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ABNY General Engineering Inc RECORDING REUUESI1 D RY- .
City of Rancho Palos Verdes
WIZEN RECORDED MAII I(,
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CityClerk - 11.
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Name •$ "11{{1 11' °; 11Ii
City of Rancho Palos Verdes '..
Street
Address 30940 Hawthorne Blvd.
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city Rancho Palos Verdes -7;7,
State CA
Zip
90275
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--- - - - Space above this line for recorder's use —
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fURMS _1NCSINCE' 1893
NOTICE OF COMPLETION
t.
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 The City of Rancho Palos Verdes
3. The full address of the owner is_30940 Hawthorne Blvd,„Rancho Palos Verdes,CA 90275 . __
4. The nature of the interest or estate of the owner is: In fee.
- -- (it other than-lee--sirike'In tee'and insert.for example.'purcriaser under contract of purchase.'or'Lessee')
5. 1 he full names and full addresses of all persons,if any,who hold title with the undersigned as point 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 2Q.1 _ ___ ___.The work done was:
p P P Y P �el?r]�aryZ.Q.,_
ADA Access Improvements xe[Hesse_Park.Project_ -- ---------- - __-- --
B. The names of the contractor,if any,for such work of improvement was ABNY General Engineerixig, nc. _____ __.
- (If no contractor for IOT work of improvement as a whole.insert'None') ---(Date of Contract) -- - ——on which said work of improvement was completed is in the Cityof .Rancho_Palos_Verdes
9. The propertyP P - ---------Park
_ ---------
and is described as follows: Fred Hesse Community
County of Los_Angeles _, State of___CA___,
10. The street address of said property is 29301 Hawthorne Blvd,Rancho Palos Verdes, CA 90275_ _
(If no street address has been officially assigned,insert'none'.) -
Dated
(Signature of Owner or corporate officer of Owner named in paragraph 2.or his agent)
City of Rancho Palos Verdes
VERIFICATION
CityClerk the Declarant of the foregoing Notice of Completion:
I,the undersigned,say:I am the _ , 9 9 P
(President of,Manager of,Partner of,Owner of . .1
I have read said Notice of Completion and know the contents thereof;the .• :is true to my own knowledge. I declare under penalty of
perjury that the foregoing is true and correct.
on -__ - 20. .$ at _ Ranc, '_ erdes __-- , CA
Executed
3
(Personal signature of the dive al wh. ' n ng that the contents of the Notice of Completion are true)
Before you use this form, fill in all blanks, and make whatever chanes are approp . = • necessary
to your particular transaction.Consult a lawyer if you doubt the form s fitness for your purpose and use.
Wolcotts makes no representation or warranty, express or implied,with respect to the merchantability 7 67775 01114 2
or fitness of this form for an intended use or purpose. ®2005 WOLCOTTS FORMS,INC. t ORM 1 114 Rev 10-05
20180798150
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I
PUBLIC WORKS AGREEMENT
by and between
CITY OF RANCHO PALOS VERDES
and
ABNY GENERAL ENGINEERING,INC.
for
ADA ACCESS IMPROVEMENTS AT FRED HESSE PARK
PROJECT NO. 007817
01203.0006/379445.1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
ABNY GENERAL ENGINEERING, INC.
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein "Agreement") is made
and entered into this 20th day of June, 2017 by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation ("City") and ABNY GENERAL ENGINEERING,
INC., a California corporation ("Contractor"). City and Contractor are sometimes hereinafter
individually referred to as "Party" and hereinafter collectively referred to as the"Parties".
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement,was selected by the City
to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code,City has authority to
enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW,THEREFORE, in consideration of the mutual promises and covenants made
by the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged,the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement,the Contractor shall
provide those services specified in the "Scope of Work" attached hereto as Exhibit "A" and
incorporated herein by this reference, which may be referred to herein as the"services"or"work"
hereunder. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the work required under this Agreement in a thorough, competent, and
professional manner,and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all services described herein. Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be both of good quality as well as fit for the purpose intended. For purposes of this
01203.0006/379445.1
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the"General Provisions"and"Special Provisions"
in the bid documents for the project entitled ADA Access Improvements at Fred Hesse Park,
Project No. 007817, including any documents or exhibits referenced therein (collectively, "bid
documents"), all of which are incorporated herein by this reference. In the event of any
inconsistency between the terms of the bid documents and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services
hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental entity having jurisdiction in effect at the time
service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be
performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations ("DIR")
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the
extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of
the prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request.By initiating any work under this Agreement,Contractor acknowledges
receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing
rate of per diem wages, and Contractor shall post a copy of the same at each job site where work
is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. 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.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776,which requires Contractor and each subcontractor to:keep
01203.0006/379445.1 2
accurate payroll records and verify such records in writing under penalty of perjury, as specified
in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the
provisions of Labor Code Sections 1777.5, 1777.6,and 1777.7 and California Code of Regulations
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.
(f) Eight-Hour Work Day. 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.
(g) Penalties for Excess Hours. 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 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 eight (8)
hours per day,and forty(40)hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not less than one and one-half
(1Y2)times the basic rate of pay.
(h) Workers' Compensation. California Labor Code Sections 1860 and
3700 provide that every employer will be required to secure the payment of compensation to its
employees if it has employees.In accordance with the provisions of California Labor Code Section
1861, Contractor 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."
Contractor's Authorized Initials 5
(i) Contractor's Responsibility for Subcontractors. For every
subcontractor who will perform work under this Agreement, Contractor shall be responsible for
such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section
1720)of the California Labor Code,and shall make such compliance a requirement in any contract
01203.0006/379445.1 3
with any subcontractor for work under this Agreement. Contractor shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or 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 such failure by any subcontractor.
1.5 Licenses,Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits,
registrations,and approvals as may be required by law for the performance of the services required
by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are
necessary for the Contractor's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor
(i)has thoroughly investigated and considered the scope of work to be performed,(ii)has carefully
considered how the services should be performed, and (iii) fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement. If the
services involve work upon any site, Contractor warrants that Contractor has or will investigate
the site and is or will be fully acquainted with the conditions there existing,prior to commencement
of services hereunder.
(b) Contractor shall promptly, and before the following conditions are
disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous
waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class
I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent
conditions, materially different from those indicated; or (iii) unknown physical conditions at the
site of any unusual nature, different from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in this Agreement, and will materially affect the
performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it 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, shall issue a
change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor
whether the conditions materially differ, or 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 set,but shall proceed with all
work to be performed under the Agreement. Contractor shall retain any and all rights provided
01203.0006/379445.1 4
•
either by contract or by law, which pertain to the resolution of disputes and protests between the
contracting parties.
