RPVCCA_CC_SR_2014_05_06_F_Ryan_Park_Parking_Lot_Expansion_ProjectCity of RANCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: MICHAEL THRONE, P.E., DIRECTOR OF PUBLIC WORKS 7;n
DATE: MAY 6, 2014
SUBJECT: AWARD CONSTRUCTION CONTRACT AND
PROFESSIONAL SERVICES AGREEMENT FOR RYAN
PARK SOUTHERN ENTRANCE REALIGNMENT AND
PARKING LOT EXPANSION PROJECT (SUPPORTS 2014
CITY COUNCIL GOAL No. 2, PUBLIC INFRASTRUCTURE).
REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGE~
Project Manager: Siamak Motahari, Senior Engineer :57Jl
RECOMMENDATIONS
1. Approve Plans and Specifications for Ryan Park Southern Entrance Realignment and
Parking Lot Expansion project.
2. Award a construction contract to Tobo Construction, Inc. in the amount not to exceed
$641,000, and authorize a 10% contingency in the amount of $64, 100 for unforeseen
conditions, for a total authorization of $705, 100.
3. Award a Professional Services Agreement to KOA Corporation in the amount of
$42,500 for the project's construction inspection and oversight.
4. Authorize the Mayor and City Clerk to execute the above mentioned agreements.
5. Adopt Resolution No. 2014-__ , a Resolution of the City Council of the City of
Rancho Palos Verdes, amending Resolution 2013-43, the budget appropriation for
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Fiscal Year 2013-14, for a budget adjustment to the City's Parks, Trails and Open
Space Improvements Program in the Capital Improvement Projects Fund, in the
amount of $149,935 and authorizing expenditure of this amount for additional
construction costs of Ryan Park Southern Entrance Realignment and Parking Lot
Expansion project.
BACKGROUND
Robert Ryan Park is located on the southwestern side of Hawthorne Boulevard between
Dupre and Vallon Dr. The roadway from Hawthorne into the park has a steady 8 to 9 percent
downgrade to the south which allows traffic to accelerate rather quickly from the signal at
Dupre Drive making access to and from the southern driveway difficult for drivers. The Park's
southern driveway is narrow, with a steep vertical profile meeting the steep curvy segment of
Hawthorne 'Boulevard at a sharp angle. There are no acceleration or deceleration lanes on
Hawthorne Boulevard at this entrance. Furthermore, on weekends, when youth sports are
active, the 37 existing parking spaces on the upper parking lot are not sufficient and the
overflow parking uses between 20 and 25 spaces on the southbound curb along Hawthorne
Boulevard with some drivers using the adjacent residential neighborhood creating a nuisance
for the residents. Due to reduced sight distances in this potentially unsafe situation, it is a
challenge for drivers to access to and from the southern driveway. The lower parking lot
spaces, are provided for persons with disabilities. Maintenance crew trucks use this entrance
regularly and emergency vehicles use it when necessary.
Scope of work
Willdan Engineering was hired to do a design to address the issue at the southern entrance
of Ryan Park. Their finding was that while widening the southern driveway and making its
vertical curve smooth is beneficial, it will be effective only if additional parking spaces are
provided at the upper parking lot and vehicle parking is restricted on Hawthorne Boulevard.
The City Council amended Willdan's contract on September 3, 2013 to cover the cost of the
expanded design work. Plans therefore propose increasing the parking spaces from 37 to 69
spaces. The lower driveway will be widened with a mild slope at the segment which connects
to Hawthorne Boulevard.
DISCUSSION
The project was advertised and sealed bids were received and opened at 11 :00 a.m. on April
17, 2014. The base bid from Tobo Construction, Inc. is the lowest received bid and its bid is
$104,200 above the engineer's estimate of $536,800. However, it is $151,499 under the
average bid of $792,499. The following table summarizes the received bid amounts:
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PROFESSINAL SERVICES AGREEMNT FOR RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION
PAGE 3 OF9 .
Ryan Park Southern Entrance Realignment and
Parking Lot Expansion Project
Bid Opening Results
Thursday April 17, 2014
Bidder Base Bid
Tobo Construction, Inc. $641,000.00
Palp, Inc. dba Excel Paving $739,750.00 Co.
Excavating Engineers, Inc. $747,360.00
KASA Construction $777,855.00
Green Building Construction $781,190.00
Los Angeles Engineering, $798,397.40 Inc.
Griffith Co. $1,061,941.00
Staff contacted references and found that Tobo Construction has performed satisfactory work
on its previous jobs. Staff has also conducted an internet research of Tobo Construction and
their main sub-contractor and based on the available information find them to be qualified to
do the work. Tobo Construction possesses General Contractors' Class A and B licenses, all
of 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 have included those listed on "Exhibit A" of the attached
contract form. A sole source procurement of KOA is recommended based on the complexity
and sensitivity of construction of a soil nail wall at Ryan Park parking lot, and the high level of
quality services which the consultant provides at a reasonable fee for a project of this scale.
The Council is authorized by Section 2.44.060 of the RPV Municipal Code to approve a sole
source procurement for this work.
Construction Schedule
Within two weeks of the City Council's contract award, the contractor is required to submit all
necessary contract documents to the City. Construction work is expected to begin in June
and be completed in September 2014.
ALTERNATIVE
An alternative recommendation is to reject all construction bids and re-advertise the
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PROFESSINAL SERVICES AGREEMNT FOR RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION
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construction project. This alternative may delay the project for up to 4 months and will likely
result in higher bids.
CONCLUSION
The improvements proposed in the Ryan Park Southern Entrance Realignment and Parking
Lot Expansion project enhances safety and 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 begin the work for completion of these important improvements.
FISCAL IMPACT
With the contract amount of $641,000 and a 10% contingency of $64, 100, the total
construction budget needs to be $705, 100. The total cost of the project including engineering
is $799,935'. A budget of $650,000 is appropriated in the FY 13-14 GIP budget for Ryan Park
Southern Entrance Realignment and Parking Lot Expansion project (330-3033-461-73-00).
Therefore there is a budget shortage of $149,935. The City Council's adoption of the
attached budget adjustment Resolution will cover this budget shortage.
The table below summarizes the project's budget status:
Ryan Park S. Entrance Realignment and Parking Lot Expansion Project
Budget Spread Sheet
Description Budget Expenditures Appropriation
S. Entrance Realignment Budget $220,000
Parking Lot Expansion Budget $400,000
Mid-Year Budget Adjustment $30,000
Additional Appropriation $149,935 Reauested
Engineer, Architect, Design $44,450 Review & Bid Documents
Geotechnical Investigation $7,810
Constriction Inspection and $42,500 Oversight
Environmental Fee $75
Construction $641,000
Construction Contingency (10%) $64,100
Total $799,935 $799,935
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PROFESSINAL SERVICES AGREEMNT FOR RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION
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Annual Maintenance and Utility Costs
The cost for providing landscaping maintenance services is minimal and will be absorbed
through the current budget
Attachments:
1-Resolution 2014-
2-Construction Contract with Tobo Construction, Inc.
3-Professional Services Agreement with KOA, Inc.
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RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, AMENDING RESOLUTION 2013-43, THE BUDGET
APPROPRIATION
FOR FISCAL YEAR 2013-14, FOR A BUDGET ADJUSTMENT TO THE CITY'S
PARKS, TRAILS AND OPEN SPACE IMPROVEMENTS PROGRAM IN THE
CAPITAL IMPROVEMENT PROJECTS FUND
WHEREAS, Section 3.32 of the Rancho Palos Verdes Municipal Code provides
that all expenditures in excess of budgeted allocations must be by supplemental
appropriation of the City Council; and
WHEREAS, on June 18, 2013, the City Council of the City of Rancho
Palos·verdes adopted Resolution 2013-43, approving a spending plan and
authorizing a budget appropriation for the 2013-14 fiscal year; and
WHEREAS, the Ryan Park Southern Entrance Realignment and Parking
Lot Expansion project is considered a high priority project for the public's benefit
as reflected in the Council-adopted Capital Improvement Program (CIP); and
WHEREAS, the total cost of the Ryan Park Southern Entrance Realignment and
Parking Lot Expansion project, including construction and engineering is
$799,935; and
WHEREAS, the city has appropriated a budget of $650,000 in the FY 13-14 CIP
budget for the Ryan Park Southern Entrance Realignment and Parking Lot
Expansion project; and,
WHEREAS, a budget increase of $149,935 in the Parks, Trails & Open Space
Improvements fund is therefore necessary to authorize the expenditure for this
work; and
WHEREAS, the estimated Capital Improvement Fund balance at June 30, is
$7,889,691; and
BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES:
The following adjustment(s) be made to the following fund(s):
Resolution No. 2014-
Page 1of2
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Parks, Trails & Open Space Improvements Program in the Capital Improvement
Projects Fund:
Parks, Trails & Open Space Improvements 330-3033-461-73-00 $149,935
Verified by Finance: -~L,....({)"""'----
PASSED, APPROVED, AND ADOPTED THIS 5th DAY OF MAY 2014.
