK RETAINING WALL: 8A FINISHED HEIGHT 0'-0"to 2'-0"(Face 157 SF $ 67 $ 10,519 Area) SEGMENTAL BLOCK RETAINING WALL: 8B FINISHED HEIGHT 2'-1"to 3'-4" (Face 67 SF $87 $5,829 Area) SEGMENTAL BLOCK RETAINING WALL: 8C FINISHED HEIGHT 3'-5"to 4'-8" (Face 43 SF $110 $4,730 Area) SEGMENTAL BLOCK RETAINING WALL: 8D FINISHED HEIGHT 4'-9"to 6'-0" (Face 69 SF $130 $8,970 Area) SEGMENTAL BLOCK RETAINING WALL: 8E FINISHED HEIGHT 6'-1"to 8'-0"(Face 22 SF $155 $3,410 Area) 8F SEGMENTAL BLOCK RETAINING WALL: 72 EA $22 $1,584 CAP UNIT 9 WOOD EROSION CONTROL 100 LF $25 $ STRUCTURE STORM DRAIN IMPROVEMENTS, 10 INCLUDING PIPE, CATCH BASINS, 1 LS $14,700 $14,700 TRANSITION STRUCTURE AND RIP-RAP 11 FINISH GRADE AND COMPACT TRAIL 3,000 SF $9 $ 27,000 SURFACE 13 BIIDDER: Concept Consultant, Inc. ITEM DESCRIPTION ESTIMATED UNIT PRICE EXTENDED NO. QUANTITY, UNIT AMOUNT 12 DECORATIVE METAL RAILING, TYPE 1 66 LF $ 110 $ 7,260 13 DECORATIVE METAL RAILING, TYPE 2 106 LF $ 135 $14,310 14 LANDSCAPE RESTORATION AND 1 LS $ 5,000 $5,000 HYDROSEEDING 15 INSTALL LANDSCAPING AND 1 LS $ 6500 $ 6,500 IRRIGATION ' 16 PILASTER 1 EA $ 1,210 $1,210 17 INSTALL WOOD RAILING 100 LF $200 $ 18 INSTALL WIRE GRID FENCING ON 50 LF $ 8Q $4,000 WOOD RAILING 19 YOUTH EMPLOYMENT 560 Hours $ 13.5 $7,560 TOTAL BASE BID PRICE IN DIGITS: $ 290,864.00 TOTAL BASE BID PRICE IN WORDS: Two hundred ninety thousand eight hundred sixty four dollars The contract shall be awarded to the lowest responsible bidder based on the TOTAL BASE BID. Note: Some items may be adjusted or deleted. Any changes to the quantities for these items shall not classify as a substantial change as stipulated in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual amount (percentage) compared to estimated quantities, the unit 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 all costs associated with complying with the at-risk youth employment provision per specification and grant requirements. 14 BUDDER: Concept Consultant, Inc. ALTERNATE BID 1 -ITEMS TO CONSTRUCT REMAINING PORTION OF TRAIL AND WALLS ITEM DESCRIPTION ESTIMATED UNIT PRICE EXTENDED NO. QUANTITY --- UNIT AMOUNT Al ADDITIONAL CONSTRUCTION SURVEY 1 LS $ 1,800 $1,800 ADDITIONAL STORMWATER POLLUTION A2 PREVENTION PLAN/BEST 1 LS $ 2,000.00 $ 2,000.00 MANAGEMENT PRACTICES(Stipulated Amount) A3 ADDITIONAL CLEARING AND GRUBBING LS $2,500 $2,500 /TREE REMOVAL A4 ADDITIONAL EARTHWORK(CUT AND 1 LS $ 25,600 $ 25,600 FILL) SEGMENTAL BLOCK RETAINING WALL: A5 FINISHED HEIGHT 0'-0„to 2'-0"(Face 272 SF $ 75 $20,400 Area) SEGMENTAL BLOCK RETAINING WALL: A6 FINISHED HEIGHT 2'-1"to 3'-4"(Face 395 SF $90 $ 35,550 Area) SEGMENTAL BLOCK RETAINING WALL: A7 FINISHED HEIGHT 3'-5"to 4'-8"(Face 272 SF $110 $29,920 Area) SEGMENTAL BLOCK RETAINING WALL: A8 FINISHED HEIGHT 4'-9"to 6'-O"(Face 196 SF $130 $25,480 Area) SEGMENTAL BLOCK RETAINING WALL: A9 FINISHED HEIGHT 6'-1"to 8'-O"(Face 816 SF $ 145 $118,320 Area) A10 SEGMENTAL BLOCK RETAINING WALL: 223 EA $25 $ CAP UNIT All INSTALL WOOD RAILING 300 LF $200 $60,000 Al2 INSTALL WIRE GRID FENCING ON WOOD 260 LF $45 $ 11,700 RAILING Al3 ADDITIONAL LANDSCAPE 1 LS $5,500 $5,500 RESTORATION AND HYDROSEEDING Al4 FINISH GRADE AND COMPACT TRAIL 3400 SF $ 6 $20,400 SURFACE TOTAL ALTERNATE BID 1: $ 361* ,145. 0 0 15 BUDDER: Concept Consultant, Inc. ALTERNATE BID 2 -ITEMS TO CONSTRUCT BRIDGE AND BRIDGE ABUTMENTS. ITEM ESTIMATED PRICE EXTENDED NO. DESCRIPTION QUANTITY UNIT UNIT AMOUNT Al 5 ADDITIONAL CONSTRUCTION SURVEY 1 LS $ 1,500 $ 1,500 ADDITIONAL STORMWATER POLLUTION A16 PREVENTION PLAN/BEST 1 LS $ 1,000.00 $ 1,000.00 MANAGEMENT PRACTICES(Stipulated Amount) A17 ADDITIONAL CLEARING AND GRUBBING 1 LS $ 1,500 $ 1,500 /TREE REMOVAL A18 ADDITIONAL EARTHWORK(CUT AND 1 LS $ 17,800 $ 17,800 FILL) A19 PROVIDE AND DELIVER BRIDGE 1 LS $ 56,315 $56,315 A20 CONSTRUCT ABUTMENTS AND INSTALL 1 LS $ 120,000 $ 120,000 BRIDGE A21 LANDSCAPE RESTORATION AND 1 LS $ 5,500 $ 5,500 HYDROSEEDING A22 1,000 GRADE AND COMPACT TRAIL 1,000 SF $ 7.50 $7,500 SURFACE SUBTOTAL ALTERNATE BID 2: $ 2/L//S'.00 ALTERNATE BID 3 DESIGN-BUILD RETAINING WALL(OPTIONAL BID ITEM) ITEM ESTIMATED PRICE EXTENDED NO. DESCRIPTION QUANTITY UNIT UNIT AMOUNT CONTRACTOR DESIGN-BUILD A23 2132 WALLS IN CANYON IN LIEU 2132 SF $14,500 $ 14,500 OF BID ITEMS 8A THROUGH 8F,AND A5 THROUGH A10(Face Area) SUBTOTAL ALTERNATE BID 3: $ /4°,700 Signature: %� Title: President Date: 10/22/2015 16 BIIDDER: Concept Consultant, Inc. Signature: /G �� Title: President Date: 10/22/2015 17 INFORMATION REQUIRED OF BIDDER Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder's name: Concept Consultant, Inc. (2) If the Bidder's name is a fictitious name, who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name, write "N/A" in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. (3) Business address: 1220 Manning Ave. # 13 Los Angeles, CA 90024 (4) Telephone: 310-439-8516 Facsimile: 310-400-5829 (5) Type of firm - Individual, Partnership, LLC or Corporation: Corporation (6) Corporation organized under the laws of the state of: California (7) California State Contractor's License Number and Class: 982335 Class A& B (8) DIR Contractor Registration Number: 1000008410 (9) List the name and title of the person(s)who inspected the site of the proposed Work for your firm: Nick Sammadi - project manager (10) Number of years'experience the company has as a contractor in construction work: 38 (11) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Proposal: Nick Sammadi- President 1220 Manning Ave. # 13 Los Angeles, CA 90024 (12) List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this Bid: N/A (13) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid: N/A 18 (14) For all arbitrations, lawsuits, settlements and the like (in or out of court)that the company or any principal having an interest in this Bid has been involved with in the past five (5)years: a. Briefly summarize the parties' claims and