(e) City will compensate Contractor to the extent required by
Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and
maintaining storage facilities, during the life of the Agreement to furnish continuous protection to
the work,and the equipment,materials,papers,documents,plans,studies and/or other components
thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or
property,until acceptance of the work by City, except such losses or damages as caused by City's
own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall
not,without City's consent,assign, sell,mortgage,hypothecate,or remove equipment or materials
which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and any
non-conforming materials incorporated into the work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one year(or
the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided
by any manufacturer or supplier of equipment or materials incorporated into the work, whichever
is later)after the date of final acceptance,Contractor shall within ten(10)days after being notified
in writing by the City of any defect in the work or non-conformance of the work to the Agreement,
commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty
at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an
emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace
any portions of the work (or work of other contractors) damaged by its defective work or which
becomes damaged in the course of repairing or replacing defective work. For any work so
corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions,
including,without limitation,redesign, repairs,and replacements comply with the requirements of
the Agreement. All costs associated with such corrective actions and testing, including the
removal,replacement,and reinstitution of equipment and materials necessary to gain access, shall
be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors,
suppliers and manufacturers with respect to any portion of the work, whether express or implied,
are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not
such warranties and guarantees have been transferred or assigned to the City by separate agreement
and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. In the event that Contractor fails to perform its obligations under this Section, or under any
other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the
City shall have the right to correct and replace any defective or non-conforming work and any
work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
01203.0006/379445.1 5
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement.Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Work or make changes by altering,adding to or deducting from said work.No such extra
work may be undertaken unless a written change order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor("Change Order"). All Change Orders must be signed by the Contractor and Contract
Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one
hundred eighty(180)days; and does not materially affect the Work and which are not detrimental
to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater
increases,taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit"C". If the rates in
the Schedule of Compensation do not cover the type of work in the Change Order,the cost of such
work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract
Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work
of the Change Order completed,to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is
done. The use of labor classifications that would increase the cost of such work shall not be
permitted.
(ii) Materials and Equipment: the cost of materials and
equipment shall be at cost to Contractor or lowest current price which such materials and
equipment are reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the
Contractor must provide a daily report that includes invoices for labor, materials and equipment
costs for the work under the Change Order.The daily report must include: list of names of workers,
classifications, and hours worked; description and list of quantities of materials used; type of
01203.0006/379445.1 6
equipment, size, identification number, and hours of operation, including loading and
transportation,if applicable;description of other City authorized services and expenditures in such
detail as the City may require. Failure to submit a daily report by the close of the next working day
may, at the City's sole and absolute discretion,waive the Contractor's rights for that day.
(d) It is expressly understood by Contractor that the provisions of this
Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope
of Work may be more costly or time consuming than Contractor anticipates and that Contractor
shall not be entitled to additional compensation therefor. City may in its sole and absolute
discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part
hereof are set forth in the"Special Requirements"attached hereto as Exhibit"B"and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any
other provisions of this Agreement,the provisions of Exhibit"B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement,City agrees to pay Contractor
the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses,shall not exceed Three Hundred Sixty-Seven Thousand Four Hundred Sixty Dollars
and Ninety Cents ($367,460.90) (the "Contract Sum"), unless additional compensation is
approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon
completion, (ii)payment in accordance with specified tasks or the percentage of completion of the
services less the contract retention;, (iii) payment for time and materials based upon the
Contractor's rates as specified in the Schedule of Compensation, provided that (a)time estimates
are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the
Contract Sum is not exceeded; or(iv) such other methods as may be specified in the Schedule of
Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures
for reproduction costs,telephone expenses, and travel expenses approved by the Contract Officer
in advance,or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
01203.0006/379445.1 7
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Contractor is required to attend additional meetings to facilitate such coordination,Contractor shall
not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month in a form approved by City's
Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is
certifying compliance with all provisions of the Agreement. The invoice shall detail charges for
all necessary and actual expenses by the following categories: labor (by sub-category), travel,
materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be
detailed by such categories. Contractor shall not invoice City for any duplicate services performed
by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by
the Contractor to determine whether the work performed and expenses incurred are in compliance
with the provisions of this Agreement. Except as to any charges for work performed or expenses
incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause
Contractor to be paid within thirty (30) days of receipt of Contractor's correct and undisputed
invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event that City
does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and
properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent
allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Contractor, not later than seven
(7) days after receipt by the City, for correction and resubmission. Returned invoices shall be
accompanied by a document setting forth in writing the reasons why the payment request was
rejected. Review and payment by the City of any invoice provided by the Contractor shall not
constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of
a written notice to proceed and shall perform all services within the time period(s) established in
01203.0006/379445.1 8
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Contractor, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty(180) days cumulatively.
3.3 Force Majeure.
The time period(s)specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including,but not restricted to,acts of God or of the public enemy,unusually severe weather,fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation,and/or acts of any governmental agency,including the City,if the Contractor shall within
ten (10) days of the commencement of such delay notify the Contract Officer in writing of the
causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified.The Contract Officer's determination shall
be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled
to recover damages against the City for any delay in the performance of this Agreement,however
caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor's work under this
Agreement, either during performance or when completed. City shall reject or finally accept
Contractor's work within forty-five (45) days after submitted to City. City shall accept work by a
timely written acceptance, otherwise work shall be deemed to have been rejected. City's
acceptance shall be conclusive as to such work except with respect to latent defects,fraud and such
gross mistakes as to amount to fraud.Acceptance of any work by City shall not constitute a waiver
of any of the provisions of this Agreement including,but not limited to,Articles 1 and 5,pertaining
to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding
one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit"D").
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor ("Principals") are hereby designated as
being the principals and representatives of Contractor authorized to act in its behalf with respect
to the work specified herein and make all decisions in connection therewith:
01203.0006/379445.1 9
Sam Wahba President
(Name) (Title)
It is expressly understood that the experience,knowledge,capability and reputation
of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement,the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City. Additionally, Contractor shall make every reasonable effort to maintain
the stability and continuity of Contractor's staff and subcontractors, if any, assigned to perform
the services required under this Agreement. Contractor shall notify City of any changes in
Contractor's staff and subcontractors, if any, assigned to perform the services required under this
Agreement,prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Contractor shall not at any time or in any manner represent
that Contractor or any of Contractor's officers, employees, or agents are in any manner officials,
officers, employees or agents of City. Neither Contractor, nor any of Contractor's officers,
employees or agents, shall obtain any rights to retirement, health care or any other benefits which
may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo, Principal Engineer, or Terry Rodrigue,
Director of Public Works or such person as may be designated by the City Manager. It shall be the
Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of
the performance of the services and the Contractor shall refer any decisions which must be made
by City to the Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have
authority, if specified in writing by the City Manager, to sign all documents on behalf of the City
required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner,
mode or means by which Contractor,its agents or employees,perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Contractor's employees, servants, representatives or agents, or in fixing
01203.0006/379445.1 10
their number, compensation or hours of service. Contractor shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Contractor shall
not at any time or in any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or be deemed to be a
partner of Contractor in its business or otherwise or a joint venturer or a member of any joint
enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. All subcontractors shall
obtain,at its or Contractor's expense,such licenses,permits,registrations and approvals(including
from the City) as may be required by law for the performance of any services or work under this
Agreement. In addition, neither this Agreement nor any interest herein may be transferred,
assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for
the benefit of creditors or otherwise,without the prior written approval of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more
than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all
transfers into account on a cumulative basis. In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release the Contractor or any surety of Contractor of any liability hereunder without the express
consent of City.