MAYOR
ATTEST:
CITY CLERK
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, CARLA MORREALE, City Clerk of The City of Rancho Palos Verdes, hereby
certify that the above Resolution No. 2014-was duly and regularly passed
and adopted by the said City Council at a regular meeting thereof held on May 6,
2014.
CITY CLERK
CITY OF RANCHO PALOS VERDES
Resolution No. 2014-
Page 2 of 2
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CITY OF RANCHO PALOS VERDES
PUBLIC WORKS AGREEMENT
RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION (Project 014812)
THIS AGREEMENT ("Agreement") is made and entered this 6th day of May, 2014, by and between the CITY OF
RANCHO PALOS VERDES, a California municipal corporation ("City") and Tobo Construction, Inc. ("Contractor'').
Contractor's license number is 758012 Class A & B.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
!:. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and
services in a good and workmanlike manner for the project identified as Ryan Park Southern Entrance
Realignment and Parking Lot Expansion ("Project"), as described in this Agreement and in the Bid
Documents (including the Notice Inviting Sealed Bids, the Instructions to Bidders, the Proposal, the
General Provisions, the Special Provisions, the Technical Provisions, 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 latest edition of
the Standard Specifications for Public Works Construction (commonly known as the "Greenbook"),
including supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California (collectively "Standard
Specifications"), which is incorporated herein by this reference. In the event of any conflict between
the terms of this Agreement and incorporated documents, the terms of this Agreement shall control.
2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by the
Contractor, shall be paid for under written work order in accordance with the terms therein provided.
Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing
between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon
report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by
both parties, and said daily report shall be considered thereafter the true records of extra work done.
3. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full force
and effect until Contractor has rendered the services required by this Agreement.
4. Time. Time is of the essence in this Agreement.
5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under
this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the
public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor
stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to
such causes. Neither economic nor market conditions nor the financial condition of either party shall
be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other
promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon
request update such notice.
6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to
exceed amount of six hundred forty one thousand dollars ($641,000) in accordance with the prices as
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submitted in Contractor's Proposal, attached hereto as Exhibit "B" and incorporated herein by this
reference.
7. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and
properly submitted payment request from Contractor. City shall return to Contractor any payment
request determined not to be a proper payment request as soon as practicable, but not later than
seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not
proper.
A payment shall be made as the City Council of the City prescribes upon estimates approved by the
City Council. However, progress payments shall not be made in excess of ninety-five percent (95%) of
the percentage of actual work completed plus a like percentage of the value of material delivered on
the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold
not less than five percent (5%) of the Agreement price until final completion and acceptance of the
Project. However, at any time after fifty percent (50%) of the work has been completed, if the City
Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of
the remaining progress payments in full for actual work completed.
8. Substitute Security.
a. At the written request and expense of Contractor, securities equivalent to any moneys withheld by
the City to ensure performance under this Agreement shall be deposited with the City, or with a
state or federally chartered bank in the State of California as the escrow agent, that shall then pay
those moneys to Contractor. Upon satisfactory completion of the Agreement, the securities shall be
returned to Contractor.
b. Alternatively, Contractor may request that the City shall make payment of retentions earned directly
to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may
direct the investment of the payments into securities, and Contractor shall receive the interest
earned on the investments upon the same terms provided for securities deposited by Contractor.
Upon satisfactory completion of the Agreement, Contractor shall receive from the escrow agent all
securities, interest, and payments received by the escrow agent from the City, pursuant to the terms
of this Section.
c. Securities eligible for investment shall include those listed in California Government Code Section
16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts,
standby letters of credit, or any other security to which Contractor and the City mutually agree in
writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld
and shall receive any interest thereon.
d. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the
request of any subcontractor performing more than five percent (5%) of Contractor's total bid, make
that option available to the subcontractor regarding any moneys withheld in retention by Contractor
from the subcontractor. Further mandatory details are provided in Public Contract Code Section
22300(d), which is incorporated herein by this reference.
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.
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9. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and other
taxes imposed by local, State of California and federal law. These payments are included in the total
amounts in Exhibit "B."
10. Audit. The City or its representative shall have the option of inspecting and/or auditing all records and
other written materials used by Contractor in preparing its billings to the City as a condition precedent
to any payment to Contractor. Contractor will promptly furnish documents requested by the City.
Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the
City or as part of any audit of the City, for a period of three (3) years after final payment under this
Agreement.
11. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding
whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in
Contractor's cost of or time required for performance of any part of the work, Contractor shall not be
excused from any scheduled completion date provided for by the Agreement, but shall proceed with
all work to be performed under the Agreement. Contractor shall retain any and all rights provided
that pertain to the resolution of disputes and protests between the parties. In the event of any
dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay
or cessation in or of work, but shall proceed with the performance of the work in dispute. This
includes disputed time extension requests and prices for changes. The disputed work will be
categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual
agreement or a court of law. Contractor shall keep accurate, detailed records of all disputed work,
claims and other disputed matters. Public Contract Code Sections 20104 et seq. and Rancho Palos
Verdes Municipal Code chapter 3.24 ("Claims Against the City") shall govern the procedures of the
claim process, and these provisions are incorporated herein by this reference.
12. Termination. This Agreement may be canceled by the City at any time with or without cause without
penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor,
City shall pay Contractor for all services satisfactorily rendered prior to date of termination as
determined by the City, and such payment shall be in full satisfaction of all services rendered
hereunder.
13. Indemnity.
a) Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend,
indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers,
agents, successors, assigns, and those City agents serving as independent contractors in the role
of City officials (collectively "lndemnitees") from and against any and all claims (including,
without limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, proceedings, suits, losses, bid protests, stop notices,
judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature
whatsoever, in any manner arising out of or incident to any act, failure to act, error or omission
of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen,
suppliers or their officers, agents, servants or employees, arising out of the Agreement,
including without limitation, the payment of all consequential damages, attorneys' fees, experts'
fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims").
Further, Contractor shall appoint competent defense counsel approved by the City Attorney at
Contractor's own cost, expense and risk, to defend any and all such Claims that may be brought
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or instituted against lndemnitees. Contractor shall pay and satisfy any judgment, award or
decree that may be rendered against lndemnitees in any such Claim. Contractor shall reimburse
lndemnitees 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 13(a), Contractor shall reimburse
the City for all attorneys' fees and costs incurred by City in connection with, arising out of or
incident to any bid protest.
c) Civil Code Exception. Nothing in Section 13(a) shall be construed to encompass lndemnitees'
sole negligence or willful misconduct to the limited extent that the underlying Agreement is
subject to Civil Code section 2782(a) or the City's active negligence to the limited extent that the
underlying Agreement is subject to Civil Code section 2782(b).
d) Non-waiver 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 lndemnitees
and shall operate to fully indemnify lndemnitees 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 lndemnitees,
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 13 shall survive the termination of this Agreement and
are in addition to any other rights or remedies that lndemnitees may have under the law.
Payment is not required as a condition precedent to an lndemnitee'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.
14. Incorporation by Reference. All of the following documents are attached hereto and incorporated
herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments;
Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers'
Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General
Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement
(Excess Liability).
15. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City all
rights, title, and interest in and to all causes of action it may have under 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.
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16. Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor
shall promptly and before the following conditions are disturbed notify the City in writing of any:
material that Contractor believes may be material that is hazardous waste, as defined in California
Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class Ill
disposal site in accordance with provisions of existing law; subsurface or latent physical conditions at
the site differing from those indicated; or unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the Agreement. The City shall promptly investigate the
conditions, and if the City finds that the conditions do materially differ or do involve hazardous waste
and cause a decrease or increase in Contractor's cost of or the time required for performance of any
part of the work, the City shall issue a change order.
17. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and
incorporates that section herein by this reference.
18. Location of Existing Elements. The methods used and costs involved to locate existing elements,
points of connection and all construction methods are Contractor's sole responsibility. Accuracy of
information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole
expense, must make all investigations necessary to determine locations of existing elements, which
may include, without limitation, contacting U.S.A. Alert and other private underground locating
firm(s), utilizing specialized locating equipment and/or hand trenching.
19. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly
independent contractor. Neither the City nor any of its agents shall have control over the conduct of
Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to
dispose of all portions of its time and activities which it is not obligated to devote to the City in such a
manner and to such persons, firms, or corporations at the Contractor wishes except as expressly
provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability
on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as an agent.
Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or
employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all
required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the
City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by
reason of the independent contractor relationship created by this Agreement. Contractor shall fully
comply with the workers' compensation law regarding Contractor and its employees. Contractor
further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with
applicable workers' compensation laws. The City shall have the right to offset against the amount of
any compensation due to Contractor under this Agreement any amount due to the City from
Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification
arising under this Section.
