RPVCCA_CC_SR_2014_03_18_C_Ab_Cove_Shoreline_Pk_Imp_PjtCrTYOF
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
MICHAEL THRONE, PE, DIRECTOR OF PUBLIC WORKS
MARCH 18, 2014
AWARD CONSTRUCTION CONTRACT FOR ABALONE
COVE SHORELINE PARK IMPROVEMENT PROJECT
(SUPPORTS 2014 CITY COUNCIL GOAL NO. 2, PUBLIC
INFRASTRUCTURE)
REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGE~
Staff Coordinator: Siamak Motahari, Senior Engineer~;?
RECOMMENDATIONS:
1. Approve Plans and Specifications for Abalone Cove Shoreline Park Improvement
project.
2. Award a construction contract for the base bid and 'alternate bid items' 3, 4 & 5 for
the Abalone Cove Shoreline Park Improvement project to Kasa Construction Inc., in
the amount not to exceed $497,489.50 and authorize a 10% contingency in the
amount of $49,749 for unforeseen conditions, for a total authorization of
$547,238.50
3. Award a Professional Services Agreement to KOA Corporation in the amount of
$23,250 for the project's construction inspection and oversight.
4. Authorize the Mayor to execute the above mentioned agreements.
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BACKGROUND
The Land and Water Conservation Fund (LWCF) program provides matching grants for
acquisition or development of lands and facilities that provide or support public outdoor
recreation. Pursuant to Council authorization at its October 19, 2010 meeting, on November
1, 2010 the City filed a Land and Water Conservation Fund (LWCF) grant application with
the California State Parks and Recreation Department for improvements at Abalone Cove
Shoreline Park. The total cost for the Project was estimated at $665, 176.
On December 7, 2011, State Parks notified the City that it was the recipient of the LWCF
grant in the amount of $332,588 for the Abalone Cove Park Improvement Project. The
LWCF grant is a reimbursement program and has a match requirement of 50%. On
February 21, 2012, the City Council adopted a resolution approving a budget appropriation
for the Abalone Cove Shoreline Park Improvements Project in the amount of $332,588 to
cover the grant's required 50% matching funds.
Project Description
The LWCF grant is a reimbursement program. The City is expected to fund the entire
project, and the grant award will reimburse the City for 50% of the total project cost. The
Abalone Cove Shoreline Park Improvement Project derives from the September 2, 2008
Council adopted Coast Vision Plan (Vision Plan). The Vision Plan provides the City with
conceptual guidance for implementing future improvements to key areas along the coast.
The Vision Plan identifies the following goals for the Abalone Cove site:
• Add new park amenities -picnic tables, shade features, benches, trash receptacles,
and an ADA accessible bluff top trail and trail signage.
• Implement an invasive species removal and low profile shade tree planting program
within the park.
Recognizing that public participation is a key component to a project's success, a focus
group meeting was conducted on October 22, 2010 to gather input from community
members regarding this project's plans. The focus group consisted of representatives from
the City Council, neighbors of Abalone Cove, former Public Use Master Plan (PUMP)
Committee, Los Serenos de Point Vicente, PVPLC, the Library District, the School District,
Terranea, and Park Rangers. The focus group was facilitated by the City Manager's Office,
Community Development, and Recreation and Parks Departments.
Based on the grant scoring criteria and input received from the focus group, the plan for the
Abalone Cove Shoreline Park Improvement Project proposes to install, construct or replace:
picnic tables and benches; shade structures; trash receptacles; a drinking fountain; mutt mitt
dispensers; park benches; trailheads and trails; picnic areas; bluff top fencing; interpretive
signage along trails; viewing nodes/telescopes; public art nodes; preserve kiosk sign;
boulders; landscaping and irrigation; exploration play area; and bike racks.
These park improvements will significantly improve access and the educational experience
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at the park and are consistent with the General Plan Land Use Map designation of
Recreation-Passive and the Open Space Recreation (OR) zoning designation.
DISCUSSION
The project was advertised and sealed bids were received and opened at 10:00 a.m. on
January 28, 2014. The base bid from Kasa Construction is the lowest responsive bid, and
is $95,650 below the engineer's cost estimate of $540,000. The following table summarizes
the base bids received:
Abalone Cove Shoreline Park Improvement Project
Bid Opening Results
Tuesday January 28, 2014
Bidder Base Bid
Kasa Construction Inc. $444,350.00
Pima Corporation $460, 710.00
Marina Landscape Inc. $464,927.56
ST Construction $519,849.65
Malibu Pacific Tennis Courts Inc. $531,075.00
According to the bid documents, award of the project is based on the lowest responsive
"base bid". However, the bid sheet also contains other alternate items of work that are part
of the design but separate from the base scope of work. The intention was to keep the
project cost within budget should the bids come close to the engineer's estimate. With the
lowest bid received for $444,350 it is recommended that 3 of the alternate work items
(shown on plans and described as follows) be included in the scope of construction. The
cost of these alternate items is reasonable and including them in the project is cost
effective. This action will improve the project scope by including most of the design items
intended for it.
Abalone Cove Shoreline Park Improvement Project
Alternate Items of Work Recommended for Award as Shown on the Plans
& Specifications of the Bid Documents
Alt. Description Cost No.
3 Compacted Stabilized Natural Trail, Landscaping & $26,474.50 Irrigation System at the Center (exploration area)
4 Compacted Stabilized Natural Trail, Landscaping & $15,580.00 Irrigation System Closing the Loop at the East Side
5 Compacted Stabilized Natural Trail Closing the Loops $11,085.00 at the North & South Sides
Total $53,139.50
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In order to avoid potential conflict with archeologically sensitive areas identified on the
west side of the project area, alternate items 1 & 2 which consist of trails, landscaping and
irrigation system on the west side, are not recommend for inclusion in the scope of work.
References were contacted and it was found that Kasa Construction Inc. has performed
satisfactory work on their previous jobs. They possess General Contractors' Class "A", "B",
"C-1 O" & "C-27" licenses, which are current.
Construction Inspection and Oversight Contract
KOA Corporation has provided the City of RPV engineering services with respect to
infrastructure construction inspection, oversight and management for the last 15 years and
therefore has established an indispensable knowledge of the City's Public Works. The
services provided by KOA for Public Works construction projects have been consistently
satisfactory. These services are listed on "Exhibit A" of the attached contract form. A sole
source procurement of KOA is recommended based on the high level of quality services
which this consultant provides at a reasonable fee for a project of this scale. The fees for
construction inspection will be covered through the City's matching fund.
Construction Schedule
Within two weeks of the City Council's co.ntract award, the contractor is required to submit
all necessary contract documents to the City. Construction work is expected to begin on
April 7th and be completed by July 6, 2014. The grant expiration date is June 30, 2014 and
a time extension by the California State Parks and Recreation Department is being
processed and is expected to be granted in the near future.
ALTERNATIVE
An alternative recommendation is to reject all construction bids and re-advertise the
construction project. This alternative may delay the project for up to 4 months, which can
jeopardize the grant deadline and may not result in obtaining lower bids.
CONCLUSION
Improvement of Abalone Cove Shoreline Park is considered a high priority project for the
public's benefit as reflected in the Council-adopted Capital Improvement Program (CIP).
Council's action will move the project toward completion and make the park available for
public use and enjoyment.
FISCAL IMPACT
The total base bid and alternate items 3, 4 and 5 recommended by staff brings the total
amount of the contract award to $497,489. 50 and, with a 10% contingency of $49, 7 49, the
total construction budget will be $547,238.50. This amount is available in the FY 13-14
CIP budget, Account Number 330-3033-461-32-00.
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The table below summarizes the project's budget status:
Abalone Cove Shoreline Park Improvement Project
Budget Spread Sheet
Budget Budget I
Description Obligation
I Appropriation Balance
State Grant Fund $332,588.00
RPV Matching Fund (GF) $332,588.00
PVPLC $1,113.36
Engineer/Architect; Design Review $61,530.0~ and Bid Documents Preparation
Land Surveying $3,125.00
Storm Water Pollution Prevention $543.00 Program (SWPPP) Fee
Archeological Report Phase 1 $1,500.00
Archeological Report Phase 2 $5,000.0C
Archeology Fee -South Central $525.00 Coastal Information Center (SCCIC)
Interpretive Panels & signs $17,000.0~
Construction Inspection & Oversigh $23,250.0~
Subtotal (Engineering Cost) $113,586.3E
Construction Cost (Base Bid Plus $497 ,489.5C Alternate Items 3, 4 & 5)
Construction Contingency (10%) $49,749.0~
Subtotal (Construction Cost) $547 ,238.5C
Total $665,176.00 $660,824.86 $4,351.14
Annual Maintenance and Utility Costs
The cost for providing landscaping maintenance services and occasional repairs to the
decomposed granite (DG) trail surface is estimated to be $50,000 annually. The annual
cost of water consumption for irrigation is estimated to be $3,000. Therefore, beginning
from FY 14-15, a budget increase in the City's Parks, Trails & Open Space Maintenance
Program will be necessary to cover the aforementioned maintenance and water utility
costs.
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Attachments:
1-Construction Contract with KASA Construction Inc.
2-Professional Services Agreement with KOA Corporation.
3-Abalone Cove Shoreline Park Site Map
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CITY OF RANCHO PALOS VERDES
PUBLIC WORKS AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered this 18th day of March, 2014, by and between the
CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Kasa Construction
Inc., ("Contractor"). Contractor's license number is 927544.
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 Abalone Cove Shoreline Park
Improvements Project ("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 VI, and all addenda as prepared prior to the
date of bid opening setting forth any modifications or interpretations of any said documents), which
are attached hereto as Exhibit "A" and incorporated herein by this reference, including miscellaneous
appurtenant work. All work shall be performed in accordance with the 2012 edition of the Standard
Specifications for Public Works Construction (commonly known as the "Green book"), 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. Contractor should be prepared
to furnish progress reports and such other information as the National Park Service ("NPS"), the
California Department of Parks and Recreation ("DPR"), the City, or any of these entities may require.
2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by
the Contractor, shall be paid for under written work order in accordance with the terms therein
provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon
in writing between the Contractor and the Director of Public Works. All extra work shall be adjusted
daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and
signed by both parties, and said daily report shall be considered thereafter the true records of extra
work done.
3. Historic Preservation. The City has submitted a review document under Section 106 of the National
Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archaeological and
Historic Preservation Act ofl 966 (16 U. S.C. 469a-1 et seq.) regarding the Project's effects on historic
properties (the "Section 106 Review"), which is in the process of being approved by the NPS and the
DPR. Once approved, the Contractor may obtain a copy of the approved Section 106 Review from the
City, and the Contractor must comply with all requirements of the Section 106 Review. Upon
discovery of a historic property unidentified in the Section 106 Review or if construction has an
unanticipated effect on a historic property, the Contractor shall immediately halt construction activities
and notify the City.
