CC SR 20150818 M - Mira Catalina ADA Access CDBG ProjectCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS (�
DATE: AUGUST 18, 2015
SUBJECT: AWARD CONTRACTS FOR CONSTRUCTION,
CONSTRUCTION MANAGEMENT AND INSPECTION FOR
THE MIRA CATALINA ADA ACCESS RAMPS AND
SIDEWALK IMPROVEMENT PROJECT (CITY COUNCIL
GOAL #2, PUBLIC INFRASTRUCTURE - CITYWIDE
STREET MAINTENANCE)
REVIEWED: DOUG WILLMORE, CITY MANAGER
Project Manager: Nicole Jules, Deputy Director of Public Works 'r lQ
RECOMMENDATIONS
1) Approve the construction plans and contract documents on file in the Public Works
Department for the Mira Catalina ADA Access Ramps and Sidewalk Improvement
Project;
2) Award a construction contract to Ruiz Concrete and Paving, Inc. in the amount of
$55,882.45 for the project;
3) Award a professional services agreement to Anderson Penna Partners in the amount
of $13,125.00 for construction management and inspection;
4) Authorize Staff to utilize an additional 10% ($6,900) for contingency, for a total project
authorization of $75,907.45; and
5) Authorize the Mayor and City Clerk to execute the agreements.
BACKGROUND/DISCUSSION
The City of Rancho Palos Verdes has routinely participated in the Los Angeles Urban
County's Community Development Block Grant (CDBG) Program since 1986. The
program funds local community development projects that meet national objectives. The
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Mira Catalina ADA Access Ramps and Sidewalk Improvements Project meets the
objectives of the CDBG eligible activities and has been adopted by City Council as an
approved project.
The project scope includes upgrading and installing ADA compliant facilities adjacent to Mira
Catalina Elementary school. Improvements also include construction of sidewalk and
realignment of the schools crosswalk. The project improvements will upgrade walking
conditions along Lucania Drive, Starline Drive and Crest Road East for student access to
and from the school. A project location map is included as an attachment.
ANALYSIS
Construction Contract
The project was publicly advertised and sealed bids were received and opened on July 23,
2014. Ruiz Concrete & Paving, Inc. submitted the lowest responsive bid out of the nine bids
received. The following table summarizes the bids received:
Staff has verified Ruiz Concrete & Paving, Inc.'s references and found their past
performance on jobs of similar size and scope to be satisfactory. Ruiz Concrete & Paving,
Inc. has performed similar work for several agencies throughout Southern California,
including the City of Lawndale, City of West Hollywood, and La Habra. Their bid, bonds, and
insurance documents are in order and their contractor's license is current.
Construction Management, Inspection, and Materials Testing
To ensure first-class work, materials, and workmanship during construction, construction
management and inspection services are needed to oversee construction activities and
verify specification compliance. Staff solicited proposals through the RFP process, and
Anderson Penna Partners was selected as the preferred consultant, based on the project
team's qualifications, extensive experience, and institutional knowledge through working on
past projects in the City. The cost for this project's construction management and inspection
services will be $13,125.
ALTERNATIVE
The alternative is to reject all bids and re -advertise the construction project. This alternative
could take approximately two months to complete and may result in an increase in bid prices.
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BID SUMMARY
Construction Companies
Ruiz Concrete & Paving, Inc.
Construction Inc.
Bid Amount
$58,882.45
$64,354.00
_
_ND
Vido Samarzich, Inc.
$79,085.00
_RG General Engineering
$80,800.00
Martinez Concrete$85,566.00_
Excel Paving Company �
$93,848.00
T
FS Construction
$108,925.00
Hardy__& Harper Inc._
$151,000.00
Staff has verified Ruiz Concrete & Paving, Inc.'s references and found their past
performance on jobs of similar size and scope to be satisfactory. Ruiz Concrete & Paving,
Inc. has performed similar work for several agencies throughout Southern California,
including the City of Lawndale, City of West Hollywood, and La Habra. Their bid, bonds, and
insurance documents are in order and their contractor's license is current.
Construction Management, Inspection, and Materials Testing
To ensure first-class work, materials, and workmanship during construction, construction
management and inspection services are needed to oversee construction activities and
verify specification compliance. Staff solicited proposals through the RFP process, and
Anderson Penna Partners was selected as the preferred consultant, based on the project
team's qualifications, extensive experience, and institutional knowledge through working on
past projects in the City. The cost for this project's construction management and inspection
services will be $13,125.
ALTERNATIVE
The alternative is to reject all bids and re -advertise the construction project. This alternative
could take approximately two months to complete and may result in an increase in bid prices.
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FISCAL IMPACT
The recommended action will result in a total project authorized expenditure of $75,907.45.
Funding for the project will be expended from the Community Development Block Grant
program of the FY14-15 budget. This project was budgeted in FY2013-14 and was
subsequently carried over to the FY2014-15 budget as a continuing appropriation. The City
Attorney has reviewed and approved the construction contract and professional services
agreements.
Amount Budgeted: $ 91,918
Additional Appropriation: NIA
Account Number(s): 310-3097-461-7300
Attachments:
Attachment A: Project Location Map (page 4)
Attachment B: Construction Contract — Ruiz Concrete & Paving, Inc.(page 6)
Attachment C: Professional Services Agreement — Anderson Penna Partners, Inc. (page 49)
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Attachment A
CATALI NA
0
CHECKLIST FOR EXECUTION OF CONSTRUCTION CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:
Two Executed Notarized Copies of the Contract (Attached)
! Payment Bond in Amount of Contract (Attached)
1 Performance Bond in Amount of Contract (Attached)
Ci Workers Compensation Certificate (Attached)
i_J All Insurance Certificates in the amounts required, Naming the City as a Co-insured
Fi Agreement to Comply with California Labor Law Requirements (Attached)
Business License with the City of Rancho Palos Verdes
Indemnification and Hold Harmless Agreement (Attached)
[: Additional Insured Endorsement - Comprehensive General Liability (Attached)
C � Additional Insured Endorsement - Automobile Liability (Attached)
1 Additional Insured Endorsement - Excess Liability (Attached)
Statement Acknowledging Penal & Civil Penalties Concerning ContractorsLicensing
Laws (Attached)
[_ Non -Segregated Facilities Certification (Attached)
C Equal Employment Opportunity Commitment (Attached)
F1 U.S. Department of Housing and Urban Development Report of Additional Classification
and Rate (HUD Form 4230A) (Attached)
U Past Performance Certification (Attached)
FJ Fringe Benefit Payment Certification (Attached)
11 Los Angeles County Lobbyist Certification (Attached)
[i Federal Lobbyist Requirements Certification (Attached)
R6876-0010\1817323v2.doc G
CITY OF RANCHO PALOS VERDES
AGREEMENT FOR ADA ACCESS RAMPS AND
SIDEWALK IMPROVEMENTS ON MIRA CATALINA
(Community Development Block Grant Project #601561-13)
THIS AGREEMENT (the "Agreement") is made and entered this 18th day of August, 2015, by and
between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Ruiz
Concrete and Paving, Inc. ("Contractor"). Contractor's license number is 966395.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment
and services in a good and workmanlike manner for the project identified as ADA ACCESS RAMPS AND
SIDEWALK IMPROVEMENTS ON MIRA CATALINA ("Project"), as described in this Agreement and in
the Bid Documents (including the Notice Inviting Sealed Bids, the Instructions to Bidders, the General
Provisions, the Special Provisions, the Proposal, Appendices I through V, and all addenda as prepared
prior to the date of bid opening setting forth any modifications or interpretations of any said documents),
which are on file with the Department of Public Works and incorporated herein by this reference, including
miscellaneous appurtenant work. All work shall be performed in accordance with the latest edition of the
Standard Specifications for Public Works Construction (commonly known as the "Greenbook"), including
supplements, prepared and promulgated by the Southern California Chapter of the American Public
Works Association and the Associated General Contractors of California (collectively "Standard
Specifications"), which is incorporated herein by this reference. In the event of any conflict between the
terms of this Agreement and incorporated documents, the terms of this Agreement shall control.
2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by
the Contractor, shall be paid for underwritten work order in accordance with the terms therein provided.
Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing
between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon
report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by both
parties, and said daily report shall be considered thereafter the true records of extra work done.
3. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full
force and effect until Contractor has rendered the services required by this Agreement.
4. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance
under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of
the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor
stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such
causes. Neither economic nor market conditions nor the financial condition of either party shall be
considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly
in writing of each such excusable delay, its cause and its expected delay, and shall upon request update
such notice.
5. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a
not to exceed amount of Fifty Eight Thousand eight hundred eighty two dollars and forty-five cents
($58,882.45) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as
Exhibit "A" and incorporated herein by this reference.
6. Payments. City shall make payments within thirty (30) days after receipt of undisputed and
properly submitted payment requests from Contractor. City shall return to Contractor any payment
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request determined not to be a proper payment request as soon as practicable, but not later than
seven (7) days, after receipt and shall explain in writing the reasons why the payment request is not
proper,
A payment shall be made as the City Council of the City prescribes upon estimates approved by
the City Council. However, progress payments shall not be made in excess of ninety-five percent (95%)
of the percentage of actual work completed plus a like percentage of the value of material delivered on
the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold not
less than five percent (5%) of the Agreement price until final completion and acceptance of the Project.
However, at any time after fifty percent (50%) of the work has been completed, if the City Council of the
City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining
progress payments in full for actual work completed,
7. Substitute Security.
a. At the written request and expense of Contractor, securities equivalent to any moneys
withheld by the City to ensure performance under this Agreement shall be deposited with the City, or with
a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those
moneys to Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned
to Contractor.
b. Alternatively, Contractor may request that the City shall make payment of retentions
earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor,
Contractor may direct the investment of the payments into securities, and Contractor shall receive the
interest earned on the investments upon the same terms provided for securities deposited by Contractor.
Upon satisfactory completion of the Agreement, Contractor shall receive from the escrow agent all
securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of
this Section.
C. Securities eligible for investment shall include those listed in California Government Code
Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit
accounts, standby letters of credit, or any other security to which Contractor and the City mutually agree
in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and
shall receive any interest thereon.
d. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall,
at the request of any subcontractor performing more than five percent (5%) of Contractor's total bid, make
that option available to the subcontractor regarding any moneys withheld in retention by Contractor from
the subcontractor. Further mandatory details are provided in Public Contract Code Section 22300(d),
which is incorporated herein by this reference.
e. The escrow agreement for security deposits in lieu of retention shall be substantially
similar to the form provided in Public Contract Code Section 22300(f), which is incorporated herein by
this reference.
8. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and
other taxes imposed by local, State of California and federal law. These payments are included in the
total amounts in Exhibit "B."
9. Time, Upon receipt of written Notice to Proceed from the City, Contractor shall perform with due
diligence the services requested by the City as specified in the Bid Documents. Time is of the essence
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in this Agreement.
10. Unresolved Disputes. In the event that a dispute arises between the City and Contractor
regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or
increase in Contractor's cost of or time required for performance of any part of the work, Contractor shall
notify City promptly of its intention to submit a claim. If the dispute arises before performance of the
related work, the written notice shall be submitted prior to commencing such work. In any event, the
Contractor shall proceed with such work in compliance with the instructions of the City; such compliance
shall not be a waiver of the Contractor's rights to make a claim, provided they have notified the City in
writing as above stipulated. In the event of any dispute or controversy with the City over any matter
whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the
performance of the work in dispute. This includes disputed time extension requests and prices for
changes. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be
as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed
records of all disputed work, claims and other disputed matters. Public Contract Code Sections 20104
et seq. and Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City") shall govern
the procedures of the claim process, and these provisions are incorporated herein by this reference.
11. Default and Remedies.
a. Default shall consist of any failure by the Contractor to perform under this Agreement or
written amendments thereto or any breach of any covenant, agreement, provision or warranty provided
by the Contractor as a part of this Agreement. Actions which constitute a default include, but are not
limited to: (1) failure to submit to the City reports which are required pursuant to this Agreement or the
submission of required reports that are incorrect or incomplete; (2) submission of requests for payment
or reimbursement of amounts that are incorrect or incomplete; (3) the failure of Contractor to accept any
additional conditions which may be required by law, by executive order, by regulation or by other policy
announced by the City, the state or any federal agency; or (4) failure to perform any activity required by
this Agreement.
b. Upon occurrence of any default, the City shall advise Contractor in writing of the action
constituting the default, and specify the actions that must be taken to cure the default. The City may
suspend payment under the Agreement. If Contractor does not cure the default within thirty (30) days of
receipt of written notice from the City, the City may continue the suspension or, by written notice of
termination, may terminate this Agreement.
C. Notwithstanding the above, Contractor shall not be relieved of liability to the City for
damage sustained by the City by virtue of any default or breach of the Agreement, and the City may
deduct the amount of damages from any outstanding payments to Contractor or may withhold payments
until such time as the exact amount of the damages is determined.
12. Termination.
a. The City may cancel this Agreement at any time with or without cause without penalty
upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay
Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be
in full satisfaction of all services rendered hereunder.
b. If federal funding for this Agreement is terminated and no other funding is available for
continuation of this project, the City will not be obligated to continue funding for the services contained in
this Agreement and may terminate the Agreement.
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C. In the event of termination, all property and finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs and reports prepared by or purchased with
CDBG/HOME funds by the Contractor under this Agreement shall, at the option of the City, become the
City's property, and Contractor shall be entitled to receive just and equitable compensation, as
determined by the City, for any work satisfactorily completed hereunder.
13. Indemnity.
a. Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend,
indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents,
successors, assigns, and those City agents serving as independent contractors in the role of City officials
(collectively "Indemnitees") from and against any and all claims (including, without limitation, claims for
bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action,
proceedings, suits, losses, bid protests, stop notices, judgments, fines, liens, penalties, liabilities, costs
and expenses of every kind and nature whatsoever, in any manner arising out of or incident to any act,
failure to act, error or omission of Contractor or any of its officers, agents, servants, employees,
subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising out of the
Agreement, including without limitation, the payment of all consequential damages, attorneys' fees,
experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims").
Further, Contractor shall appoint competent defense counsel approved by the City Attorney at
Contractor's own cost, expense and risk, to defend any and all such Claims that may be brought or
instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may
be rendered against Indemnitees in any such Claim. Contractor shall reimburse Indemnitees for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims
regardless of whether any insurance policies are applicable.
b. Bid Protests. In addition to its obligations pursuant to Section 13(a), Contractor shall
reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or
incident to any bid protest.
C. Civil Cade Exception. Nothing in Section 13(a) shall be construed to encompass
Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is
subject to Civil Code section 2782(a) or the City's active negligence to the limited extent that the
underlying Agreement is subject to Civil Code section 2782(b).
d. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may
possess against Contractor because the acceptance by City, or the deposit with City, of any insurance
policy or certificate required pursuant to this Agreement. This indemnity provision is effective regardless
of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to
fully indemnify Indemnitees against any such negligence.
e. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming
under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees,
while acting within the scope of their duties, from all Claims arising out of or incident to the activities or
operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent
active or passive negligence by Indemnitees.
f. Survival. The provisions of this Section 13 shall survive the termination of this Agreement
and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment
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is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision,
and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision.
14. Incorporation by Reference. All of the following documents are attached hereto and incorporated
herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments;
Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers'
Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General
Liability); Additional Insured Endorsement (Automobile Liability); Additional Insured Endorsement
(Excess Liability); Non-Segregated Facilities Certification; Equal Employment Opportunity Commitment;
U.S. Department of Housing and Urban Development Report of Additional Classification and Rate (HUD
Form 4230A); U.S. Department of Labor Employment Standards Administration Wage and Hour Division
Payroll; Contracting with Small Business Minority Firms, Women's Business Enterprise and Labor
Surplus Area Firms; Federal Equal Employment Opportunity/Affirmative Action Requirements; Past
Performance Certification; and Fringe Benefit Payment Certification.
15. Record-Keeping and Reporting.
a. Records to be KeL2 . Records shall be maintained in accordance with the requirements
prescribed by the Secretary of Housing and Urban Development ("HUD") or the County of Los Angeles
(the "County") with respect to all matters covered by this Agreement. Except as otherwise authorized by
HUD, such records shall be maintained for a period of five (5) years after receipt of the final payment
under this Agreement. Additionally, pursuant to Government Code Section 8546.7, Contractor shall be
subject to State Auditor examination and audit at the request of the City or as part of any audit of the City,
for a period of three (3) years after final payment under this Agreement.
b. Documeotation of Costs. All costs shall be supported by properly executed payrolls, time
records, invoices, contracts, vouchers, orders or other accounting documents. All documents pertaining
in whole or in part to this Agreement shall be clearly identified and readily accessible.
C. Inspection of Records. At any time during normal business hours and as often as City,
County, HUD and/or the Comptroller General of the United States may deem necessary, the Contractor
shall make available to any of these entities for examination all of its records, with respect to all matters
covered by this Agreement, and will permit any of these entities to audit, examine and make excerpts or
transcripts from such records, including contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and any other data relating to matters covered by this Agreement.
16. Lobbying Certifications. The Los Angeles County Lobbyist Code Chapter 2.160 County
Ordinance No. 93-0031 Certification and the Federal Lobbyist Requirements Certification are attached
hereto and incorporated herein by this reference. Consultant shall complete and file these Certifications
as required by the City or the County.
17. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and
incorporates that section herein by this reference.
18. Location of Existing Elements. The methods used and costs involved to locate existing elements,
points of connection and all construction methods are the Contractor's sole responsibility. Accuracy of
information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole
expense, must make all investigations necessary to determine locations of existing elements, which may
include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing
specialized locating equipment and/or hand trenching.
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19. Antitrust Claims. Pursuant to Public Contract Code Section 7103.5, Contractor offers and agrees
to assign to the City all rights, title, and interest in and to all causes of action it may have under Section
4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with
Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from
purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made
and become effective at the time the City tenders final payment to Contractor without further
acknowledgment by the parties.
20. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly
independent contractor. Neither the City nor any of its agents shall have control over the conduct of
Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to
dispose of all portions of its time and activities which it is not obligated to devote to the City in such a
manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided
in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of
the City, bind the City in any manner, or otherwise act on behalf of the City as an agent. Contractor shall
not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any
manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts
paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all
taxes, assessments, penalties, and interest asserted against the City by reason of the independent
contractor relationship created by this Agreement. Contractor shall fully comply with the workers'
compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and
hold the City harmless from any failure of Contractor to comply with applicable workers' compensation
laws. The City shall have the right to offset against the amount of any compensation due to Contractor
under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay
to the City any reimbursement or indemnification arising under this Section.
21. Workers' Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that
every contractor will be required to secure the payment of compensation to its employees. In accordance
with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to under take
self-insurance in accordance with the provisions of that code, and I will comply with
such provisions before commencing the performance of the work of this contract."
22. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting
Fair Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by this
reference.
23. Debarred, Suspended or Ineligible Contractors. Contractor shall not be, and shall ensure all
subcontractors are not, debarred, suspended or placed in eligibility status under the provisions of 24
C.F.R. Part 24 throughout the duration of this Agreement. Contractor shall not perform work with
debarred subcontractor pursuant to California Labor Code sections 1777.1 or 1777.7.
24. Anti -Discrimination. Contractor shall adhere to all federal discrimination requirements, including
Executive Order 11246, as listed in the Federal Discrimination Provisions, which is attached hereto and
incorporated herein by this reference. Contractor shall also adhere to the Equal Employment Opportunity
Regulations for Federally Assisted Construction Contracts, which is attached hereto and incorporated
herein by this reference. Contractor shall ensure equal opportunity to all persons without regard to race,
color, gender, sexual orientation, religion, national origin, ancestry, age, marital status, or disability.
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25. Conflicts of Interest.
a. Contractor agrees not to accept any employment or representation during the term of this
Agreement or within twelve (12) months after completion of the work under this Agreement which is or
may likely make Contractor "financially interested," as provided in Government Code Section 1090 and
87100, in any decisions made by City on any matter in connection with which Contractor has been
retained pursuant to this Agreement.
b. No official, officer, employee, or agent of the City or Contractor shall have any financial
interest, direct or indirect, in any contract or subcontract, orthe proceeds thereof, forwork to be performed
in connection with the program assisted under this Agreement. Immediate family members of said
officials, officers, employees, and agents are similarly barred from having any financial interest in the
program.
C. No person who exercises, or has exercised any function or responsibilities with respect to
CDBG activities, or who is in a position to participate in a decision making process or gain inside
information with regards to such activities, may obtain a financial interest or benefit from a CDBG-assisted
activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-
assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their tenure or for one year
thereafter.
d. Contractor shall take appropriate steps to assure compliance with paragraph (b) of this
Section and will incorporate the following provision into every subcontract:
"Interest of Subcontractor and Employees. The Subcontractor covenants that no
person who presently exercises any functions or responsibilities in connection with
the Community Development Block Grant Program has any personal financial
interest, direct or indirect, in this Contract. Any interest on the part of the
Subcontractor or his employees must be disclosed to the Recipient and the City,
provided, however, that this paragraph shall be interpreted in such a manner so as
not to unreasonably impede the statutory requirement that maximum opportunity be
provided for employment of and participation by residents of the area."
26. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim
relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third -party
claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing
this notice.
27. Davis -Bacon Act, Copeland Anti -Kickback Act, and Prevailing Wages. City and Contractor
acknowledge that this project is a public work to which prevailing wages apply. City and Contractor
acknowledge that this is a federally assisted construction contract and that federal labor standards
provisions, including prevailing wage requirements of the Davis -Bacon Act ((40 U.S.C. 276 a to a.7) as
supplemented by Department of Labor Regulations (29 CFR Part 5)) and related acts, are incorporated
by this reference and will be enforced. Contractor understands that in the event of a conflict between the
Federal General Wage Decision as established by the United States Department of Labor (available at
www.access.gpo.gov/davisbacon/ca.htm1) and the State General Prevailing Wage Determination as
established by the California Department of Industrial Relations (available at
http://www.dir.ca.gov/DLSR/PWD/index.htm), the higher of the two will prevail. The rates per diem for
each type of worker are on file with the Public Works Director at City Hall at the address listed below, and
are available to anyone upon request. The documents titled U.S. Department of Housing and Urban
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Development Office of Labor Relations Federal Labor Standards Provisions and Agreement to Comply
with California Labor Law Requirements are attached hereto and incorporated herein by this reference.
Eight hours of labor constitutes a legal day's work. The Copeland "Anti-Kick Back Act" (18 U.S.C. 876),
as supplemented in Department of Labor regulations (29 CFR Part 3), shall apply, and Contractor shall
not induce, by any means, any person employed in this Project to give up any part of the compensation
to which he or she is otherwise entitled.
28. Contract Work Hours and Safety Standards Act. In employing mechanics or laborers, Contractor
shall comply with the Contract Work Hours and Safety Standards Act (40 USC §§ 327 et seq.), as
supplemented by Department of Labor Regulations contained in 29 C.F.R. Parts 3, 5 and 5a. Contractor
shall not require or permit any laborer or mechanic, in any workweek in which the laborer or mechanic is
employed on that work, to work more than forty (40) hours in that workweek, except as provided in the
Contract Work Hours and Safety Standards Act. When a violation occurs, Contractor is liable to the
affected employee for the employee's unpaid wages and to the City for liquidated damages equal to ten
dollars ($10) for each calendar day on which the individual was required or permitted to work in excess
of the standard workweek without payment of the overtime wages required by this chapter.
29. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws,
ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement,
including those governing the funds provided under this Agreement.
30. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount that
is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be
read to excuse this requirement. The required forms entitled Payment Bond (Labor and Materials) and
Performance Bond are attached hereto and incorporated herein by this reference. Contractor shall also
obtain a one-year warranty bond in an amount that is not less than the total compensation amount of this
Agreement and in a form approved by the City Attorney and shall deliver this bond to the City before the
City's acceptance of the project; alternatively, the Contractor shall submit written evidence from the surety
of an extension to its performance bond, to be effective for a year after acceptance by the City, and shall
submit this extension before the City's acceptance of the Project.
31. Ownershipof f Documents and Work Product.
a. All final documents, plans, specifications, reports, information, data, exhibits,
photographs, images, video files and media created or developed by CONSULTANT pursuant to this
Agreement ("Written Products") shall be and remain the property of the CITY without restriction or
limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered
"works made for hire," and all Written Products and any and all intellectual property rights arising from
their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain
the property of the CITY without restriction or limitation upon their use, duplication or dissemination by
the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written
Products. CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property
rights to the Written Products that are not otherwise vested in the CITY pursuant to this paragraph.
b. CONSULTANT warrants and represents that it has secured all necessary licenses,
consents or approvals to use any instrumentality, thing or component as to which any intellectual property
right exists, including computer software, used in the rendering of the services and the production of all
Written Products produced under this Agreement, and that the CITY has full legal title to and the right to
reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY, and its
elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as
independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way
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related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws,
or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights,
patents or other means of protecting intellectual property rights and/or interests in products or inventions.
CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or
trademarked documents, materials, equipment, devices or processes in connection with its provision of
the services and Written Products produced under this Agreement. In the event the use of any of the
Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and
the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the
right to continue using the Written Products and other deliverables by suspension of any injunction, or by
procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that
they become non -infringing while remaining in compliance with the requirements of this Agreement. This
covenant shall survive the termination of this Agreement.
C. Upon termination, abandonment or suspension of the Project, the CONSULTANT shall
deliver to the CITY all Written Products and other deliverables related to the Project without additional
cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT
shall provide CITY with said document both in a printed format and in an electronic format that is
acceptable to the CITY.
32. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor
is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform
the services in accordance with the terms and conditions set forth in this Agreement; b) there are no
obligations, commitments, or impediments of any kind that will limit or prevent its full performance under
this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of
any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor nor
its personnel have been convicted of a felony.
33. Non -Assignability: Subcontracting. Contractor shall not assign or transfer any interest in this
Agreement nor any part thereof, whether by assignment or novation, without the City's prior written
consent. Any purported assignment without written consent shall be null, void, and of no effect, and
Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees,
agents and representatives with respect to any claim, demand or action arising from or relating to any
unauthorized assignment.
34. Applicable Law. The validity, interpretation, and performance of this Agreement shall be
controlled by and construed under the laws of the State of California, excluding California's choice of law
rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior
Court.
35. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit
or describe the scope or intent of this Agreement or any part of it.
36. Authority. The person executing this Agreement on behalf of Contractor warrants and represents
that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority
to bind Contractor to the performance of its obligations hereunder.
37. Entire Agreement. This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between City and Contractor. This
Agreement supersedes all prior oral or written negotiations, representations or agreements.
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38. Amendment. The City or Contractor may only modify or amend this Agreement or any provision
herein in a writing signed by both parties which expressly refers to this Agreement. The City may, at its
discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies
and available funding amount, or for other reasons. If such amendments result in a change in the funding,
the scope of services, or schedule of the activities to be undertaken as a part of this Agreement, such
modifications will be incorporated only by written amendments signed by both the City and Contractor.
39. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of
any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation
providing for interpretation against the party who causes the uncertainty to exist or against the party who
drafted the Agreement or who drafted that portion of the Agreement.
40. Non -waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the
conditions of performance under this Agreement shall not be a waiver of any other condition of
performance under this Agreement. In no event shall the making by the City of any payment to Contractor
constitute or be construed as a waiver by the City of any breach of covenant, or any default which may
then exist on the part of Contractor, and the making of any such payment by the City shall in no way
impair or prejudice any right or remedy available to the City with regard to such breach or default.
41. Notice. Except as otherwise required by law, any notice or other communication authorized or
required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if
delivered by hand or overnight courier service during Contractor's or City's regular business hours or (b)
on the third business day following deposit in the United States mail, postage prepaid, to the addresses
listed below, or at such other address as one party may notify the other:
To CITY:
Mr. Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
To CONTRACTOR:
The address listed in Exhibit "A."
42. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or
both, each of which is deemed to be an original for all purposes.
43. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall
continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and
year first above written.
(signatures on next page)
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ATTEST:
City Clerk
CITY OF RANCHO PALOS VERDES
0
Mayor
CONTRACTOR:
By:
Printed Name:
Date:
By:
Printed Name:
Date:
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CITY OF RANCHO PALOS VERDES
INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS
THIS IS INSTRUCTION ONLY — IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE
AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO
PALOS VERDES — IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS.
By an Individual. The individual must sign the instrument, and if he/she is doing business under
a fictitious name, the fictitious name must be set forth. The signature must be acknowledged
before a Notary Public, using the proper form of acknowledgment.
2. By a Partnership. The name of the partnership must be set forth followed by the signatures of all
of the partners. The signatures must be acknowledged before a Notary Public using the proper
form of acknowledgment.
3. By an LLC. The name of the LLC must be set forth, followed by the signatures of two corporate
officers: one signature must be from the Chairperson of the Board, the President or any Vice
President, and the other signature must be from the Secretary, any Assistant Secretary, the Chief
Financial Officer, or any Assistant Treasurer of the LLC. Alternatively, the name of the LLC must
be set forth, followed by the signature(s) of a member, manager or two managers with authority
to bind the LLC if he, she or they submit a copy of the articles of organization and highlight the
provision stating who manages the LLC or otherwise has authority to bind the LLC. In either case,
all sianatures must be acknowledged before a Notary Public, using in substance the following
form of acknowledgment.
4. By a Corporation. The name of the corporation must be set forth, followed by the signatures of
two corporate officers: one signature must be from the Chairperson of the Board, the President
or any Vice President, and the other signature must be from the Secretary, any Assistant
Secretary, the Chief Financial Officer, or any Assistant Treasurer of the corporation. All signatures
must be acknowledged before a Notary Public, using in substance the following form of
acknowledgment.
If any person or entity wishes to sign the Agreement or any other forms that must be signed in a manner
other than as required above, that person or entity must first submit to the City for approval documentation
evidencing the authority to bind the individual, partnership or corporation in the alternative manner
proposed.
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INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES
PUBLIC WORKS CONTRACT
The Contractor shall at all times, during the term of this contract, carry, maintain and keep in full
force and effect, a policy or policies of comprehensive public liability insurance with an insurance
company admitted to write insurance in California, or carriers with a rating of, or equivalent to,
A:VII by A. M. Best & Company to, and approved by, the Director of Public Works and City
Attorney, within minimum limits of one Million Dollars ($1,000,000.00) combined single limit
coverage with an aggregate of Two Million Dollars ($2,000,000.00) against any injury, death, loss
or damage as a result of wrongful or negligent acts or omissions by the Contractor, its officers,
employees, agents, and independent contractors in performance of services under this
agreement; (2) Automotive liability insurance with a minimum combined single limits coverage of
One Million Dollars ($1,000,000.00) with an aggregate of Two Million Dollars ($2,000.000.00);
and (3) workers' compensation insurance as required by law. The contractor shall at all times
during the term of this contract carry, maintain and keep in full force and effect a policy or policies
of workers' compensation insurance and shall provide to the City evidence of such coverage in
the form set forth herein. The City, its officers, employees, attorneys, and volunteers shall be
named as additional insured on the policy(ies) as to comprehensive general liability, automotive
liability, and worker's compensation coverages.
a) All insurance policies shall provide that the insurance coverage shall not be non -renewed,
canceled, reduced, or otherwise modified (except through the addition of additional
insured to the policy) by the insurance carrier without the insurance carrier giving the City
thirty (30) day's prior written notice thereof. The Contractor agrees that it will not cancel,
reduce, or otherwise modify said insurance coverage.
b) The Contractor agrees that if it does not keep the aforesaid insurance in full force and
effect, and such insurance is available at a reasonable cost, the City may take out the
necessary insurance and the pay the premium thereon, and the repayment thereof shall
be deemed an obligation of the Contractor and the cost of such insurance may be
deducted, at the option of the City, from payments due to the Contractor.