20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which
prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is attached
hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's work.
21. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor
will be required to secure the payment of compensation to its employees. In accordance with the
provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:
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"I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to under-. take self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
22. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting Fair
Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by this
reference.
23. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual
based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of
disability. Contractor understands and agrees that it is bound by and will comply with the
nondiscrimination mandates of all statutes and local ordinances and regulations.
24. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the
duration of .this Agreement. Contractor shall not perform work with debarred subcontractor pursuant
to California Labor Code Section 1777.1or1777.7.
25. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws,
ordinances, codes and regulations in force at the time Contractor performs pursuant to this
Agreement.
26. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount that is
not less than the total compensation amount of this Agreement, and nothing in this Agreement shall
be read to excuse this requirement. The required forms entitled Payment Bond (Labor and Materials)
and Performance Bond are attached hereto and incorporated herein by this reference.
27. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor is
licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform
the services in accordance with the terms and conditions set forth in this Agreement; b) there are no
obligations, commitments, 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.
28. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the
term of this Agreement or within twelve (12) months after completion of the work under this
Agreement which is or may likely make Contractor "financially interested," as provided in Government
Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which
Contractor has been retained pursuant to this Agreement.
29. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating
to the Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim
relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing
this notice.
30. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this
Agreement nor any part thereof, whether by assignment or novation, without the City's prior written
consent. Any purported assignment without written consent shall be null, void, and of no effect, and
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Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees,
agents and representatives with respect to any claim, demand or action arising from or relating to any
unauthorized assignment.
31. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by
and construed under the laws of the State of California, excluding California's choice of law rules.
Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior
Court.
32. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or
describe the scope or intent of this Agreement or any part of it.
33. Authority. The person executing this Agreement on behalf of Contractor warrants and represents that
he or she has the authority to execute this Agreement on behalf of Contractor and has the authority
to bind Contractor to the performance of its obligations hereunder.
34. Entire Agreement. This Agreement, including any other documents incorporated herein by specific
reference, represents the entire and integrated agreement between City and Contractor. This
Agreement supersedes all prior oral or written negotiations, representations or agreements. This
Agreement may not be modified or amended, nor any provision or breach waived, except in a writing
signed by both parties which expressly refers to this Agreement.
35. Construction. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any
rules of interpretation providing for interpretation against the party who causes the uncertainty to
exist or against the party who drafted the Agreement or who drafted that portion of the Agreement.
36. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the
conditions of performance under this Agreement shall not be a waiver of any other condition of
performance under this Agreement. In no event shall the making by the City of any payment to
Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default
which may then exist on the part of Contractor, and the making of any such payment by the City shall
in no way impair or prejudice any right or remedy available to the City with regard to such breach or
default.
37. Notice. Except as otherwise required by law, any notice or other communication authorized or
required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery
if delivered by hand or overnight courier service during Contractor's or City's regular business hours or
(b) on the third business day following deposit in the United States mail, postage prepaid, to the
addresses listed below, or at such other address as one party may notify the other:
To CITY:
Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
C-7 F-14
To CONTRACTOR:
The address listed in Exhibit "B."
38. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both,
each of which is deemed to be an original for all purposes.
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]
C-8 F-15
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above
written.
CITY OF RANCHO PALOS VERDES
By: ____________ _
Mayor
ATTEST: APPROVED AS TO FORM:
By: ____________ _ By: _____________ _
City Clerk City Attorney
("CONTRACTOR")
By: __________ _
Printed Name:--------
Title: __________ _
By: __________ _
Printed Name:--------
Title: __________ _
C-9
F-16
CITY OF RANCHO PALOS VERDES
INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS
THIS IS INSTRUCTION ONLY-IT IS NOTTO BE SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY
OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS VERDES -IT IS SIMPLY A FORMAT TO
USE WHEN FILLING OUT DOCUMENTS.
1. By an Individual. The individual must sign the instrument, and if he/she is doing business under a
fictitious name, the fictitious name must be set forth. The signature must be acknowledged before a
Notary Public, using the proper form of acknowledgment.
2. By a Partnership. The name of the partnership must be set forth followed by the signatures of less than
all oft.he partners will be acceptable only if submitted with evidence of authority to act on behalf of the
partnership. The signatures must be acknowledged before a Notary Public, using the proper form of
acknowledgment.
3. By a Corporation. The name of the corporation must be set forth, followed by the signatures of the
President or Vice President and Secretary or Assistant Secretary. The signatures must be acknowledged
before a Notary Public, using in substance the following form of acknowledgment.
4. By a Surety. The name of the surety must be set forth, followed by an authorized signature. The
signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment.
STATE OF~-----~).
) SS.
COUNTY OF ______ .)
On 20 __ , before me, the undersigned, appeared __ _
known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary of
the corporation that executed the within instrument, and acknowledged to me that such corporation executed
the within instrument pursuant to its by-laws or a resolution of its City Council.
WITNESS my signature and seal.
Notary Public
(Seal)
C-10
F-17
INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES
PUBLIC WORKS CONTRACT
The Contractor shall at all time during the term of this Agreement carry, maintain, and keep in full force and
effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or
policies of broad-form comprehensive general liability insurance with minimum limits of $2,000,000.00
combined single limit coverage against any injury, death, lose, or damage as a result of wrongful or negligent
acts by the Contractor, its officers, employees, agents, and independent contractors in performance of services
under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive
liability insurance with a minimum combined single limits coverage of $1,000,000.00; and (4) workers'
compensation insurance in the amount required by law. The City, its officers, employees, attorneys, and
volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability, property
damage, and workers' compensation coverages.
1. Acceptable insurance coverage shall be placed with carriers admitted to write insurance in
California, or carriers with a rating of, or equivalent to, A:Vll by A.M. Best & Company. Any
deviation from this rule shall require specific approval, in writing, from the City.
2. All insurance policies shall provide that the insurance coverage shall not be non-renewed,
canceled, reduced, or otherwise modified (except through addition of additional insured to the
policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days prior
written notice thereof. The Contractor agrees that it will not cancel, reduce or otherwise modify
said insurance coverage.
3. The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect,
and such insurance is available at a reasonable cost, the City may take out the necessary
insurance and pay the premium thereon, and the repayment thereof shall be deemed an
obligation of the Contractor and the cost of such insurance may be deducted, at the option of
the City, from payments due the Contractor.
4. The Contractor shall submit to the City (1) insurance certificates indicating compliance with the
minimum workers' compensation insurance requirements above, and (2) insurance policy
endorsements above, not less than one (1) day prior to beginning of performance under this
Agreement. Endorsements must be executed on the City's appropriate standard forms entitled
"Additional Insured Endorsement," copies of which are attached hereto.
C-11
F-18
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
Bond No. _____ _
WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to
(Name and address of Contractor)
("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described
as follows:
WHEREAS, Priocipal is required under the terms of the Contract and the California Civil Code to file a good and
sufficient payment bond with the Public Agency to secure the payment of claims of laborers, mechanics,
material persons, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal, and--------------------
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly
bound unto the Public Agency and all subcontractors, laborers, material persons, and other persons employed in
the performance of the Contract in the penal sum of ____________________ _
Dollars($ ) (the "Penal Sum"), this amount being not less than one
hundred percent (100%) of the total Contract price, in lawful money of the United States of America, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs,
executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in
Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with
respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld,
and paid over to the Employment Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor
performed under the Contract, the Surety will pay for the same in an amount not exceeding the Penal Sum
specified in this bond; otherwise, this obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as
to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is
brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or
C-12
F-19
the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive
notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract
or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code
sections 2845 and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be
deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the
name of each corporate party being hereto affixed and these presents duly signed by its undersigned
representative(s) pursuant to authority of its governing body.
"Principal"
By: _____________ _
Its
By: _____________ _
Its
(Seal)
APPROVED AS TO SURETY AND PRINCIPAL AMOUNT
By: _____________ _
Insurance Administrator
"Surety"
By:. _____________ _
Its
By: _____________ _
Its
{Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
By: _____________ _
Public Agency Attorney
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the
authority of any person signing as attorney-in-fact must be attached.
C-13
F-20
Bond No. -----
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to-------------
{Name and address of Contractor)
("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows:
WHEREAS, Principal is required under the terms of the Contract to file a good and sufficient performance bond with the
Public Agency for the faithful performance of the Contract.
NOW, THEREFO~E, we, the undersigned Principal, and------------------------
{Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto
the Public Agency in the penal sum of ____________________________ _
Dollars ($ ) (the "Penal Sum"), this amount being not less than one hundred percent
(100%) of the total Contract price, in lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the
undertakings, terms, covenants, conditions and provisions in the Contract and any alteration thereof made as therein
provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in
all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its
officers, agents, employees, and others as therein provided, then this obligation shall become null and void; otherwise, it
shall be and remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration,
addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for
the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change,
extension of time, alteration, addition or modification to the terms of the Contract or to the work or to the specifications
thereunder. Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. The City is the principal
beneficiary of this bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an
original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate
party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its
governing body.