4. Handicapped Access.
5. 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, which in any case
shall be no later than 90 calendar days after the Notice to Proceed with construction work is issued to
the CONTRACTOR by the CITY. Time is of the essence in this Agreement.
6. 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, flood,s or other casualty, epidemics,
SPC06-62 C-7
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.
7. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to
exceed amount of four hundred ninety seven thousand four hundred eighty nine dollars and fifty cents
($497,489.50) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as
Exhibit "B" and incorporated herein by this reference. This Project is funded in part by a grant from
the NPS, United States Department of the Interior, under the provisions of the Land and Water
Conservation Fund Act of 1965 ("L WCF").
8. Progress Reports. Contractor shall provide reports of progress toward the completion of the Project
with each payment request. Progress reports shall include: a) A list of the major work items
(elements) agreed to in the Project; b) A narrative description of the status of work for each item in the
Project; c) Identification of any elements that are behind schedule and why; d) Actual or projected
completion dates for each work item; e) Estimated costs incurred during the billing period for each
work item; and f) Total costs incurred and total costs previously billed for all parts of the project to
date.
9. Payments. The City shall make payments within thirty (30) days after receipt of an undisputed and
properly submitted payment request from Contractor. City shall return to Contractor any payment
request determined not to be a proper payment request as soon as practicable, but not later than seven
(7) days after receipt, and shall explain in writing the reasons why the payment request is not proper.
A payment shall be made as the City Council of the City prescribes upon estimates approved by the
City Council. However, progress payments shall not be made in excess of ninety-five percent (95%)
of the percentage of actual work completed plus a like percentage of the value of material delivered on
the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold
not less than five percent (5%) of the Agreement price until final completion and acceptance of the
Project. However, at any time after fifty percent (50%) of the work has been completed, if the City
Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of
the remaining progress payments in full for actual work completed.
10. 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 ("State") 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
SPC06-62 C-8
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.
11. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and other taxes
imposed by local, State and federal law. These payments are included in the total amounts in Exhibit
"B."
12. Allowable Costs. Contractor shall adhere to OMB Circulars A-102 and A-87, which are incorporated
herein by this reference, and shall only submit allowable costs to the City for payment or
rein,ibursement. Should Contractor submit a cost that is not permissible pursuant to either of these
OMB Circulars, Contractor shall not be paid or reimbursed for this cost. Should the determination
that this cost is not permissible pursuant to either of these OMB Circulars occur after the Contractor
has been paid, the City may, at its discretion, either demand reimbursement from the Contractor for
this cost or may reduce this amount from a future payment on this Project.
a. Contractor shall comply with generally accepted accounting and auditing principles regarding
Project records, accounts and documentation. Contractor shall keep such records in accord
with the principles established in OMB Circulars A-102 and A-87 for prevention of fraud,
waste and abuse in federal programs.
13. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding
whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase
in Contractor's cost of or time required for performance of any part of the work, Contractor shall
not be excused from any scheduled completion date provided for by the Agreement, but shall
proceed with all work to be performed under the Agreement. Contractor shall retain any and all
rights provided that pertain to the resolution of disputes and protests between the parties. In the
event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not
cause any delay or cessation in or of work, but shall proceed with the performance of the work in
dispute. This includes disputed time extension requests and prices for changes. The disputed work
will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by
mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all
disputed work, claims and other disputed matters. Public Contract Code Sections 20104 et seq.
and Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City") shall govern
the procedures of the claim process, and these provisions are incorporated herein by this reference.
14. Termination/ Suspension. If the City receives notice of termination of the L WCF, the City may
immediately terminate or suspend this Agreement without penalty by written notice. Alternatively,
for any other cause or without cause, the City may terminate or suspend this Agreement at any
time without penalty upon seven (7) days written notice. In the event of termination or suspension,
Contractor shall immediately stop work under the Agreement and take all reasonable measures to
prevent further costs to the City. Any notice suspending work under this Agreement shall remain
in effect until further written notice from the City authorizes work to resume. In the event of
termination without fault of Contractor, City shall pay Contractor for all services satisfactorily
rendered prior to date of termination up to the maximum limit of the compensation listed in
Section 7 above, and such payment shall be in full satisfaction of all services rendered hereunder.
SPC06-62 C-9
15. Indemnity.
a. Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend,
indemnify, and hold harmless the State, the City, and both of their elected officials, officers,
employees, volunteers, agents, successors, assigns, and those agents serving as independent
contractors in the role of 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 due to, 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 lndemnitees. 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 16(a), Contractor shall
reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising
out of or incident to any bid protest.
c. Civil Code Exception. Nothing in Section 16(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 Indemnitees' active negligence to
the limited extent that the underlying Agreement is subject to Civil Code section 2782(b ).
d. Nonwaiver of Rights. lndemnitees 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 lndemnitees.
f. Survival. The provisions of this Section 16 shall survive the termination of this Agreement
and are in addition to any other rights or remedies that Indemnitees may have under the law.
Payment is not required as a condition precedent to an Indemnitee' s right to recover under this
indemnity provision, and an entry of judgment against a Contractor shall be conclusive in
favor of the lndemnitee's right to recover under this indemnity provision.
16. 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
SPC06-62 C-10
Liability); Additional Insured Endorsement (Automobile Liability); Additional Insured
Endorsement (Excess Liability); Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transactions; the federal Drug-Free Workplace
Certification; the Civil Rights Assurance; and the Federal Lobbying Certification. Contractor shall
sign and have every one of its Subcontractors sign the following forms, and shall submit all
completed forms to the City before commencing any work on the Project: Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transactions; the federal Drug-Free Workplace Certification; the Civil Rights Assurance; and the
Federal Lobbying Certification.
17. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to the
City all rights, title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with
Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising
from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall
be made and become effective at the time the City tenders final payment to Contractor without
further acknowledgment by the parties.
18. Trenching and Excavations. If the project involves trenching more than four (4) feet deep,
Contractor shall promptly and before the following conditions are disturbed notify the City in
writing of any: material that Contractor believes may be material that is hazardous waste, as
defined in California Health and Safety Code Section 25117, that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing law; subsurface
or latent physical conditions at the site differing from those indicated; or unknown physical
conditions at the site of any unusual nature, different materially from those ordinarily encountered
and generally recognized as inherent in work of the character provided for in the Agreement. The
City shall promptly investigate the conditions, and if the City finds that the conditions do
materially differ or do involve hazardous waste and cause a decrease or increase in Contractor's
cost of or the time required for performance of any part of the work, the City shall issue a change
order.
19. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and
incorporates that section herein by this reference.
20. Location of Existing Elements. The methods used and costs involved to locate existing elements,
points of connection and all construction methods are Contractor's sole responsibility. Accuracy
of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its
sole expense, must make all investigations necessary to determine locations of existing elements,
which may include, without limitation, contacting U.S.A. Alert and other private underground
locating firm(s), utilizing specialized locating equipment and/or hand trenching.
21. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly
independent contractor. Neither the City nor any of its agents shall have control over the conduct
of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is
free to dispose of all portions of its time and activities which it is not obligated to devote to the
City in such a manner and to such persons, firms, or corporations at the Contractor wishes except
as expressly provided in this Agreement. Contractor shall have no power to incur any debt,
obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on
behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it
or any of its agents, servants or employees, are in any manner agents, servants or employees of
City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this
Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments,
penalties, and interest asserted against the City by reason of the 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
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and hold the City harmless from any failure of Contractor to comply with applicable workers'
compensation laws. The City shall have the right to offset against the amount of any compensation
due to Contractor under this Agreement any amount due to the City from Contractor as a result of
its failure to promptly pay to the City any reimbursement or indemnification arising under this
Section.
22. Davis-Bacon Act, Copeland Anti-Kickback Act, and Prevailing Wages. Contractor acknowledges
that this is a federally assisted construction contract and that federal labor standards provisions,
including prevailing wage requirements of the Davis-Bacon Act and related acts (40 U.S.C. 276a
to 276a-7 and Department of Labor regulations in 29 CFR Part 5), 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.html) 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 document
titled Agreement to Comply with California Labor Law Requirements is attached hereto and
incorporated herein by this reference. Contractor shall comply with the Copeland Anti-Kickback
Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).
23. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every
contractor will be required to secure the payment of compensation to its employees. In accordance
with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as
follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to under take self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
24. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting Fair
Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by this
reference.
25. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the
duration of this Agreement. Contractor shall not perform work with debarred subcontractor
pursuant to California Labor Code Section 1777 .1 or 1777. 7. Contractor shall not be debarred,
suspended, or otherwise excluded from or ineligible for participation in Federal assistance
programs under Executive Order 12549, "Debarment and Suspension." Contractor shall not
perform work with a subcontractor who has been debarred, suspended or otherwise excluded from
or ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension."
26. Contract Work Hours and Safety Standards Act. Contractor shall comply with Sections 103 and
107 of the Contract Work Hours and Safety Standards Act (40 USC§§ 327-330), as supplemented
by Department of Labor Regulations contained in 29 C.F.R. Part 5. All of these statutory
provisions are incorporated herein by this reference. 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 that chapter.
27. Clean Air Act and Energy Efficiency. Contractor shall comply with all applicable standards,
SPC06-62 C-12
orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)),
Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental
Protection Agency regulations ( 40 CFR part 15), and mandatory standards and policies relating to
energy efficiency which are contained in the State energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
28. Compliance with Laws. Contractor shall comply with all applicable federal, state and local
statutes, ordinances, executive orders, circulars, codes and regulations in force at the time
Contractor performs pursuant to this Agreement, including but not limited to the Land and Water
Conservation Fund (LWCF) Act of 1965, Executive Order 12549 and 43 CFR Part 12.
29. State Grant. Contractor shall comply with all provisions of the grant contract executed for this
Project between the City and the State, which is incorporated herein by this reference, including all
documents, manuals (including but not limited.to the LWCF State Assistance Program Manual),
statutes, executive orders, circulars, codes, regulations and provisions listed in the grant contract.
30. Nondiscrimination. The Contractor must comply with all federal nondiscrimination laws, and
shall not discriminate on the basis of race, color, national origin, handicap or age, including but
not 1imited to: Section 504 of the Rehabilitation Act of 1973 at 43 CFR 17, Subpart B; Non-
Discrimination on the Basis of Age at 43 CFR 17, Subpart C; ADA Title II at 28 CFR 35; ADA
Accessibility Guidelines at 28 CFR 36; Title IX of the Education Amendments of 1972 at 43 CFR
41; and Limited English Proficiency (E.O. 13166) at 28 CFR 42.104(b)(2).
31. 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.
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. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the
term of this Agreement or within twelve (12) months after completion of the work under this
Agreement which is or may likely make Contractor "financially interested," as provided in
Government Code Section 1090 and 87100, in any decisions made by City on any matter in
connection with which Contractor has been retained pursuant to this Agreement.
34. 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.