C) The Contractor shall submit to the City (1) insurance certificate indicating compliance with
the minimum worker's compensation insurance requirements above, and (2) insurance
policy endorsements above, not less than one (1) day prior to beginning of performance
under this Agreement. Endorsements must be executed on the City's appropriate
standard forms entitled "Additional Insured Endorsement," copies of which are attached
hereto.
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i• • •
PAYMENT BOND
(LABOR AND MATERIALS)
WHEREAS the City of Rancho Palos Verdes, California ("Public Agency") has awarded to
(Name and address of Contractor)
("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work
described as follows:
ADA ACCESS RAMPS AND SIDEWALK IMPROVEMENTS ON MIRA CATALINA
(Community Development Block Grant Project #601561-13)
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code before
entering upon the performance of the work to file a good and sufficient payment bond with the Public
Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of
Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and
other persons employed in the performance of the Contract and referred to in Title 3 (commencing with
Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of
Dollars ($ ) (the "Penal Sum"), this amount being not less than one
hundred percent (100%) of the total Contract price, in lawful money of the United States of America, for
materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the
amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the
face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the Public Agency in successfully enforcing this obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,
companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part
6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
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The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the
terms of the agreement or the specifications accompanying the same shall in any manner affect its
obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or
addition. Surety hereby waives the provisions of California Civil Code sections 2845 and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date
set forth below, the name of each corporate party being hereto affixed and these presents duly signed
by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal" "Surety"
By: By:
Its Its
By: By:
Its Its
(Seal)
(Seal)
APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM:
AMOUNT
M
RICHARDS, WATSON & GERSHON
A Professional Corporation
Insurance Administrator By:
Public Agency Attorney
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any
person signing as attorney-in-fact must be attached.
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PERFORMANCE BOND
WHEREAS the City of Rancho Palos Verdes, California ("Public Agency") has awarded to
(Name and address of Contractor)
("Principal"), a contract (the "Contract") for the work described as follows:
ADA ACCESS RAMPS AND SIDEWALK IMPROVEMENTS ON MIRA CATALINA
(Community Development Block Grant Project #601561-13)
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of
Dollars ($ ) in lawful money of the United States of
America, this amount being not less than the total Contract price, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or
its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in the
Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed, all within the time and in the manner therein specified, and in all respects according to their
true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents,
and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall
be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred
by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the agreement or to the work to be performed thereunder or the specifications accompanying
the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications. Surety hereby waives the provisions of California Civil Code sections 2845 and 2849.
The City is the principal beneficiary of this bond and has all rights of a party hereto.
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IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date
set forth below, the name of each corporate party being hereto affixed and these presents duly signed
by its undersigned representatives) pursuant to authority of its governing body.
Dated:
"Principal" "Surety"
2
Its
Its
(Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
M
Insurance Administrator
M
By:
Its
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
M
Public Agency Attorney
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any
person signing as attorney-in-fact must be attached
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WORKERS' COMPENSATION
Certificate of Insurance
WHEREAS, the City of Rancho Palos Verdes has required certain insurance to be provided by:
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy
or policies described below to the following named insured and that the same are in force at this time:
1. This certificate is issued to:
City of Rancho Palos Verdes
City Hall
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
2. The insured under such policy or policies are:
3. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of
California covering all operations of the named insured as follows:
Policy Number Effective Date Expiration Date
4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits
of liability, unless and until thirty days' written notice thereof has been served upon the City Clerk
of the City of Rancho Palos Verdes
M
Its Authorized Representative
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AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and
the City, to which this Agreement to Comply with California Labor Law Requirements is attached and
incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with
Section 1720) of the California Labor Code ("Chapter 1"), and that this Agreement is subject to (a)
Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations
established by the Director of Industrial Relations ("DIR") implementing such statutes. Contractor shall
perform all work on the project as a public work. Contractor shall comply with and be bound by all the
terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The
inclusion of such specific provisions below, whether or not required by California law, does not alter the
meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each
craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be
made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR
determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job
site covered by this Agreement.
4. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and
1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for
each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this
Agreement by Contractor or by any subcontractor.
5. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which
among other things requires Contractor and each subcontractor to (1) keep accurate payroll records and
verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make
such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the
location of the records.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5,
1777.6 and 1777.7 and California Administrative Code title 8, section 200 of seq. concerning the
employment of apprentices on public works projects. Contractor shall be responsible for compliance with
these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this
Agreement, Contractor shall provide City with a copy of the information submitted to any applicable
apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement,
Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman
and apprentice hours performed under this Agreement.
7. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor
shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound
by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours.
The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed
in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day
during which such worker is required or permitted to work more than eight (8) hours in any one (1)
calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2,
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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 (1)
week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8)
hours per day at not less than one and one-half (1-112) times the basic rate of pay.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees. In accordance with the provisions of California
Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
9. For every subcontractor who will perform work on the project, Contractor shall be
responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and
3700, and Contractor shall include in the written contract between it and each subcontractor a copy of
those statutory provisions and a requirement that each subcontractor shall comply with those statutory
provisions. Contractor shall be required to take all actions necessary to enforce such contractual
provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic
review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the
subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently
take corrective action to halt or rectify any failure.
10. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and
defend (at Contractor's expense with counsel reasonably acceptable to the City) the City, its officials,
officers, employees, agents and independent contractors serving in the role of City officials, and
volunteers from and against any demand or claim for damages, compensation, fines, penalties or other
amounts arising out of or incidental to any acts or omissions listed above by any person or entity
(including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in
connection with any work undertaken or in connection with the Agreement, including without limitation
the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All
duties of Contractor under this Section shall survive termination of the Agreement.
Date:
Signature 1:
Signature 2:
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No. or description.
Indemnitor(s) (list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend,
protect, indemnify, and hold harmless the City of Rancho Palos Verdes and its elected officials, officers,
attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and
against any and all damages, costs, expenses, liabilities, claims, demands, causes of action,
proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees
of accountants, attorneys, or other professionals and all costs associated therewith (collectively
"Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or
related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants,
employees, subcontractors, material persons, suppliers or their officers, agents, servants or employees,
arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the
above -referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure
to perform any term, provision, covenant, or condition of the Agreement, including this indemnity
provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active
or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such
negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to
any other rights or remedies which Indemnitees may have under the law. Payment is not required as a
condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of
judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under
this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in
enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall
be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent
that the underlying Agreement is subject to Civil Code 2782(a) or (b) the contracting public agency's
active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b).
This indemnity is effective without reference to the existence or applicability of any insurance coverage
which may have been required under the Agreement or any additional insured endorsements which may
extend to Indemnitees.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from
all claims, losses and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence
by the Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all
obligations, liabilities, covenants and conditions under this instrument shall be joint and several.
C-21
R6876-001 0\1 817323v2.doc 26
"Indemnitor"
Name:
By:
Its
Name:
L�
Its
C-22
R6876-001 0\1 817323v2.doc 27
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured ("Named Insured"):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity (ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insured (the above named additional insured are hereafter referred to as the "Additional
Insured") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured. The Additional Insured have no liability for
the payment of any premiums or assessments under the Policy.
2. The insurance coverage afforded the Additional Insured under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute
with the insurance coverage provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy. All such claims shall be covered
as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured:
Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability
as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insured.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this notice
requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insured, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insured.
C-23
R6876-0010\1 81 732M.doc 28
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City of Rancho Palos Verdes
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD
THIS ENDORSEMENT ATTACHES FROMrTO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverage. Includes:
❑ Contractual Liability
❑ Owners/Land lords/Tenants
❑ Manufacturers/Contractors
❑ Products/Completed Operations
❑ Broad Form Property Damage
❑ Extended Bodily Injury
❑ Broad Form Comprehensive
General Liability Endorsement
❑ Explosion Hazard
❑ Collapse Hazard
❑ Underground Property Damage
❑ Pollution Liability
❑ Liquor Liability
El
❑
12, A ❑ deductible or ❑ self-insured retention (check one) of $
applies to all coverage(s) except:
(if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of
Policy Number
I, (print name), hereby declare
under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed
Telephone No.: ( )
20
Signature of Authorized Representative
(Original signature only; no facsimile signature or initialed signature accepted)
C-24
R6876-0010\1817323v2.doc 29
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
The
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insured (the above named additional insured are hereafter referred to as the "Additional
Insured") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named insured. The Additional Insured have no liability for
the payment of any premiums or assessments under the Policy.
2. The insurance coverage afforded the Additional Insured under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute
with the insurance coverage provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy. All such claims shall be covered
as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured.
Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability
as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the
Additional Insured.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this notice
requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insured, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insured.
C-25
R6876-001 0\1 81 732M.doc 30
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverage. Includes:
❑ Any Automobiles
❑ All Owned Automobiles
❑ Non -owned Automobiles
❑ Hired Automobiles
❑ Scheduled Automobiles
❑ Garage Coverage
❑ Truckers Coverage
❑ Motor Carrier Act
❑ Bus Regulatory Reform Act
❑ Public Livery Coverage
a
❑
12. A ❑ deductible or ❑ self-insured retention (check one) of $
applies to all coverage(s) except: _(if none, so state). The deductible is applicable G per claim or G
per occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number
I, (print name), hereby declare
under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20_
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
C-26
R6876-001 0\1 817323v2.doc 31
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "
C-27
R6876-001 0\1 81 7323v2.doc 32
Exhibit "A"
PROPOSAL
CITY OF RANCHO PALOS VERDES
ADA ACCESS RAMPS AND SIDEWALK IMPROVEMENTS ON MIRA CATALINA
(Community Development Block Grant Project #601561-13)
TO THE DIRECTOR OF PUBLIC WORKS CITY OF RANCHO PALOS VERDES
The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any other
person, firm or corporation, and that the only persons or parties interested as principals are those named
herein; (2) bidder has carefully examined the project plans, specifications, instructions to bidders,
proposal, notice to contractors and all other information furnished therefore and the site of the proposed
work; (3) bidder has investigated and is satisfied as to the conditions to be encountered, the character,
quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees
that submission of this proposal shall be conclusive evidence that such examination and investigation
have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with
the CITY OF RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans,
if any, and the terms of the specifications, in the time and manner therein prescribed, and to furnish or
provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except
such thereof as may otherwise be furnished or provided under the terms of said specifications, for the
following stated unit prices or lump -sum price as submitted on the Schedule attached hereto;
The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety
Record.
t (r> ca,
Accompanying this proposal is _ ' 2',13 (Insert) "Cashier's
Check," "certified check," or "Bid Bond," as the case may be) in mount equal to at least ten percent
(10%) of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted
in the Bid Sheets.