defenses: No (15) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain. No (16) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, explain. No (17) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a "termination of convenience"? If yes, explain. • No . No . No (18) For projects that the company or any principal having an interest in this Bid has been involved with in the last five(5)years, did you have any claims or actions: a. By you against the owner? Circle one: Yes b. By the owner against you? Circle one: Yes ® 19 c. By any outside agency or individual for labor compliance? Circle one: Yes o d. By Subcontractors? Circle one: Yes o e. Are any of these claims or actions unresolved or outstanding? Circle one: Yes If your answer is "yes"to any part or parts of this question, explain. • (19) List at least three similar projects completed as of recent date: Contract Amount Class of Work Date Completed Name,Address of Owner, &Telephone No. $438,500 A 6/30/2014 UCLA-Dan Lerman 310-490-5208 $373,550 B 11/10/2015 City of Industry - Gerry Perez 626-333-0336 $326,884 A 10/20/2015 City of Hermosa Beach Vince 310-415-8977 Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information. Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive. The Bidder certifies under penalty of perjury under the laws of the State of California that the information provided above is true and correct. Notary Public Company Concept Consultant, Inc. to me: 1�'# •c•�s't Signature: Subscribed and sworng .._ 1, 5 ot.••,. Title. _ President Signature: Date: _ 10/19/2015 This ( dayof 0c4j4 tr , 20 C 7`' • Title: Nat../. -- Signature: oe' Signature. Title: Treasurer Date: _ 10/19/2015 (SEAL) MICHAEL J.SORIANO COMM.#2069810 : '. -d;;m NOTARY PUBLIC-CALIFORNIA ° ORANGE COUNTY '4 fFOR�`P My Comm.Expires May 30,2018 20 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES Subscribed and sworn to (or affirmed) before me on this 19 day of OCTOBER , 20 15 , by NICK SAMMADI proved to me on the basis of satisfactory evidence to bete --- person who appeared before me. , st.°, F MICHAEL J.SORIANO p-. �9 COMM.#2069810 ti m NOTARY PUBLIC-CALIFORNIA v ORANGE COUNTY "' cgt�FORN�P My Comm.Expires May 30,2018 (Seal) Signature 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 1 Name/Number UCLA-Automated bolards 1 Project Description Install under ground utilities concrete work, electrical asphalt, Approximate Construction Dates From: 10/29/2013 To: 6/30/2014 Agency Name: UCLA Contact Person: Dan Lerman Telephone: 310490-5208 Address: Los Angeles, CA Original Contract Amount: $ 398,800 Final Contract Amount: $ 438,500 If final amount is different from original amount, please explain (change orders, extra work, etc.) Additional concrete work Did you file any claims against the Agency? Circle one: Yes 6) Did the Agency file any claims against you? Circle one: Yes op If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 2 Name/Number City of Industry- building renovation Project Description Remodeling Approximate Construction Dates From: 5/20/2015 To: 11/15/2015 Agency Name: City of Industry Contact Person: Gerry Perez Telephone: 626-333-0336 Address: City of Industry, CA Original Contract Amount: $ 357,000 Final Contract Amount: $ 377,000 21 If final amount is different from original amount, please explain (change orders, extra work, etc.) Framing improvement Did you file any claims against the Agency? Circle one: Yes o Did the Agency file any claims against you? Circle one: Yes a If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 3 Name/Number City of Hermosa Beach Project Description Surf Legends Memorial Approximate Construction Dates From: 7/20/2015 To: 10/31/2015 Agency Name: City of Hermosa Beach Contact Person: Vince Dammase Telephone: 310-415-8977 Address: City of Hermosa Beach, CA Original Contract Amount: $ 343,500 Final Contract Amount: $ 375,700 If final amount is different from original amount, please explain (change orders, extra work, etc.) Concrete benchs Did you file any claims against the Agency? Circle one: Yes 0 Did the Agency file any claims against you? Circle one: Yes If you answered yes to either of the above two questions, please explain and indicate outcome of claims. 22 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: Yes Did the Agency file any claims against you? Circle one: Yes If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 5 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.) 23 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 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. 24 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code 7028.15] [Public Contract Code 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below: Business &Professions Code 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now ' 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section,the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract"for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractor to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non- responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13 inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed 25 pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractor's State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: 982335 Class: A& B Expiration Date: 3/31/2017 Date: 10/22/2015 Signature: . 