35. 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 Contractor 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
SPC06-62 C-13
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. Contractor shall not obtain or attempt to obtain copyright protection as to any Written Products.
Contractor 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.
Contractor 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. Contractor shall defend, indemnify and hold the City, and its elected
officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as
independent contractors in the role of City officials, harmless from any loss, claim or liability in any
way related to a claim that City's use of any of the Written Products is violating federal, state or local
laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises,
copyrights, patents or other means of protecting intellectual property rights and/or interests in products
or inventions. Contractor 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, Contractor, 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 Contractor shall deliver to the City
all Written Products and other deliverables related to the Project without additional cost or expense to
the City. If Contractor prepares a document on a computer, Contractor shall provide City with said
document both in a printed format and in an electronic format that is acceptable to the City.
36. 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.
37. 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.
38. 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.
39. 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.
40. Entire Agreement. This Agreement, including any other documents incorporated herein by specific
reference, represents the entire and integrated agreement between City and Contractor. This
SPC06-62 C-14
Agreement supersedes all prior oral or written negotiations, representations or agreements. This
Agreement may not be modified or amended, nor any provision or breach waived, except in a
writing signed by both parties which expressly refers to this Agreement.
41. 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.
42. 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.
43. 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, P.E., Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONTRACTOR:
The address listed in Exhibit "B."
44. 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.
45. 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.
CITY OF RANCHO PALOS VERDES
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
SPC06-62 C-15
Dated:: __________ _
("CONTRACTOR")
By: _________ _
Printed Name: _______ _
Title: __________ _
By: _________ _
Printed Name: _______ _
Title:-----------
SPC06-62 C-16
EXHIBIT "B"
PROPOSAL
CITY OF RANCHO PALOS VERDES
ABALONE COVE SHORELINE PARK IMPROVEMENTS PROJECT
TO THE DIRECTOR OF PUBLIC WORKS CITY OF RANCHO PALOS VERDES
The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any other
person, firm or corporation, and that the only persons or parties interested as principals are those named
herein; (2) bidder has carefully examined the project plans, specifications, instructions to bidders, proposal,
notice to contractors and all other information furnished therefore and the site of the proposed work; (3)
bidder has investigatep 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 specifloatlons, for the following stated unit
prices or lump-sum price as submitted on the Schedule attached hereto:
The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety
Record.
Accompanying this pmposat is'.&jclder\ t;oorl (Insert)"$ \tLZ. •cash,""Cashier'sCheck,"
"certified check," or "§id Bond,tt as the case may be) In the amount equal to atleast 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, withln 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 contracto , Callfomia Contractor's
License No. C\1..1'5\:\4 , Class~. Expiration Date \ -1,\-\'5' . ,c..\'>iVl-1 .
Signature(s) of bldder:~~:r..e:· w:t'-'e!~-2~:::::...~..,....."""--'_:::::::.\-=:::..:::l,.,..,,...1~..:=.a:==--
lf an individual, so state. If a firm or co""R rtnership, state the fi nam and give e names of all individual
co-partners composing the firm. If a co oration. state legal nam rporation, also names of president,
secretary, treasurer, and manager thereof. Two notarized officer's signatures and the corporate seal are
requiredforcorporations. ~SA Co'f\'Stn.?cktof\1 lV\u
1)f4vt0\ l<Pi~b"v -pr~'>icJ.i..~t/TveetS1Afer
SPlm t<Asba;<" -v.? / Secce.fary
SPC06-62 P-lA
C-17
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
~WP.\t!l'~.¢U<"H~~~~#..cs'."4~&<'.<.'t<'~
State of California
San Bernardino County of }
On 112a/2014
Date
before me, Hector Zavala, Nota£ler Public
Hare 1nser1 Name and Tltfe al Iha
personally appeared ____ _ Diana Kasbar and Sam Kasbar
Namels) of Signet!Sl
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) ls/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
Signature __,1..p:1....,,...,~L--,=--.--..,.,..,..,........,.....,,.-----
--~--~--~~~~~-OPTIONAL --T<+----------------------
Though the informatiOn below Is not req11ired by law. tf may prove vs
and C01Jld pf'BV911t fraudulent remov111 and reattachment
Description of Attached Document
Tille or Type of Document: __ _
Document Date: _ -·· ----·-·· ___ . ··---------· --------Number of Pages:--------
Signer(s) Other Than Named Above: ----------------·-------------
Capaclty{ies) Claimed by Slgner(s)
Signer's Name: ___ ,,_, __ . ________ -------
_ j Individual
:J Corporate Officer -Title(s):
' Partner -~; Limited '::: General
-; Attorney 1n Fact
i..J Trustee
:J Guardian or Conservator
' Other:
Signer Is Representing: __ _ -· I
Tep ol thuml) here
--------··------,_ ____ _,
Signer's Name: _____________ _
r Individual
L Corporate Officer -Title(s): ---------
r:: Partner -L. Limited fl General
I.. Attorney in Fact
~Trustee
r . Guardian or Conservator
C Other:
Signer Is Representing: ____ _
Top ol tl>umb here
~~~~~::<:.'C~~-~~~~~~~~~~~~:(IC<;~::o<;:I(,..~~~
~2007 Nat"'"•' flolillV J\ssoc;i.1b<)n• 9350 De Seto Ave. PO Box 2402. Cl\3lS'NOflh CA 91;113·2•02• www.1'1al!onutNotaiy.org Item W5007 Rtl(-.nlet'Call1illl-i'tve 1-800-876-6821
C-18
Legal Business Name: K.AS\Ot C.0Y1"5troc.t\OO 1 \ Y'\G
Address: }5\l..\<l Z,ic.Cf°'-'bon\±C4 lflaJL ('bino 1 c~ C\tllO
Telephone; ( qOC\) 451-$ "UoO
'
Contact: ~ \<:'.-t:tc;be,r
Proposals which do not show the number and date of the Bidder's License under the provisions of
Chapter 9 of Division 3 of the Business & Professional Code wlll be rejected. To be submitted with
each bid to contract for City of Rancho Palos Verdes ABALONE COVE SHORELINE PARK
IMPROVEMENTS PROJECT
Bid Date_ ..... \ _-..:;;1-;;...$;;... .. _\_~ ____ _
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.
SPC06-62 P-2A
C-19
CERTIFICATE OF CORPORATE RESOLUTION
Of
KASA CONSTRUCTION INC.
I, _ __.D ..... I~A-..N ...... A .... K=--A=SB=A--=R __ _.,, President of KASA CONSTRUCTION INC., organized and
existing under the laws of the State of California and having its principal place of business at_
15148 Sierra Bonita Lane. Chino, CA 91710 , hereby certify that the following is a true copy of a
resolution adopted by the Board of Directors of the Corporation at a meeting convened and held on
NOVEMBER 09, 2013, at which a quorum was present and voting throughout and that such resolution
is now i~ full force and effect and is in accordance with the provisions of the charter and by-laws of the
Corporation.
RESOLVED : That the DIRECTORS are hereby authorized and directed to certify to any
interested party that this resolution has been duly adopted, is in full force and effect. and is in
accordance with the provisions of the charter and by-laws of the Corporation.
FURTHER RESOLVED, none at this time.
I further certify that this Corporation is duly organized and existing, and has the power to take the action
called for by the foregoing resolution.
DIRECTORS .,..,.--....
DIA AKASBAR 1 IM09-13
President Date
SAMKASBAR 11-09-13
Vice President Date
SAMKASBAR 11-09-13
Secretary Date
a_U' /
DIANAKASBA (;'>" ~ I 1-09-13
Treasurer Date
Witness my hand seal of this Corporation on this 9th day of November , 2013 .
C-20
CITY OF RANCHO PALOS VERDES
BID SHEET
ABALONE COVE SHORELINE PARK IMPROVEMENTS PROJECT
NAME OF COMPANY: '&A!>!Ct Q.0Y17t(11c:\ion, \Y\C..
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. supplies, site preparation, Demolition, mobilization,
demobilization and traffic control costs for these items below should be included in the unit prices of the
work. the project identified as ABALONE COVE SHORELINE PARK IMPROVEMENTS PROJECT in
accordance with the specifications and plans for demolition, construction and installation In the Contract
Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos
Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices:
The quantities reflected on the plans and in the bid-sheets are representative of the amount of
work for each item on the project, but are not final quantities to be used for computing payment
Payment wlll be based on the measurement of actual work completed. The contractor must
notify in writing to the project manager of all discrepancies between actual quantities and those
shown In the bid document prior to commencement of work in any area of the project •
. BASEBID
UNIT OF
ITEM DESCRIPTION MEASURE QUANTITY UNIT TOTAL COST$
COST$
Erosion control,
Implementation of the
Project SWPPP and
Submittal of the Annual
1 Report to the SMART LS 1 System, Supply QSP 1fl, {PD '57 1DCO
and Water Samples
taken as required by the
SWPPP and Tested by
an Approved Lab.
---
2 Clearing and grubbing sf 22,000 .SD \l ,'\j'Vv trees & underbrush
3 3/4" Clean Washed
Drain Gravel cy 5 \'S' Ci1S" -
4 12" x 12" Catch Basin ea 3 1')0 i,1-'S'v
5 611 PVC Storm Drain If 115 81 -3; ttS 1 Pipe
--
P-3A
I
C-21
ITEM DESCRIPTION UNIT OF QUANTITY
MEASURE UNIT TOTAL COST$ .__
6 Cut to fill or spoil ~ ..Jr C.'f 400 1-7,.1 iw
I
!
7 Fine grading and sf 25,000 "0 c.; c;J compaction I ;) 11·
Stabilized earth ~
8 compacted natural soil sf 5,000 .~D . i;oo with Gorilla Snot \ \ stabilizer
Concrete mow strip
·6"x4", #4 rebar, /,,.
9 imprinted with plant If 100 )'1 \ \Cj l.:V material, hand prints,
etc.
Stabllfzed decomposed
granite, 4" thick over
compacted subgrade "" ,,.. 0-~f..) 10 sf 20,000 ?>~VJ with Headers I Stakes 1~1 and filter cloth (nodes
and ADA oath).
Irrigation system ,,..
