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CC SR 20160202 H - Hawthorne Blvd ROW Beautification Project
CITY OF tARANCHO PALOS VERDES MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: MICHAEL THRONE, PE, DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 2, 2016 SUBJECT: CONSIDER AWARD OF A CONSTRUCTION CONTRACT FOR THE HAWTHORNE BOULEVARD RIGHT-OF-WAY BEAUTIFICATION PROJECT REVIEWED: DOUG WILLMORE, CITY MANAGER(/` Project Manager: Ron Dragoo, Principal Engin RECOMMENDATIONS 1. Approve the design of the Hawthorne Boulevard Right of Way Beautification project; 2. Award a construction contract to STL Landscape, Inc. in the amount of $140,000.00 for planting, watering and care of eighty (80) trees in the median along Hawthorne Boulevard and authorize Staff to use up to an additional $10,000 (about 7%) for a project contingency; and, 3. Authorize the Mayor and City Clerk to execute the agreement, pending City Attorney's approval of the agreement as to form. FISCAL IMPACT Budgeted Amount: $150,000 Encumbered to Date: $ 0 Construction Contract $140,000 Contingency $ 10,000 Fund Balance $ 0 Account Number: 330-3031-461-73-00 Funding has been appropriated for the design and construction of the project. 1 BACKGROUND/DISCUSSION The City Council requested improvements be performed along Hawthorne Blvd to include cleaning the existing median paving, planting trees, removing fencing in the Right of Way near the intersection of Indian Peak and Hawthorne Blvd with a recommended budget of $150,000. Staff developed a plan and sought proposals from contractors which were higher than the available budget and rejected by City Council in November 2015. Staff was asked to modify and rebid the project. The revised project will install eighty (80) trees in the existing median openings along Hawthorne Blvd. and provide watering for a 12 -month period following installation. Bids were received and opened on January 14, 2016. The bid results are shown below: CONTRACTOR BID AMOUNT SLT Landscape, Inc $140,000 United Construction & Landscape $219,219.40 Mariposa Landscapes, Inc. $428,694 Engineer's Estimate of Cost $132,000 The bids were reviewed for consistency with bid requirements and SLT Landscape, Inc. is the lowest, responsive, responsible bidder. SLT Landscape has worked on similar projects in the past with satisfactory results. The bid documents are in order and their contractor's license is current. SLT Landscape appears to have the skills to perform the required installation of the trees and follow-up watering of the trees during the plant establishment period. The project has been determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Categorical Exemption Class 1 -Section 15301 (Existing Facilities) City Staff will provide construction management and inspection for this project. The contractor will install trees that are well suited for the arid Southern California climate, and they are required to be planted with a deep watering system to facilitate deep root growth and minimize root damage to roads and curbs. They were selected so their maximum height will not adversely affect views. Planting the appropriate tree at the appropriate location to eliminate view impacts was a primary consideration in developing the planting scheme for this project. Accordingly the maximum height the trees will reach varies from 15 feet to approximately 40 feet. Two varieties of trees from each height class will be installed at random order to help minimize a uniform corridor appearance. Trees to be planted include: Bronze Loquat, Photinia Fraseri, New Zealand Christmas Tree, Cajeput Tree, and Lophostemon Confertus trees (see Attachment B — Photos of Trees). The specifications also call for watering during the first twelve (12) months of plant establishment, and recycled water will be used to irrigate these trees. 2 CONCLUSION Awarding a construction contract to SLT Landscape, Inc. will allow the installation of trees in the Hawthorne Boulevard medians which is the first step towards beautifying the corridor. ALTERNATIVES This project will install a variety of trees in the existing median openings along Hawthorne Boulevard. Alternatives to staff's recommendation are: A) Reject all bids. B) Direct staff to re -scope the project to include the larger scale beautification project and move the project to the unfunded CIP so the entire beautification can be considered at a future time when funding is available. Attachments: A. Construction Agreement (Page A - 4) B. Photos of Trees (Page B - 45) K, Attachment A Construction Agreement (Sample Contract and Proposal) CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT HAWTHORNE BLVD. RIGHT OF WAY BEAUTIFICATION PROJECT THIS AGREEMENT ("Agreement") is made and entered this 211 day of February, 