26 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. Nick Sammadi: The president of the company as a civil engineer with more than 40 years experience in public work projects directly will manage the project. X/'( ''''''' '--- 27 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 41043 List all Subcontractors who willp erform 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 aortion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount • portion excess of ane-ha#f percent (0.5%) of the Contrac#orTs total Bid or, in the case of bdi s or offers for the construction of streets or � highways, includingbridges, in excess of one-half percent (0.5%) of the Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. California Name under which Contractor's California DIR Type of Work Percentage of Subcontractor is License Contractor Address& Phone Number (e.g. Electrical) Total Bid (e.g., Licensed Number(s)& Registration 10%)* Class(es) Number 1 00000 1585 18520 Minthorn St. Lake Elsino Structural steel 12% AAF Steel Structural 858004 CA, 92530 &fencing First Class Plumbing862790 1000015549 Venice, CA Plumbing 4% Reyes & Sons Electric 817091 1000003506 Sylmar, CA Electrical 2.5% Bennett Landscape 47003 1000006863 Harbor City Landscape 4.5% Staforellie Design & Building Block wall & 1000015514 Torrance, CA Bl 25.5% 840176 Reinforcement *The percentage of the total bid shall represent the"portion of the work"for the purposes of Public Contract Code Section 4104(b). 28 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Bidder's Name Concept Consultant, Inc. Current Year of 2014 2013 2012 2011 2010 Total Record Number of contracts 4 3 2 2 1 1 13 Total dollar amount of contracts (in thousands 860 650 480 360 210 155 2,715 of dollars) Number of fatalities 0 0 0 0 0 0 0 Number of lost workday 0 0 0 cases 0 0 0 0 Number of lost workday cases involving permanent transfer to 0 0 0 0 0 another job or 0 0 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 a - - ithi•;•••'imitations of those records. Signature: Signature: Title: President Title: Date: 10/22/2015 Date: 29 Bond No. N/A BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has issued an invitation for Bids for the Work described as follows: SUNNYSIDE RIDGE TRAIL SEGMENT PROJECT - REVISED SCOPE Project No. 018415 WHEREAS Concept Consultant,Inc. 22 M Manning Avenue,#13 Los Angeles, CA 90024 l 0 a gg , (Name and address of Bidder) ("Principal"), desires to submit a Bid to Public Agency for the Work. WHEREAS, Bidders are required under the provisions of the California Public Contract Code to furnish a form of Bidder's security with their Bid. NOW, THEREFORE, we, the undersigned Principal, and SureTecInsurance Company 3033 5tAvenue, Suite 300, San Diego, CA 92103 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Ten Percent of Amount Bid Dollars ($ 10%of bid ), being not less than ten percent (10%) of the total Bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the Work by the Public Agency and, within the time and in the manner required by the Specifications, enters into the written form of Contract included within those Specifications, furnishes the required Bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this Bond, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code Section 2845. 30 IN WITNESS WHEREOF,this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: October 19,2015 "Principal" "Surety" Concept Consultant,Inc. SureTec Insurance Company By: r- By: Its Its I i• • .I e,Attorney in Fact By: By: Its Its (Seal) (Seal) Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 31 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of Los Angeles On OCT 19 2015 before me,A. Bisordi , Notary Public personally appeared David Noddle who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is A.BISORDItrue and correct. NOTARY PUBLIC-CALIFORNIA s' LOS ANGELES COUNTY `� COMMISSION#2111128 r �- WITNESS my hand and official seal. MY COMM,EXPIRES MAY 11�2019 i4 Sign. r re of Not OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT LI INDIVIDUAL ❑ CORPORATE OFFICER Title or Type of Document ❑ PARTNER(S) Number of Pages LI MEMBER of LLC El ATTORNEY-IN-FACT ❑ TRUSTEE(S) LI GUARDIAN/CONSERVATOR Date of Document OTHER: SIGNER IS REPRESENTING: Signer(s)other than named above NAME OF PERSON(S)OR ENTITY(IES) POA#: 510010 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint David Noddle its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 05/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-Presidert, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999.) in Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. . "2..12! uwWWI , SURETEC INSURANCE COMPANY w; ' b11111f I John rox Jr. 'resident State of Texas • Y� . County of Harris ••••••-•••' � ��unrrurnw,n" On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. "(Puke JACQUELYN MALDONAD i _►� Notary Public f .� State of Texas . �'''?OF42 My Comm.Exp.5/18/2017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. saidOCT 19 20f5 A.D. Given under my hand and the seal of Company at Houston, Texas this day of , .Bre t Beaty,Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code 7106] [Public Contract Code§ 7106] State of California ) County of Los Angeles ) ss. City of Los Angeles ) The undersigned declares: I am the President of Concept Consultant, Inc,.the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation.The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder.All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or 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 on 10/19/2015 [date], at Los Angeles [city], California [state]. Signature o e::: �—V Subscribed and sworn to before me on (0 C (Date) • -- --: (Notary Seal) Signature otary Public ,��`p•°. �F MICHAEL J.SORIANO COMM.#2069810 Jw'� .•: •,4; m NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY gt,Foa'P My Comm.Expires May 30,2018 32 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 Subscribed and sworn to (or affirmed) before me on this 19 day of OCTOBER , 20 15 , by NICK SAMMADI proved to me on the basis of satisfactory evidence to be the pers * . • :- . :• • • e. MICHAEL J.SORIANO COMM.