Dated: --------------~
C-14
F-21
"Principal"
By: _____________ _
Its
By: _____________ _
Its
(Seal)
APPROVED AS TO SURETY AND PRINCIPAL
AMOUNT
By: _____________ _
Insurance Administrator
"Surety"
By:. ____________ _
Its
By:. _____________ _
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
By: ___________ _
Public Agency Attorney
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the
authority of any person signing as attorney-in-fact must be attached
C-15
F-22
WORKERS' COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the City of Rancho Palos Verdes has required certain insurance to be provided by:
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or
policies described below to the following named insureds and that the same are in force at this time:
1. This certificate is issued to:
City of Rancho Palos Verdes
City H~ll
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
2. The insureds under such policy or policies are:
3. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of
California covering all operations of the named insureds as follows:
Policy Number Effective Date Expiration Date
4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits of
liability, unless and until thirty days' written notice thereof has been served upon the City Clerk of the
City of Rancho Palos Verdes
Its Authorized Representative
C-16
F-23
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and
the City, to which this Agreement to Comply with California. Labor Law Requirements is attached and
incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with
Section 1720) of the California Labor Code ("Chapter 1"), and that this Agreement is subject to (a) Chapter 1,
including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the
Director of Industrial Relations ("DIR") implementing such statutes. Contractor shall perform all work on the
project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations
described in l(a) and l(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The
inclusion of such specific provisions below, whether or not required by California law, does not alter the
meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each
craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made
available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR
determination·of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site
covered by this Agreement.
4. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and
1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for
the work or craft in which the worker is employed for any public work done pursuant to this Agreement by
Contractor or by any subcontractor.
5. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which
requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in
writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available
for inspection as provided by Section 1776, and (3) inform the City of the location of the records.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5,
1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of
apprentices on public works projects. Contractor shall be responsible for compliance with these
aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement,
Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship
program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its
subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed
under this Agreement.
7. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor
shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor
shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of
this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is
required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any
one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day,
and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked
in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees. In accordance with the provisions of California Labor
Code Section 1861, Contractor hereby certifies as follows:
C-17
F-24
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of
the work of this contract."
9. For every subcontractor who will perform work on the project, Contractor shall be responsible
for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor
shall include in the written contract between it and each subcontractor a copy of those statutory provisions and
a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be
required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's
compliance, including without limitation, conducting a periodic review of the certified payroll records of the
subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the
specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.
10. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend
(at Contractor's expense with counsel reasonably acceptable to the City) the City, its officials, officers,
employees, agents and independent contractors serving in the role of City officials, and volunteers from and
against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or
incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors,
and each of their officials, officers, employees and agents) in connection with any work undertaken or in
connection with the Agreement, including without limitation the payment of all consequential damages,
attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive
termination of the Agreement.
Date ______________ ~ Signature 1: ______________ _
Date
--------------~
Signature 2: ______________ _
C-18
F-25
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No. or description:---------------------
lndemnitor(s) (list all names):
To the fullest extent permitted by law, lndemnitor hereby agrees, at its sole cost and expense, to defend, protect,
indemnify, and hold harmless the City of Rancho Palos Verdes and its elected officials, officers, attorneys, agents,
employees, volunteers, successors, and assigns (collectively "lndemnitees") from and against any and all damages, costs,
expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of
any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith
(collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or
related to any act, failure to act, error, or omission of lndemnitor or any of its officers, agents, servants, employees,
subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly
or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or
permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the
Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or
subsequent active or passive negligence by lndemnitees and shall operate to fully indemnify lndemnitees against any such
negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or
remedies which lndemnitees may have under the law. Payment is not required as a condition precedent to an lndemnitee's
right to recover under this indemnity provision, and an entry of judgment against an lndemnitee shall be conclusive in favor
of the lndemnitee's right to recover under this indemnity provision. lndemnitor shall pay lndemnitees for any attorney's
fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this
instrument shall be construed to encompass (a) lndemnitees' sole negligence or willful misconduct to the limited extent
that the underlying Agreement is subject to Civil Code 2782(a) or (b) the contracting public agency's active negligence to
the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without
reference to the existence or applicability of any insurance coverages which may have been required under the Agreement
or any additional insured endorsements which may extend to lndemnitees.
lndemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and
contribution against the lndemnitees, while acting within the scope of their duties, from all claims, losses and liabilities
arising out of or incident to activities or operations performed by or on behalf of the lndemnitor regardless of any prior,
concurrent, or subsequent active or passive negligence by the lndemnitees.
In the event there is more than one person or entity named in the Agreement as an lndemnitor, then all obligations,
liabilities, covenants and conditions under this instrument shall be joint and several.
"lndemnitor"
Name ________________ _ Name ________________ _
By: _______________ _ By: _______________ _
Its Its
C-19
F-26
ADDITIONAL INSURED ENDORSEMENT-COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured {"Named Insured"):
Name and address of Insurance Company {"Company"):
General description of agreement(s), permit(s), Jicense(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds
(the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in
relation to those activities described generally above with regard to operations performed by or on behalf of the
Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the
Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the
insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall be covered as third-party
claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this
provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the
indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written
agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written
notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective
date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will
continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils
insured against in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the
Additional Insureds.
C-20
F-27
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be
held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is
attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATIACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. · Scheduled items or locations are to be identified on an attached sheet. The following inclusions
relate to the above coverages. Includes:
o Contractual Liability
o Owners/Landlords/Tenants
o Manufacturers/Contractors
o Products/Completed Operations
o Broad Form Property Damage
o Extended Bodily Injury
o Broad Form Comprehensive
General Liability Endorsement
o Explosion Hazard
o Collapse Hazard
o Underground Property Damage
o Pollution Liability
o Liquor Liability
0 ---------------~
0 ---------------~
0 ---------------~
12. A o deductible or o self-insured retention (check one) of$ __________ _
applies to all coverage(s) except:--------------------------
(if none, so state). The deductible is applicable o per claim or o per occurrence (check one).
13. This is an o occurrence or o claims made policy (check one).
14. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy
Number __________ ~
I, (print name), hereby declare
under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company
to this endorsement and that by my execution hereof, I do so bind the Company.
Executed 20 -------------~ -----
Telephone No.: ( __________ _
C-21
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
F-28
ADDITIONAL INSURED ENDORSEMENT -AUTOMOBILE LIABILITY
Name and address of named insured {"Named Insured"): ________________ _
Name and address of Insurance Company ("Company"): _________________ _
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The _____________________________ _
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds
(the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in
relation to those activities described generally above with regard to operations performed by or on behalf of the
Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the
Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the
insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall be covered as third-party
claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this
provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the
indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written
agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written
notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective
date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will
continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils
insured against in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the
Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
C-22
F-29
construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be
held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is
attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions
relate to the above coverages. Includes:
Any Automobiles
All Owned Automobiles
Non-owned Automobiles
Hired Automobiles
Scheduled Automobiles
Garage Coverage
Truckers Coverage
Motor Carrier Act
Bus Regulatory Reform Act
Public Livery Coverage
12. A o deductible or o self-insured retention (check one) of$ __________ _
applies to all coverage(s) except: (if none, so state). The deductible is applicable G per
claim or G per occurrence (check one).
13. This is an o occurrence or o claims made policy (check one).
14. This endorsement is effective on ____ at 12:01 a.m. and forms a part of Policy Number
I, (print name), hereby declare
under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company
to this endorsement and that by my execution hereof, I do so bind the Company.
Executed _______________ ~ 20 __
Telephone No.: ( ___ --------
C-23
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
F-30
ADDITIONAL INSURED ENDORSEMENT -EXCESS LIABILITY
Name and address of named insured ("Named Insured"):
Name and address of Insurance Company {"Company"):
General description of agreement(s), permit(s), /icense(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the
above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to
those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The
Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and
no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages
provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom
claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured
under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the
same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to
increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions
and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification
and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s)
designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage,
reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public
Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the
event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and
effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while
acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured
against in relation to those activities described generally above with regard to operations performed by or on behalf of the
Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8.
construction,
It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
interpretation, and enforcement of this contract of insurance.
C-24
F-31
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held
to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATIACHES
o Following Form
o Umbrella Liability
POLICY PERIOD
FROM/TO
D ---------------~
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO.
LIMITS OF
LIABILITY
AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
13. A o deductible or o self-insured retention (check one) of$ ________ _
applies to all coverage(s) except:--------------------------
(if none, so state). The deductible is applicable o per claim or o per occurrence (check one).
14. This is an o occurrence or o claims made policy (check one).
15. This endorsement is effective on ____ at 12:01 a.m. and forms a part of Policy Number
I, (print name), hereby declare
under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company
to this endorsement and that by my execution hereof, I do so bind the Company.