2016, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and SILT Landscape, Inc. ("Contractor"). Contractor's license number is 956281. In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 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 HAWTHORNE BLVD. RIGHT OF WAY BEAUTIFICATION ("Project"), as described in this Agreement and in the Bid Documents (including the Notice Inviting Sealed Bids, the Instructions to Bidders, the General Provisions, the Special Provisions, the Proposal, Appendices I AND II, and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents), which are on file with the Department of Public Works and incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be performed in accordance with the latest edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook"), including supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California (collectively "Standard Specifications"), which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. 2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for under written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 4. Time. Time is of the essence in this Agreement. 5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such 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. EMU 6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of One Hundred Forty Thousand Dollars ($140,000.00) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit "A" and incorporated herein by this reference. 7. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However, progress payments shall not be made in excess of ninety-five percent (95%) of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold not less than five percent (5%) of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent (50%) of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual work completed. 8. Substitute Security. a) At the written request and expense of Contractor, securities equivalent to any moneys withheld by the City to ensure performance under this Agreement shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to Contractor. b) Alternatively, Contractor may request that the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this Section. C) Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City mutually agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. 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 M mandatory details are provided in Public Contract Code Section 22300(d), which is incorporated herein by this reference. e) The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f), which is incorporated herein by this reference. 9. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit "B." 10. Audit. The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement. 11. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in Contractor's cost of or time required for performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City") shall govern the procedures of the claim process, and these provisions are incorporated herein by this reference. 12. Default and Remedies. Default shall consist of any failure by the Contractor to perform under this Agreement or written amendments thereto or any breach of any covenant, agreement, provision or warranty provided by the Contractor as a part of this Agreement. Actions which constitute a default include, but are not limited to: (1) failure to submit to the City reports which are required pursuant to this Agreement or the submission of required reports that are incorrect or incomplete; (2) submission of requests for payment or reimbursement of amounts that are incorrect or incomplete; (3) the failure of Contractor to accept any additional conditions which may be required by law, by executive order, by regulation or by other policy announced by the City, the state or any federal agency; or (4) failure to perform any activity required by this Agreement. Om Upon occurrence of any default, the City shall advise Contractor in writing of the action constituting the default, and specify the actions that must be taken to cure the default. The City may suspend payment under the Agreement. If Contractor does not cure the default within thirty (30) days of receipt of written notice from the City, the City may continue the suspension or, by written notice of termination, may terminate this Agreement. Notwithstanding the above, Contractor shall not be relieved of liability to the City for damage sustained by the City by virtue of any default or breach of the Agreement, and the City may deduct the amount of damages from any outstanding payments to Contractor or may withhold payments until such time as the exact amount of the damages is determined. 13. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination as determined by the City, and such payment shall be in full satisfaction of all services rendered hereunder. 