#2069810 (,Imo o NOTARY PUBLIC-CALIFORNIA r ' ORANGE COUNTY 1F0a,,`P My Comm.Expires May 30,2018 (Seal) Signature ACKNOWLEDGMENT OF ADDENDA Bidder's Name: The Bidder shall signify receipt of all Addenda here, if any: Addendum Number Date Received Signature None If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Ad. - da. Signature: Title: President Date: 10/22/2015 33 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 contract(s)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 ❑ P.rtnership 0 Franchise Corporation 0 Limited Liability Corporation ❑ Other: 2. Total number of employees in firm/organization,including owners: .2 3. Break down the total number of employees in your firm/organization into the following categories: Owners,Partners,and Associate Partners Race/Ethnicity Male Female Managers Staff Black/African-American Hispanic/Latino Asian-American/Pacific Islander American Indian/Alaska Native Filipino American White J f Other 4. Indicate,by percentage,how ownership of the firm/organization is distributed: Asian- American Black/ American/ Indian/ African- Hispanic/ Pacific Alaskan Filipino- American Latino Islander Native American White Other Men 2. Women S. If your firm is currently certified as a Minority (MBE), Women{WBE), Disadvantaged (DBE), and/or Disabled Veteran (DVBE) Business Enterprise by a public agency,indicate the Business Enterprise certification of your firm,the certifying agency,and the expiration date of the certification: MBE WBE DBE DVBE Name of Certifying Agency Expiration Date ❑ 0 0 0 1V. ❑ 0 0 0 O 0 0 0 O ❑ 0 0 ❑ ❑ ❑ ❑ ❑ 0 0 0 34 POLICYHOLDER COPY Sc STATE P.C. BOX 8192, PLEASANTON, CA 94588 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-10-2015 GROUP: POLICY NUMBER: 9070420-2015 CERTIFICATE ID: 13 CERTIFICATE EXPIRES: 08-31-2016 08-31-2015/08-31-2016 CITY OF RANCHO PALOS VERDES SC JOB:SUNNYS I DE RIDGE TRAIL SEGMENT P.#018415 2477 SUMIYSIDE RIDGE 30940 HAWTHORNE BLVD RANCHO PALOS VERDES RANCHO PALOS VERDES CA 90275-5351 CA 20275 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ..e.417eW—oelff AL, AA,44%4"...., Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - SAtMMADI, NICK P,S T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-31-2015 IS •••• ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER CONCEPT CONSULTANT, INC. CONCEPT CONSULTANT, INC. 1220 MANNING AVE APT 13 LOS ANGELES CA 90024 [P19,SC] :REV.7-2014) PRINTED : 11-10-2015 ACC:MD CERTIFICATE OF LIABILITY INSURANCE DATE(MMfDO/YYYY) `.,�.. 11/09/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an AI DITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATIOII IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements). NAME: Nada Hekmat House of Insurance Sales PHONE FAX 23276 S Pointe Drive Suite 103 , : (949)707-7777 (, ,No:(949)707-5051 MAIL Laguna Huls,CA 92653 ADDRESS: nada.hekmat@houseofinsurance.com INSURER(S)AFFORDING COVERAGE NAIC S License#:0744226 INSURER A: Security National Insurance Company INSURED INSURER B: Automobile Club of Southern California Concept Consultant Inc. INSURER C: 1220 Manning Ave Unit 13 INSURER D: Los Angeles,CA 90024 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000.0 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - Y EXP L TYPE OF INSURANCE I ID I POLICY NUM¢ER YPOUCYYYYY) (MM�IDOIIY YI LIMITS A X COMMERCIAL GENS LIABILITY Y NA10646830-2 08/20/2015 08/20/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JPERC LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY CAA062388584 01/27/2015 01/27/2016 Ma Ise°SINGLE LlOi r " $ 1,Q00,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED (PPROP DAMAGE AUTOS $ er accident) UMBRELLA LIMB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 011- STA UTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y N NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? El (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE1$ Ifyes deealee under DESG�-l i(�1�1 Or OPERATIONS below _ .E.L.DISEASE-POLICY LIMIT $ 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space is required) Project Name:Sunnyside Ridge Trail Segment Project#018415 Job Address:2477 Sunnyside Ridge RD,City of Rancho Palos Verdes,CA CERTIFICATE HOLDER CANCELLATION City of Rancho Palos Verdes SHOULD ABOVE DESCRIBED E CANCELLED BEFOREEX T DTTTHEO,i� WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 30940 Hawthorn Blvd. AUTHORIZED REPRESENTATIVE Rancho Palos Verdes,CA 90275 (SSS) ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Printed by SSS on November 09,2015 at 10:22AM AGENCY CUSTOMER ID: 00000000 LOC#: ACCORD/ ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED House of Insurance Sales Concept Consultant Inc. POLICY NUMBER N/A CARRIER NAIC CODE Multiple Carriers EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 . FORM TITLE: Certificate of Liability Insurance 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. ACORD 101(2008/01) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by SSS on November 09,2015 at 10:22AM • ADDITIONAL IN§URED ENDORSEMENT - COMPREHENSIVE GENERAL LIABILITY fr Gr,ce p r-S irlSv . Name and addres of nam d in red("Named. Insured"): tJ ; 4—;V r7 r+n • Name and address f Insurance Company("Company"): .P-71 f 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 C /41/4 44-0 71IVc Yeit›SfC ("Public Agency"), its electe officials, officers,attorne s agents,employees,and volunteers are additional Y � 9 � insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties,from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the 53 • 1 validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive,alter or extend any of the limits, agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY - A • 6/1 (. 1 H : 1/-; 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Contractual Liability ❑ Explosion Hazard ❑ Owners/Landlords/Tenants ❑ Collapse Hazard ❑ Manufacturers/Contractors ❑ Underground Property Damage ,'Products/Completed Operations ❑ Pollution Liability ❑ Broad Form Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury ❑ ❑ Broad Form Comprehensive ❑ General Liability Endorsement ❑ 12. A o deductible or❑ self-insured retention (check one)of$ 1000 applies to all coverage(s)except: (if none, so state). The deductible is applicable per claim or❑ per occurrence (check one). 