The undersigned further agrees that should he/she be awarded the contract on the basis hereof and
thereafter, defaults in executing the required contract, with necessary bonds and documents, within ten
(10) days, not including Sundays and legal holidays, after having received notice that the contract has
been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become
the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof
may be considered null and void.
Licensed in accordance with an act providing for the registration of contractors, California Contractor's
License No. 96 '1 , Class , Expiration Date _ 1�'' 3�,l els
Signature(s) of
If an individual, so state. If a firm or rho-ISartnership, state the firm name and give the names of all
individual co-partners composing the firm. If a corporation, state legal name of corporation, also names
of president, secretary, treasurer, and manager thereof. Two notarized officer's signatures and the
corporate seal are required for corporations.
Legal Business Name: V 2 r �+
Address: 'Tevv-ole A.t
Telephone: (--caa--\ (`("4 "-"3�'7r)
P-1
R6876-001011817323v2.doc
33
Exhibit "A"
Contact:_
Proposals which do not show the number and date of the Bidder's License under the provisions of
Chapter 9 of Division 3 of the Business & Professional Code will be rejected.
To be submitted with each bid to contract for the ADA ACCESS RAMPS AND SIDEWALK
IMPROVEMENTS ON MIRA CATALINA (Community Development Block Grant Project #601561-13)
Bid Date:
This information must include all construction work undertaken In the State of California by the bidder
and partnership joint venture or corporation that any principal of the bidder participated in as a principal
or owner for the last five calendar years and the current calendar year prior to the date of bid submittal.
Separate information shall be submitted for each particular partnership, joint venture, corporate or
individual bidder. The bidder may attach any additional information or explanation of data which bidder
would like to be taken into consideration in evaluating the safety record. An explanation must be attached
of the circumstances surrounding any and all fatalities.
P-2
R6876-001 0\1 817323v2.doc
34
Exhik A"
aj
C ITV DF- RANCHO PALOS VERDES
PUBLIC WORKS NRARTMFN i
ADDENDUM NO, 1
TO THE CONTRACT DOCUMENTS, SPECIFICATIONS, & STANDARD DRAWINGS FOR THE
ADA ACCESS RAMPS AND SIDEWALK IMPROVEMENTS
MIRA CATALINA PROJECT
PROJECT # $01561-13
In accordance with "Addenda" on page 1-1 of the "Instructions to Bidders", the following changes (revisions,
additions, andlor deletions) as noted below, are hereby incorporated and made a part of the subject plans,
specifications and contract documents for this project. Portions of the Contract, not specifically mentioned in
the Addendum, remain in force, All trades affected shall be fully advised of these revisions, deletions, and
additions.
This Addendum forms a part of the Contract Documents for the above -identified project and modifies the original
specifications and Contract Documents.
Each bidder shall be responsible for ascertaining, prior to submitting a Bid, that it has received all issued
Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED BELOW.
A bidder's failure to address the requirements of this addendum or failure to acknowledge the receipt of this
addendum may result in that Bid being rejected as nonresponsive.
The subject contract documents are hereby amended as follows:
item 1 •- The latest Federal Wage Decision was issued, dated June 19, 2016. The attached Federal Wage Decision
and CDBC forms shall supersede Appendix IV included In the specifications.
Item 2 - Reference Specification Page NC -1, The date for submittal of bids Is revised. The updated Notice Inviting
Bids is attached.
BIDS MUST BE RECEIVED BY: 10:00 a.m. Thursday, July 23, 2015.
End of Addendum No, 1
Any questions regarding this Addendum should be directed to the Project Manager, Nicole Jules, P,E. at (310)
544-52'15,
_ 7-2"As-
�w' Ichael Throne Date
Director of Public Works
I acknowledge receipt of this Addendum No. 1 and accept the aforementioned.
Signature
Please sign above and hnclucte this sI ned addendum In the Bid packs . Failure to do so may result In
that Eid bei_,,,,gn .rejectod as pion -res Rasive.
Page; I of X
35
Exhi i 'A"
rr ��
ITVC�F �� RAC�C�HC f �1LC� VER
DES
1'(.1?I.IC;WORKS ITHAR l MFM f
ADDENDUM NO, 2
TO THE C014YRACT DOCUMENTS, SPECIFICATIONS, & STANDARD DRAWINGS FOR THE
ADA ACCESS RAMPS AND SIDEWALK IMPROVEMENTS
MIRA CATALINA PROJECT
PROJECT # 601561-19
In accordance with "Addenda" on page 1-1 of the "instructions to Bidders", the following changes (revisions,
additions, and/or deletions) as noted below, are hereby incorporated and made a part of the subject plans,
spcx,lfications and contract documents for this project. Portions of the Contract, not specifically mentioned in
the Addendum, remain in force. All trader affected shall be fully advised of these revisions, deletions, and
additions.
This Addendum forms a part of the Contract Documents for the above -identified project and modifies the original
specifications and Contract Documents.
Each bidder shall be responsible for ascortaioing, prior to submitting a Bid, that it has received all issued
Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED BELOW.
A bidder's failure to address the requirerrnE:rnts of this addendum or failure to acknowledge the receipt of this
addendum may result in that Bid being rejected as nonresponsive.
The subject contract documents are hereby amended as follows;
Il<rnp_1 The latest Federal Wage Decision was issued, dtated July 10, 201.5.The attached Federal Wage Decision
shall supersede Appendix IV included in the specifications.
End of Addendum No. 2
Any questions regarding this Addendum should be directed to the Project Manager, Nicola Jules, P.E, at (310)
544--5275.,
VMichael Throne nate
Director of Publlcilvorks
I acknowledge receipt of this Addendum No, 2 and accept the aforementioned,
s
2-1
r
Bidder's 5lgnature Ditto
Fiestas sign shove and ins,!frda tftls si rrL?d 1d�ler Burn irk thu laid ILack, 0, Failure to do so may result in
Omit Bid hrrin��ctod as Cron-rosPonsive.
Page I of I
36
Exhibit "A"
CITY OF RANCHO PALOS VERDES
BID SHEET
ADA ACCESS RAMPS AND SIDEWALK IMPROVEMENTS ON MIRA CATALINA
(Community Development Block Grant Project #601561-13)
NAME OF COMPANY:t�_2__
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract
to furnish all labor, materials, equipment and supplies for the project identified as ADA ACCESS RAMPS
AND SIDEWALK IMPROVEMENTS ON MIRA CATALINA in accordance with the specifications and
plans for demolition, construction and installation in the Contract Documents which are on file in the office
of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the
direction of the Director of Public Works at the following prices:
No. Description
1 TRAFFIC CONTROLIMOBILIZATIONIBMPs�
2 TRAFFIC STRIPING AND MARKINGS
_ _._
3 SAWCUT AND REMOVE VEXISTING PCC CURB AND
GUTTER
4 REMOVE EXISTING ASPHALT CONCRETE PAVEMENT
AND BASE
5 SAWCUT AND REMOVE PCC CROSS GUTTER AND _., M...
SPANDREL_ w
6 RELOCATE EXISTING SIGN WITH NEW POLE
7 REMOVE AND REPLACE WATER METER BOX
8 CONSTRUCT PCC CURB AND GUTTER TYE A2-8 PER
SPPWC STD PLAN 120-2
9 CONSTRUCT PCC CURB AND CROSS GUTTER PER
SPPWC STD. PLAN 122-2
10 CONSTRUCT PCC SIDEWALK 4" THICK OVER 3" CMB
11 CONSTRUCT PCC CURB RAMP PER SPPWC STD. PLAN
111-4, CASE B, TYPE 1 OVER 3" CMB
12 CONSTRUCT VARIABLE HEIGHT PCC CURB
13 1 CONSTRUCT 8" DEEPLIFT ASPHALT CONCRETE
TOTAL BIDQ/ PRICE IN WORDS:
//
1� . / _..J" /t t) _,
a ',
P-3
R6876 -0010\1817323v2. doe
Estimated
Unit
Unit
Extended
Quantity
Meas,
Price
Amount
_.._1_. _ .._
15__
3
EA
1
275 LF-<
670
SF
1,030
SF
a
L,`( ckk
r
j�
3
EA
1
EA.
280 LF
1,030 SF 10
620 SF
3 1 EA
20 1 LF
305 1 SF �7��
TOTAL BID PRICE
I f I Q ! f" I
37
Exhibit "A"
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information: (Additional sheets may be attached if
necessary.)
(1) Address:
(2) Telephone:- '4:Y1
(3) Type of firm - Individual, Partnership, or Corporation:
(4) Corporation organized under the laws of the State of
V
(5) Contractor's license number and class:
(6) DIR Contractor Registration Number:
(7) List the names and addresses of all members of the firm or names and titles of all officers of the
corporation:
11� 41 YL
C res
(8) Number of years experience as a contractor in construction work
(9) List at least three similar projects completed as of recent date:
Contract
Amount Class of Work Date Completed Name, Address of Owner and Telephone No.
mr,i) t1i �rk.4 �_enr•s �t� \ vial—. At,,n(.0?
e C,
(�'i o� `37.3 -JAS
YV4t^jo, 13LVD
1' r—
(10) List the name of the person who inspected the site of the proposed work for your firm:
ilk
f r--
(11) NOTE: Upon request of the City, the bidder shall furnish evidence showing a notarized financial
statement, financial data, construction experience, or other information.
P-4
R6876 -0 0 1 011 81 732 3v2. doc
•
W
DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or
improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs
a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of
one-half percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including
bridges, in excess of one-half percent (0.5%) of the Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on
this page, attach another page listing all information for all other Subcontractors.
a Name under which G
`s � CSLB License DIR Contractor
Subcontractor is Type of Work Percentage of Total
Number(s) and Registration Address and Phone Number
Licensed Class(es) Number (e.g., Electrical) Bid (e.g., 10%)*
and Reqistered i
*The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b).