?/b 15LP 11 (with legends on sheet sf 22,000 \ ,1'-J 5.1 minus alternates on
sheet 2.1)
12 Dinosaur Dig Play Is 1 l1tD00 q \·DDL> Equipment
Picnic table with
13 benches (Includes ea 10 "\,tuO y \ '~()0 concrete pad)
14 Balustrade Bench ea 4 i,,, \'OD q \ t.-\ l)\)
15 Shadowiine Bench ea 4 ri.\ roo 4,1Y.UV
16 Bicycle rack ea 2 315 (.p'1°U
Gretchen trash
17 receptacle, custom, ea 5 t;SD 1~tJ double sided with \I recycled
18 Shade structure Is 1 ·1i,uac ·~1" e;LJU
l
19 l Mutt Mitt Dispenser ea 2 \'i\J t 1SW
P-4A
C-22
ITEM DESCRIPTION UNIT OF QUANTITY MEASURE UNIT TOTAL COST$
20 I I Telescope ea 2 S,"bCO l\ 1 ltiuC
21 Soil amending sf 22,000
,,...
s'b ':) 1,10C
22 24" box trees ea 3 ?J\S Ci\ 4'5"
23 1 gallon shrubs ea 11,100 \li .·1S-il-\ I Ci/1.5
24 2"-3" Bark Mulch sf 22,000 4'~
' "O cl1CioD ·-120 Days landscape ,
25 maintenance period sf 22,000 I \ i., 3,?fJO ·----
26 30" CMU retaining walls If 136 7S 1 o , ·JJ)u
27 Smooth river boulders, ea 40 ')SD lY 1 bOD 24"-60" dia.
28 Supply and Install 36" x ea 1 ritlO 1.,,.-1 c:DD 48" Proiect Fundina slan ~I -.
GRAND TOTAL J l..fl.-f~ .3SO
THE LOWEST BID SHALL BE THE LOWEST BID PRICE ON THE BASE BID WITHOUT
CONSIDERATION OF THE PRICES ON THE ADDITIVE OR DEDUCTIVE ALTERNATES
P-SA
C-23
ADD. ALTERNATE #1 (PER L-2.1) .
ITEM DESCRIPTION UNIT OF QUANTITY UNIT TOTAL
MEASURE COST COST ,....--..-.....---
Cut to fill or spoil
. /' \) ?f'l') 1.6 cy 35 •?/J
1.7 Fine grading and sf 1,600 ' -\I to DO comoaction
Stabilized earth • compacted
1.8 natural soil with Gorilla Snot sf 1,600 \-I 1 1p ~O stabilizer
TOTAL ~L)1 Lfl~
ADDITIVE ~LTERNATIVE #1 TOT.AL IN . . _
WORDS: JU C :tbDVStl nc1 ±ou\ bvndf 2cl :l:w0rk;) :£ Vfl-OD> I l"1f <:::>
THE LOWEST BIO SHALL BE THE LOWEST BID PRICE ON THE BASE BID WITHOUT
CONSIDERATION OF THE PRICES ON THE ADDITIVE OR DEDUCTIVE ALTERNATES
P-6A
C-24
ADD. ALTERNATE #2 (PER L .. 2.1) -------
ITEM DESCRIPTION UNIT OF QUANTITY UNIT TOTAL
MEASURE COST COST
2.2 Clearing and grubbing trees sf
;
2,200 /
\ I \.l;'50 I jl-, & underbrush I
' ~ l 1 2...2.')° 2.6 Cut to fill or spoil cy I 35 :
2.7 Fine grading and sf I 1,620 r-\t.?Z-D camoaction \
StabHized earth -compacted ,,.
2.8 natural sail with Gorilla Snot sf 1,620 t ,,,, ?-1 'DL<J stabilizer
2.11 Irrigation system sf 2,200 l.f ... Cb\~06
2.21 Soil amending sf 2,200 / \.'-\'3D ,"\th .
2.23 1 gallon shrubs ea 1,440 0( \"1.. l q ~D
2.24 2" -3" Bark Mulch sf 2,200 .~~ Lq,lD
120 Days Landscape I 'J,.110 S,SDO 2.26 maintenance oeriad sf 2,200
TOTAL <Et 3 7 o'DO
' I
THE LOWEST BIO SHALL BE THE LOWEST BID PRICE ON THE BASE BID WITHOUT
CONSIDERATION OF THE PRICES ON THE ADDITIVE OR DEDUCTIVE ALTERNATES
P-7A
I
C-25
ADD. ALTERNATE #3 (PER L·2.1l -
ITEM DESCRIPTION UNIT OF QUANTITY UNIT TOTAL
MEASURE COST COST
3.2 Clearing and grubbing trees sf 1,820 \ .. \ ,<b z..D & underbrush
3.6 Cut to fill or spoil cy 20 )0 l_vt/D
3.7 Fine grading and sf 920 \ .... 'fiD comoactfon
Stabilized earth -compacted \'?PI 3.8 natural soil with Gorilla Snot sf 920 : I 1110'-i stabilizer
3.11 Irrigation system sf 1,830 4--1162.D
3.21 Soil amending sf 1,830 \~ \.Cb ~G
C\ ....... I
3.23 1 gallon shrubs ea 750 ~,. 15D
/ \·.SSS"· ?b 3.24 2"-3" Bark Mulch sf 1,830 ti~~
3.25 120 Days maintenance sf 1,830 i.c;D L-t. S"1S-·--··-· --·-·-·
TOTAL <:\l> Tu I L\'1L\5C
THE LOWEST BID SHALL BE THE LOWEST BID PRICE ON THE BASE BIO WITHOUT
CONSIDERATION OF THE PRICES ON THE ADDITIVE OR DEDUCTIVE ALTERNATES
P-8A
C-26
ADD. ALTERNATE #4 (PER L-2.1)
ITEM DESCRIPTION UNIT OF QUANTITY UNIT TOTAL
MEASURE COST COST
4.2 Clearing and grubbing trees sf 800 \,SD l 1 z,c;.O & underbrush
4.6 Cut to fill or spoil cy 25 'YJ'-150
4.7 Fine grading and sf 1,100 \ ..... I\ lcO comoaction
Stabilized earth -compacted
\ t\bD 4.8 natural soil with Gorilla Snot sf 1,100 , ......
stabUlzer
4.11 Irrigation system sf 800 ,., isu ~\ '2-1<"bCl)
4.21 Soil amending sf 800 \, 1b l. i.co
3.23 1 gallon shrubs ea 470 q-Y.23D
3.24 2"-3 11 Bark Mulch sf 800 \-ft,tf{)
3.25 120 Days Landscape sf 800 3-?., ,l-\cD maintenance oeriod ......
TOTAL ct} \ [). :;;~D
THE LOWEST BID SHALL BE THE LOWEST BID PRICE ON THE BASE BID WITHOUT
CONSIDERATION OF THE PRICES ON THE ADDITIVE OR DEDUCTIVE ALTERNATES
P-9A
C-27
ADO. ALTERNATE #5 .. TRAILS AT BLUFF AND PARKING LOT
ITEM DESCRIPTION UNIT OF I QUANTITY UNIT TOTAL
MEASURE COST COST ,_..
I 5.6 Cut to fill or spoil cy 100 ""l..D-·~1 000 v
5.7 Fine grading and sf ! 4,900 ,IJ< ~I \i~ compaction
Stabilized earth -compacted l
5.8 natural soil with Gorilla Snot sf ! 4,900 \/ l-\' ,ctcO ! stabilizer !
TOTAL I i l Lfi:{S"
ADDITIVE AL TERNA~ #5 TOT~ IN
WORDS: ~,\.Q\jf)Jflr;VSC\0 a ,\Pjht~.r f1Vi:,. dv) ltirS
THE LOWEST BID SHALL BE THE LOWEST BID PRICE ON THE BASE BID WITHOUT
CONSIDERATION OF THE PRICES ON THE ADDITIVE OR DEDUCTIVE ALTERNATES
P-10A
C-28
ADD ALTERNATE #6 .. ADDITIONAL BOULDERS AND FURNISHINGS -~ ·-.
ITEM DESCRIPTION UNIT OF QUANTITY UNIT TOTAL
MEASURE COST COST
6.13 Picnic table with benches ea 9 11;l>ro 3~\ t:.:£X> -
6.14 Balustrade Bench ea 1 '1 °},---0 2, ·3cc)
6.15 Shadowtlne Bench ea 1 '2,'JD 0 ·2,30D
Gretchen trash receptacle,
\~OD 6.17 custom, double sided with ea 4 ·1, ·1_.,0D recvcled
6.27 Smooth river boulders, 24"-ea 15 450 LP. ·1cs0 60"dia.
TOTAL 't\1~y 1 S5D
THE LOWEST BID SHALL BE THE LOWEST BID PRICE ON THE BASE BID WITHOUT
CONSIDERATION OF THE PRICES ON THE ADDITIVE OR DEDUCTIVE ALTERNATES
P-llA
C-29
ADD ALTERNATE #7 • FENCE ADDITIVE ALTERNATE
ITEM l DESCRIPTION UNITOF QUANTITY UNIT TOTAL
MEASURE COST COST
F.29 42" CABLE RAIL ~ UTILIZE LF 652 7:{;' t.'2.\~ZG EXISTING POSTS
ALLOWANCE FOR -oD F.30 REPLACEMENT OF EXISTING EA 20 1i,ooo POSTS lQ
TOTAL I '.~ 3'11 i~O
THE LOWEST BID SHALL BE THE l.OWEST BID PRICE ON THE BASE BID WITHOUT
CONSIDERATION OF THE PRICES ON THE ADDITIVE OR DEDUCTIVE ALTERNATES
P-12A
C-30
C-31
C-32
SPC06"62
C-33
SPC064>2
C-34
SPC0~62
C-35
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that
WHEREAS the City of Rancho Palos Verdes
(•Public Agency"), has Issued an invitation for bids for the work described as follows:
ABALONE COVE SHORELINE PARK IMPROVEMENTS PROJECT
WHEREAS Kasa Construction, lnc., 15148 Sierra Bonita Lane. Chino, CA 91710
(Name Qt/ flddrllJI of BldtNJ
('Prlnc:fpar), desires to submit a bfd to Public Agency for the WOfk.
Bond No. KASC0-386
WHEREAS, blddera are requJred under lhe provlsTcns of lhe Callfomla Public Contract Code to furnish a
form of blddel's security with their bid.
NOW. THEREFORE, we, the undersigned Principal, and The Ohio Casualty Insurance Company, 62 Maple A\'cnuc. Keene. NH
03431
""""'rmd acMeaa Of Slnf)I)
("Surety") a duly admitted surety Insurer under1he laws of the State of Celtfomia, as Surety, are held and
flnnly bound un10 the Publfc Al;Jency In Che penal sum of Ten Percent of the Total Amount Bid
DoUars ($.10% of the Total Amount Bid ), being not less than ten pen:ent(1 ()%)Of lhe
total bid price, In lawful mon,yofthe UDited States Of AmeOca. for1he paymentof whlchaum wal and truly
to be fnllCk.t, we binc:t ou.rseJves, our heh. executors, adrnlnlafrlltDm, successors, and asstgns, jointly and
MYBrally, firmly by lheae preee"'8.
THE CONDITION OFTHIS 081.lGATION IS SUCH THAT, If 1he hereby bounded Principal Is awarded a
contntot for the work by lh• Public Agency and, within 1he time and Jn the manner reqUired by the bidding
speclftcallana, emn lnto 1he wrillen fonn of contract lnduded with bidding apaclilcallons, 1Umlshes 1tle
requited bonds, one io guarantee falthfuJ perfonnanc:e and the other to guarantee payment for labor and
rnatarlala. and fUrnishes the required fnawance coverage, than thls obllgation ahafl become nuU and void;
o1herwlee, It thaU be and remain ii fUlt forte and effect.