13. This is an occurrence or❑claims made policy(check one). 14. This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number I, G,,0 e1 W1 G,+r►• (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 t Company. Executed V1 4 , 20 1 Signatur- of Auth. zed epresentative (Original sign. ure •nly;no facsimile signature Telephone No.: Pi ) b7_727or initialed sit '. ure accepted) 54 2 t ADDITIONAL INSURED ENDORSEMENT -AUTOMOBILE LIABILITY Name and address of named insured("Named Insured"): i c c, L A A A Name and address of Insurance Company("Company"): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (ATI /74lCD pestos ("Public Agency"), its elected offibials,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 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 55 4 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 n . 7/5"--- 1//27/4,_ 100 0/0o/1 esp 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: i Any Automobiles Truckers Coverage II •wne• Automobiles Motor Carrier Act i Non-owned Automobiles I Bus Regulatory Reform Act Hired Automobiles Public Livery Coverage Scheduled Automobiles Garage Coverage 12. A deductible or❑ self-insured retention (check one)of$ Fop applies to all coverage(s)except: (if none,so state). The deductible is applicable G per claim or G per occurrence(check one). 13. This is an occurrence or❑claims made policy(check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number , (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 1l 1 6 , Ad Signature of A firmed r-• entative (Original sig .ture on •,o f. simile signature Telephone No.: ( °fr\ ) 7t7. 7777 or initialed .ignatur cep,-d) 56 4 F► • ADDITIONAL INSURED ENDORSEMENT - COMPREHENSIVE GENERAL LIABILITY &flr ' Gn Name and dress o named i su -d('Naried Insured'): Se Cir I Name and address of surance Company("Company'): .t J General description of agreement(sP3-, permit(s), license(s), 6nd/or active y(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 JZ C!61 5 (iiirJr9 /MA 174 a A?)I mf �IE172Js Lu-r ("Public Agency"), its elected officials,officers,attorfieys,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 affCded by the Policy for contractual liability insurance(subject to the terms, conditions and exclusions applOatble to suchrinsurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties,from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the 53 I. validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY il CD-en L-4 6 bi, ) ; 1-7 1 - - 06 1 i'14 V A ) 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Explosion Hazard O Owners/Landlords/Tenants ❑ Collapse Hazard ❑ Manufacturers/Contractors ❑ Underground Property Damage O Products/Completed Operations ❑ Pollution Liability ❑ Broad Form Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury 0 o Broad Form Comprehensive ❑ General Liability Endorsement ❑ 12. A❑ deductible or❑self-insured retention (check one)of$ 1 ©fin applies to all coverage(s)except: (if none, so state). The deductible is applicable❑ per claim or❑ per occurrence (check one). 13. This is an 1Zurrence or I❑ claims made policy(check one). 14. This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number . I, D-Ci)..�D (print name), hereby declare under penalty of pprju,ry 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 11 �0 1 , 20 )(V Signature of Au or&ed 'Pr-.entative (Original sig ature • ly; • facsimile signature Telephone No.: ( 911 5 ) 7 O 2. 7 7 7 or initialed signatur- --cepted) 54 ADDITIONAL INSURED ENDORSEMENT -AUTOMOBILE LIABILITY Name and address of named insured ("Named Insured'): ce,,r„gri; Name ar6 address of Insurance Company("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The WS A/biz 614.5 ÜMf1)' j2.LWj/O'41 L j744& AAJP OPsl'i Sr°4 7440 ("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 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 55 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 A- d 1/13444, 1 HI )2th 1 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: CAny Automobi 1 Truckers Coverage ned Automobiles I Motor Carrier Act Non-owned Automobiles I Bus Regulatory Reform Act Hired Automobiles I Public Livery Coverage Scheduled Automobiles Garage Coverage 12. A❑ deductible or o self-insured retention (check one) of$ /c6 0 applies to all coverage(s)except: (if none, so state). The deductible is applicable G per claim or G per occurrence (check one). 13. This is an occurrence or o claims made policy(check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . �-- I, C Or 7rY)dL,r/ (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 Com•any. Executed 11 1 , 20 j Al Signature of Auth r,rized R-• tative (Original signatu e only o fa'simile signature Telephone No.: (1-_ _) 7U7,7 PI '71 or initialed signature . cep -d) 56 Premium is for contra • ct term and is subject to adjustment ent based on final contractpri' ce. Bond No. 5206942 PERFORMANCE BOND Premium: $5,363.00 KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to Concept Consultant,Inc. 1220 Manning Ave #11,T.ns An lei CA 90024 (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: SUNNYSIDE RIDGE TRAIL SEGMENT PROJECT— REVISED SCOPE Project No. 018415 WHEREAS, Principal is required under the terms of the Contract to file a good and sufficient performance bond with the Public Agency for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and SureTec Insurance Company 3033 5th Ave.,Ste. 300, San Diego, CA 92103 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Two Hund ed Ninety Thousand Dollars ($ 290,864.00 ) (the "Penal Sum"), this amo i n .eing no -ss an one hundred percent (100%) of the total Contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, employees, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. 