ARTICLE 5. INSURANCE,INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form
and content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form
CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per
occurrence basis for bodily injury, personal injury and property damage. The policy of insurance
shall be in an amount not less than $1,000,000 per occurrence or if a general aggregate limit is
used,then the general aggregate limit shall be twice the occurrence limit.
(b) Workers Compensation Insurance. A policy of workers
compensation insurance in such amount as will fully comply with the laws of the State of
California and which shall indemnify, insure and provide legal defense for the Contractor against
any loss, claim or damage arising from any injuries or occupational diseases occurring to any
worker employed by or any persons retained by the Contractor in the course of carrying out the
work or services contemplated in this Agreement.
01203.0006/379445.1 11
•
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any
auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability
insurance written on a per occurrence for bodily injury and property damage in an amount not less
than $1,000,000. Said policy shall include coverage for owned, non-owned, leased,hired cars and
any automobile.
(d) Professional Liability.Professional liability insurance appropriate to
the Contractor's profession. This coverage may be written on a "claims made" basis, and must
include coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Contractor's services or the termination of this
Agreement. During this additional 5-year period, Contractor shall annually and upon request of
the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be
required in the Special Requirements in Exhibit"B".
(f) Subcontractors. Contractor shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name
the City, its elected and appointed officers, employees and agents as additional insureds and any
insurance maintained by City or its officers, employees or agents may apply in excess of, and not
contribute with Contractor's insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. Moreover, the insurance policy must specify that where the primary
insured does not satisfy the self-insured retention, any additional insured may satisfy the self-
insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty(30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of insurance
are cancelled,the Contractor shall,prior to the cancellation date,submit new evidence of insurance
in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete,certified
copies of and endorsements to all required insurance policies at any time. Any failure to comply
with the reporting or other provisions of the policies including breaches or warranties shall not
affect coverage provided to City.
01203.0006/379445.1 12
•
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following"cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] lAi
Agent's Initials
City, its respective elected and appointed officers, directors, officials, employees,
agents and volunteers are to be covered as additional insureds as respects: liability arising out of
activities Contractor performs;products and completed operations of Contractor;premises owned,
occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by
Contractor. The coverage shall contain no special limitations on the scope of protection afforded
to City, and their respective elected and appointed officers, officials, employees or volunteers.
Contractor's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by
City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects City or its respective elected or appointed officers, officials,
employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration, defense expenses and claims. The Contractor
agrees that the requirement to provide insurance shall not be construed as limiting in any way the
extent to which the Contractor may be held responsible for the payment of damages to any persons
or property resulting from the Contractor's activities or the activities of any person or persons for
which the Contractor is otherwise responsible nor shall it limit the Contractor's indemnification
liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Contractor and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Contractor is required
to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to
City.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and
hold harmless the City, its officers,employees and agents("Indemnified Parties")against,and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
01203.0006/379445.1 13
connection with the negligent performance of the work, operations or activities provided herein of
Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Contractor is legally liable("indemnitors"),or arising from Contractor's or indemnitors'
reckless or willful misconduct,or arising from Contractor's or indemnitors' negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys' fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the
Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights,
copyrights or trademark on any person or persons in consequence of the use by the Indemnified
Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor
is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors
and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore,
and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Contractor in the performance of professional
services and work hereunder. The provisions of this Section do not apply to claims or liabilities
occurring as a result of City's sole negligence or willful acts or omissions, but,to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Contractor and shall survive
termination of this Agreement.
01203.0006/379445.1 14
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating
to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable
costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City,
the following:
(a) A performance bond in the amount of the Contract Sum of this
Agreement, in the form provided by the City Clerk,which secures the faithful performance of this
Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of
this Agreement, in the form provided by the City Clerk, which secures the payment of all persons
furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain
the original notarized signature of an authorized officer of the surety and affixed thereto shall be a
certified and current copy of his power of attorney. The bond shall be unconditional and remain in
force during the entire term of the Agreement and shall be null and void only if the Contractor
promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and
materials for work and services under this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued
by companies qualified to do business in California, rated"A" or better in the most recent edition
of Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more
than 3 years duration, or in the event the Risk Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk
Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300,substitution of eligible equivalent
securities for any funds withheld to ensure performance under this Agreement may be permitted
at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to
an escrow agreement in a form prescribed by Public Contract Code Section 22300, request
payment of retentions funds earned directly to the escrow agent at the sole expense of the
Contractor.
01203.0006/379445.1 15
5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided
evidence of satisfaction of all other requirements under Article 5 of this Agreement;
(b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be
made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor
Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise
as required by applicable law.
ARTICLE 6. RECORDS,REPORTS,AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records in compliance with all applicable laws, or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of 3 years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Contractor's business, custody of the
books and records may be given to City, and access shall be provided by Contractor's successor
in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract
Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the
cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Contractor is providing design services, the cost of the project being designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design
services,the estimated increased or decreased cost estimate for the project being designed.
01203.0006/379445.1 1 6
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data,
notes, computer files, reports, records, documents and other materials (the "documents and
materials") prepared by Contractor, its employees, subcontractors and agents in the performance
of this Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use,reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Contractor will be at the City's sole risk
and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to
such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein.All subcontractors
shall provide for assignment to City of any documents or materials prepared by them, and in the
event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages
resulting therefrom. Moreover, Contractor with respect to any documents and materials that may
qualify as"works made for hire"as defined in 17 U.S.C. § 101, such documents and materials are
hereby deemed"works made for hire"for the City.
6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the Contract Officer or unless requested by the City
Attorney,voluntarily provide documents,declarations, letters of support,testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided
Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys' fees, caused by or incurred as a result of Contractor's conduct.
(d) Contractor shall promptly notify City should Contractor,its officers,
employees,agents or subcontractors be served with any summons, complaint, subpoena,notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request,court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Contractor or be present at
any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
01203.0006/379445.1 17
Contractor. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted,construed and governed both as to validity and
to performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Contractor for any work performed after the date of default. Instead, the City may give notice to
Contractor of the default and the reasons for the default. The notice shall include the timeframe in
which Contractor may cure the default. This timeframe is presumptively thirty(30)days, but may
be extended, though not reduced, if circumstances warrant. During the period of time that
Contractor is in default, the City shall hold all invoices and shall proceed with payment on the
invoices only when the default is cured. In the alternative,the City may, in its sole discretion,elect
to pay some or all of the outstanding invoices during the period of default. If Contractor does not
cure the default,the City may take necessary steps to terminate this Agreement under this Article.
Any failure on the part of the City to give notice of the Contractor's default shall not be deemed
to result in a waiver of the City's legal rights or any rights arising out of any provision of this
Agreement.