Executed ________________ _, 20 __
Telephone No.: ( ___ ) __
Signature of Authorized Representative
{Original signature only; no facsimile signature
or initialed signature accepted)
C-25
F-32
EXHIBIT"B"
CITY OF RANCHO PALOS VERDES
BID SHEET
RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION (Project 014812)
NAMEOFCOMPANY: 10\-ib am~\y\tldi\c'l ~l:.-~
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to
furnish all labor, materials, equipment and supplies for the project identified as RYAN PARK SOUTHERN
ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION (Project 014812) in accordance with the
specifications and plans for demolition, construction and installation in the Contract Documents which are on
file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under
the direction of the Director of Public Works at the following prices:
LUMP SUM ITEMS SHALL INCLUDE PROVIDING AND INSTALLATION OF ALL COMPONENTS STIPULATED WITHIN
THE CONTRACT DOCUMENTS AND NECESSARY INCIDENTALS TO FACILITATE PROVIDING SAID COMPONENTS.
SURVEY, GRADING, AND BMPS SHALL EB CONSIDERED INCLUDED IN THE INDIVIDUAL BID ITEMS. NO
ADDITIONAL PAYMENTS WILL BE MADE.
The quantities reflected on the plans and In the bid-sheets are representative of the amount of work for each
item on the project, but are not final quantities to be used for computing payment. Payment will be based on
the measurement of actual work completed. The contractor must notify iii writing to the project manager of
all discrepancies betwe~n actual bid quantities and those shown in the bid document prior to commencement
of work in any area of the project.
BID SCHEDULE
RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION (Project 014812)
ITEM DESCRIPTION UNITOF QUANTITY UNIT COST$ TOTAL COST$ MEASURE
1 Mobilization LS 1 qtt;ff;t.-qlf-.~.-.
2 Unclassified Excavation LS 1 lfSj({D.-fr;@. -
Construct Curb and Gutter
3 Per SPPWC Std. Plan No. LF 911 ~.,.. >IJ, }10 ....
120-2 Type A2-6
Construct Curb and Gutter
4 Per SPPWC Std. Plan No. LF 29 )J.,-Cl J-1,-
120·2 Type A2-8
5 Construct Curb and LF 205 ~'t. -6 tCf/}O," Gutter Per SPPWC Std.
P-3
F-33
Plan No. 120-2 Type A3-6
Construct 4-inch PCC
6 Sidewalk Over SF 2725 IJ. -4q,osv.-Compacted Native
7 Construct 3-inch Asphalt TON 212 4l-. lft.l?, -Concrete 1-00. ;
8 Construct 6-inch Thick 11, q)D, _. Crushed Aggregate Base CY 210 qs/·
9
Construct Soil Nail SF 5247 Retaining Wall 3)...-/b1 ,t/Dtt ...
10 Construct Wood Fencing LF 658 pa;-ST; dj).:). -With Metal Mesh
11 Furnish and Install 24" LF 16 CMP complete ?-$0, .. 4-i~ ...
~ .
12 Furnish and Install 18" LF 43 6,t.t:'!JJ, -CMP complete /50 I,..
Construct Curb Opening
13 Catch Basin Per SPPWC EA 2 ~ (IJJ. -1 o.:;() -300-3 W=7' ' .
14 Construct MSE Wall SF 716 f51"" 3J-,:>lo.-
15 Paint Parking Stall and LS 1 6,a:>o,-6.ct.D. -Striping Per Plan
16 Modify Existing LS 1 ~~oco, -Landscape and Inigation ~st~
TOTAL BASE BID SCHEDULE IN NUMBERS: $ 6tff ,(){X>. ·-
TOTAL BASE BID SCHEDULE IN WORDS: #H~ :{:;j4.--a._._.
Jt~t Oo/{bys.
The contract shall be awarded to the lowest responsible bidder based on the TOTAL BASE BID.
P-4
F-34
II TOBO Construction, Inc.
500 Shatto Place, Suite S20
Los Angeles, CA 90020
T: (21S) S82-02IS F: (877) 411-8626
CA Contractor's License No: 758012
Bidding Package
Office of the Director of Public Works
City Hall, 30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT
EXPANSION (Project 014812)
F-35
PROPOSAL
CITY OF RANCHO PALOS VERDES
RYANPARKSOUTHERNENTRANCEREALIGNMENTANDPARKINGLOT
EXPANSION (Project 014812)
TO THE DIRECTOR OF PUBLIC WORKS CITY OF RANCHO PALOS VERDES
The undersigned, as bidder, dedares that~ (1) this proposal is made without collusion with any other person,
firm or corporation, and that the only persons or parties interested as principals are those named herein; (2)
bidder has carefully examined the project plans, specifications, instructions to bidders, proposal, notice to
contractors and all other information furnished therefore and the site of the proposed work; (3) bidder has
investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work
to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal
shall be conclusive evidence that such examination and investigation have been made and agrees, in the event
this contract be awarded to bidder, to enter Into a contract with the CITY OF RANCHO PALOS VERDES, to
perform said proposed work in accordance with the plans, if any, and the terms of the specifications, In the time
and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and
other means necessary so to do, except such thereof as may otherwise be furnished or provided under the
terms of said specifications, for the followlng stated unit prices or lump-sum price as submitted on the Schedule
attached hereto:
The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial safety Record.
Accompanying this proposal Is t}[J.~~. (Insert) "$ "cash/' "Cashier's Check/'
"certified check," or "Bid Bond," as the case may be) In the amount equal to at least ten percent (10%) of the
total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Sheets.
The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter,
defaults in executing the required contract, with necessary bonds and documents, within ten (10} days, not
including Sundays and legal holidays, after having received notice that the contract has been awarded and is
ready for signature, the proceeds of the security accompanying his bid shall become the property of the CITY OF
RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void.
Licensed in accordance with an act providing for e r: lstratlon of contractors, California Contractor's License
No. 0 t;8LJl'L-:--c1ass piration Date" • .
\
Signature(s) of bidder:_-f.-1.p.-::::::'.'.::_ ______ __,L~~~ld;';&(C.;::~:.J.-.....:::::::::
If an individual; so state. It
partners composing the fl
secretary, treasurer, and
required for corporatlons.
rm or co-partnership, state the fir na e and give the names of all lndlVldual co-
. If a corporation, state legal name of corporation, also names of president,
n ger thereof. Two notarized officer's signatures and the corporate seal are
P-1
F-36
,._, __ ~,,,,...,. ... _,__.. __ ,_. _ _.1 .... 1....,, ........ ....,, .... .,,_,,,....,,.,...,1..., ....... ,,_,_,...,-...... ,.,,,,. .... ..,._. ___ ~Jl/f'----,,_-,.,._.,,.,_ , ,
' ' , , i ACKNOWLEDGMENT I , ,
' ' i State of California ; i County of ( Los Angeles j , ,
! On 4/16/2014 before me, Suzie H Na. Notarv Public ! ! (Insert name and title of the officer) !
' ' , , f personally appeared Jimi Chae & Monica Oh f
f who proved to me on the basis of satisfactory evidence to be the person(s)~e name(s) is/@ j
, subscribed to the within instrument and acknowledged to me that he/she/~xecuted the same in ' ! his/her/~ authorized capacity(ies), and that by his/her/~ signature(s) on the instrument the ! ! person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument. !
' ' , , f I certify under PENALTY OF PERJURY under the laws of the State of Californa that the foregoing f i paragraph is true and correct. j , ,
! WITNESS my hand and official seal. !
' ' , ,
' ' i ~ ; , , I Signature == ~ (Seal) I , ,
' ' I I
' ' -........ ~,...,.,~,..,,._,,.,..,..,,...,,..,.,,..,,..,., .... , ... ,..,,~ ..... ,...,,,.,.,..,, ... ,..., ..... , .... ,~,..,.,...,,, .... ,_,.,.,~
F-37
Legal Business Name: 10 bo £lM~'611 ~c.-·
Address: _ _._lj]_o_~__._--'-=-__,(ff....;....._4_3_:>v __ l/t_.:..;.___,tft..._~ __ . -----
Telephone: "!"'3. '?fl-. Dl-11 .
Contact: 'Ji' M-f G/,"\ft.f?.....
Proposals which do not show the number and date of the Bidder's License under the provisions of Chapter 9 of
Division 3 of the Business & Professional Code will be rejected. To be submitted with each bid to contract for
City of Rancho Palos Verdes RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION
(Project 014812)
Bid Date dp >' H I k , l-0 4 't .
This information must include all construction work undertaken in the State of California by the bidder and
partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner
for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate
information shall be submitted for each particular partnership, joint venture, corporate or individual bidder. The
bidder may attach any additional information or explanation of data which bidder would like to be taken into
consideration in evaluating the safety record. An explanation must be attached of the circumstances
surrounding any and all fatalities.