47 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: November 9,2015 "Principal" "Surety" Concept Consultant,Inc. SureTec Insurance Company By: By: Its Its D. •• N!, •i e,Attorney in Fact By: By: Its Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT ALESHIRE &WYNDER, LLP By: By: dripf.:*,'Insurance Administrator Publi =- - - 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 48 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of Los Angeles On NOV 0 9 2015 before me, A. Bisordi , Notary Public personally appeared David Noddle who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. A.BISOROI NOTARY PUBUC-CAIIPpRNIA V LOS ANGELES COUNTY WITNESS hand and official seal. toMMSSION#2111128 --.. � my t MY COMM.EXPIRES MAY '' 11,2Q19 Signa ure of Nota OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL LI CORPORATE OFFICER Title or Type of Document ❑ PARTNER(S) Number of Pages El MEMBER of LLC LI ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR Date of Document OTHER: SIGNER IS REPRESENTING: Signer(s)other than named above NAME OF PERSON(S)OR ENTITY(IES) POA#: 510010 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint David Noddle its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and.duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 05/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be'it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal .f to be hereto affixed this 21st day of March,A.D.2013. ,, A SURETEC INSURANCE COMPANY •.,o -0116bot, !w f ` '411111%.,. ›1 By:E John rox Jr. 'resident State of Texas ss: V.....P.11Y r County of Harris Niamroa0 On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. PUBS, JACQUELYN MALDONADO Notary Public State of Texas N� OF-64 My Comm.Exp.5/18/2017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of , I I $ I ,A.D. 10, .Bre t Beaty,Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. Bond No. 5206942 Premium Included with Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to Concept Consultant,Inc. 1220 Manning Ave_ #13,Los An les CA 90024 (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: SUNNYSIDE RIDGE TRAIL SEGMENT PROJECT— REVISED SCOPE Project No. 018415 WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to file a good and sufficient payment bond with the Public Agency to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and SureTec Insurance Company 3033 5th Ste. 300, San Diego, CA 92103 Ave., g , (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 Two Hundred Ninety Thousand Eight Hundred Sixty Four&no/100 Dollars ($ 290,864.00 ) (the "Penal Sum"), this amount being not less than one hundred percent (100%) of the total Contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the Penal Sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations 45 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: November 9, 2015 "Principal" "Surety" Concept Consultant,Inc. SureTec Insurance Company By: I' By: Its Its ay. die,Attorney in Fact By: By: Its Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT ALESHIRE &WYNDER, LLP By: By: y Insurance Administrator Maric 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. 46 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of Los Angeles On NOV 0 92015 before me, A. Bisordi , Notary Public personally appeared David Noddle who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is A.81SORQi . true and correct. NOTARY Pt18LIC-CAL�FORN!A , '��'� LOS ANGELES COUNTY , '�A WITNESS myhand and official seal. COMMI '��- SSION#2111128 �.�1� �-► MY M �_ COM .EXPIRES MAY i 1,2019 r►,�11,, Signa re of Not OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT El INDIVIDUAL ❑ CORPORATE OFFICER Title or Type of Document ❑ PARTNER(S) Number of Pages ❑ MEMBER of LLC ❑ ATTORNEY-IN-FACT LI TRUSTEE(S) LI GUARDIAN/CONSERVATOR Date of Document OTHER: SIGNER IS REPRESENTING: Signer(s)other than named above NAME OF PERSON(S)OR ENTITY(IES) POA#: 510010 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint David Noddle its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the p y by authority of the following 05/18/2017 and is made under and premises. Said appointment shall continue in force until resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and inthe name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon on the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal .f to be hereto affixed this 21st day of March,A.D.2013. . or.01„:„.4...4\ SURETEC INSURANCE COMPANY v�Nc !q •N111 . By: 111K- w r John ox Jr. 'resident V ,rState of Texas ss: f Y County of Harris ~........."•••'. Mont MO' On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. r8JAC?o���P OUYLD0N0 _�� Notary Public State of Texas 0,,, My Comm.Exp.5/18/2017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of NOV 0 92015 ,A.D. .Bre t Beaty,Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. Premium is for contract term and is subject to adjustment based on final contract price. Bond No. 5206942 PERFORMANCE BOND Premium: $5,363.00 KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to Concept Consultant,Inc. 1720 Manning Ave #11,T.ns An les CA 90024 (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: SUNNYSIDE RIDGE TRAIL SEGMENT PROJECT— REVISED SCOPE Project No. 018415 WHEREAS, Principal is required under the terms of the Contract to file a good and sufficient performance bond with the Public Agency for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and SureTec Insurance Company 3033 5th Ave.,Ste. 300, San Diego, CA 92103 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Two Hundred Ninety Thousand Dollars ($ 290,864.00 ) (the "Penal Sum"), this amo i n •eing no -ss an one hundred percent (100%) of the total Contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, employees, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. 