In C888 suit rs broUght upon this bond, Surety further agraea to pay all court costs lncwred by the Public
Agency In the 1u1land t'88IOl18ble attorneys' fees in an amountflxed bythecourt SuratyherabywalYesthe
provisions of C81if'oml8i CMI Code 2845.
SPC06-62 P·IB
C-36
IN WITNESS WHEREOF, this instrument has been duty 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 offls governing body.
Dated: Januacy 16. 2014.
·principar
Kasa Construction, Inc. The Ohio Casualty Insurance Company
By:_..,_---------
lts
SPC~l P-19
C-37
THIS. POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of AHomay Hmlts Iha act& of those named herein, and lhey have no authority to bind the Company exceptln the manner and to Iha extent herein staled.
Amedcan Fire and Casualty Cpmpany
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certlficale No. 6060163
KNOWN ALL PERSONS BY THESE PRESENTS: Thal American Fire & Casualty Company and The Ohio Cssuall:y lnsurancll Company are corporations duly organiZed under the laws of
the Stare of New Hampshire, lhat Liberty Mutual Insurance Company Isa corporation duly organited under the laws of the Slate or Massachusetls, and West American lnsumnce Company
is a corporation du)y Olg!llliZed under the laws or the Stale of Indiana (herein colledively caUed the "Oompaniesj, pll!Sllant lo and by aulholity herein set forth, does hereby name, conslllute
and appoln~ Mil.ltliew R. Dobyns; Randy Spohn
all Of !he city or Santa Ana • stare of CA each lndlvK!ually if there be more lhan one named, ita true and lawful attomey-ln-t'acl to make, exectrte, seal, acknowledge
and deliver, ror and on lls behall 119 surely and as its act and deed, any and all undertakings, bQnds, recognizances and olher surety obligations, in pulliuance or lhese presants and shall
be as binding upon the Companies as If they have been duly signed by lhe president and altasted by the seaelary ol Iha Companies in their own proper persons.
IN WITNESS WHEREOF. lhls Power or Attomey has been S\lbscribed by an eulhorized officer or ofticiat or lhe Companies and the corporale seals of the Companies have been ab
::io. thereto llU..2mt1-day of March , ™-'
American Fire and casualty Company -8
:t! The Ohio Casually Insurance Company ! l Liberty Mutual Insurance Company :
llD il: west American Insurance Company -; ,,. ~· ~ ~
;.l!C J II-" By: . · . . .,,,.. I J:l
j c STATE OFWASHINGTON ss ~ASSiSiantSectelaly i ;t!; COIJNlY OF KING = S
1 g, On this~ day or March 2013 , before me per$0!l81iy appeared Gregory W. Davenport. who acknowledged htlll$8ll to be lhe Assistant Sacrelaly or American rJ.., 5 • Fire and casualty Company, Uberl:y Mutual Insurance Company, The Ohto casua11y Company, and West American lllSUlllnca Company, and that be, as such, being authorized so Ill do, ~
'S 3 execute the fon!gcing ll!lllrument ll>rf18 purposes therein contained by slgnillg on behalf of the COfPOl'81ions byhimsell as a duly authorized officer. ! E
~·> ~o~ m IN WITNESS WHEREOF, I have hereun!O subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year r111t above wrillan. -
=ii ~~,t~,~~,,~ ~ ~
l! :s /«"'"i1>1X i.' ~.,_ v ......_ o:~ •• .. 1' i tr "14. ;:': B J..A....JCAt i• i 1 i : >ltlfMY i ~ y: KO Riley N~bll ~,, Ois t·l'VSli<:.. • c llDC
-I. ~· ~. ,.,.,'>.'iJ'/ ' ta ·o ·~ "'·•'·r§if o 1;; s io,~,,hrt~~~~~~~--' a. ii
8 t This Power of Attorney 1$ made and exl!Qlted pursuant !o and by authority of the ~owing By·laws andAulhorimlionsorAmerk:an Fire and Casually Company, The Ohio casualty Insurance fll o or..,. Company, Liberty Mu111al lnsuranoe Company, andWeslAmedcan Insurance Company which resdulions are now in full force and effect reading as follows: j c::!
f f ARTICLe IV-OFFICERS-Sdon 12. Power 111 AttomeY.Any olllcer or otherofticlal of Iha Corporallon aulhariZed rot that P\llJlOS8 in writing byte Chailman or the Presiden~ and subject 'S C: f S !o such Imitation u lhe Cb11lrman or the President may prescribe. shall appoint such atforneys.in-facl, as may be necessary lo m:t In behalf of the Corporation lo make. "*'1!e, seal, b I
o .5 acknowledge and deriver as surety any and al~. bal1ds. ~and olheraurety olfgalions. Such allomeys-fn..fact. subject to the fimi!afions set forih in tbeir111Spective ;; .!
E ri powers of allollley. shall have Ml power lo bind the Corporallon by their lllgnalure. and execution .of any such lnstrumerlls and to allaCh thereto lhe seal of the Corporation. When SO 1i IP
l§ ! executed, llUCh insfnllnents shal be .as binding as lfllglied by Iha President and attested to by the Sec:relary. Any !XM'al'otauthori\y granted to any representalive or all0111ey-io-fact under > "'
,.. Iha provislQns or this arlic!e may be revoked at any time by lbe eoatd. lhe Chairman, Iha Presldant or by the officer or 1111ice11 granUng such power or aulhorily. ! ' ~-. ~N i s: ARTICLE XIII-Execulfon of Conlr.lcis-SECTION 5. SUrely Bonds and Um!erta~lngs.Any officer of the Company 11ulhorized forlhat purpose In writing by the chairman or lhe president. E OJI
> !D and subject to such limllalions as Iha chalmliln or the pteSlclenl may prescribe, shall appellnt such allomeys.Jn-t'I!~ as maY be.necessary lo ad. in behalf of the COll1plny lo make. execute, ... ~ 15 § seal, ackncMfedge and defM!t as s~ty any and all undertaking~. lloods. secognizances'il\d other surely.obligations. SUQh allomeys.111-ract subject lo the Uml.lalions set l'or!h in their '@op
Z u respective powers of altomey, shall have lull power kl bind Iha Company by their signature and exea.ition of any such insWmenta and to attach thereto lhe seal or the Company. Whan so 8 o
executed such Instruments shal be as binding u lf signed by the president and attested by the secretary. 0 ~
Cer11flcate of Designation -The President of 1he Company, acting PUISU!lnl lo the Bylaws of Iha Company, alllhorizes Gregory W. Davenport. Assistant Secretary to appoint such F ot-
attomeys-fn.fact as may be necessary to act on behalf or Iha Company to make, execute, seal, acknowledge and deliver as $111"ely any and all undertakings. bonds, recognizances and
other surety ~allons.
Authorlratlon-By unanimous consent of lhe Company's Board of Directors, lha Company consents that facsimile or mechanicaly reproduced 91!!nalure or any assislanl secretary or the
Company, wherever appearing upon a certified copy of any power or allomey issued by Iha Company in conneclfon with surely bonds, shall be valid and binding upon Iha CompanyWilh
!he same fO!ce and elfect as though manually affixed.
I, David M. carey, the undersigned, Assistant Secretary, of American rue and Ossualty Company, The Ohio casually Insurance Company. Liberty Mutual lnsuraoce Company, and West
American Insurance Company do hereby cerllfy thet the original power of altomeyaf which the foregoing is a run, true and conec:tcopy oflhe PowerofAllorney 8Xl!Cllled by said Companies,
is In Aill l'ori::e and effect and has not been lllYOked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed !1111 aealsof said Companie$ !his J!_ day of January , 20~ •
~ By: , rn:cate. ~slant Secretary
149of150
C-38
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CAUFORNIA
:0 mr~ 18D~ \\
before me, ERIKA GUIQO. NOTARY PUBUC.
personally appeared MATTHEW R. DOBYNS
who proved to me on the basis of satisfactory evidence to be the personEst
whose nameOO is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/hef/theif
authorized capacity E1es7, and that by his/flel:/theif signatur~ on the
Instrument the person~, or the entity upon behalf of which the personOO
acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
Though the data below Is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDMDUAL
0 CORPORATE OFFICER
0 PARTNER{S) 0 UMmD
181 ATTORNEY·IN·FACT
0 TRUSTEE{S)
0 GUARDIAN/CONSERVATOR
D OTHER:_
SIGNER IS REPRESENTING:
NAME OF PERSON{S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
C-39
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
~~~-~;£~
On l/2s/2014
Data
before me. Hector Zavala, Nota~Pub_l_i_'c __ ~
Hare Insert Name a1111 i1110 Of Iha ~
personally appeared ________ D_i_a_n_a_Ka ____ s_b_a_r~~---
Name{$J CA SigneTl&I
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to lhe
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 1he
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.
~~~~--~~~~~-OPTIONAL~H-~----~------------~
Though tlie informaliOn below 1s not required by law. it may prove vat ble to persons r6lying on the document
and could prevent fraudulent removal and reattachment of his /Orm to another docum11n1.
Description of Attached Document
Title or Type or Document: _ ---· ·---
Document Date: ----------__
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:______ ----· ____ ..
'.j Individual
~l Corporate Officer -Tille(s):
_ 1 Partner -~~ Limited ·_; General
I · -i Attorney in Fact
'; Trustee Tep cf Ulumb he1e
·-1 Guardian or Conservator
1 Other:
Signer Is ReprAsenting: ___ _ ------------L ____ ~
Number of Pages:--------
Signer's Name: ____________ _
1 Individual
L Corporate Officer -Title(s); --------
C Partner -G Limited n General
r... Attorney in Fact
:-Trustee
1 • Guardian or Conservator
: ~Other: ______ , ___ _
Signer Is Representing: ____ _
~~C<#~~~a\,~~'l!<;."!Z<,~~iu~
.Ol!C07 •lal<r.hl foll)tary Asscelalioo"l3SO De Solo Ave .• PO Box 2402 •Chal!.1/0tth. CA 91313-2402 •w ..... NaliOna/flc>iluy.«g llam wS!Jl11 Roordl!r C$11Toll-l't'ett 1-800-876-61127
C-40
C-41
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
~~'><',<1®<'.c<'«.m-¢4!'¢~..¢<K;:OO~~~¢.~~&%mi<'«"¥..G'<'&S
State of California
County of-· San Bernard?1o --·-----··---}
On 1/2a12014 before me, Hector Zavala, Notary Public
Cale Here IMert m111e anc1ililii of 1ho Officer
personally appeared ------__ . .• Diana Kasbar
NeiJIO(S) Of SIQiiOrtSJ
·----~---------------------------------------------------------------------------
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
capacityOes), 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.