P-2
F-38
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information: {Additional sheets may be attached if necessary.)
(1)
(2)
(3)
(4)
(S)
Address: '?t>O &'hftlto J>(. 4-..-,lO kit CA
Telephone: ~'3 . 1 S?-. 0?1 1.
Type of firm -Individual, Partnership, or Corporation: ~)flV{J 6h
Co.rporatlon organized under the laws of the State of f'LfJr.
Contractor's license number and class: 9 lf J'p fl
(6) List the names and addresses of all members of the firm or names and titles of all officers of the
corporation:
(7) Number of years experience as a C:6ntractor in construction work ~
(8) List at least three similar projects completed as of recent date:
Contract
Amount Class of Work Date completed Name, Address of Owner, & Telephone No.
f!ih.tbf ~?,~g-l("M-Ylehst&'<k~ oft~·,w trll4h'· J~ f9t1~q.&r:fn. 6bl ~o-.l~f~
-M>ll),?Nb. n&i~ofiUlt'fttftr""~ 'l~fv .. ~~A.pr&fre.~. 66\-:-)rr--l#f~ .
.u:i:ibf;q1t. W~P1 ""Jire~tn~P~~. nf?:1u&#rt/i4ro. ~~JM= 4-lttith:iJ!t<t.
(9) List the name of the person who inspected the site of the proposed work for your firm:
(10) NOTE: Upon request of the CITY, the bidder shall furnish evidence showing a notarized financial
statement, financial data, construction experience, or other information.
P-5
F-39
(11) "Bidder shall be properly licensed at the time of bid submission or the bid shall be considered non-
responsive and shall be rejected."
P-6
F-40
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS
[Business & Professions Code 7028.15]
{Public Contract Code 20103.5)
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity
on whose behalf this certification is given, hold a currently valid California contractor's license as set forth
below:
Business & Professions Code 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the
business or act ih the capacity of a contractor within this state without having a license
therefore, except in any of the following cases:
(1) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the Public
Contract Code or on ariy local agency project governed by Section 20104 [now '
2oio3.5J of the Public Colltract C:ode.
(b) If a person has been 11reyi91Jsly c;onyicted ofthe offense described in this section, the court shall
impose a fine. of 20 . percent. of the price of the contract under which the unlicensed person
performed contracting work, or four thousand five hundred dollars ($4,500), whichever is
greater; or imprisonment in the county jaiH6r not less than 10 days nor more than six months,
orbo1:h.
In the event the person performing the contracting. work has agreed to furnish materials and
labor ()ri ari hourly basis, "the price of the contract" for the purposes of this subdivision means
the aggi'egat~ sum of the cost of materials and labor furnished and the cost of completing the
work to be performed.
(c) This :section shall not apply to a joint venture license, as required by Section 7029.1. However, at
the time of making a bid as a joint venture, each person submitting the bid shall be subject to
this section with respect to his or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or
registered professional engineer to form joint ventures with licensed contractor to render
services within the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a
contractor who is not licensed in accordance with this chapter shall be considered non-
responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions
applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify
that the contractor was properly licensed when the contractor submitted the bid.
Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the
registrar may issue a citation to any public officer or employee of a public entity who knowingly
awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this
P-7
F-41
chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to
Sections 7028.7 to 7028.13 inclusive. Any contract awarded to, or any purchase order issued
to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863
of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency
during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section lf the
public employee; officer, or employing agency made an inquiry to the board for the purposes of
verifying the license status of any person or contractor and the board failed to respond to the
inquiry within three business days. For purposes of this section, a telephone response by the
board shall be deemed sufficient.
Public Contract Code 20103.5:
In all contracts subject to this part where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.
However, at the time the contract ls awarded, the contractor shall be properly licensed in accordance
with the laws of this state. The first payment for work or material under any contract sh11ll not be made
unless and until the Registrar of Contractors verifies to the agency that the records of the Contractor's
State license Board Indicate that the contractor was properly licensed at the time the contract was
awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law
including, but not limited to, any appropriate disciplinary action by the Contractor's State license Board.
The agency shall include a statement to that effect in the standard form of prequaUflcation
questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for
an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture
of the security of the bidder.
License No.: __ 7 ......... fl-o __ ........ (_2.-_. ______ _
Class: ___ ~----~-----------
Expiration Date: __ I f ... ~_l{,_"')...V __ i_:S-__ . ___ _
Date: __ --tl---'.tHr---/6_,_a-o_l_L{-_. __
P-8
F-42
DESIGNATION OF SUBCONTRACTORS
(Public Contract Code 4104]
The prime contractor shall complete ALL information in the table below and shall submit it with the bid, at the time of the bid.
Subcontractors
Company Name
SPC06-62
Owner
Name/Names
license I License
Type Number
Address and
Number
Phone I Type of Work
(e.g. Electrical)
IA-, 6. '
(~
(:>-/}
q ,,., .... ;1) .17" .. $o14"4"'1£:f !;i\v" . 1 r {,, /J , .
<., ... ;1v'S fA'.l"'~m4V\l\:i-tlt4 qa1B \:$1'1C..V~; 1~{~'Y
5\1~ ;.~I 3'31'1-(Pc,Sc~;::i.rW'<..I O·~~j(... ~~'1\..-.
' I i...L-U.. -· L • td. &113~--l"'4tt.J s.
P-9
Percentage of Work
'3 Ytff>
S1-
F
-
4
3
Record Last Five (5) Full Years: --
I ....
. . .. . · .. ..
1. No. of contracts
2. Total dollar amount of contracts (In
thousands of$}
•3. No. of fatalities
*4. No. of lost workday cases
*S. No. of lost workday cases involving
permanent transfer to another job or
termination of employment
CONTRACTOR'S INDUSTRIAL
SAFETY RECORD
Year of Record 2ofl 20.)Q. 201i
.. . . . .... .. . . .• .. . .
. .. ; ...... .. .. ;
f) , 3
;\~ f.\~ I
f! (/J\~
'\~ ~~'Y
<lJ fi ¢
~ ~ if
I ¢ ,{)
20{2... 20(3.. Totaf current
Year
II ..
. .
2 3 l~ l
'}'f"-v
~ -~'#' ~ ~~ ~· 6~\J)\
m pf ci ~
( .
(15 l5 j:) d
7
/6 p p rt
The information required for these items is the same as required for Columns 3 to 6, Code 10, occupational Injuries, summary-Occupational Injuries
and Illnesses No. 102.
The above information was compiled from the records that are available to me at this time, and J declare und41r penalty of perjury that the
information Js true and accurate within the limitations of those records.
-Cclo1> (2~\sh~-
Name of Bidder {print) Signature
tbo Ji.tcl-to JX . *2!--9_· _ ·-----8-
I
Address
'--'A-CA-q<.x:>l.-o ' ")-(>-1i )_ -'6'>-f3,
City Zip Code Telephone
SPC06-62 P-10
F
-
4
4
Bond No. _Nl ..... A __ _
BID BOND
KNOW All PERSONS BY THESE PRESENTS that:
WHEREAS the_fity of Rancho Palos Verdes
("Public Agency"), has Issued an Invitation for bids for the work described as follows:
RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION (Project 014812)
WHEREAS--------------------------------------------~--------~
Tobo Construction, Inc 500 Shatto Place, Ste 320, Los Angeles, CA 90020
{Name and address of Bidder)
("Principar), desires to submit a bid to Public Agency for the work.
WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of
bidder's security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and----------------------
Allegheny Casualty Company One Newark Center, 20th Floor, Newark, NJ 07102
(Name and address of Surety}
("Surety") a duly admitted surety Insurer under the laws of the State of California, as Surety, are held and firmly
bound unto the Public Agency In the penal sum of ______________________ _
ten percent of attached bid amount
Dollars ($ 10% of bid ), being not less than ten percent (10%) of the
total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents. ·
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for
the work by the Public Agency and, within the time and in the manner required by the bidding specifications,
enters into the written form of contract included with bidding specifications, furnishes the required bonds, one
to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes
the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and
remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public Agency
in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions
of California Civil Code 2845.
SPC06-62 P-11
F-45
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth
below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned
representative{s) pursuant to authority of its governing body.
Dated: April 16 , 2014
"Prlncipain
Tobo Construction, Inc Allegheny Casualty Company
By: By: S.
Its
By: By:
Its Its
(Seal} (Seal}
Note: This bond must be doted, all signatures must be notarized, and evidence of the authority of any person
signing as attorney-In-fact must be attached.
SPC06-62 P-12
F-46
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
~~,(§(
State of California }
before me, Barbara Copeland, Notary Public
Here lnaert Name and i1il9 OI the Officer
personally appeared ------------Tls~te~g~ha~1m~·e~H,:,::o""a""'ng..__ _________ _
Nsme(s) CiSloner<s>
BARBARA COPELAND
.. Commission # 2016348
! . • Notary Public • California ~ J Orange County ?