(b) Dispute Resolution. This contract is subject to the provisions of
Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract
Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates
certain procedures for the filing of claims and supporting documentation by the Contractor,for the
response to such claims by the City, for a mandatory meet and confer conference upon the request
of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and
for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This
Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Contractor's acts or omissions in performing or failing to perform Contractor's
01203.0006/379445.1 18
obligation under this Agreement. In the event that any claim is made by a third party,the amount
or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim.The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise by it,at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in
law or in equity, to cure, correct or remedy any default, to recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any
contrary provision herein,Contractor shall file a claim pursuant to Government Code Sections 905
et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement,the Contractor and its sureties shall be liable for and shall pay to the City the sum
of One Thousand Eight Hundred Dollars ($1,800)as liquidated damages for each working day
of delay in the performance of any service required hereunder, as specified in the Schedule of
Performance (Exhibit "D"). The City may withhold from any monies payable on account of
services performed by the Contractor any accrued liquidated damages. Pursuant to Government
Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion
of the project when such delay was caused by the failure of the public agency or owner of the
utility to provide for removal or relocation of utility facilities.
01203.0006/379445.1 19
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically
provided in the following Section for termination for cause.The City reserves the right to terminate
this Contract at any time,with or without cause,upon thirty(30)days' written notice to Contractor,
except that where termination is due to the fault of the Contractor, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Contractor
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City,except that where termination is due to the fault of the City,the period
of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated
termination, the Contractor shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section,the terminating party need not provide the non-terminating party with the opportunity
to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under
this Agreement, City may, after compliance with the provisions of Section 7.2,take over the work
and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Contractor for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.10 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to
any action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation.All such fees shall be deemed
to have accrued on commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment.
7.11 Unfair Business Practices 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
01203.0006/379445.1 20
Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
services or materials related to this Agreement. This assignment shall be made and become
effective at the time the City renders final payment to the Contractor without further
acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or
any successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor's performance of services under
this Agreement. Contractor further covenants that in the performance of this Agreement,no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any
corporation,partnership or association in which he is,directly or indirectly, interested,in violation
of any State statute or regulation. The Contractor warrants that it has not paid or given and will not
pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, there shall be no discrimination against or segregation
of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation,marital status,national origin, ancestry, or other protected class in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, gender, sexual orientation,marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor
01203.0006/379445.1 21
so employ such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed,together with any and all costs, including attorneys'fees, incurred
by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail, in the case of the City,to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Boulevard,Ranchos Palos Verdes, California 90275 and
in the case of the Contractor,to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All
correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed
to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and
exclusive expression of the understanding of the parties. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any,between the parties, and none shall be used to interpret this Agreement.No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the
Contractor and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
01203.0006/379445.1 22
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty& Representation of Non-Collusion.
No official,officer,or employee of City has any financial interest,direct or indirect,
in this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation,partnership, or association in which(s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that(s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect.
Contractor's Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that
(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party,(iii)by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
01203.0006/379445.1 23
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
mu ' ipal corporation
Bria Camp. ' , Mayor
AT 1E •MIMI
111 LIMA
Eme •••• WPy Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER,LLP
David J. - eshire, City Attorney
CONTRACTOR:
ABNY General Engineering, Inc.
By:
Name: 50.4,, WO.lei b
Title: pie 5; 1 e e A"
By:
Name: 5 4'M tela K
Title: Sec{t l
Address: 1302 Indian Springs Drive
Glendora, CA 91741
Two corporate officer signatures required when Contractor 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. CONTRACTOR'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 CONTRACTOR'S BUSINESS ENTITY.
PLEASE SEE THE ATTACHMENT
WI 7 /T /tot
01203.0006/379445.1 24
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
C�c.s���C�c�•�C�c.�c.v. �•_:�Y..�•/T.'rs�'•.T'.s�Y..CY.a..aY..�`..��..s�•.a�s2/cC<�Tc�aC_ac_.�c..s�c..�._ac_�c.aC_.�vw��a.:�r:�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 Al4
n /Countf /'GLS An�c�1&5 !.s, � T��/b /:G.On / 7 7 / 7 before me, i 1'' ` !�
Date / re Insert Name and Title of i he Officer
personally appeared sa 1.1W Q h&�
Name(sdf Signer(
who proved to me on the basis of satisfactory evidence to be the person( hose name(sris/arer—
subscribed to the within instrument and acknowledged to me that he/s executed the same in
his/Nat/14i authorized capacity(ieST and that by his/hditileir signature on the instrument the person(e —
or the entity upon behalf of which the person( cted, 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.
J �l_ RAMIN MIRAGE L WITNESS my hand and official seal.
• .�fi
COMM. #2111683 z
Z.:� Notary Public.California
Los Angeles County ,�`' Signature
9 My Comm.Expires May 15,2019/
Signature of otary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Dockment
Title or Type of Document: d1r11c Wo k---5 A3-fad4'71
Document Date: '7 / 7 724)/7 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Partner — ❑Limited ❑General ❑ Partner — ❑ Limited ❑General
❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
• ',_.': .. • •,z-••-z••••_.•—•-•-• • • -
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©2015 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT "A"
SCOPE OF WORK
Contractor shall perform all of the work and comply with all of the specifications and
requirements in the Plans, Notice Inviting Bids, Instructions to Bidders, "General
Provisions", "Special Provisions", and "Addendum No. 1," dated May 30, 2017, and
"Addendum No. 2," dated May 31, 2017, and all other bid documents for the project
entitled ADA Access Improvements at Fred Hesse Park,Project No.007817, including
any documents or exhibits referenced therein ("bid documents").
II. Brief description of the work to be performed:
The work to be done shall include furnishing all materials, equipment, tools, labor, and
incidentals as required by the bid documents. The general items of work include
construction of ADA curb ramps, including curb and gutter modifications along the ramps
as well as the removal and replacement of the traveled path (sidewalk) to create ADA-
compliant pedestrian linkage from the parking lot to the Community Building entrance.
Additional ADA-specific modifications will include correcting the elevations at the brick
paving fronting the building and numerous interior building modifications, such as
relocating light switches,modifying interior doors and addressing access barriers to ADA-
approved standards.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor
will keep the City appraised of the status of performance by delivering the following status
reports, as set forth below in Section II of Exhibit D:
A. Daily Reports
B. Certified Payroll
IV. All work is subject to review and acceptance by the City, and must be revised by the
Contractor without additional charge to the City until found satisfactory and accepted by
City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic
in accordance with the California Manual on Uniform Traffic Control Devices (CA
MUTCD), latest edition.
01203.0006/379445.1 A-1
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 1.2,Bid Documents,is hereby amended to read as follows(new text is identified
in bold italics, deleted text in strike throu"h):
The Scope of Work shall include the Plans, Notice Inviting Bids, Instructions to
Bidders, "General Provisions", and "Special Provisions", "Addendum No. 1," dated May 30,
2017, and "Addendum No. 2,"dated May 31, 2017, in the and all other bid documents for the
project entitled ADA Access Improvements at Fred Hesse Park,Project No.007817, including
any documents or exhibits referenced therein (collectively, "bid documents"), all of which are
incorporated herein by this reference. In the event of any inconsistency between the terms of the
bid documents and this Agreement,the terms of this Agreement shall govern.