R6876-0010\1 81 732M. doc
P-7
m
X
s
Cr
D
INDUSTRIAL SAFETY RECORD FORM
Bidder's Name
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the
information is true and accurate within the limitations of those records.
Signature:
Title:
Date: -i
R6876-001011817323v2.doc
Signature: -,g'
Title: z
Date:
P-8
9
Current Year of
Record
20142013
2012 1 2011
2010 Total
Number of contracts
Ll
Total dollar amount of
. ...........
contracts (in thousands of
dollars)
i
1-7 2:-7 1
t2-22 415-7 t
C/
Number of fatalities
Number of lost workday cases
0�
Number of lost workday cases
involving permanent transfer
to another job or termination
of employment
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the
information is true and accurate within the limitations of those records.
Signature:
Title:
Date: -i
R6876-001011817323v2.doc
Signature: -,g'
Title: z
Date:
P-8
9
Exhibit "A"
'Band No. N/A
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the CITY OF RANCHO PALOS VERDES
("Public Agency"), has issued an invitation for bids for the work described as follows:
ADA ACCESS RAMPS AND SIDEWALK IMPROVEMENTS ON MIRA CATALINA
(Community Development Block Grant project #801501-13)
WHEREAS RUIZ CON'CRETL & PAVING,INC.
1344 TEMPLE AVE.,LONG BEACHICA 90804
(N(ame and address of Bidder)
("Principal"), desires to submit a bid to Public Agency for the work,
WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a
.form of bidder's security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and _„
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(Name and addM& of Surety)
("Surety") a duly admitted surety Insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency In the penal sum of
*TEN PERCENT OF AMOUNT BID*
Dollars ($_.!(l 0%) __ _ ), being not less than ten percent (10%) of
the total bid price, In lawful money of the United States of America, for the payment of which sum well
and truly to be modes, we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION 1S SUCH THAT, if the hereby bounded Principal is awarded a
contract for the work by the Public Agency and, within the time and In the manner required by the bidding
specifications, enters into the written form of and,,
included with bidding specifications, furnishes the
required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and
materials, and furnishes the required insurance coverage, then this obligation shall become null and void;
otherwise, it shall be and remain in full force end effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public
Agency In the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives
the provisions of California Civil Code 2845.
P-4
R6870 -0010116173,29x2, doc
41
Exhibit "A"
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date
set forth below, the name of each corporate party being hereto affixed and these presents duly signed
by Its undersigned representative(s) pursuant to authority of its governing body.
Datod: JULY 1, 2015
"Principal"
RUIZ CONCRETE & PAVING, INC.
d
By: J.
Its
ey:
Its
(Seel)
"Surety,
OF MARYLAND
ATTORNEY—IN—FACT
BY: _ _.__.____� .
its
(Seal)
Note: This bond must be detadi all signatures must be notarized, and evidence of the authority of any person signing as attorney -
/r? -fact must ba efteatiad.
P-10
R8878-0010\1817323v2.doc
M
Exhibit "A"
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the 'ZURICH AMERiC:AN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL. AMERICAN CASUAL'L'Y AND SURE'T'Y COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
JAMES M. CARROL,L, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Michael A. QUIGLEY, of Laguna hills, California, its true and lawful agent and Attorney -in -Fact, to make,
execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of
such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH Aj%413RICAN INSURANCE
COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDF•,LITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL. AMERiCAN CASUAL'L'Y AND SURE'L'Y COMPANY, and
FIDELYI'Y AND DEPOSIT COMPANY OF MARYLAND, this 18th day of June, A.D. 2012,
ATTEST:
Assistant Secretaq
Eric D, Barnes
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
James M. Carroll
State of Maryland
City of Baltimore
On this 18th day of June, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M.
CARROLL, Vice President, and ERIC D. BARNES, Assustant Secretary, of the Companies, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that
he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, anti that
the said Corporate Scals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WBERF.,OF, I have hereunto set my hand and affixed my Official Seal the clay and year first above. written.
ewll,
Constance A. Dunn, Notary Public
My Commission Expire holy 14, 2015
POA -F 012-0626C
43
Exhibit "A"
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ORANGE
On July 1, 2015 before me, MEG gUIGLEY, NOTARY PUBLIC
Onto Hero infitirt Noma en i o othe clocor {
personally appeared MICHAEL A4CIGxrru.m.
�� Nnhl4te)�et hrC11016
MEG QUIGLEY
Commission # 1963669
Notary Public - California
Orange County
t1+y Comm Exoiwg Jan 10 2016
who proved to me on the basis of satisfactory evidence to
be the person(sO whose name(m) Isbwo subscribed to the
within Instrument and acknowledged to me that
he/about) c executed the same in hist it authorized
capacity(tea), and that by his1hwYtkoixslgnature(�) on the
Instrument the person(:§j, or the entity upon behalf of
which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct,
t -�
WITNESS my kn0/a?kd oflj i l4eal.
Signature
Place Nolary Beal Above
OPTIONAL
Though the Information below Is not required by levy, It may prove valuable to parsons relytnrg on 11) oc in f
and could prevent fraudulent removal and reattachment or this form to anothar dcumont. ,
Description of Attached (Document
f
Title or Type of Document:
Document Date: -_ _.__..... _,.
.__ .__ _._ Number of Pages:_
Signer(s) Other Than Named Above: ..__
Capaclty(fes) Claimed by Signer(s)
Signer's Name:—_ . _., _ _. _
Signer's Name:
❑ Individual
D individual
❑ Corporate Officer—Title(s): ___ ,__...___
❑ Corporate Officer—Tltle(s):
❑ Partner — ❑ Limited ❑ General
❑ Partner — ❑ Limited O General r
❑ Attorney in Fact
• 13Attorney In Fact
❑ Trustee Tap o1
Top of thumb here
thumb here 0 Trustee
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other: _ �... _
❑ Other:
Signer Is Representing:
Signer Is Representing:..—. -__,_.,.__-
®2007 Nattonal Notary Aeeocleeon•9360 Ca Soto Ave.,P.O.13W 2402•Chatmarth, CA 913132402• www.Natlonafttary.org Iter046007 Reorder:Cell'rbll.Rae1.906.67e.Ba27
Exhibit "A"
CA ALL-PURPOSE ACKNOWLEDGEMENT
"A Notary Public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document. "
State of California
County of .Los Angeles
On July 8, 2015, before me, C.O. Pallares/Notary Public, personally appeared Jose Alejandro Ruiz, who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
C. PALLARES
k`: Commission # 1971748
Notary Public - California
�., . r,
Mtn Comm. Fxpires Apr 7, 2016
:AR
Exhibit "A"
NON -COLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code § 7106]
State of California }
County of _ �,�, ,ti <,. c1� ) ss.
City of }
The undersigned declares:
am the(�11i2 It party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to
put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder.
All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or
her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any
person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture,
limited liability company, limited liability partnership, or any other entity, hereby represents that he or she
has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that this decl tion is executed on 5i tW __.._.[date], at
l
Subscribed and sworn to before me on
(Notary Seal)
R6876-0010\1817323v2.doc
P-11
iA
Exhibit "A"
"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 ol'that document. "
State of California }
County of Los Angeles ) ss.
Subscribed and sworn to (or affirmed) before me on this 8`h day of July, 2015, by Jose
Alejandro Ruiz, proved to me on. the basis of satisfactory evidence to be the person(s) who
appeared before me.
Stgn3turc
Attached to Poder General
417
�.�. ...
ncr., C. 0. PALLAREB
' Commission # 1971748
u
Notary Public • California
Los Angeles County
My Comm. Expires Apr 7, 2015
47
Exhibit "A"
ADDENDA ACKNOWLEDGMENT FORM
If there are more Addenda than there is room in the chart above, attach another page acknowledging
receipt of the Addenda.
P -l2
R6876-001 0\1 81 732M,doc
CITY OF RANCHO PALOS VERDES
PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 18th day of August, 2015,
by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY")
and Anderson Penna Partners, Inc. (hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto agree
as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Protect Description
The Project is described as follows:
Mira Catalina ADA Access Ramps and Sidewalk Improvement Project — CDBG Project
#601561-13.
1.2 Description of Services
CONSULTANT shall: provide construction management and inspection
services as described in the CITY's Request For Proposals, which is attached hereto as
Exhibit "A" and incorporated herein by this reference, and in CONSULTANT's Proposal,
which is attached hereto as Exhibit "B" and incorporated herein by this reference. In the
event of any conflict between the terms of this Agreement and incorporated documents,
the terms of this Agreement shall control. In the event of any conflict between Exhibits "A"
and "B," the terms of Exhibit A shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSULTANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty
performance by CITY, other consultants/contractors, or governmental agencies, or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
2.1 Fee
ARTICLE 2
COMPENSATION
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CITY agrees to compensate CONSULTANT an amount not to exceed
thirteen thousand one hundred twenty five dollars ($13,125.00) for services as described in
Article 1.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
AndersonPenna Partners, Inc.
20280 Acacia Street, Suite 100
Newport Beach, CA 92660
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed in the previous month. CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its
best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10) days of the receipt of each invoice. However,
CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion
percentage shall not be deemed a waiver of CITY's right to challenge such amount or
percentage.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
2.4 Additional Services
CITY may request additional specified work under this Agreement. All such
work must be authorized in writing by the CITY's Director of Public Works prior to
commencement. CONSULTANT shall perform such services, and CITY shall pay for such
additional services in accordance with CONSULTANT's Schedule of Hourly Rates, which is
within Exhibit "B." The schedule of hourly rates shall be in effect through the end of this
Agreement.
2.5 Term of Agreement
This Agreement shall commence on August 19, 2015 and shall terminate on
August 20, 2016 unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
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50
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
To the maximum extent permitted by law, CONSULTANT shall defend,
indemnify, and hold the CITY, its officials, officers, employees, agents and independent
contractors serving in the role of CITY officials, and volunteers (collectively "Indemnitees")
free and harmless from any and all claims, demands, causes of action, costs, expenses,
liabilities, losses, damages or injuries, in law or equity, to property or persons, including
wrongful death (collectively "Claims"), in any manner arising out of or incident to any acts or
omissions of CONSULTANT, its officials, officers, employees or agents in connection with
the performance of this Agreement, including without limitation the payment of all
consequential damages, attorneys' fees, and other related costs and expenses, except for
such Claims arising out of the sole negligence or willful misconduct of the Indemnitees.