9 " , 4 • 4Ml ~oT'! !x~s ~PJ 1,9:J2lr!
Place Notary Seel Above
who proved to me on the basis of satisfactory evidence to
be the person($} whose name(&) is/are subscribed to the
within instrument and acknowledged to me that
-he/sheltl:ley executed the same in -hislher/\f:leir authorized
capacity{ies), and that bytrislher/tReir signature(&} on the
instrument the person(&), 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-/:~~~~~~~~::!:~~==---
~~~~~-----------OPTIONAL~------~---------------
Though the Information be/oW is nol required by law, n may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form lo another document.
Description of Attached Document
Tille or Type of Document:----------------------------
Document Date:-----------------Number of Pages:--------
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Slgner(s)
Signer's Name: Stephanie Hoang
0 Individual
O Corporate Officer -Title(s):
O Partner -O Limited O General
lRl Attorney In Fact
D Trustee
0 Guardian or Conservator
0 Other: _______ _
Signer Is Representing: ___ _
Top of thumb here
Signer's Name: _____________ _
0 Individual
O Corporate Officer-Title(s): --------
0 Partner-0 Limited D General
O Attorney in Fact
OTrustee
O Guardian or Conservator
O Other: _________ _
Signer Is Representing: ____ _
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C2007NsUonal NolaryAssoclatlon• 9350 De Solo /We., P.O.Bax2402•Cha!SWarth,CA 91S13-2-402•www.NaUanalNotary.ag hem #59C17 Raorder:Cal1Toll-Fre&1-8Q0.876.f1827
F-47
ONE NEWARK CENTER, 20TH Fl...OOR NEWARK, NEW JERSEY 07102·5207
KNOW ALL MEN BY THESE PRESENTS! That fNTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organlted and existing under lhe laws of the State of
Pennsylvania, having their principal office In the City of Newark, New Jersey, do hereby constltute and appoint
STEPHANIE HOANG, MARK RICHARDSON, ERIC LOWEY, SHAWN BLUME
Costa Mesa, CA.
their true and lawful attomey<sHn-fact to execute, seal and dl'tliver for and on Its behalf as surety, anY. and all bonds and undertakings, contracts of indemnity
and other writings obl!Qato!'Y In the nature thereof, which are or may be allowed, reguired or ~ittea by law, statute.i.ruli:\ ~ulation1-oontract or olh~'!',!~ei..
and the execution of sucli lnstrumentls) inJl!.lrsuance of these presents, shall t>e as binding upon the said IN 1 ERNATIONAL r-IDELITY INSUIV'\l,.cc
COMPANY and ALLEGHENY CASUAl. TY c;;OMPANY, as fully and amply, to all intents anct purposes, as If the same had been duly executed and
acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney Is executed and ma_y be revoked, pursuant to and by authoril;y of the By-Laws of INTERNATIONAL F1DELITY INSURANCE
COMPANY andALLEGHENY CASUALTY COMPANY and is granted under and by aulhol'.!lY of the fOllowing resolution adopted by the Board of. Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY al a meeting duly held on the 20th day of July, 2010 and by the Soard ofDtrectors of ALLEGHENY
CASUAL TY COMPANY at a meeting duly held on the 15th day of August, 2000:
"RESOL VED,1. that (1) the President, Vice Prestdent. or Secretary of the Corpqratlon shall have the _power to apP.<!lnt. and to revoke the aPPQfntments of,
Attomeys-in-r-act or agents with power and authoritv as defined or limited in ttielr respective .~ers of attorney, anti to execute on behalf of ttif;l Corporatlon
and affiX the CorporaliOn's seal thereto, bonds, undertaki!'19s, recognizancf!s, contracts of indemnity and olherwritten obllaations in the nature1hereof or
related thereto: and (2) any such Officers of the Corporation may appoint and revoke the appolntmenfs of jolr.1t-contro1 custodians, aJ;1ents for acceptance of ~rocess 1, and Attomeys-in·fact with authority to execute waivers amf oonsents on behalf of the ColJloratlon; and (3) the signature or any such Officer of the
Corporauon and the Co1P9ratlon's seal may be affixed by faQSlmile to any power of attorney or cerli1lcatlon given for the execution of any .bond, undartaklng,
recognizance contract of indemnllY or other written obngatton in the nature thereof or related thereto, suCh signature and seals when so used whether
heretofore or hereaftB!: being hereby adopted bY. the CorPOratlon es the original signature of such officer and the original seal of the Corporation, to be valid
and binding upon the vorporation with the same force and effect as thOligh manualTy affixed.•
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY have each executed and
attested these presents on this 12th day of March, 2012.
STATE OF NEW JERSEY
County of Essex
ROBERT W. MINSTER
Executive Vice President/Chief Operating Officer
(International Fidelity Insurance Company)
and President (Allegheny casualty company)
On this 12th day of March 2012, before me came the Individual who executed the preceding instrument. to me personally known, and, being by me duly
sworn, said he Is thethereindescribedandaUthorized officerof INTERNATIONAL FIDELITY INSURANCE COMPANYand ALLEGHENY CASUA\.TY
COMPANY ; that the seals affixed to said lnstrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set mY hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
CERTIFICATION
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Mar. 27, 2014
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said
Power of Attorney, with the originals on flle in the home office of said companies, and that the same ate correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this llPth day of f17ril, '2.D11t,
.; ~
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I I
' ' , , ! ACKNOWLEDGMENT I , ,
' ' j State of California j i County of ( Los Angeles i , , ! On 4/16/2014 before me, Suzie H Na. Notary Public !
f (Insert name and title of the officer) f , ,
' ' i personally appeared Jimi Chae '
' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s@are ! ! subscribed to the within instrument and acknowle~d to me that@she/they executed the same in ! ! &/her/their authorized capacity(ies), and that bt.!Jja7her/their signature(s) on the instrument the !
f person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. f
I I
' ' i I certify under PENAL TY OF PERJURY under the laws of the State of Californa that the foregoing j
; paragraph Is true and correct. j , ,
! WITNESS my hand and official seal. !
' ' , ,
' ' , ,
' ' I I
! Signature (Seal) !
' ' I I
' ' I I
' ' ..,_..,,...,.,...,..,__. .............. ..,, ................. ..,~.,...,.,...,...,....,. .. ....,..,....,,....,.,...,.,,,.,,...., .... ..,,_...~,~,...., .. ~ .. ..., .. ,,,.,.,.,,~.,, .... ,,.,.. ..
F-49
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code § 7106]
State of californla~
Countyof * · City of \AS ~ ·
The undersigned declares:
SS.
of j)~ ~tAJkn the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham
bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the
bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership,
company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive
or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture,
limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has
full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws
and ,tha~~ declaration is executed on
[414 IM{A · [state]. v
the State of California that the foregoing ii.rue and correct
Y [date], at lJ>4 .lwf :LG [city],
Subscribed and sworn to before me on --+-'-~ .... t_{_(lP_· ...;;..• _)-O __ l_.... ____ _.,,_7
(Date)
SPC06-62 P-13
F-50
04/14/2014 13:55 13105445292 PUBLIC WORKS
ADDENDUM NO. 1
RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION
(PROJECT NO. 014812)
FOR THE CITY OF RANCHO PALOS VERDES
PAGE 02/09
In accordance with "Addenda" on page NC-4 of the "lnsttuctions to Bidder.$", the followine changes (revisions,
additions, and/or deletions) are hereby Incorporated and made a pan of the subjec:t plans, specifications and
contract documents for this project. ACKNOWLEDGE REC£1PT OF THIS ADDENDUM tN THE SPACE PROVIDED
BELOW. FAILURE TO DO SO MAY SUBJ£Ci SIDPER TO DISQUALIFICATION. A SIGNED copy of the ADDENDUM
MUST BE INCLUDED WITH THE PROPOSAL DOCUMENTS AT THE TIME OF BID.
This Addendum forms a part of the Contract Oocurnents for the above-identified project and modifies the original
specifications and Contract Documents, as noted below. Portions of the Coritr~ct, not specifically mentioned In the
Addendum, remain in farce. All trades ~ffeeted shall be fully acfvised of these changes, dell!!tions, and additions.
This addendum lncl1,1ded additions and changes to the contract document$ as follows:
CHANGE TO THE BIO DOE DATE
1. Delete Pace NC - 1 Notice lnv~ing Sealed Bids Replace With NC -1 (a)
2. Delete Page GP-2
3. Delete Sheet T-1
4. Delete Sheet C-1
5. Delete Sheet R·3
CHANGES IN SPECIFICATIONS
Replace wfth GP·2(a) (Attached)
CHANGES IN PLANS
Replace with Addendum No. 01Sheet T ·1 dated 04/03
Replace with Addendum No. 01Sheet C·l d:iwted 04/03
Replace wh:h Addcmdum No. 015heet R .. 3 dated 04/03
OTHER
6. The Bidders are reminded that Contractor's Daily Reports will be required for this project as
outlined on page GP-16, item 29 of the General Provisions.