II. Section 5.1(a), Commercial General Liability Insurance, is hereby amended to read
as follows (new text is identified in bold italics, deleted text in strike through):
Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than X000,000 $2,000,000 per occurrence or if a general aggregate limit is used, then the
general aggregate limit shall be twice the occurrence limit. This policy shall include a minimum
limit of$1,000,000 for property damage.
III. Section 7.7, Liquidated Damages, is hereby amended to read as follows (new text is
identified in bold italics,deleted text in strik-e-thfeugh):
Liquidated Damages. Since the determination of actual damages for any delay in
performance of this Agreement would be extremely difficult or impractical to determine in the
event of a breach of this Agreement,the Contractor and its sureties shall be liable for and shall pay
to the City the sum of One Thousand Eight Hundred Dollars ($1,800) as liquidated damages for
each wefkingcalendar day of delay in the performance of any service required hereunder, as
specified in the Schedule of Performance (Exhibit"D"). The City may withhold from any monies
payable on account of services performed by the Contractor any accrued liquidated damages.
Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages
for delay in completion of the project when such delay was caused by the failure of the public
agency or owner of the utility to provide for removal or relocation of utility facilities.
01203.0006/379445.1 B-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of
Contractor's Proposal, and listed below:
BID SCHEDULE
Item Estimated Unit Extended
Description Unit Price
No. Quantity* Meas. Amount
ACCESSIBLE PARKING
1 REMOVAL OF AC PAVING 800 SF $2.40 $1,920.00
2 REMOVAL OF ISA POST SIGN 3 EA $160.00 $480.00
REMOVAL OF TREE
3 2 EA $160.00 $320.00
PLANTER
4 REMOVAL OF CONCRETE 163 SF $3.20 $521.60
WALK
5 REMOVAL OF CONCRETE 59 LF $6.40 $377.60
CU6 NEW A.C. PAVING 3 1/2" THK, 800 SF $6.40 $5,120.00
NO BASE REPLACEMENT
7 NEW SLURRY SEAL 800 SF $5.60 $4,480.00
8 NEW PCC CURB 59 LF $32.00 $1,888.00
9 NEW CONCRETE WHEEL 3 EA $56.00 $168.00
STOP
10 NEW PARKING SIGNAGE, 3 EA $72.00 $216.00
POST MTD
11 NEW MINIMUM FINE SIGN 3 EA $72.00 $216.00
12 NEW TOW-AWAY PARKING 2 EA $72.00 $144.00
SIGNAGE, POST MTD
13 NEW RESTRIPE FOR 2 EA $144.00 $288.00
ACCESSIBLE PARKING
14 NEW RESTRIPE FOR 1 EA $144.00 $144.00
ACCESSIBLE VAN PARKING
15 NEW PAVEMENT SYMBOL 3 EA $144.00 $432.00
WITH ISA
16 NEW 12" HIGH "NO 2 EA $144.00 $288.00
PARKING" WHITE LETTERS
17 NEW 36" WIDE BAND OF 48 SF $40.00 $1,920.00
TRUNCATED DOMES
01203.0006/379445.1 C-1
ON-SITE EXTERIOR ACCESSIBLE ROUTES TO FRONT DOOR
18 REMOVE BRICK PAVEMENT 800 SF $3.20 $2,560.00
19 NEW BRICK PAVEMENT 800 SF $8.00 $6,400.00
20 NEW RETAINING WALL 67 LF $64.00 $4,288.00
21 REMOVAL OF PAVEMENT 1832 SF $1.92 $3,517.44
22 NEW CONCRETE PAVEMENT 1510 SF $7.20 $10,872.00
23 NEW CONCRETE RAMP 568 SF $8.00 $4,544.00
24 NEW HANDRAILS 218 LF $144.00 $31,392.00
25 NEW CONCRETE CURB AT 168 LF $32.00 $5,376.00
PLANTER
26 REMOVE PLANTING AREA 373 EA $1.62 $604.26
REMOVE BOLLARD LIGHT
27 FIXTURE (FOR RE- 1 EA $800.00 $800.00
INSTALLATION)
RE-INSTALL BOLLARD
28 LIGHT FIXTURE AT NEW 1 EA $1,280.00 $1,280.00
LOCATION
29 NEW PEDESTAL DRINKING 1 EA $6,880.00 $6,880.00
FOUNTAIN
30 NEW TRENCH& EXTEND 1 LS $1,920.00 $1,920.00
PLUMBING LINES TO D.F.
31 NEW DRAIN 4 EA $1,600.00 $6,400.00
MAIN BUILDING
32 REMOVAL OF DOOR STOP 7 EA $64.00 $448.00
33 NEW DOOR CLOSER 6 EA $640.00 $3,840.00
34 NEW PANIC HARDWARE 5 EA $2,400.00 $12,000.00
35 NEW ROOM I.D. 11 EA $208.00 $2,288.00
36 NEW EXIT/EXIT ROUTE SIGN 12 EA $224.00 $2,688.00
37 NEW ROOM I.D. & 4 EA $128.00 $512.00
GEOMETRIC SIGNAGE
38 LOWER THERMOSTAT 3 EA $1,200.00 $3,600.00
39 REPLACE DOOR 4 EA $5,600.00 $22,400.00
40 REPLACE POWER ASSIST 1 EA $11,200.00 $11,200.00
DOOR OPENER
41 NEW POWER ASSIST DOOR 7 EA $12,800.00 $89,600.00
OPENER
01203.0006/379445.1 C-2
42 NEW THRESHOLD 1 EA $800.00 $800.00
43 NEW ELECTRICAL WORK 7 EA $4,000.00 $28,000.00
44 NEW FIRE EXTINGUISHER 1 EA $1,120.00 $1,120.00
CABINET
45 NEW CARPET 12 SF $80.00 $960.00
46 NEW VINYL FLOORING 18 SF $56.00 $1,008.00
47 MODIFY COUNTER 2 EA $4,000.00 $8,000.00
48 NEW COUNTERS WITH SINK 2 EA $6,080.00 $12,160.00
49 MODIFY COUNTER AND 1 EA $3,200.00 $3,200.00
SWING GATE
50 NEW WALL-MOUNTED HI-LO 1 EA $12,000.00 $12,000.00
DRINKING FOUNTAIN
51 LOWER PAPER TOWEL 2 EA $560.00 $1,120.00
DISPENSER
52 LOWER SOAP DISPENSER 2 EA $400.00 $800.00
REMOVE AND PROVIDE NEW
53 RECESSED PAPER TOWEL 2 EA $1,360.00 $2,720.00
DISPENSER TRASH COMBO
UNIT
54 REPLACE FEMININE NAPKIN 1 EA $640.00 $640.00
DISPENSER
55 REPLACE COUNTER-TYPE 4 EA $1,280.00 $5,120.00
LAVATORY
PATCH WALL AT
56 ACCESSORY/DRINKING 8 EA $800.00 $6,400.00
FOUNTAIN REMOVAL
57 RELOCATE WATER CLOSET 2 EA $2,080.00 $4,160.00
REPLACE SEAT COVER
DISPENSER TOILET PAPER
58 DISPENSER COMBO WITH 2 EA $960.00 $1,920.00
SEPARATE DISPENSER
TYPES
NEW PARTITION WALLS
59 WITH TILE FINISH AND 1 LS $6,400.00 $6,400.00
URINAL
MODIFY EXTERIOR DOOR
60 BRICK LANDING FOR 63 SF $48.00 $3,024.00
SLOPES
CHASE GRADE FROM
61 MODIFIED BRICK DOOR 137 SF $48.00 $6,576.00
LANDINGS TO EXISTING
BRICKWORK
01203.0006/379445.1 C-3
MISCELLANEOUS PATH,
62 CLEAN AND REPAIR 1 EA $7,000.00 $7,000.00
DISTURBED FINISHES
TOTAL BID SCHEDULE $367,460.90
*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.