47 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: November 9, 2015 "Principal" "Surety" Concept Consultant,Inc. SureTec Insurance Company By: By: Its Its David l •• :N e,Attorney in Fact By: By: Its Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT ALESHIRE &WYNDER, LLP By: By: •• Insurance Administrator Public Ag-- 'ttorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached 48 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of Los Angeles On NOV 0 92015 before me,A. Bisordi Notary Public personally appeared David Noddle who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is 77.sz7„ true and correct. --• NOTARY PUBLIC-CALIFORNIA a ;iA.z . LOS ANGELES COUNTY •Nt y" caCOMMISSION 2111128 WITNESS my hand and official seal. MY COMM.EXPIRES MAY 11,2019 ,:s;fir w t Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT LI INDIVIDUAL LII CORPORATE OFFICER Title or Type of Document LI PARTNER(S) Number of Pages ❑ MEMBER of LLC LI ATTORNEY-IN-FACT LI TRUSTEE(S) LI GUARDIAN/CONSERVATOR Date of Document OTHER: SIGNER IS REPRESENTING: Signer(s)other than named above NAME OF PERSON(S)OR ENTITY(IES) POA#: 510010 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint David Noddle its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and.duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 05/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. ‘0001.10.11111111, SURETEC INSURANCE COMPANY J X,q OA By: r w I w n John .1 ox Jr. 'resident State of Texas ss: .. ,t f County of Harris '...... , ' Mont that he On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say, resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. �tPY Pukt JACQUELYN MALDONADO _1, Notary Public i �� State of Texas '''tof# My Comm.Exp.5/18/2017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. NOV 0 9 2015 Given under my hand and the seal of said Company at Houston, Texas this _day of , , A.D. .Bre t Beaty,Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. Bond No. 5206942 Premium Included with Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to Concept Consultant,Inc. 1220 Manning Ave_ #13,Los Angeles,CA 90024 (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: SUNNYSIDE RIDGE TRAIL SEGMENT PROJECT— REVISED SCOPE Project No. 018415 WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to file a good and sufficient payment bond with the Public Agency to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and SureTec Insurance Com anyy 3033 5th Ave_ Ste. 300, San Diego CA 92103 , (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all subcontractors, laborers, material persons, and other persons employed in the performance of the Contract in the penal sum of Two Hundred Ninety Thousand Eight Hundred Sixty Four&no/100 Dollars ($ 290,864.00 ) (the"Penal Sum"), this amount being not less than one hundred percent (100%) of the total Contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the Penal Sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations 45 1 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: November 9, 2015 "Principal" "Surety" Concept Consultant,Inc. SureTec Insurance Company VrrX,,•••"" Y' By: : �- B : / Its Its ay. oddle,Attorney in Fact By: By: Its Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT ALESHIRE &WYNDER, LLP By: By: Insurance Administrator '•• Agency Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 46 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of Los Angeles On NOV 0 9 2015 before me,A. Bisordi , Notary Public personally appeared David Noddle who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is A.BISORDI ( true and correct. NOTARY PUBLIC-CALIFORNIA W LOS ANGELES COUN ' #`�' * A COMMISSION#2111128 ♦-- WITNESS my hand and official seal. MY COMM.EXPIRES MAY 11,2019 ,..:ti--L'-'w{ \-' -en— --.L 'Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT El INDIVIDUAL LI CORPORATE OFFICER Title or Type of Document LI PARTNER(S) Number of Pages LI MEMBER of LLC LI ATTORNEY-IN-FACT LI TRUSTEE(S) LI GUARDIAN/CONSERVATOR Date of Document OTHER: SIGNER IS REPRESENTING: Signer(s)other than named above NAME OF PERSON(S)OR ENTITY(IES) POA#: 510010 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint David Noddle its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 05/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. .Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20t of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. `yM,pa,NiM,uw,►� SURETEC INSURANCE COMPANY ............... l By. w w�. D 1 John ox Jr. resident State of Texas ss: Ali t � vit County of Harris ' fMINM On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. ���►v Push, JACQUELYN MALDONADO _►� Notary Public f • State of Texas ' 1 �''itoF# My Comm.Exp.5/18/2017 Jacgielyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. NOV 0 9 2015 A.D. Given under my hand and the seal of said Company at Houston, Texas this day of , r .Bre s t Beaty,Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. k..k.,,A,,, ‘1,:,.,?•,,, , A, , !1 State of California - - Secretary of State , SecretaryState , . I, DEBRA BOWEN of or the State of California, hereby certify: ,, That the attached transcript of _ page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that It is full, true and correct, ccs.csZ:S, .0.,0:1, p F ,.., i:',',..11, ..,,,,,\ IN WITNESS WHEREOF, I execute this L.,-, 40,--. •,,,,,,,,,,,,(t.\r,, :\ „A'9certificate and affix the Great Seal of the 4.-firt ,,. State of California this day of _7,-4,, • ,,, .,,,x M,c• _ „,,,,,,,,,„ ... .,,, ,,* \0t *'4 -- '`10-7.&--• rncA '..:•'-, ,.. 4'Y- 'I g 41-11:1,4''''JA\ , 44 '', '>J;stVi'• 0 1.,.tis•—•4,e.t1) d'.4*14./ .--! k ity-'1*1 a ' ,4:0"/,' --,•i, r; JUL 1 5 2009 a ' •.<-;!'i 4'"g*d 1.? ____ - • --- ve----z„ .'I--i-,--* i . „,,,, ,,, ................._....._„...._„„ \-:1)-, .,.._••-,,,,,„ . ....<<..."-->• ah ifl 0,,,,„, 40 1)1',BRA BOW EN Secretary of State ,`3Str..1to ForCE. 107(REV 1/2001 - - OSP Oa 1114g Mk< ;... <%.'