14. Indemnity. a) Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, proceedings, suits, losses, bid protests, stop notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of or incident to any act, failure to act, error or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising out of the Agreement, including without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). Further, Contractor shall appoint competent defense counsel approved by the City Attorney at Contractor's own cost, expense and risk, to defend any and all such Claims that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such Claim. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable. b) Bid Protests. In addition to its obligations pursuant to Section 13(a), Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. • C) Civil Code Exception. Nothing in Section 13(a) shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code section 2782(a) or the City's active negligence to the limited extent that the underlying Agreement is subject to Civil Code section 2782(b). d) Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. e) Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. f) Survival. The provisions of this Section 13 shall survive the termination of this Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 15. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 16. Record -Keeping and Reporting. a) Records to be Kept. Certified payroll document documents shall be kept and maintained by the contractor for a period of three years. Record drawings shall be kept during construction by the contractor and presented to the City prior to project close out. b) Documentation of Costs. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, orders or other accounting documents. All documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. C) Inspection of Records. At any time during normal business hours and as often as City may deem necessary, the Contractor shall make available to any of these entities for examination all of its records, with respect to all matters covered by this Agreement, and will permit any of these entities to audit, examine and make Ow excerpts or transcripts from such records, including contracts, invoices, materials, payrolls, records of personnel, conditions of employment and any other data relating to matters covered by this Agreement. 17. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 18. Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any: material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; subsurface or latent physical conditions at the site differing from those indicated; or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The City shall promptly investigate the conditions, and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor's cost of or the time required for performance of any part of the work, the City shall issue a change order. 19. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. 20. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. 21. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except 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 A-10 independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 22. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's work. 23. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under- take self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 24. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by this reference. 25. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 26. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. 27. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement. 28. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. The required forms entitled Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. Contractor shall also obtain a one-year warranty bond in an amount that is not less than the total compensation amount of this Agreement and in a form approved by the City Attorney and shall deliver A-11 this bond to the City before the City's acceptance of the project; alternatively, the Contractor shall submit written evidence from the surety of an extension to its performance bond, to be effective for a year after acceptance by the City, and shall submit this extension before the City's acceptance of the Project. 29. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor nor its personnel have been convicted of a felony. 30. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Contractor "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. 31. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third -party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice. 32. Non -Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without the City's prior written consent. Any purported assignment without written consent shall be null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. 33. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 34. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 35. Authority. The person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 36. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, A-12 nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 37. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 38. Non -waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 39. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONTRACTOR: The address listed in Exhibit "A." 40. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 41. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 42. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. A-13 43. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement, including those governing the funds provided under this Agreement. 44. Ownership of Documents and Work Product. a) All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to this paragraph. b) CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. C) Upon termination, abandonment or suspension of the Project, the CONSULTANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. A-14 45. Amendment. The City or Contractor may only modify or amend this Agreement or any provision herein in a writing signed by both parties which expressly refers to this Agreement. The City may, at its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amount, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as a part of this Agreement, such modifications will be incorporated only by written amendments signed by both the City and Contractor. [signatures on next page] A-15 IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. ATTEST: go CITY OF RANCHO PALOS VERDES Mayor APPROVED AS TO FORM: By: City Clerk City Attorney Dated: SILT Landscape, Inc. ("CONTRACTOR") By: Printed Name: Title: If sole proprietor only one signature is required In Printed Name: Title: A-16 EXHIBIT A CONTRACTOR'S PROPOSAL A-17 PROPOSAL CITY OF RANCHO PALOS VERDES HAWTHORNE BLVD. RIGHT OF WAY BEAUTIFICATION PROJECT TO THE DIRECTOR OF PUBLIC WORKS, CITY OF RANCHO PALOS VERDES: The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein; (2) bidder has carefully examined the project plans, specifications, instructions to bidders, proposal, notice to contractors and all other information furnished therefore and the site of the proposed work; (3) bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the CITY OF RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans, if any, and the terms of the specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said specifications, for the following stated unit prices or lump -sum price as submitted on the Schedule attached hereto: The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. Accompanying this proposal is Bid Bond (Insert) "$ `cash," "Cashier's Check," "certified check," or "Bid Bond," as the case may be) in the amount equal to at least ten percent (10%) of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Schedule. The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter, defaults in executing the required contract, with necessary bonds and documents, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void. The undersigned certifies to have a minimum of five (5) consecutive years of current experience in the type of Work related to this Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work and further certifies to have been so licensed for the five (5) years immediately preceding the date of receipt of Bids. The undersigned possesses California Contractor's License Number _9513281 Class ,_f,2,7;Avhi xpires on 1/31/17 -- - - -- 4 Signature(s) of bidder: ciand l_roera, President`-rrum4eL;)ffan Patterson Secretary/ _ I= • If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof. Two notarized officer's signatures and the corporate seal are required for corporations. Legal Business Name: STL Landscape, Inc. (A Corporation) Address: 8122 Compton Avenue Telephone: 323-581-8155 Contact: Dan Patterson Proposals which do not show the Contractor's License Number and expiration date of the Bidder's License under the provisions of Chapter 9 of Division 3 of the Business & Professional Code will be rejected. Bid Date 1/14/16 This information must include all construction work undertaken in the State of California by the bidder and partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporate or individual bidder. The bidder may attach any additional information or explanation of data which bidder would like to be taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. I ►J A-19 CITY OF RANCHO PALOS VERDES BID SHEET HAWTHORNE BLVD. RIGHT OF WAY BEAUTIFICATION PROJECT Bidder's Name: STL