Signature~--1-1-L~-U.,J._. ____ ...,.,,.. _____ _
~----~------~-----OPTIONAL----.11--------------------
Though the 1nformstion below is not required by law. ii may prove vatuabl persons TtJlying on the document
and could preve111 fraudulent removal and restrachment of this orm to anothst document.
Description of Attached Document
Title orTYpe of Document:--··--------------------------
Document Date: _ .......• ____ -----·-· ____ Number of Pages:
Signer(s) OtherThan Named Above: --·----------·-
Capaclty(ies) Claimed by Signer(s)
Signer's Name: _______ _
.J Individual
:! Corporate Officer -TI!le(s):
Partner -·"' Limited _J General
Attorney in Fact
·· Trustee
, · Guardian or Conservator
· ' Other-·--------
Signer Is Representing: ___ _
-----··-·-·· ------l ___ _J
Signer's Name: ____________ _
; ~· Individual
t_ Corporate Officer -Title(s): ---------
r Partner --:: Limited r-i General
L.: Attorney in Fact
1· Trustee
l .. Guardian or Conservator
l. Other: __________ _
Signer Is Representing: _____ _
""""""'""'""""ci)Cr,.tl(;"Cl,'ciji.J><i<.~-c()QG-G(,"<!C<~·Q<:iCx.·'0<$X;il:><:N<AWSX.-<R.~rn ... ™
.02007 •J1rttlll• Nc;wy Asse>.."al<:'n• 9350 °" $010 AVI! PO Bo< 2402 •Cll:lls"""''"' CA 91313·2402 •WWW Nat;oiialtleloryorg lien\ 15007 Roorder Cllll'Rlft..Free H!QCl.876-6827
C-42
SPC06-62
C-43
REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which Bidder
has performed similar work within the past 2 years. The related experience submitted with lhe bid shall
document the type and number of projects that the Contractor has performed under State Water Board
Order Number 2009-009 as amended by Order 2010-0014-DWQ.:
Identification of QSP
Project Name: Kenn~th Hiihn Ea.~Lem Ridgel inc
WDID #: · 4 19C365510
The following are QSPs associated with this project
Name of Personnel( 1) Company
Payam Afsari County of Los Angeles
Date
January 2013
(1) If additional QSPs are requited on the JOb site add additional lines and include Information here
SPC06-62
C-44
REFERENCES
The following are the names, addresses 1 and telephone numbers for three publicagenciesforwhich Bidder
has performed similar work within the past 2 years. The related experience submitted with the bid shall
document the type and number of projects that the Contractor has performed under State Water Board
Order Number 2oog..009 as amended by Order 2010-0014-DWQ.:
Identification of QSP
Project Name: Long: B!.!uch Airp~irL Pr0Jcct Im.rruv..:mcnt to Twy G Euslo!'Rwy 12 30
WDID #'. 4 19C360945
The following are QSPs associated with this project
Name of Personnel(1) Company Dale
Payam Afsari Cily of Long Beach April 2013
(1) If addlliOnal QSPs are required on lhe 1ob site add addlUonal lines and rnclude information here
SPC06-62
C-45
REFERENCES
The following are lhe names, addresses, and telephone numbers for three public agencies for which Bidder
has performed similar work within the past 2 years. The related experience submitted with the bid shall
document the type and number of projects that the Contractor has performed under State Water Board
Order Number 2009-009 as amended by Order 2010-0014-DWQ.:
Identification of QSP
Project Name: Admiralty Way Street Improwmi.:nt~
WDID #: 4 19C366773
The following are QSPs associated with this project
Name of Personnel(1) Company
···-
Payam Afsari County of Los Angeles
-
Date
June 2013
. . (1) If additional QSPs are mqulred on the Job site add addiUonal lines and include information here
SPC06-62
C-46
C-47
Authorization of Data Sub·m1tters
Project Naine: -----
WDID #: ____________ _
Name of Project Role
Personnel
Jeffrey Gavazza QSD
-· -Payam Afsari QSP
Approved Signatory's Signature
Payam Afsari, QSP Inspector
Approved Signatory
Name and Title
SPC06-62
Company Signature
KPFF -
SSRSS Inc, ~ .,
01-28-2014
Date
(310) 343-8313
Telephone Number
P-22
Date
-
01-28-2014
C-48
ADDENDUM NO. 1
Abalone Cove Shoreline Park Improvements Project
FOR THE CITY OF RANCHO PALOS VERDES
In accordance with "Addenda" on page 1-1 of the ''Instructions to Bidders", the following
changes (revisions, additions, and/or deletions) are hereby incorporated and made a
part of the subject plans, specifications and contract documents for this project.
ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED
BELOW. FAILURE TO DO SO MAY SUBJECT BIDDER TO DISQUALIFICATION.
This Addendum forms a part of the Contract Documents for the above-identified project
and modifies the original specifications and Contract Documents, as noted below. Portions
of the Contract, not specifically mentioned in the Addendum, remain in force. All trades
affected shall be fully advised of these changes, deletions, and additions.
This addendum included additions and changes to the contract documents as
follows:
Additional Information:
1. The Abalone Cove Storm Water Pollution Prevention Plan (SWPPP)
referred to as Appendix V Is attached
This SWPPP is to be attached to the section of the Specifications referred to as
Addendum V. This document is for reference and Is deemed to be an integral part of
the bid documents and shall be considered as such.
End of Addendum No. 1.
I 2.. J
Date
I acknowledge receipt of this Addendum No. 1 and accept the aforementioned.
Date
For your bid to be considered "responsive", this addendum acknowledgement must be
signed and returned with the bid at the time of bid. Failure to do so will disqualify the bid.
Addendum No. 1 (Abalone Cove Shoreline Park Improvements Project)
1
C-49
ADDENDUM NO. 2
Abalone Cove Shoreline Park Improvements Project
FOR THE CITY OF RANCHO PALOS VERDES
In accordance with "Addenda" on page 1-1 of the "Instructions to Bidders", the following
changes (revisions, additions, and/or deletions) are hereby incorporated and made a
part of the subject plans, specifications and contract documents for this project.
ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED
BELOW. FAILURE TO DO SO MAY SUBJECT BIDDER TO DISQUALIFICATION.
This Addendum forms a part of the Contract Documents for the above-identified project
and modifies the original specifications and Contract Documents, as noted below. Portions
of.the Contract, not specifically mentioned in the Addendum, remain in force. All trades
affected shall be fully advised of these changes, deletions, and additions.
This addendum included additions and changes to the contract documents as
follows:
Deleted Information:
1. Delete Page NC-1 of the Bid Documents in its entirety
Additional Information:
1. Add the attached replacement Page NC-1 A to the Bid Documents
This addendum changes the bid date and the requirement for the contractor to provide
submlttals, 12 calendar days prior to the bid due date, for all materials, articles or equipment
that he proposes to use in the construction of the contract, which is differenf from that
specified or named.
End of Addendum No. 2.
Michael Throne,
Director of Public Works
I acknowledge receipt of this Addendum No. 2 and accept the aforementioned.
Date tlder
Date
For your bid to be considered "responsive", this addendum acknowledgement must be
signed and returned with the bid at the time of bid. Failure to do so will disqualify the bid.
Addendum No. 2 (Abalone Cove Shoreline Park Improvements Project)
1
C-50
NOTICE INVITING SEALED BIDS
ABALONE COVE SHORELINE PARK IMPROVEMENTS PROJECT
CITY OF RANCHO PALOS VERDES
BIDS MUST BE RECEIVED BY:
BIDS TO BE OPENED AT:
PLACE OF BID RECEIPT:
10:00 a.m. on Tuesday, January 28, 2014
Shortly after 10:00 a.m. on Tuesday, January 28, 2014
Office of the Director of Public Works
City Hall, 30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
NOTICE IS HEREBY GIVEN that the City of Rancho Palos Verdes, County of Los Angeles, California, will
receive up to, but not later than the time set forth above, sealed contract bids for the award of a contract for
the above project. All bids shall be made on the form furnished by the City and will be opened and publicly
read aloud a few minutes after the above-stated time at the place of bid identified above.
Sealed bids must be placed in a sealed package with the project name and identification number typed or
clearly printed on the lower left comer of the package.
This project is a Risk Level 1 project and will be covered by a State Construction General Permit issued by
the State Water Resources Control Board (SWRCB), WDlD #(to be obtained by the City)~ The contractor
shall work with the City of Rancho Palos Verdes to amend the Storm Water Pollution Prevention Plan
(SWPPP) for the project to comply with his/her chosen means and methods of construction; the SW PPP is
attached to these specifications (Appendix VI). The contractor shall provide a Qualified SWPPP Practitioner
(QSP) to perform all required Inspections and sample all non-storm water flows for non-visible pollutants as
required by the State Construction General Permit, SWRCB Order No. 2009-009-0WQ as amended by
Order 2010-0014-DWQ also included in Appendix VI.
At the time of the bid. the contractor shall identify the QSP who will be responsible for this project
as part of the bid submittal on page P-21 and P-22.
MANDATORY PRE-BID SITE VISIT MEETING: A mandatory pre-bid meeting will be held on
MONDAY, January 13, 2014. All potential bidders need to meet in the Public Works lobby by 10:00
AM (30940 Hawthorne Blvd., Rancho Palos Verdes, CA90275). Bids received from bidders who have
not attended this pre-bid meeting will be considered as non-responsive. Requests for separate pre-
bid site meetings are discouraged. The City has no obligation to arrange for a separate pre-bid site meeting,
however requests for separate visits may be considered in special circumstances and at the City's sole
discretion.
Requests for information (RFI) shall be submitted to the City no later than 7 calendar days prior
to the bid opening. RFl's received after this date will be disregarded.
Requests for the use of alternative materials, articles or equipment which are of equal quality
and of the required characteristics for the purpose intended, shall be submitted to the City no
later than 12 calendar days prior to the bid opening. Requests for the use of alternative
materials, articles or equipment after this date will be disregarded.
PROJECT IDENTIFICATION NAME: ABALONE COVE SHORELINE PARK IMPROVEMENTS PROJECT
(5970 PALOS VERDES DRIVE SOUTH, RANHO PALOS VERDES, CA 90275)
SPC06-62 NC-lA
C-51
ADDENDUM NO. 3
Abalone Cove Shoreline Park Improvements Project
FOR THE CITY OF RANCHO PALOS VERDES
In accordance with "Addenda" on page 1-1 of the "Instructions to Bidders", the following
changes (revisions, additions, andfor deletions) are hereby incorporated and made a
part of the subject plans, specifications and contract documents for this project.
ACKNOWLEDGE RECEIPT OF THJS ADDENDUM IN THE SPACE PROVIDED
BELOW. FAILURE TO DO SO MAY SUBJECT BIDDER TO DISQUALIFICATION.