II. A retention of five percent(5%) shall be held from each payment as a contract retention to
be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the
Contract Officer, funds may be shifted from one item's sub-budget to another so long as
the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per
Section 1.10.
IV. The City will compensate Contractor for the Services performed upon submission of a
valid invoice. Each invoice is to include:
A. Line item for each bid item and the quantity agreed upon for that invoice period.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $367,460.90 as provided in
Section 2.1 of this Agreement.
01203.0006/379445.1 C-4
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Intermediate Schedule Dates
A. Execution of Agreement—Contractor shall execute the Agreement, and retun to
the City for execution by the City, accompanied by the bonds and evidence of
insurance required by the bid documents, within fifteen (15) calendar days from
the date of mailing the written notice to Contractor of award of the project.
B. Pre-Construction Meeting — The Contractor shall attend a pre-construction
meeting with the Director of Public Works or his authorized representative,within
fifteen (15) calendar days of the Agreement's execution.
C. Work Schedule and Notice To Proceed — Within seven (7) days after the pre-
construction meeting, Contractor shall supply the City with all project submittals
setting forth a schedule for the Contractor's performance and completion of the
work. City has option to issue the Notice to Proceed at any time. City shall not
issue a Notice to Proceed until it has received a work schedule to the City's
satisfaction. The work schedule and all other project submittals approved by the
City shall be incorporated into this Agreement as though set forth in full herein.
D. Completion of Work — All work shall be completed by the Contractor within
sixty(60)working days following the date indicated on the Notice to Proceed.
II. Contractor shall deliver the following tangible work products to the City by the following
dates:
A. Daily Reports will be delivered to the City weekly. Daily Reports must be
delivered and accepted prior to any progress payment up until the date that work
is being invoiced for.
B. Certified payroll will be delivered to the City biweekly. Certified payroll must be
delivered and accepted prior to any progress payment up until the date that work
is being invoiced for.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01203.0006/379445.1 D-1
•
' Executed in Duplicate Bond Number: 100353504
-' Premium: $6,614.00
Premium if for contract term and is
subject to adjustment based on the
PERFORIVIANCE BOND final contract price
WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City"), has awarded to
ABNY General Engineering Inc. , as Contractor ("Principal"), a Contract for the
work entitled and described as
follows:ADA Access Improvements at Fred Hesse Park Project#007817
WHEREAS, the Contractor is required under the terms of said Contract to furnish a
bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are eld and
bound unto the City in the sum of and uoiuu dollrSixty Seven Tho sand Four un re ixty
($367,460.90 ),this amount being not less than one hundred percent(100%)of the total
Contract price,lawful money of the United States of America,for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally,firmly by these presents.In case suit is brought upon this bond,the Surety
will pay a reasonable attorney's fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound
Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things
stand and abide by, well and truly keep and perform all undertakings, terms, covenants,
conditions, and agreements in the said Contract and any alteration thereof, made as therein
provided,all within the time and in the manner designated and in all respects according to their
true intent and meaning,then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no
change,extension of time,alteration,or modification of the Contract Documents or of the work
to be performed thereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of such change, extension of time, alteration, or modification of the
Contract Documents or of the work to be performed thereunder.
Executed on June 22 2017
PRINCIPAL ABNY General Engineering Inc.
(Seal if Corporation) By . ..
Title ?(e5;,><cid
(Attach Acknowledgment of Authorized Representative of Principal)
01203,00061379445.1
Any claims under this bond may be addressed to:
U.S. Specialty Insurance Company (name and address of Surety)
625 The City Drive So.#205
Orange, CA 92868
Alliant Insurance Services, Inc. (name and address of Surety's agent for service
of
process in California, if different from above)
735 Carnegie Drive, Suite 200
San Bernardino, CA 92408
909-886-9861 (telephone number of Surety's agent in
California)
(Attach Acknowledgment) U.S. Specialty Insurance Company
S TY
By ‘,/
(Alto y-in-Fact) thi
a� Youn
ef—''‘
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
01203.0006/379445,1
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a _ Description of Attached Document y.
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.a. iTitle or Typ Gi DOcinent: }
Document Date: Number of Pages: 5
f S+gnerr(s) Other Than Named Above; g
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Capacity(ies) Claimed by Signer(s) R.
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RT itiBsgx> ic
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•
•
STATE OF CALIFORNIA •
DEPARTMENT OF INSURANCE NQ 07984
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY THAT,Pursuant to the insurance Code of the State of Cal fornia,
U.S. Specialty Insurance Company
of Houston, Texas • ,organized underrite
laws of Texas ,subject to its Articles of Incorporation or
other fundamental organizational documents,is hereby authorized to transact within the State,subject to
all provisions of this Certificate,the following classes of insurance:
Fire, Marine, Surety, Disability, Liability,
Workers' Compensation, Aircraft, and Miscellaneous
•
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
frill compliance with all,and not in violation of any,of the applicable laws and lawful requirements made
under authority of the laws of the Stare of California as long as such laws or requirements are in effect
and applicable,and as such laws and requirements-now are,or may hereafter be changed or amended
•
IN WITNESS WHEREOF,effective as of the 29th
day of December 2004 ,/have hereunto
set my hand and caused my official seal to be affixed this
29th day of December
2004
• ohn Ga amendi
nwrpnce irsioner
By •
07,1X-
&,0
•for Ida Zodrow
NOTICE: Depu t
Qualification with the Secretary of State must be accomplished es required by the ,... .... ....••• ode. .
after issuance of dill Certificate of Authority.Failure to do m will be a violation of Insurance Code Section 701 and.1 be
grounds for revoidng this Certificate of Authority putsuant oaths convenants made in the application therefor and the
conditions contained herein.
rotes css •
POWER OF ATTORNEY
•
AMERICAN CONTRACTOR I EMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas
Bonding Company, an assumed name of American Contractors Indemnity CompatAy, United States Surety Company, a Maryland
corporation and U.S. Specialty Insurance Company, a Texas corporation (colledtiv y, ( mpanies"), do by these presents make,
constitute and app_t
Jay P.Freeman,Laurie B.Druck,or Cynthia J.Young of San Bernardino,California
its true and lawful Attorney(s)-in-fact, each in their sepanue,capacity if more than one is named above, with fulli3ovd authority
hereby conferred in its name,place and stead, to executes,_=knowledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00**).