Landscape, Inc. To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials, equipment and supplies for the project identified as HAWTHORNE BLVD. RIGHT OF WAY BEAUTIFICATION (PHASE 1) PROJECT in accordance with the specifications and plans for demolition, construction and installation in the Contract Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices: LUMP SUM ITEMS SHALL INCLUDE PROVIDING AND INSTALLATION OF ALL COMPONENTS STIPULATED WITHIN THE CONTRACT DOCUMENTS AND NECESSARY INCIDENTALS TO FACILITATE PROVIDING SAID COMPONENTS. SURVEY, GRADING, AND BMPS SHALL BE CONSIDERED INCLUDED IN THE INDIVIDUAL BID ITEMS. NO ADDITIONAL PAYMENTS WILL BE MADE. The quantities reflected on the plans and in the bid -sheets are representative of the amount of work for each item on the project, but are not final quantities to be used for computing payment. Payment will be based on the measurement of actual work completed. The contractor must notify in writing to the project manager of all discrepancies between actual bid quantities and those shown in the bid document prior to commencement of work in any area of the project, P-3 A-20 BID SCHEDULE Item No Description TRAFFIC CONTROL PLAN Estimated Quantity Unit Meas. Unit Price Extended Amount 10,000 1 1 LS 10,000 2 BEST MANAGEMENT PRACTICES 1 LS 2,000 2,000 3 INSTALLATION OF TYPE A TREES 41 EA $1,390 $56,990 4 INSTALLATION OF TYPE B TREES 32 EA $1,390 0 $44-00 5 INSTALLATION OF TYPE C TREES 7 EA 0,738 6 WATERING TREES DURING ESTABLISHMENT 12 Month $1,400 $16,800 TOTAL BID SCHEDULE $140,000 TOTAL BASE BID SCHEDULE IN NUMBERS: $ 140,000 TOTAL BASE BID SCHEDULE IN WORDS: One Hundred Forty Thousand 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 provision for at -risk youth employment per specification and grafi 'equirements, P-4 A-21 INFORMATION REQUIRED OF BIDDER Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder's name: STL Landscape, 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) (4) (5) (6) (7) N/A Business address: 8122 Compton Avenue, Los Angeles, Ca 90001 Telephone: 323-581-8200 Facsimile: 323-681-815 Type of firm - Individual, Partnership, LLC or Corporation: _ Cor Corporation organized under the laws of the state of: California California State Contractor's License Number and Class: 956281 ration (8) DIR Contractor Registration Number: �_ _10000102.17_— (9) List the name and title of the person(s) who inspected the site of the proposed Work for your firm: Dan Patterson, Secretary (10) Number of years' experience the company has as a contractor in construction work: 5 (1 1) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Proposal: STL Landscape, Inc. (A California Corporation) 8122 Compton Avenue, Los Angeles, Ca 90001 323-581-8200 Feliciano Loera (President/Treas), Sergio Lopez (Vice President), Dan Patterson (Secretary) List at least three similar projects completed as of recent date: Contract Amount Class of Work Date Completed Name, Address of Owner, & Telephone No. $2.6 Mill A/C27 10/15 Frank Borges,City of Laguna Niguel, 949-362- $500K A/C27 A/C27 12/15 Paul Cramner, City of Claremont, 909-399-543 Moe Izadpanah, Caltrans, 626-572-6735 Ext 2 $500K 10/15 (12) NOTE: Upon request of the CITY, the bidder shall furnish evidence showing a notarized P-5 325 S 76 A-22 financial statement, financial data, construction experience, or other information. (13) "Bidder shall be properly licensed at the time of bid submission or the bid shall be considered non-responsive and shall be rejected." A-23 REFERENCES For all public agency projects in excess of $300,000 you are currently working on or have worked on in the past five (5) years, provide the following information: Project I Name/ Number _ Runoff Elimination Program for Crown Valley Parkway Medians /CC12-03 Project Description Median Lan dsca e" r�_oyements Approximate Construction Dates From: 3115 To: _ 10/15 _ Agency Name: City of Laguna Niguel Contact Person: Frank Borges Telephone: 949-362-4337_ Address: 30111 Crown Valley Parkway, Laguna Niguel, Ca 92677 Original Contract Amount: $ 2,250,000 Final Contract Amount: $ 2,750,000 If final amount is different from original amount, please explain (change orders, extra work, etc.) Additional Planting Did you file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 2 Name/ Number Shelton Park/CIP2015-7 Project Description Landscape at Park Approximate Construction Dates From: 10/15 To: 1/16 Agency Name: City of Claremont Contact Person: Paul Cramner Telephone: _ 909 399-5433 Address: 207 Harvard Avenue Claremont, Ca 91711 P-7 A-24 Original Contract Amount: $ 320,000 Final Contract Amount: $ $320,000 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 (No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 3 Name/ Number Project Description Caltrans Highway Planting Projects/ 07-A2994, 07-A3218, & 07-A3214 Hiahwav