This Addendum forms a part of the Contract Documents for the above-identified project
and ·modifies the original specifications and Contract Documents, as noted below. Portions
of the Contract, not specifically mentioned In the Addendum, remain in force. All trades
affected shall be fully advised of these changes, deletions, and additions.
This addendum included additions and changes to the contract documents as
follows:
Deleted Information:
1. Delete Pages P-1; P-2; P-3; P-4; P-5; P-6; P-7; P-8; P-9; P-10; P-11 and P-12 of the Bid
Documents in their entirety
2. Delete Page SP-9 of the Bid Documents
Additional Information:
1. Add the attached replacement Pages P-1 A; P-2A; P-3A; P-4A; P·SA; P·6A; P-7 A; P-8A; P-
9A; P-10A:. P-11A and P-12A to the Bid Documents. This changes the bid item numbers,
adds Item 7 ln the base bid and changes alternative 3 landscape maintenance period.
2. Add the attached replacement Page SP-9A. This changes the work hours permitted.
3. An alternative to the Trellis suppner shown on Sheet L-3.2 of the plans by Recreation by
Design Inc. is acceptable provided that the paint matches the color selected In the drawings.
End of Addendum No. 3.
~.
Michael Throne,
Director of Public Works
Addendum No. 3 (Abalone Cove Shoreline Park Improvements Project)
1
Date
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and the total contract price for the work, including a Fifty Dollar ($50.00) penalty per calendar day
the condition(s) exist from date of notification.
Full compensation for conforming to the provisions in this section not otherwise provided for shall be
considered as included in prices paid for the various contract items of work involved, and no
additional compensation will be allowed therefore.
19 ·WORK HOURS
The Contractor's working hours shall be limited to the hours between 8:00 a.rn. and 5:00 p.m.,
Monday through Friday, excluding those City holidays listed in Section 11.A.5 of the Special Provision
on page SP·2. Deviation from normal working hours wlll not be allowed without prior consent of the
Director of Public Works or his authorized representative.
In the event work is allowed by the Director of Public Works or his authorized representative outside
of the normal working hours, at the request of and for the benefit of the Contractor, inspection
service fees shall be levied against the Contractor al a rate of $114.00 per hour, plus travel Hme
where applicable. The above charge may also be levied if inspection services are deemed
necessary by the Director of Public Works as a matter of public safety or to otherwise ensure tbe
quality of the work.
If work is permitted after sunset, the Contractor shall provide, at its expense, adequate light for
proper prosecution of the work for the safety of the workmen and the public, and for proper
inspection.
SPC06-62
SP~9A
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I acknowledge receipt of this Addendum No. 3 and accept the aforementtoned.
Date Bid r
For your bid to be considered "responsive", this addendum acknowledgement must be
signed and returned with the bid at the time of bid. Failure to do so wlll disqualify the bid.
Addendum No. 3 (Abalone Cove Shoreline Park Improvements Project)
2
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ADDENDUM NO. 4
Abalone Cove Shoreline Park Improvements Project
FOR THE CITY OF RANCHO PALOS VERDES
In accordance with "Addenda" on page 1-1 of the "Instructions to Bidders", the following
changes (revisions, additions, and/or deletions) are hereby incorporated and made a
part of the subject plans, specffications and contract documents for this project.
ACKNOWLEDGE RECEIPT OF THlS ADDENDUM IN THE SPACE PROVIDED
BELOW. FAILURE TO DO SO MAY SUBJECT BIDDER TO DISQUALIFICATION.
This Addendum forms a part of the Contract Documents for the above--identifled project
and modifies the original specifications and Contract Documents, as noted below. Portions
of the Contract, not specffically mentioned in the Addendum, remain in force. All trades
affected shall be fully advised of these changes, deletions, and additions.
This addendum Included additions and changes to the contract documents as
follows:
Additional Information:
1. Add the replacement Pages P-1A; P-2A, referred to Addendum #3, which were missing in
the Addendum #3 package.
2. The stabilizing agent Rhino-Snot is approved as an equal alternative to Gorilla Snot
described in the plans and therefore may be used.
End of Addendum No. 4.
Michael Throne,
Director of Public Works
f.-?."l.-14
Date
I acknowledge receipt of this Addendum No. 4 and accept the aforementioned.
Date Bi aer
For your bid to be considered "responsive", this addendum acknowledgement must be
signed and returned with the bid at the time of bid. Fatlure to do so will disqualify the bid.
Addendum No. 4 (Abalone Cove Shoreline Park Improvements Project)
1
C-55
ADDENDUM NO. 5
Abalone Cove Shoreline Park Improvements Project
FOR THE CITY OF RANCHO PALOS VERDES
In accordance with "Addenda" on page f..1 of the "Instructions to Bidders", the following
changes (revisions, additions, and/or deletions) are hereby incorporated and made a
part of the subject plans, specifications and contract documents for this project.
ACKNOWLEDGE RECEIPT OF THlS ADDENDUM IN THE SPACE PROVIDED
BELOW. FAILURE TO DO SO MAY SUBJECT BIDDER TO DlSQUALIFICATION.
Thlf:! Addendum forms a part of the Contract Documents for the above~identified project
and modifies the original specifications and Contract Documents, as noted below. Portions
of the Contract, not specifically mentioned in the Addendum, remain In force. All trades
affected shall be fully advised of these changes, deletions, and additions.
This addendum included additions and changes to the contract documents as
follows:
Changed Information:
1. Please make the following change to Bid item 6 on page P-4A:
Change the Unit of Measure from LS to CY. Please cross out the typo and write in CY
End of Addendum No. 5.
Michael Throne,
Director of Public Works
I acknowledge receipt of this Addendum No. 5 and accept the aforementioned.
Date
Date
For your bid to be considered "responsive". this addendum acknowledgement must be
signed and returned with the bid at the time of bid. Failure to do so will disqualify the bid.
Addendum No. 5 {Abalone Cove Shoreline Park Improvements Project)
1
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CITY OF RANCHO PALOS VERDES
DESIGN PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 181h day of
March, 2014, by and between the City of Rancho Palos Verdes (hereinafter referred to
as the "CITY") and KOA Corporation (hereafter referred to as "CONSUL TANT").
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto
agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The project is described as the Abalone Cove Shoreline Park
Improvement Project (the "Project").
1.2 Description of Services
CONSUL TANT shall provide construction inspection and oversight, as
described in CONSUL TANT's Proposal, which is attached hereto as Exhibit "A" and
incorporated herein by this reference. In the event of any conflict between the terms of
this Agreement and Exhibit "A," the terms of this Agreement shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSUL TANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSUL TANT shall not be responsible for delay, nor shall
CONSUL TANT 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 CONSUL TANT's work promptly, or delay
or faulty performance by CITY, other consultants/contractors, or governmental
agencies, or any other delays beyond CONSULT ANT's control or without
CONSULT ANT's fault.
1.4 Historic Preservation
The CITY has submitted a review document under Section 106 of the
National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the
Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.)
regarding the Project's effects on historic properties (the "Section 106 Review"), which
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is in the process of being approved by the NPS and the DPR. Once approved, the
CONSULTANT may obtain a copy of the approved Section 106 Review from the City,
and the CONSUL TANT must ensure compliance by itself and KASA Construction Inc.
(the "Contractor") and any subcontractor, or any of their employees, with all
requirements of the Section 106 Review. Upon discovery of a historic property
unidentified in the Section 106 Review or if construction has an unanticipated effect on
a historic property, the CONSUL TANT shall immediately notify the City.
1.5 Handicapped Access
2.1' Fee
ARTICLE 2
COMPENSATION
CITY agrees to compensate CONSULTANT an amount not to exceed
twenty three thousand two hundred fifty dollars ($23,250) for services as described in
Article 1. This entire Agreement is funded by the City's General Fund.
2.2 Terms of Compensation
CONSUL TANT 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 CONSUL TANT 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 CONSULT ANT 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
CONSUL TANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSUL TANT 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.
2.3 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. CONSUL TANT shall perform such services, and CITY shall pay for
such additional services in accordance with CONSUL TANT's Schedule of Hourly Rates,
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which is within Exhibit "A" The rates in Exhibit "A" shall be in effect through the end of
this Agreement.
2.4 Term of Agreement
This Agreement shall commence on February 19, 2014, and shall
terminate on February 18, 2016, unless sooner terminated pursuant to Article 4 of this
Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification. Hold Harmless. and Duty to Defend
(a) Indemnity for Design Professional Services. In connection with its
design professional services and to the maximum extent permitted by law,
CONSULT ANT shall hold harmless and indemnify CITY, and its officials, officers,
employees, agents and independent contractors serving in the role of CITY officials,
and designated volunteers (collectively, "lndemnitees"), with respect to any and all
claims, demands, causes of action, damages, injuries, liabilities, losses, costs or
expenses, including reimbursement of attorneys' fees and costs of defense (collectively,
"Claims" hereinafter), including but not limited to Claims relating to death or injury to any
person and injury to any property, which arise out of, pertain to, or relate to in whole or
in part to the negligence, recklessness, or willful misconduct of CONSUL TANT or any of
its officers, employees, subcontractors, or agents in the performance of its design
professional services under this Agreement.
(b) Other Indemnities. In connection with any and all claims, demands,
causes of action, damages, injuries, liabilities, losses, costs or expenses, including
attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered
by Section 3.1(a), and to the maximum extent permitted by law, CONSULTANT shall
defend, hold harmless and indemnify the lndemnitees with respect to any and all
Damages, including but not limited to, Damages relating to death or injury to any person
and injury to any property, which arise out of, pertain to, or relate to the acts or
omissions of CONSULTANT or any of its officers, employees, subcontractors, or agents
in the performance of this Agreement, except for such loss or damage arising from the
sole negligence or willful misconduct of the CITY, as determined by final arbitration or
court decision or by the agreement of the parties. CONSUL TANT shall defend
lndemnitees in any action or actions filed in connection with any such Damages with
counsel of CITY's choice, and shall pay all costs and expenses, including all attorneys'
fees and experts' costs actually incurred in connection with such defense. Consultant's
duty to defend pursuant to this Section 3.1 (b) shall apply independent of any prior,
concurrent or subsequent misconduct, negligent acts, errors dr omissions of
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lndemnitees.
( c) All duties of CONSUL TANT under Section 3.1 shall survive
termination of this Agreement.
3.2 General Liability
CONSUL TANT 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 CONSUL TANT in the performance of this Agreement.
Said policy or policies shall be issued by an insurer admitted or authorized 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
CONSUL TANT 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 CONSUL TANT in the performance of this
Agreement. Said policy or policies shall be issued by an insurer admitted or authorized
to do business in the State of California and rated in Best's Insurance Guide with a
rating of A:VII or better. If 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 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
CONSUL TANT 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. Said policy or policies shall be issued by an insurer admitted or
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authorized to do business in the State of California and rated in A.M. Best's Insurance
Guide with a rating of A:Vll or better.