With respect to any and all such Claims, CONSULTANT shall defend Indemnitees at
CONSULTANT's own cost, expense, and risk and shall pay and satisfy any judgment,
award, or decree that may be rendered against Indemnitees. CONSULTANT shall
reimburse Indemnitees for any and all legal expenses and costs incurred by each of them
in connection therewith or in enforcing the indemnity herein provided. CONSULTANT's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
CONSULTANT or Indemnitees. All duties of CONSULTANT under this Section shall
survive termination of this Agreement.
3.2 General Liabilitv
CONSULTANT shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each
occurrence and two million dollars ($2,000,000) general aggregate for bodily injury, death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement. Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in A.M. Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000) per claim and aggregate
for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said
policy or policies shall be issued by an insurer admitted to do business in the State of
California and rated in Best's Insurance Guide with a rating of A:VII or better. 1f a "claims
made" policy is provided, such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3) years after the date of
work or services are accepted as completed. Coverage for the post -completion period may
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51
be provided by renewal or replacement of the policy for each of the three (3) years or by a
three-year extended reporting period endorsement, which reinstates all limits for the
extended reporting period. If any such policy and/or policies have a retroactive date, that
date shall be no later than the date of first performance of work or services on behalf of the
CITY. Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and
two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person
and five hundred thousand dollars ($500,000) for property damage arising from one
incident.
3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law. CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified by the insurance carrier without thirty (30) days prior written
notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium.
Additionally, CONSULTANT shall provide immediate notice to the City if it receives a
cancellation or policy revision notice from the insurer.
(b) CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage. CONSULTANT agrees that if it does not keep the aforesaid
insurance in full force and effect, CITY may either immediately terminate this Agreement
or, if insurance is available at a reasonable cost, CITY may take out the necessary
insurance and pay, at CONSULTANT's expense, the premium thereon.
3.7 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall maintain
on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance
showing that the aforesaid policies are in effect in the required amounts. The commercial
general liability policy shall contain endorsements naming the CITY, its officers, agents and
employees as additional insureds.
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52
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY. The insurance policies (other than workers compensation and
professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at anytime, with or without cause,
by the CITY upon thirty (30) days prior written notice or by CONSULTANT upon ninety (90)
days prior written notice. Notice shall be deemed served if completed in compliance with
Section 6.14.
(b) In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
in an amount to be determined as follows: for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement as determined by the CITY,
CONSULTANT shall be paid an amount equal to the percentage of services performed
prior to the effective date of termination or cancellation in accordance with the work items;
provided, in no event shall the amount of money paid under the foregoing provisions of this
paragraph exceed the amount which would have been paid to CONSULTANT for the full
performance of the services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All final documents, plans, specifications, reports, information, data, exhibits,
photographs, images, video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products") shall be and remain the property of the
CITY without restriction or limitation upon its use, duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire," and all Written Products
and any and all intellectual property rights arising from their creation, including, but not
limited to, all copyrights and other proprietary rights, shall be and remain the property of the
CITY without restriction or limitation upon their use, duplication or dissemination by the
CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
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53
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to which
any intellectual property right exists, including computer software, used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers,
employees, servants, attorneys, designated volunteers, and agents serving as independent
contractors in the role of CITY officials, harmless from any loss, claim or liability in anyway
related to a claim that CITY's use of any of the Written Products is violating federal, state
or local laws, or any contractual provisions, or any laws relating to trade names, licenses,
franchises, copyrights, patents or other means of protecting intellectual property rights
and/or interests in products or inventions. CONSULTANT shall bear all costs arising from
the use of patented, copyrighted, trade secret or trademarked documents, materials,
equipment, devices or processes in connection with its provision of the services and
Written Products produced under this Agreement. In the event the use of any of the
Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined, CONSULTANT, at its expense,
shall: (a) secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction, or by procuring a license or licenses for CITY;
or (b) modify the Written Products and other deliverables so that they become non -
infringing while remaining in compliance with the requirements of this Agreement. This
covenant shall survive the termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a
document on a computer, CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee, and CONSULTANT shall notify CITY of CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
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54
In the performance of this Agreement, CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48), the applicable equal employment provisions of the
Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of
1990 (42 U.S.C. § 11200, et seg.).
6.3 Personnel
CONSULTANT represents that it has, or shall secure at its own expense, all
personnel required to perform CONSULTANT's services under this Agreement. Any
person who performs engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer by the State of California and in good standing. CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director of
Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subconsultants in the
performance of its services under this Agreement, but at all times shall CONSULTANT be
responsible for its associates or subconsultants' services.
6.4 CONSULTANT's Representations
CONSULTANT represents, covenants and agrees that: a) CONSULTANT is
licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary
to perform the services in accordance with the terms and conditions set forth in this
Agreement; b) there are no obligations, commitments, or impediments of any kind that will
limit or prevent CONSULTANT's full performance under this Agreement; c) to the extent
required by the standard of practice, CONSULTANT has investigated and considered the
scope of services performed, has carefully considered how the services should be
performed, and understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12) months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100) in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.6 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled by
and construed under the laws of the State of California, excluding California's choice of law
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55
rules. Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b) If any legal action or other proceeding, including action for declaratory
relief, is brought for the enforcement of this Agreement or because of an alleged dispute,
breach, default or misrepresentation in connection with this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in
addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANTwas negligent, CITY shall compensate CONSULTANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY. Any such purported
assignment without written consent shall be null and void, and CONSULTANT shall hold
harmless, defend and indemnify the CITY and its officers, officials, employees, agents and
representatives with respect to any claim, demand or action arising from any unauthorized
assignment.
Notwithstanding the above, CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ, when it is appropriate and customary to
do so. Such persons and entities include, but are not necessarily limited to, surveyors,
specialized consultants, and testing laboratories. CONSULTANT's use of subconsultants
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain, as to the CITY, a wholly
independent contractor. Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set
forth, and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons, firms, or
corporations as the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any
time or in any manner, represent that it or any of its agents, servants or employees, are in
any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify
and hold the CITY harmless from any and all taxes, assessments, penalties, and interest
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56
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement. CONSULTANT shall fully comply with the workers' compensation law
regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers' compensation laws. The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.9 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.10 Entire Agreement
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified or amended, or provisions or
breach may be waived, only by subsequent written agreement signed by both parties.
6.11 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.12 Non -Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance under
this Agreement shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by the CITY of any payment to CONSULTANT
constitute or be construed as a waiver by the CITY of any breach of covenant, or any
default which may then exist on the part of CONSULTANT, and the making of any such
payment by the CITY shall in no way impair or prejudice any right or remedy available to
the CITY with regard to such breach or default.
6.13 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
Page 9 of 11
R6876-0001\1347726v1.doe Agreement for ProfessionaUTechnical Services
m
6.14 Notice
Except as otherwise required by law, any notice or other communication authorized
or required by this Agreement shall be in writing and shall be deemed received on (a) the
day of delivery if delivered by hand or overnight courier service during CONSULTANT's or
CITY's regular business hours or (b) on the third business day following deposit in the
United States mail, postage prepaid, to the addresses listed below, or at such other
address as one party may notify the other:
To CITY:
Responsible Person: Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Responsible Person: Bob Merrell
Address: 20280 Acacia Street, Suite 100
Newport Beach, CA 92660
[Signatures on next page.]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Page 10 of 11
R6876-0001\1347726v1.doc Agreement for ProfessionaUTechnical Services
►�
•
Dated:
Dated:
ATTEST:
City Clerk
R6876-0001\1347726v1.doc
AndersonPenna Partners, Inc.
("CONSULTANT")
By:
Printed Name:
Title:
By:
Printed Name.-
Title:
ame:Title:
CITY OF RANCHO PALOS VERDES
("CITY")
By:
Mayor
APPROVED AS TO FORM:
No
City Attorney
Page 11 of 11
Agreement for Professional(rechnical Services
59
Exhibit "A":
City's Request For Proposals
Exhibit "A"
R6876-0001\1347726v1.doc
LOW
Exhibit "B
Consultant's Proposal, including Schedule of Hourly Rates
Exhibit "B"
R6876-0001\1347726v1.doc
61
September 1, 2014
City of Rancho Palos Verdes
Request for Proposal/Qualifications for
Construction Management and Inspection Services
Mira Catalina ADA Ramp Improvement Project
The City of Rancho Palos Verdes requests proposals from selected qualified consulting
firms to provide construction management and inspection services to successfully
complete the City's Mira Catalina ADA Ramp Improvement Project.
The successful firm will provide professional Construction Management and Inspection
services as defined in the Scope of Work. The City is particularly looking for proposals
that exhibit the whole -team approach and will cover all phases from design to post -
construction.
To be considered for this project, submit three (3) copies of the proposal to the
Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA
90275, Phone number (310) 544-5252, no later than 4:30 PM, on October 3, 2014.
The design effort has begun and the City wishes to obtain construction management
services early on to assist with design review, procurement and construction.
SCOPE OF WORK
Consistent with professional Project/Construction Management standards, the City is
looking to assemble a team of professionals that will work collaboratively to assure the
successful completion of the project. The ideal Construction Manager and inspector
will serve as an agent for the City. The City's expectations and anticipated scope of
work includes:
Desi_q Phase
1. Design Document Review (bidibility/constructability)
2. Assist with contract agreements
3. Assist with public relations
30940 HAWTHORNE 80ULEVARD / PANCHO PALOS VERnES, CA 90275-5391/ (310) 544-,9252/ FAX (310) 544-5292 / WWWPALOSVERDFS,COM/RPV
ee PRINTED ON RECYCLED PAPER
62
Exhibit "A"
City of Rancho Palos Verdes
Request for Proposal
Mira Catalina ADA Ramp Project
Page 2 of 4
4. Conduct project progress meetings.
5. Assist with cost and schedule control,
Procurement Phase
6. Assist with bidding and contracting; including bid
bidders, bid addenda, bid opening and evaluation.
7. Assist with meetings including pre-bid meetings,
conferences.
Construction Phase
documents, information to
bid opening and pre -award
8. Project team coordination, regular and consistent management reporting.
9. Conduct regular project meetings including pre -construction, progress and
special meetings.
10. Schedule compliance
11. Budget and Cost monitoring
12. Assist with payment request
13. Manage all communications between the City and the contractor.
14. Manage all change order request, claims and disputes.
15. Assures quality and arranges for all field tests.
16. Assist in maintaining good relationship in surrounding neighborhood.
17. Provide value engineering where appropriate.
18. Upon project completion, provide the finished set of project workbooks to the
City of Rancho Palos Verdes.