Tree Planti Approximate Construction Dates Agency Name: Caltrans From: 1/12 To: 1 /14 Contact Person: _ _ Moe Izadpanah _ Telephone: 626-572-6735 Address: EI Monte Construction Field Office 3212 Rosemead Blvd #100, EI Monte, Ca 91731 Original Contract Amount: $. $480K Final Contract Amount: $ $480K If final amount is different from original amount, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Circle one: Yes (No� Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. P-8 A-25 Project 4 Name/ Number Mt Vernon Median Improvments/No Contract No. Project Description Median Improvements Approximate Construction Dates From: 1/15 To: _3/15 Agency Name: City of Bakersfield Contact Person: Jesse Aruejo Telephone: 661-326-3263 Address: 1600 No. Truxton Avenue, Bakersfield 93301 Original Contract Amount: $ $388,000 Final Contract Amount: $ $388,000 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 Nq. 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 5 Name/ Number Citywide Tree Planting Project No. 11-04 Project Description Citywide Tree Planting Approximate Construction Dates From: 4/11 To: 5/11 Agency Name: City of Costa Mesa Contact Person: Jim Ortiz Telephone: 714-327-7490, ._ Address: 77 Fair Drive Costa Mesa Ca 92626 Original Contract Amount: $__ 120,000 Final Contract Amount: $-120,000 If final amount is different from original amount, please explain (change orders, extra work, etc.) ME, A-26 Did you file any claims against the Agency? Circle one: Yes N€i- Did the Agency file any claims against you? Circle one: Yes { i'D If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 6 Name/ Number Project Description Streetscape Approximate Construction Dates From: 1/14 To: 6/14 Agency Name: City of West Hollywood Contact Person: _ Donn Uyeno Telephone: 323-848-6457 Address: 8300 Santa Monica Blvd, West Hollywood Ca 90069 Original Contract Amount: $ 810.000 Final Contract Amount: $ 810,000 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 lJo If you answered yes to either of the above two questions, please explain and indicate outcome of claims. O A-27 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 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 P-11 • or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13 inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code 20103.5.- In 0103.5: 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.: 956281 Class: A/C10/C27/C31 Expiration Date: 1/31/17 Date: Signal P-12 A-29 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. P- 13 A - 30 STL Landscape, Inc. License No. 956281 A/C27 8122 Compton Avenue, Los Angeles, CA 90001 Phone (323) 581-8200 Fax (323) 581-8155 RESUME FOR SERGIO LOPEZ, QSP VICE PRESIDENT/FIELD SUPERINTENDENT Mr. Lopez has been in the Public Works Landscape Construction Industry for over twenty years. Mr. Lopez worked for twenty years at Belaire-West Landscape, Inc., (BWL) a reputable A/C -27 Licensed Contractor. Mr. Lopez has done several site development projects for the various public works agencies throughout Southern California while at BWL, including park construction projects. Mr. Lopez along with Dan Patterson, started STL Landscape, Inc. in November 2010 with the goals of using their vast experience and knowledge to not only benefit the municipalities of Southern California, but themselves. Mr. Lopez is an A -General Engineering Licensed Contractor and a Qualified Site Practitioner (QSP). Significant Projects by Sergio Lopez at STL Landscape, Inc. • City of Rolling Hills Estates — Highridge Park Improvements • Whittier Union HS District — Santa Fe and Pioneer HS — Landscape and Drainage Improvements • City of Buena Park — Calsense Controller Retrofit of all 16 Parks ■ City of Santa Ana — McFadden Rest Area Park Construction Significant Projects by Sergio Lopez at Belaire-West Landscape, Inc. • City of Corona — Citrus Park Construction • City of Orange — Handy Park Improvements County of Orange — Mile Square Park Soccer Field Concrete Improvements • City of Riverside — Orange Terrace Park Construction A-31 0 0 @ 0 $ �t: / \ � § § / •� % / � 0 4-- C: C: >,V)9V .gM00 \ k / ) /t§/ 0 0 \ ° » CD CU ?\ =oco � /\�20£ 00cn(n-0 / -0 L o o ° o m " -0 2 §®�03% f/ t£�z2/ �0�¥f2 0 =3 0 En 15 Q G S g £ _0 m Q £ % £ § E k / [ §�t.§/f 5 » -0 0 / k ��k70E G 0 M . G 2 a)�-0 0 @U0 0 0 & m @ G2'C:\§� 3mqƒtet §/\o/c « Wit) kE//= [ § / 0 / k E / \ / CL (D (n . u o _ c / £ G S 0 a 0 k -0 F 0U) CU / //f/ £0 2 " _0 o -.-;-o 0 2 § k o C: t /§mU) 7 § / § 2 § CL m _ f .E .