3.5 Worker's Compensation
CONSULT ANT 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. CONSUL TANT 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 ndtice 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) CONSUL TANT agrees that it will not cancel or reduce any required
insurance coverage. CONSUL TANT 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, CONSUL TANT 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.
3.8 Primary Coverage
The insurance provided by CONSUL TANT 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.
R6876-0001\1687159v2.doc
ARTICLE4
TERMINATION
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4.1 Termination of Agreement
(a) If the CITY receives notice of termination of the Land and Water
Conservation Fund Act of 1965, which is funding other portions of this Project not
governed by this Agreement, the CITY may immediately terminate or suspend this
Agreement without penalty by written notice. Alternatively, for any other cause or
without cause, the CITY may terminate or suspend this Agreement at any time without
penalty upon seven (7) days written notice. Notice shall be deemed served if completed
in compliance with Section 6.15.
(b) In the event of termination of this Agreement by 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, CONSUL TANT 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 CONSUL TANT 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
CONSULT ANT 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. CONSUL TANT shall not obtain or
attempt to obtain copyright protection as to any Written Products.
CONSULT ANT 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.
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CONSULT ANT 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 E?Xists, including computer software, used in the
rendering of the services and the production of all Written Products produced under this
Agreement, and that the CITY has full legal title to and the right to reproduce the Written
Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected
officials, officers, employees, servants, attorneys, designated volunteers, and agents
serving as independent contractors in the role of CITY officials, harmless from any loss,
claim or liability in any way related to a claim that CITY's use of any of the Written
Products is violating federal, state or local laws, or any contractual provisions, or any
laws relating to trade names, licenses, franchises, copyrights, patents or other means of
protecting intellectual property rights and/or interests in products or inventions.
CONSUL TANT 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, CONSUL TANT, 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
CONSUL TANT shall deliver to the CITY all Written Products and other deliverables
related to the Project without additional cost or expense to the CITY. If CONSUL TANT
prepares a document on a computer, CONSUL TANT shall provide CITY with said
document both in a printed format and in an electronic format that is acceptable to the
CITY.
6.1 Representation
[Continued]
ARTICLE 6
GENERAL PROVISIONS
The CITY representative shall be the Director of Public Works or his or her
designee, and CONSULTANT shall notify CITY of CONSULTANT'S designated
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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
In the performance of this Agreement, CONSUL TANT 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 seq.).
6.3 Audit
a. Contractor shall comply with generally accepted accounting and
auditing principles regarding Project records, accounts and documentation. Contractor
shall keep such records in accord with the principles established in OMB Circulars A-
102 and A-87 for prevention of fraud, waste and abuse in federal programs.
6.4 Personnel
CONSULTANT represents that it has, or shall secure at its own expense,
all personnel required to perform CONSUL TANT'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 CONSUL TANT'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.
CONSUL TANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement, but at all times shall CONSULT ANT
be responsible for its associates and subcontractors' services.
6.5 Prevailing Wages
CITY and CONSULT ANT acknowledge that this project is a public work to
which prevailing wages apply. The Terms for Compliance with California Labor Law
Requirements is attached hereto as Exhibit "B" and incorporated herein by this
reference.
6.6 CONSUL TANT's Representations
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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 ~ccordance 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 CONSUL TANT'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. 7 Conflicts of Interest
CONSULT ANT 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 CONSULT ANT "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 CONSUL TANT
has been retained pursuant to this Agreement.
6.8 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 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 t.his 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 CONSUL TANT require the testimony of CONSUL TANT when there is no
allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT
for its testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.9 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSUL TANT without the prior written consent of the CITY. Any such purported
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assignment without written consent shall be null and void, and CONSUL TANT 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 CONSULT ANT'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. CONSULT ANT's use of
subcontractors for additional services shall not be unreasonably restricted by the CITY
provided CONSULT ANT notifies the CITY in advance.
6.10 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 CONSUL TANT 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 CONSUL TANT wishes except as expressly
provided in this Agreement. CONSUL TANT 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. CONSUL TANT 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. CONSUL TANT agrees to pay all required taxes on amounts paid to
CONSUL TANT 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.
CONSUL TANT 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 CONSULT ANT to comply with applicable
workers' compensation laws. The CITY shall have the right to offset against the amount
of any fees due to CONSULT ANT under this Agreement any amount due to the CITY
from CONSUL TANT as a result of its failure to promptly pay to the CITY any
reimbursement or indemnification arising under this Article.
6.11 Titles
The titles used in this Agreement are for general reference only and are
not part of the Agreement.
6.12 Entire Agreement
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This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSULT ANT 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.
6.13 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.
6.14 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
CONSUL TANT 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 CONSUL TANT, 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.
6.15 Notice
Except as otherwise required by law, any payment, 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:
Michael Throne, PE, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Alan Braatvedt, V.P. of South Bay Operations
Page 11 of 13
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KOA Corporation
1411 W. 190 Street, Suite 525
Gardena, CA 90248
6.16 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement shall continue in full force and effect.
[Signatures on next page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: ___________ _
Dated: ------------
KOA CORPORATION
("CONSUL TANT")
By: ____________ _
Printed Name: ---------
Title:
-----------~
By: ____________ _
Printed Name: ---------
Title:
-----------~
CITY OF RANCHO PALOS VERDES
("CITY")
By: ____________ _
Mayor
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ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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Exhibit "A":
Consultant's Proposal and Schedule of Hourly Rates
January 20, 2014
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: Siamak Motahari
1411 W. I 90th St., Suite 525
Gardena, CA 90248
t: 310.329.0102 f: 310.329.1021
www.koacorporation.com
RE: Proposal for Inspection and Oversight Services for the Construction of Abalone
Cove Shoreline Park Improvements Profect
Dear Mr. Motahari:
KOA Corporation f'KOA") appreciates the opportunity to submit our proposal to the City of Rancho
Palos Verdes fer Civil Engineering Inspection and Oversight services. KOA has the expertise and
resources required to assist the City of Rancho Palos Verdes fer inspection and oversight services
during the construction of the City's Abalone Cove Shoreline Park Improvements Project. We are
committed to working seamlessly with your staff and project team to ensure that the project is
constructed to the standards required and that the contractor will confonn to all the requirements of
the contract. KOA is very familiar with the project and the city's unique requirements.
The KOA team, our project systems, and our entire management structure are geared to providing
flexible services to agencies such as yours. KOA has performed similar inspection services to the City of
Rancho Palos Verdes over the past 15-years and we can assure the City that our key personnel assigned
to the project will live up to your expectations.
We are proposing to use Mike Jenkins to provide the inspection and oversight services and the
preparation of reports for the Abalone Cove Project for an average of 3-hours per day for the full 90-
calendar day construction duration of this project. The services that will be provided include, but are
not limited to the following:
• Interpretation of the intent of the plans and bid documents
• Inspection and oversight fer adherence to the requirements of the bid documents and normal
construction practices
• Checking fer confonnance with the approved submiuals
• Monitoring of the Stonn Water Prevention Program Plan's requirements
• Preparation of daily reports
• Collection of all relevant documentation and delivery notes
• Ensuring the contractor's compliance with the City's Labor Compliance Plan
• Checking that the contractors participated with the City's recycle program
• Provides safety oversight, especially with regards to the general public
• Measurement of work completed for invoicing
• Checking that the contractor correctly records details of As-Built conditions
• Provides the conduit between City Staff, the designers and the contractor
LOS ANGELES ONTARIO ORANGE SAN DIEGO SOUTH BAY
Exhibit "A"
R6876-0001 \1687159v2.doc Agreement for Design Professional Services
C-70
1411 W. 190th St .• Suite 525
Gardena. CA 90248
t: 310.329.0102 I: 310.329.1021
www.koacorporation.com
The total "Not to Exceed" cost for the ·services is $23,250, broken down as follows
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AMOUNT
$23,250
$23260
$0
$0
62 3 0 186 0
5155 5125 565
$0 $23,250 $0 $23,260
Alan Braatvedt will be the Management Contact and Project Manager for this contract. The contract
would be managed though the South Bay office at 1411 W. 19Qth Street, Suite 525, Gardena. CA, 90248;
Phone: 310.329.0102; Fax: 310.329.1021; Email: alanb@koacorporatlon.com. Thank you for this
opportunity to offer our services to the City of Rancho Palos Verdes. Should you have questions during
the selection process, please contact me at 310.329.0102.
Sincerely,
]:·:r:10\
Alan Braatvedt
V.P. of South Bay Operations
LOS ANGELES ONTARIO ORANGE SAN DIEGO SOUTH BAY
Exhibit "A"
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Exhibit "B":
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. KOA Corporation ("Consultant") acknowledges that the Abalone Cove
Shoreline Park Improvement Project, as further defined in this design professional
services agreement ("Agreement") betWeen Consultant and the City of Rancho Palos
Verdes ("City"), to which this Terms for Compliance 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.
Consultant shall perform all work on the project as a public work. Consultant 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. Consultant acknowledges receipt of a copy of the DIR determination of such
prevailing rate of per diem wages, and Consultant shall post such rates at each job site
covered by this Agreement.
4. Consultant shall comply with and be bound by the provisions of Labor
Code Sections 177 4 and 1775 concerning the payment of prevailing rates of wages to
workers and the penalties for failure to pay prevailing wages. The Consultant 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 Consultant or by any subcontractor.
5. Consultant shall comply with and be bound by the provisions of Labor
Code Section 1776, which requires Consultant 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. Consultant shall comply with and be bound by the provisions of Labor
Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8,
section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for
all apprenticeable occupations. Prior to commencing work under this Agreement,
Consultant 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, Consultant and each of its subcontractors shall submit to the City a verified
statement of the journeyman and apprentice hours performed under this Agreement.
7. Consultant acknowledges that eight (8) hours labor constitutes a legal
Exhibit "B"
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C-72
day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section
1813 concerning penalties for workers who work excess hours. The Consultant shall,
as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the
performance of this Agreement by the Consultant or by any subcontractor for each
calendar day during which such worker ·is required or permitted to work more than eight
(8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in
excess of 8 hours per day, and 40 hours during any one week shall be permitted upon
public work upon compensation for all hours worked in excess of 8 hours per day at not
less than 11/2 times the basic rate of pay.
8. California Labor Code Sections 1860 and 3700 provide that every
employer will be required to secure the payment of compensation to its employees. In
accordance with the provisions of California Labor Code Section 1861, Consultant
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, Consultant
shall be responsible for such subcontractor's compliance with Chapter 1 and Labor
Code Sections 1860 and 3700, and Consultant 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.
Consultant 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. Consultant shall diligently take corrective action to
halt or rectify any failure.
10. To the maximum extent permitted by law, Consultant shall indemnify, hold
harmless and defend (at Consultant'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
Consultant, 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 Consultant under this Section shall
survive termination of the Agreement.
Exhibit "B"
R6876-0001\1687159v2.doc Agreement for Design Professional Services
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