This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
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 Attomey(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 on behalf of the Company,to execute,acknowledge and deliver,any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or fmal estimates on engineering and construction contracts,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 mpany with respect to any
bond or undertaking to which it is attached.
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
1st day of November,2016.
_- AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
Corporate Seals
IpAOiOq r, ;." SUq : ,. NDING aaa�osu g, /1
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INCORPORATED.,1EE '0' II •;- -X• D� _ ,1,...-4- :y= B _
�W'. SEPT.35,1990 :-_'ice =.W' L, „-•
,7i r/\
.a. y �:2 ;�,• 5 s F= Daniel P.Aguilar,Vice President
,.\P"` ', ....:'t.`•. .,,,rare avi0--,, - , ...*..
',�4 iiF„RN,,,• .i,,in,,,oss i ,„,„,,,,"`� - „i, iii
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 SS:
On this 1st day of November,2016, before me,Sabina Morgenstein,a notary public, personally appears IAL P.Aguilar,Vice President of American
Contractors Indemnity Company,Texas Bonding Company,United States Surety Company-andt S urance Company who proved to me on
the basis of satisfactory=evidence to be the person whose name is subscribed to the within ins enc and=ac knaw1edged to me that he executed the same in
his authorized capacity;and that by his signature on the instrument the person,or the entity upotIIhehaff ouche person acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
�c ,ro SABINA MORGENSTEtN
Commission 8 2129258
Signature (Seal) " f'% Notary Public California
�' Los Angeles County
_"s' My Comm. Expires Nov 3,2019
I,Kio Lo,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.
Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said
Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Director set out in the Power of Attorney are in full
force and effect. �
In ,1 ,ess Whereof, I have hereunto set my hand and affixed the seals of said Companies of Los Angeles,California this ,:)a)`'day
o: :: h-02_ 6(.1 1111
. AGT S •rimCo7p to Seals ` q',: sUR `'LADING nr • ,� ,. �
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Agency No. 3501 .,,;4iiiaiii,t ...*...:••r 4,'N(je.isi-e :•'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
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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 /t.4/J A„.,c��e 5 ,(/
On 7 / 7 Zp/ 7 before me, motM 4 P �<<'7e_ /'""A"7 /RAC `:c.
Date re Insert Name and Title of the Officer
personally appeared fa*1 War 4
Name(s$f Signer
who proved to me on the basis of satisfactory evidence to be the person('hose name( s/ar
subscribed to the within instrument and acknowledged to me that he/s executed the same in
his it authorized capacity(ie‘and that by is/heitr signature on the instrument the person((r"
or the entity upon behalf of which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
� � RAMIN MIRAGE ` WITNESS my hand and official seal.
' COMM. #2111683 z
i Notary Public•California (7)'
r ��
� Los Angeles County
I
` ?!+#
1 My Comm.Expires May 15,2019 Signature
Signature of7Votary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Docjiment Works.
Title or Type of Document: r l is Wo ref A5-raa w►e
Document Date: 17 /1017 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑Partner — ❑Limited ❑General ❑ Partner — ❑Limited ❑General
❑Individual ❑Attorney in Fact Cl Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
.•y"y'y�o'4�1$�4�.4Cy4'ai4�J:4L 4�.4��4v4'y4'y4�.4�.4�..1'✓4"y.'.14�✓.6.V"'•ate L�"✓. "y."✓.4`:'y4�y4\✓4�✓•4`.4�✓.4\�4�✓.4'y4�.4'✓.1'✓G�G'y4�4.y4.
©2015 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
Executed in Duplicate Bond Number: 100353504
Premium included in charge for
Performance Bond
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City"), has awarded to
ABNY General Engineering Inc. , as Contractor ("Principal"), a Contract for the
work entitled and described as
follows: ADA Access Improvements at Fred Hesse Park Project#007817 .
WHEREAS, said Contractor is required to furnish a bond in conjunction with said
Contract, to secure the payment of claims of laborers, mechanics, material men, and other
persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of TSixety inu, oxtyri 01 aesen ThOusanci hour Hunareo
($367,460.90 ), this amount being not Iess than one hundred percent(100%) of the total
Contract price,lawful money of the United States of America,for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally,firmly by these presents.In case suit is brought upon this bond,the Surety
will pay a reasonable attorney's fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its
heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any
work,materials,services,provisions,provender,or other supplies,or for the use of implements
of machinery,used in,upon, for, or about the performance of the work to be done, or for any
work or labor thereon of any kind; (2) for work performed by any of the persons named in
Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code
with respect to work or labor performed under the contract;and/or(4)for any amounts required
to be deducted,withheld,and paid over to the Employment Development Department from the
wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of
the Unemployment Insurance Code with respect to such work and labor,then the Surety herein
will pay for the same in an amount not exceeding the sum specified in this bond,otherwise the
above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section
9100 so as to give a right of action to such persons or their assigns in any suit brought upon
the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is
required to engage the services of an attorney in connection with the enforcement of this bond,
each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition
to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension
of time,alteration,or modification of the Contract Documents or of the work to be performed
thereunder shall in any way affect its obligations on this bond,and it does hereby waive notice
of such change,extension of time,alteration, or modification of the Contract Documents or of
the work to be performed thereunder.
012030006!379445,1
Executed on June 22 ,2017
PRINCIPAL ABNY General Engineering Inc.
(Seal if Corporation) By A
Title Pre S;aQ
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
U.S. Specialty Insurance Company (name and address of Surety)
625 The City Drive So.#205
Orange, CA 92868
Alliant Insurance Services Inc. (name and address of Surety's agent for service
of process in California,if different from above)
735 Carnegie Drive, Suite 200
San Bernardino, CA 92408
909-886-9861 (telephone number of Surety's agent in
California)
(Attach Acknowledgment) U.S. Specialty Insurance Company
SURE
By
APPROVED: (Attornei in-Fact)Cynt J. ung/
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
01203.00061379445,1
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COCOI 2 l before e ma, Tabitha Davenport P4otan� Pui3lic ;:
.,� dT�=c o= s-(e.o.,"_.eD :t y b"�')
personally appeared Cynthia J. Youno 13
r who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
,
within instrument and acknowledged to ma that she
executed the same in her authorized capacity,
and that by her signature on the instrument the II
person, or ine emit upon lehalf o;which lie arson
.^- TABITHA DAVENPORT y
Notary Public-California acted, executed the instrument.