$ .E -E / cu_` 25� cu §// -o . a + \ -G @_ CL � I e ... � � E 2 ( \ % @ k� < � 300 L) 22/2 .E 0 C :3 /��z ,E lu § mZ cu \��/ Q kzC: w (2 = % j % (u \\(U E a 2AM \ # V- 0 0 \ m m / \ 0 U U / 0 \ \ / a 10 0 a 0 / 0 V- 0 % / } CL % $ � m 0 / 0 / k CL CD R A -J2 \ a II L LO 0 N a: R t= C (0 N E N L f0 N E O N z m (0 m N Rf C Qj 6 C/ 5 F- C) A - 33 CD O O O O � O O O O 0 0 O OL7 O C) Li o O O N (rj 61) �O O O r O 00 O O O O N . N L7 EA O O N O r O O O O N N O O M C)LO N O O O N r cfr O O L) LO O O O N O Efl O C p " 0 O O CU U LO N n� N a 0 0 EA 0 w +J C C O y w-0 >' m >. C M M L A E.O U C N ` O 0 N O_ O ` r_ 0o 0 0 3 � 3aE rns O U E0 N y N O O •C C O > O V N y 42 O — O O> 0 0 N -Op U fn f0 O L N L N 'C N C L L 7 C N 7 N 4- C E E Z p I- u a Z rn Z L) �n m 12 Z L) - 4? a: R t= C (0 N E N L f0 N E O N z m (0 m N Rf C Qj 6 C/ 5 F- C) A - 33 Bond No. 6184 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: HAWTHORNE BLVD. RIGHT OF WAY BEAUTIFICATION (PHASE 1) PROJECT WHEREAS STL Landscape, Inc. 8122 Com ton Ave., Los Angel—es,-CA 1 (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 sccurity with their bid. NOW, THEREFORE, we, the undersigned Principal, and Merchants Bondln Company (Mutua P.O. WBOWX-7144w, Des o nes, (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, at Surety. are held and firmly bound unto the Public Agency in the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 101********** ), 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 bund ourselves, our heirs, executors. administrators, successors, and assigns, jointly and severally, finely by these presents. THE CONDITION OF T1i1S OBLIGATION IS SUC1.1 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 rewired by the bidding specifications, enters into the written form of contract included with bidding Specifications, furnishes the required bonds, one to guarantee faithful performance and the other to ,guarantee payment for labor and materials, and furnishes the required insurance coverage, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys` fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code 2845. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Suretv, on the date set forth below, the name of each torf+oratc party being hereto affixed and these presents duly P- 16 A - 34 signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: 1-11-2016 "Principal" STL Landscape, Inc. By: By: lts. (Seal) i "Surety" Merchants Bonding Company (Mutual) By: ,}) By: Les M. Mantle—Attorney in Fact Its: (Seal) Note: This bond must be dated, all signatures must be notarized. and evidence of the authority of any person. signing as attorney-in-fact must be attached. P- 17 A - 35 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL C $ 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 Omar► e ) On 1- before me, Mary Martignoni — Notary Public Date Here Insert Name and Title of the Officer personally appeared _ Les M. Mantle Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person' whose name is,ir4 subscribed to the within instrument and acknowledged to me that heN�� executed the same in tZis7M,Wt*efr authorized eapacity�), and that by his7hye�rAbajr signatureb4on the instrument the person or the entity upon behalf of which the persor?o acted, executed the instrument. MARY MARTIGNONI m COMM. # 2123099 .. NOTA"Y PUBLIC - CALIFORNIA ORANGE COUNTY MY COMM, EXPIRES SEPT 9, 2p19 Place Notary Seal Above 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. Signatur''�ac SignatAJf Notary Public 941 OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Les_ M. Mantle _ ❑ Corporate Officer — Title(s): , ❑ Partner — ❑ Limited ❑ General ❑ Individual I Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Merchants -Bonding` Company (Mutual) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 A - 36 `q MERCHANT,, BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the -Companies") do hereby make, constitute and appoint, individually, Les M Mantle their true and lawful Attomey(s)-in-Fact, to make, execute. seal and deliver on behalf of the Companies, as Surely, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TNYENTN' MILLION ($20,000,000.00) DOLLARS This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23- 2011 and adopted by the Board of Directors of Merchants National Bonding. Inc., on October 24, 2011. "The President. Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint -Attorneys -in -Fact. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates an engineering and constfuction contracts required by the Slate of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surely company of any of its obligations under its bond In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -In -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof. the STATE OF IOWA Companies have caused this nw4.lrhr IU1120o C) .ti( instrument to be signed and sealed this 15th day of August . 2015 .•' v!,R'G Coy,••. 3 $•• 1933 ; MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. COUNTY OF Dallas ss. '" ` President On this 15th day of August . 