19. Prepare documentation for final payment to the Contractor.
20. Prepare documentation for final acceptance, including final inspection and
punch list for substantial completion.
21. Maintain as -built drawings
22. Maintain all project records to be delivered at the end of the project.
Post -Construction Phase
23. As -built documentation.
24. Coordinate warranty information.
25. Processing the final payment, retention release and contract close-out.
Construction Observation
26. Conduct a field investigation of the project area to become familiar with the
existing facilities and the project environment.
27. Provide full time construction observation of all construction activities to monitor
material and methods towards compliance with plans.
28. Prepare daily inspection/observation reports.
29. Functions as a member of the project team.
63
Exhibit "A"
City of Rancho Palos Wrdes
Request for Proposal
Mira Catalina ADA Ramp Prgjcct
Page 3 of 4
Clerical services and materials to carry out items above shall be incorporated into the
costs of the appropriate items.
EVALUATION PROCESS
Technical proposals received will be evaluated on the following criteria:
1. Experience of firm in performing this type of service.
2. Relevant experience of individual team members assigned to the project.
3. Understanding of the project as demonstrated by the thoroughness of the
proposal, the whole -team approach and Construction Management practices.
4. References from clients for whom similar work was performed within the past
5 years.
5. Depth of staff available to perform services.
6. Previous work in RPV performed by the firm.
7. Previous work in RPV performed by members of the team.
8. Interview (if applicable)
All questions are to be submitted in writing to City of Rancho Palos Verdes Department.
Of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Attention:
Nicole Jules. Questions may be submitted via fax to (310) 544-5292 or e-mail to
nicolgj_rpy.corn . All questions must be received by 4:30 p.m. September 26, 2014.
Please note that the responses to this request for proposal are subject to the following
conditions:
Insurance
The City of Rancho Palos Verdes requires the selected firm to have a minimum of
$2,000,000.00 of professional errors and omissions insurance and a minimum of
$2,000,000.00 of automobile liability insurance and proof of Worker's Compensation
insurance prior to entering into an agreement with the City.
Acce tp ance of Terms
Submission of a proposal shall constitute acknowledgment and acceptance of all terms
and conditions hereinafter set forth in the RFP unless otherwise expressly stated in the
proposal.
0
Exhibit "A"
City of Rancho Palos Verdes
R.cqutW for Proposal
Mira Catalina ADA Ramp Project
Page 4 of 4
Right of Reiection by the Cit
Not withstanding any other provisions of this RFP, the City reserves the right to reject
any and all proposals and to waive any informality in a proposal.
Financial Responsibility
The proposer understands and agrees that the City shall have no financial responsibility
for any costs incurred by the proposer in responding to this RFP.
Interview
If successful, the proposer will be invited to participate in an interview. The interview will
be a part of final selection process.
Award of Contract
The selected firm shall be required to enter into a written contract with the City of
Rancho Palos Verdes, in a form approved by the City Attorney, to perform the
prescribed work. This RFP and the proposal, or any part thereof, may be incorporated
into and made a part of the final contract; however, the City reserves the right to further
negotiate the terms and conditions of the contract with the selected consultant The
contract will, in any event, include a maximum "fixed cost" to the City of Rancho Palos
Verdes.
Conferences During the Proposal Preparation Period
As of the issuance date of this RFP and continuing until the time for submitting proposal
has expired, the City will provide relevant information and access to City facilities and
documents as necessary for all proposers to familiarize themselves with the
requirements set forth in the RFP. Access to City facilities shall be during normal
business hours and will require at least twenty-four (24) hours advance notice.
Number of Copies Required
The proposer must submit five (5) copies of the proposal.
Proposals must be received by the Department of Public Works, 30940 Hawthorne
Blvd., Rancho Palos Verdes, CA 90275, Phone number (310) 544-5252, by the
deadline indicated in this RFP.
65
Exhibit "B"
I PARTNERS IN PROJECT DELIVERY
October 3, 2014
Mr. Nicole Jules
Department of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Subject: Field Engineering Services Proposal — Mira Catalina Roadway and Access
Ramp Improvements
Dear Nicole:
In response to the Request for Proposal, Merit Civil Engineering is pleased to submit our proposal
to provide field engineering services for the Mira Catalina roadway and ramp project. This
proposal will outline our recommendation for inspection activities for the project, proposed scope
of services, schedule and the level of coverage anticipated.
PROJECT UNDERSTANDING
The Mira Catalina CDBG ADA project includes three access ramps that are located at the
intersection of Crest Road East and Starline Drive, a location that will present traffic control
challenges during the construction due to the close proximity of the elementary school. The work
will be concentrated at the intersection and in the parkways but will still be subject to intermittent
access issues. It will be important to ensure the contractor provides adequate traffic control and
access during work hours.
The following activities are recommended to manage the ramp construction:
• Adequate BMP installations to control surface water and construction debris
• Effective traffic control monitoring
• Site and construction inspection on a frequent basis including daily reports
• Construction staking
• As built drawings in PDF format.
The contract time for the ramp project is 20 working days. I believe the number of days that will
require inspection will probably be 15 or so and even then, most of the days would require something
less than full time inspection and my being in the area, the budget for this project can be minimized.
Therefore, the inspection time estimated to establish a budget for the actual inspection of the project
20280 Acacia Street, Suite 100 m Newport Beach, CA 92660 www:andperi.;oiia
PHN 949 428 1500 • FAX 949 258 5053
i
Exhibit "B"
Proposal to City of Rancho Palos Verdes
Mira Catalina CDBG ADA Ramps
October 3, 2014 ANFi::1'1';NNA
Page 2 of 2 .,.,.:M— v N„1.:,:r, '-,v, N
is 15 days at 6 hours per day. I plan to be the Construction Manager and primary Inspector with Joe
Buckner, P.E., P.L.S. assigned as the fill-in inspector, if needed.
Construction surveys will be needed and are part of this proposal. An estimated 8 hours are
anticipated to complete the various staking elements and are included in the estimated fee. These
hours may be kept separate from this authorization if desired by the City.
SCHEDULE
The pre -construction meeting will be the first activity followed with any coordination necessary
with the utility companies.
COMPENSATION
The proposed total Not -to -Exceed fee for the above-described services is detailed on the attached
Fee Breakdown spreadsheet. The total Not -to -Exceed fee is $ 13,125.00
Incidental costs relative to the assignment for office supplies, travel, phone calls, etc. are included
in the above quoted Not -to -Exceed fee.
We look forward to assisting you on this assignment. Please contact me with any questions you
may have.
Respectfully,
AndersonPenna Partners, Inc.
Robert Merrell, PE
Senior Project Manager
Lisa M. Penna, PE
President/CEO
67
Exhibit "B"
CAN-
Qf Rancho Palos Verdes
Mira Catalina Roadway and Access Ramp Inspection
Fee Breakdown
Proposal Submittal
CSrtnMnr 1 9019
Classification
Project
Manager
Sr. Project Constr.
. Engineer Inspection
Clerical
an
Crew
Total
Billing Rate
Outside
Hourly Billing Rate
_
5160
5140
F 105
1`7a
i S 240 1
Hours
Summary
Costs Comments
TASK BREAKDOWN
I Construction Inspection
1. Pre -construction Meeting
2. Field
4
3
r
8
_,n_4,.
Q
1 $ X346
f
3. Utility
Coordination and As builts�
,
_
I _
_
4. On-site Construction Inspection
m _ 3 j
-2
9D._,
7
1
95
510,t120
( $ 65 Ranro�inrhon
Subtotals0
10
92
2
8
112
$13,060
$ 65
Hours
0
10
92
2
B
112
...
-•-
TOTAL NTE PH
$ 0
$ 1,330
$ 9,660
$ 150
$1,920
---•--
$ 13,060
$ 65
$ 13,125.00
TOTALS Cost
Mira Catalina Roadway and Access Ramp Inspection fee 11,11, . ,,, ". J.11..1.11,: " ,,a1,, . 10/3/2014
• X
Mbit °6
ANDERSON -PENN.A.
PAR"T"NERS IN PROJECT DELIVERY
AndersonPenna Partners, Inc.
July 1, 2014 - June 30, 2015 Standard Billing Rate Schedule
Engineering Services
Staff
Hourly Rate'
Principal
$180
Project Manager
$160
Quality Assurance Manager
$150
Senior Engineer
$140
Project Engineer
$130
Traffic Engineer
$125
Associate Engineer
$115
Designer*
$110
CADD Drafter*
$85
Administration*
$75
Funding Services
Staff
Hourly Rate'
Project Manager
$160
Assessment Engineer
$160
Analyst*
$110-$125
Administration
$75
* Subject to Overtime and Doubletime
Construction Services
Municipal Services
Staff
Hourly
Rate'
Principal
$230
Project Executive
$195
Program/Project Manager
$160-$185
Assistant Project Manager
$105-$145
Plan Check Engineer
$85-$135
Planner
$95-$110
Public Works Technician*
$110
Code Enforcement Consultant
$125
Code Enforcement Officer*
$60-$75
Permit Technician*
$65
Railroad Safety Services
Staff
_ Hourly
Rate'
Principal
$180
Quality Assurance Specialist
$165
Structural/Track Engineer
$135
Engineering Technician*
$85
Inspector*
$65-$75
20280 Acacia Street, Suite 100 • Newport Beach, CA 92660
PHN 949 428 1500 • FAX 949 258 5053
www.andpen.com
Certified DBE
W
Regular Time
Overtime
Staff
Rate'
Mon — FrV
Saturday3
Sunday/Holiday
Principal
$160
n.a,
n.a.
n.a.
Construction Manager
$145-$160
n.a.
n.a.
n.a.
Resident Engineer
$185
n.a.
n.a.
n.a.
Structures Representative
$135-$185
n.a.
n.a.
n.a.
Construction Supervisor
$135
n.a.
n.a,
n.a.
Office Engineer
$85-$135
n.a.
n.a.
n, a.
Labor Compliance
$90
n.a.
n.a.
n.a,
Document Control
$90
n.a.
n.a.
n.a.
Public Works Technician
$110
$165
$165
$198
Administration
$75
$113
$113
$135
Public Works Inspector (Prevailing Wage)
$105
$147
$147
$178
Public Works Inspector (Non -Prevailing Wage)
$92
$138
$138
$166
Building Inspector (Non -Prevailing Wage)
$85
$128
$128
1$153
20280 Acacia Street, Suite 100 • Newport Beach, CA 92660
PHN 949 428 1500 • FAX 949 258 5053
www.andpen.com
Certified DBE
W