E r41:-.:01r,::_•- San Bernardino County _g
Commission#2195158 i cern; under PENALTY Y OF ,t
i _7...,---i__‘ MPERJURY under the la lis of
— y Comm_Exp res May 16,2021 e
the State of California.that the,foregoing paragraph is
true and correct. p;
y_
i1:
v WITNESS my hand and officia seal. �4
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OPTIONAL
I nouoh the infom :o n below is not required by law,it may prove L_`ua'ie to persons r Yii- a on the document and cord prevent fraudulent -4
= reinjo,et aoC reattachment of t:•i:a TD i to another document. 4
Description of Attached Document
. y
Title of i ype of Document _
Document Date: . Number of Pages:
$igr ergs) Other` han N me-d Above: ' - -t,„
Ca0acity(ies) Claimed by Signer(s)
Signer`s Name:
:t 41 ,
IJ Individual Topct::r,i-ra
> 0 Corporate Officer -g
Title
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0 Attorney-in-Fact g
LQ Trustee
13 Guardian or Conservator
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Signer is Representing: Y
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•
•
STATE OF CALIFORNIA •
DEPARTMENT OF INSURANCE N4 07984
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY THAT,Pursuant to the Insurance Code of the State of Calffonda,Co.!
U.S. Specialty Insurance Company
of Houston, Texas •organized under the
laws of Texas ,subject to its Articles of Incorporation or
other fundamental organizational documents,is hereby authorized to transact within the State;,subject to
all provisions of this Certfcote,the following classes of insurance:
Fire, Marine, Surety, Disability, Liability,
Workers' Compensation, Aircraft, and Miscellaneous
•
as such classes are now or may hereafter be defied in the Insurance Laws of the State of California.
THIS CERlir1CATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all,and not in violation of any,of the applicable laws and lawful requirements made
under authority of the laws of the Stare of California as long as such laws or requirements are in effect
•
and applicable,and as such laws and requirembttshow are,or may hereafter be changed or amended.
IN WITNESS WHEREOF,effective as of the 29th
day of December , 2004 ,I have hereunto
set my hand and caused my official seal to be affixed this
29th day of December 2004
•
urJ
•
ohn Ga amendi
nStrrOrrce - toner
Byirg-
for Ida Zodrow D.:
NOTICE: pu tt
Qualification with the Secretary of State must be accomplished es required by the ..•.. . _., •, ode• 117
after issuance of this Certificate of Authority.Failure to do so wilt be a violation of Insurance Code Section 701 and t t be
grounds for revoking this Certificate of Authority pursuant to the convenants made its the application therefor and the
conditions contained herein.
ion.cwt
oaraaw,
MER OF ATTORNEY = -
AMERICAN CONTRA 'OWII�EMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas
Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Companyz a Maryland
corporation and U.S. Specialty Insurance Company, a Texas corporation(Collectively, the "Companies"),do by these presents make,
constitute and appoint:
Jay P.Freeman,Laurie B.Druck,or Cynthia J.Young of San Bernardino,California
its true and lawful Attomey(s)-in-fact, each in their separate-capacity if more than one is named above, with full power= 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 riders, amendments, and consents of surety, providing the bond
penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00**).
This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that thesident,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority tout 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 on behalf of the Company,to execute,acknowledge and deliver,any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts,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 anyeerrcate relating
thereto by facsimile,and any power of attorney or certificate bearim facsimile signature or facsimile seal shall be valid and binding upon the Companywitspeeet to any
bond or undertaking to which it is attached.
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
1st day of November,2016.
-— - AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
DDt,,,r urwnr,,, , r ar, ,`°�ra01 Niur ii, Dawns.,„','„:.,
aacroR,,, °;.s,su,:F oN" 9..c,:, , y a
._off' `yP:` moi, ,ti O- /', '••:q= ;ye +''.:3;
Rif INCORPORATED iz- 'E°i" 1 3_ -Wi Z' =N: iia = By: j �
.,*' SEPT.25,1990 1--47 r'; ,•ate j,.;• ,'K` ?, r/\ %' Daniel P.Aguilar,Vice Presi ent
-•"......FORMaP`.."```` irnm,..so •`:4.,°, tE4.4 r*uru....
.,num unn
A notary public or other officer completing this certificate vetnly the identity of the individual who signed the
document to which this certificate is attached,and not the tnrthf tlness,accuracy,or validity of that document.
State of California
County of Los Angeles SS:
On this 1st day vim'=Ni3vember,2016, before me,Sabina Morgenstein,a notary public, personally appeal Daniel P.Aguilar,Vice President of American
Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity,and that by his signature on the instrument the person,or the entity upon- If of €hich-the person acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SABINA MORGENSTEIN
0% Commission # 2129255
Signature ) - " `��l Notary Public California
' • `j Los Angeles County
�'"'__ My Comm. Expires Nov 3,2014
—
I,Kio Lo,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.
Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said
Companies,whish s-shin full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Atto yare in full
force and effect.
"• ess Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this day
�- ,-�.-] �r
C.,•'3'ale Seals „uurur,,,,,,, ..,,,ourmru:,,,,,, ,,,'iu ,,y, o,,,umnn,,,,o, ,,1/I,
.r y ._- ,, v tin i+ 3_
•J ' O ( Q ',CORPORATES s_ ,2 , ' 0 w ➢- is ? Kio Lo, ssist�tnt Siirctd
SEPT.2S 1990 W w• _g N Y A
Bond No „ Y �� /\ t_ r�
?d•. o. t, sr. 5 s .
i,
Agency No. 3501 C411F00.0.PD` s •.....*..:• !. " TF......tFP,c` '*..:.
r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
,----• v-:�.rv---r. .,-• r-:s�Fti� . : ‹c--_ .v^ • ..-.•• ,�v-i^ . -7,-• .r;y- ....-
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 CCs A,;a h 5 )
/
On 7 / 7 7z0/ 7 before me, 4,..i 4 et <'y0- A& , I:C
Date / re Insert Name and Title of the Officer
personally appeared .5_40.1W Q r�&G
Name(s6f Signer('
who proved to me on the basis of satisfactory evidence to be the person( whose name(s s/ate
subscribed to the within instrument and acknowledged to me that he/s executed the same in
his it authorized capacity(ie<and that by his/fir signature on the instrument the person(s);
or the entity upon behalf of which the person( cted, 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.
J �'U �``+ - ft-AM-IN MIRAGE 1 WITNESS my hand and official seal.
ab COMM. #2111683 z
Z.• i Notary Public-California o
Los Angeles County
'wirdSignature
l - y V My Comm.Expires May 15,20191
Signature of otary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Doc ment
Title or Type of Document: rvirc Wock5 A5fact-'''"":74—
Document
a e^74—Document Date: 7 / 7 77.017 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑Partner — ❑Limited ❑General ❑ Partner — ❑ Limited ❑General
❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee 0 Guardian or Conservator 0 Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
L— `; • • .\_..�:•-•\_.\_,• `..`.0,..�. '.".c`d' (,+.` Y` ._•-• S. •••2L.'•••,,,"0.:.�:,-...�A._. s•✓.a •,-•,,:, `..,_..
02015 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