2015 . before me appeared Larry Taylor, to me personally known. who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. a.F4'L4;.S WENDY WOODY a r3 i Comm ssion Numbei 784654 l : My Comm ssion Expires 'a' June 20. ?b'a Notary Pubfr , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I. William Warner, Jr.. Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on thislltbday of January, 2,016 l.....I% • • • i - �. �++ _• 4 !�• Secretary r-; 2 03 '��_ •_ 1933Ac. POA 0014 (6/15) ylls'"4�+.,..l,.��+ +4, • •. 8 * 0 6 0 A-37 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On January 13, 2016 before me, Ivonne Loera-Khatib, Notary Public (insert name and title of the officer) personally appeared I-/)Gcyl Patter's dh who proved to me on the basis of satisfactory evidence to be the person(,$) whose name($) is/are.— subscribed to the within instrument and acknowledged to me that he/sheftey executed the same in his/4ef<ftl'telr authorized capacity(aes}, and that by hislhe4their signature(s} on the instrument the person(sj; or the entity upon behalf of which the person(e) 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. Si �2 (Seal) IVONNE LOERA-KHATIB Commission # 2028598 (amy �Notary Public -CaliorniaxLos Angeles County Comm. Expires Jun 11, 2017 • 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 January 13, 2016 before me, Ivonne Loera-Khatib, Notary Public (insert name and title of the officer) personally appeared F/ 1 C/ A i 0 G'O� t who proved to me on the basis of satisfactory evidence to be the person,* whose namo&) islare-- subscribed to the within instrument and acknowledged to me that hels��xecuted the same in his/authorized capacity4ieo, and that by his/hertheir signatures) on the instrument the persono, or the entity upon behalf of which the person(a)-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. commission # 2028598 lit IVONNE LOERA-KHATIB Notary Public - California n Z Los Angeles County My Comm. Expires Jun 11, 201 7 Signature (Seal) A - 39 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 January 13, 2016 before me, Ivonne Loera-Khatib, Notary Public (insert name and title of the officer) personally appeared Dan Patterson who proved to me on the basis of satisfactory evidence to be the person(s) whose nameW Wafer— subscribed to the within instrument and acknowledged to me that he/shefttyey executed the same in his/her/their authorized capacity(ies , and that by tris/#eFA-f,eir 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. Signature (Seal) IVONNE LOERA-KHATIB Commission #2028598 _ Notary Public - California z Z Los Angeles County D July Comm. Expires Jun 11, 2017 E"l NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code § 7106] State of California ) County of Los Angeles ) ss City of Los Angeles ) The undersigned declares: I am the Secretary of STL Landscape, 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 Califo is thF e foregoing is true and correct and that this declaration is executed on 11 Idatel. at Los Angeles___ __ _______[city], Calif Signature Subscribed and sworn to before me on (Notary Seal) Signature P-18 (Date) Notary Public A-41 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 Anqeles Subscribed and sworn to (or affirmed) before me on this 13th day of January 20 16 , by Dan Patterson proved to me on the basis of satisfactory evidence to be the pe a2 jUpeared before me. IVONNE LOERA-KHATIB oaf; Commission # 2028598 a " as, "' Notary Public - California z Los Angeles County My Comm. Expires Jun 11, 2017 u (Seal) Signatur A-42 ACKNOWLEDGMENT OF ADDENDA Bidder's Name: STL Landscape, Inc. The Bidder shall signify receipt of all Addenda here, if any: If there are more 'A/d`d da f 11 s room in the chart above, attach another page acknowledging rer/ipt dentia. Signature: Title: /Secretary Date: 1/13/16 NMI A-43 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: ❑ Sole partnership ❑ Partnership Ki Corporation ❑ Other: ❑ Nonprofit organization ❑ Franchise ❑ Limited Liability Corporation Z. Total number of employees In firm/organlzation, including owners: 22 3. Break down the total number of employees in your firm/organization into the following categories: Owners, Partners, and Associate Partners Race/Ethnicity Black / African-American Hispanic / Latino Asian-Amerlcan / Pacific Islander American Indian /Alaska Native Filipino American White Other Male Female Managers 2 1 4. indicate, by percentage, how ownership of the firm/organization is distributed: 2 1_ Asian- American Black / American / Indian / African- Hispanic / Pacific Alaskan Filipino - American Latino Islander Native American 'White Men Women 80 20 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 ❑ ❑ ❑ ❑ ___Not Applicable ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CJ P-20 Attachment B Photos of Trees FRASER PHOTINIA BRISBANE BOX CAJEPUT TREE NEW ZEALAND CHRISTMAS TREE BRONZE LOQUAT }