•c. .;;� '4' ..:X4x. ENDORSED - FILED in the office of the Secretary of Stam of the State of California JUL 1 5 2009 ARTICLES OF INCORPORATION OF CONCEPT CONSULTANT, INC. The undersigned, being over the age of eighteen years, in order to form a corporation pursuant to the provisions of the California Corporations Code, hereby certifies as follows: I. NAME The name of the corporation, hereinafter referred to as the"Corporation," is CONCEPT CONSULTANT, INC. I1. PURPOSE The purpose of the corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. III. INITIAL AGENT The name and address of the initial agent for service of process: NICK SAMMADI 1220 Manning Ave. Unit#13 Los Angeles, CA 90024 IV. SHARES The corporation is authorized to issue only one class of shares, having a total number of 1,000 shares.All or any part of said shares may be issued by the corporation from time to time and for such consideration as may be determined upon or fixed by the Board of Directors, as provided by law. V. DIRECTORS The liability of directors of the corporation for monetary damages shall be eliminated to the fullest extent permissible under California law. 1 VI. NO PREFERENCES, PRIVILEGES, RESTRICTIONS No distinction shall exist between the shares of the corporation or the holders thereof. EXECUTION IN WITNESS WHEREOF, the undersigned, who is the incorporator, has executed these Articles of Incorporation on 4' /3 , 2009 .....„), ,.......2,„,:t ., , .,......„..--,...--- ..-.7.. N ICK SAM orator a 4 v Z��� :•: k { xg i xMf 'j,::;::01i;P:.NiaE..;V 1 \4 p4{ tW JN �N 1` •�y f 2 CERTIFICATE OF SECRETARY OF ADOPTION OF BYLAWS OF CONCEPT CONSULTANT, INC. BY FIRST DIRECTOR(S) I DO HEREBY CERTIFY AS FOLLOWS: That I am the duly elected, qualified and acting Secretary of the above named corporation,that the foregoing Bylaws were adopted as the Bylaws of said corporation on the date set forth above by the person(s) named in the Articles of Incorporation as the First Director(s) of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal on Nick Sammadi , Secretary 29 BYLAWS OF CONCEPT CONSULTANT,INC. ARTICLE I OFFICES AND AGENTS Section 1. PRINCIPAL EXEC UTI VE OFFICE. The principal executive office for the transaction of business of the corporation is hereby fixed and located at 1220 Manning Ave.# 13 City of. Los Angeles,CA 90024 , County of Los Angeles State of California. The location of the principal executive office may be changed by approval of a majority of the authorized Directors, and additional offices may be established and maintained at such other place or places, either within or without the State of California, as the Board of Directors may from time to time designate. Section 2. OTHER OFFICES. Branch or subordinate offices may at any time be established by the Board of Directors at any place or places where the corporation is qualified to do business. Section 3. REGISTERED AGENTS. The corporation shall have and maintain a registered agent within the State of California and within all other states in which it is required by applicable law. By: Name:Nick Sammadi Title:President 1 . -, AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a"public work"as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720)of the California Labor Code ("Chapter 1"), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b)the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms,rules and regulations described in 1(a)and 1(b)as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 4. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DiR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 5. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 7. Contractor acknowledges that eight(8)hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25)for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon 50 .ti compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. 8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 9. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 10. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity(including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. . °% Signature �, Date 1: Date Signature 2: 51 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: Agreement Sunnyside Ridge Trail Segment project No. 018415 -Revised Scope Phase A Indemnitor(s) (list all names): Nick Sammadi 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 Nick Sammadi _ President Name Nick Sammadi _Secretary By: By: Its Its 52 NickSammadi From: RPV City <rpvpayments@rpvpay.com> Sent: Sunday, November 15,2015 11:21 PM To: nicksammadi@gmail.com;janel@rpvca.gov; buslic@rpvca.gov Cc: cc@rpvpay.com Subject: Automated RPV Business License Information This is an automatic email from City of Rancho Palos Verdes confirming your basic information entered on our form. If any of this information is incorrect,please visit http://rpvpay.com/and enter the correct form information. Thank you! APPLICATION INFORMATION Tax Calculation 5 -For General Contractors First Name: Nick Last Name: Sammadi Business Name: Concept Consultant, Inc. Business Address: 1220 Manning Ave. # 13 Business City: Los Angeles Business State: CA Business ZIP: 90024 Mailing Address: 2355 Westwood Blvd. # 901 Mailing City: Los Angeles Mailing State: CA Mailing ZIP: 90064 Business Phone: 3104398516 SS#or Tax ID: 300574835 Email Address: nicksammadi@gmail.com Business Classification: Corporation Other(Classification): Business Owner Name:Nick Sammadi Business Description: General Contractor Payment Method: Credit Card Contractor Number: 982335 Expiration Date: 03/31/2016 BUSINESS LICENSE TAX CALCULATIONS la) Is this a renewal or new license?:New License If la)=New License,date business began operating during current tax year: 12/01/2015 Annual Tax: $91.75 Add Late Fee: (5%per month, 50%maximum): $0.00 Add Fee: (State Law): $1.00 Total Business License Tax: $92.75 1