7. RFI Responses Attached
End of Addendum No. 1.
Michael Throne, P.E.,
Director of Public Works
I acknowledge reteipt of this Addendum No. land accept the aforementioned.
·~
Addendum No. 1 (Ryan Park Southern Entrance Realignment and Parking Lot Expansion)
1
F-51
~---------------------------------.... -----_,_..., ____ ,...,,....,,_,..., _____ ...,, ____ -,_..~ , ,
' ' I I
f ACKNOWLEDGMENT I , ,
I I
; State of California i i County of ( Los Angeles ; , , ! On 4/16/2014 before me, Suzie H Na, Notary Public !
I (Insert name and title of the officer) I
I I
' ' i personally appeared Jimi Chae i
, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(@re , ! subscribed to the within instrument and acknowl~d to me tha~/she/they executed the same in ! ! l'@/her/thejr authorized capacity(ies), and that bt])i5/her/their signature(s) on the instrument the f
I person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I , ,
' ' i I certify under PENALTY OF PERJURY under the laws of the State of Californa that the foregoing i
j paragraph is true and correct. i , ,
! WITNESS my hand and official seal. !
' ' , ,
' ' , ,
! ~· ! ! Signature ~ (Seal) !
' 7 ' , ,
' ' , ,
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F-52
CITY OF RANCHO PALOS VERDES
DESIGN PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this ath day of May,
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 Ryan Park Southern Entrance
Realignment and Parking Lot Expansion Project (the "Project").
1.2 Description of Services
CONSULT ANT shall provide construction inspection and oversight, as
described in CONSULT ANT'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
CONSULT ANT 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 CONSULT ANT's work promptly, or d.elay
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.
R6876-0001\1687159v2 .doc
ARTICLE 2
COMPENSATION
Page 1 of 13
Agreement for Design Professional Services
F-53
2.1 Fee
CITY agrees to compensate CONSUL TANT an amount not to exceed
forty two thousand five hundred dollars ($42,500) for services as described in Article 1.
This entire Agreement is funded by the City's General Fund.
2.2 Terms of Compensation
CONSULT ANT 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 CONSUL TANT of a disputed amount or claimed
completi0n 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 CONSUL TANT without liability to CONSUL TANT
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,
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 May 6, 2014, and shall terminate on
May 5, 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
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F-54
design professional services and to the maximum extent permitted by law,
CONSUL TANT 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 CONSUL TANT 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 or omissions of
lndemnitees.
(c) All duties of CONSUL TANT under Section 3.1 shall survive
termination of this Agreement.
3.2 General Liability
CONSULT ANT 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 CONSULT ANT 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
Page 3of13
R6876-0001\1687159v2.doc Agreement for Design Professional Services
F-55
rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000) per claim and
aggregate for errors and/or omissions of 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
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. CONSULTANT shall require any subcontractor similarly to provide
such compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage
shall not be cancelled or modified by the insurance carrier without thirty (30) days prior
written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of
Page 4of13
R6876-0001\1687159v2.doc Agreement for Design Professional Services
F-56
premium. Additionally, CONSULTANT shall provide immediate notice to the City if it
receives a cancellation or policy revision notice from the insurer.
(b) CONSULT ANT 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 CONSUL TANT'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.
ARTICLE 4
TERMINATION
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 CONSUL TANT, in an amount to be
determined as follows: for work satisfactorily done in accordance with all of the terms
Page 5of13
R6876-0001\1687159v2.doc Agreement for Design Professional Services
F-57
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 CONSULTANT for the full performance of
the services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All final documents, plans, specifications, reports, information, data,
exhibits, photographs, images, video files and media created or developed by
CONSUL:. TANT 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.
CONSUL TANT 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.
CONSUL TANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to
which any intellectual property right exists, including computer software, used in the
rendering of the services and the production of all Written Products produced under this
Agreement, and that the CITY has full legal title to and the right to reproduce the Written
Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected
officials, officers, employees, servants, attorneys, designated volunteers, and agents
serving as independent contractors in the role of CITY officials, harmless from any loss,
claim or liability in any way related to a claim that CITY's use of any of the Written
Products is violating federal, state or local laws, or any contractual provisions, or any
laws relating to trade names, licenses, franchises, copyrights, patents or other means of
protecting intellectual property rights and/or interests in products or inventions.
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
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F-58
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
CONSULT ANT 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
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
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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
CONSUL TANT 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. CONSUL TANT
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.
CONSULT ANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement, but at all times shall CONSUL TANT
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
CONSULTANT represents, covenants and agrees that: a) CONSULTANT
is licensed, qualified, and capable of furnishing the labor, materials, and expertise
necessary to perform the services in accordance with the terms and conditions set forth
in this Agreement; b) there are no obligations, commitments, or impediments of any kind
that will limit or prevent CONSUL TANT's full performance under this Agreement; c) to
the extent required by the standard of practice, CONSUL TANT 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
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12) months after completion of the
work under this Agreement which is or may likely make CONSUL TANT "financially
interested" (as provided in California Government Code Sections 1090 and 87100) in
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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 this Agreement,
the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees,
and other costs, in addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
other than 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
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 CONSULTANT's direct employ, when it is appropriate and
customary to do so. Such persons and entities include, but are not necessarily limited
to, surveyors, specialized consultants, and testing laboratories. CONSUL TANT'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
CONSUL TANT 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
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the conduct of CONSULT ANT or any of the CONSUL TANT'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. CONSULT ANT 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. CONSULT ANT 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. CONSULT ANT 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 CONSUL TANT 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
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSUL TANT 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.
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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 CONSULT ANT'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, P.E., Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSUL TANT:
Alan Braatvedt, V.P. of South Bay Operations
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]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:
~~~~~~----~-
ATTEST:
By: ______ ~------
City Clerk
KOA CORPORATION
("CONSULTANT")
By:~~~~~~~~~~~~-
Printed Name: ---------
Title:
-----------~
By:~~~~~~~~~~~~-
Printed Name: ---------
Title:
~~---------~
CITY OF RANCHO PALOS VERDES
("CITY")
By:_~~~~~~~~~~~-
Mayor
APPROVED AS TO FORM:
By: ____ ~~~~-----
City Attorney
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Exhibit "A":
Consultant's Proposal and Schedule of Hourly Rates
January 31, 2014
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: Siamak Motahari
RE: Proposal for Inspection and Oversight Services for the Construction of Ryan Park,
Southern Entrance Realignment and Parking Lot Expansion Project
Dear Mr. Motahari:
KOA Corporation ("KOA'') appreciates the opportunity to submit our proposal to the City of Rancho
Palos Verdes for Civil Engineering Inspection and Oversight services. KOA has the expertise and
resources required to assist the City of Rancho Palos Verdes for inspection and oversight services
during the construction of the City's Ryan Park Southern Entrance Realignment and Parking Lot
Expansion 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 conform to
all the requirements of the contract. KOA is very familiar with the project and the city's unique
requirements.
We are proposing to use Mike Jenkins to provide the inspection and oversight services and the
preparation of reports for the Ryan Park Project for an average of 4-hours per day for the full 120-
calendar day construction duration of this project. During his time at KOA, Mike has acquired
considerable experience working on retaining walls with anchoring systems and in particular, soil nail
walls. We believe that the specialized experience is essential to help avoid the problems that can arise
with this type of construction and will help assure a successful project. KOA's project systems, and
management structure are geared to providing flexible services for complex projects such as this one.
KOA has performed similar management and inspection services to the City of Rancho Palos Verdes
over the past 15-years and we can assure the City that Mike will live up to your expectations.
The services that will be provided include, but are not limited to the following:
• Using our experience with soil nail walls, will advise, but not direct, the contractor to assist in
achieving the desired result
•Assist in the evaluation of the submittals and make recommendations if necessary
•Check to make sure of conformance with the approved submittals
• Inspect the specialized construction techniques and work
• Ensure that all aspects of the "as-build" soil nail walls are accurately documented
• Pay particular attention to maintaining the stability of Hawthorne Blvd.
• Interpretation of the intent of the plans and bid documents
•Inspection and oversight for adherence to the requirements of the bid documents and normal
construction practices
•Monitoring of the Storm Water Prevention Program Plan's requirements
Exhibit "A"
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F-65
•Preparation of daily reports
•Collection of all relevant documentation and delivery notes
•Ensuring the contractor's compliance with prevailing wage requirements
•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
•Providing the conduit between City Staff, the designers and the contractor
The total "Not to Exceed" cost for the services is $42,500, broken down as follows
TOTAL
HOURS:
RATE:
85
,..,
co:
~
= = ~ u = ~ ,..,
= = u
co:
~
t ~ ,..,
""' = = =
4 0
$155
$0
"O c cu
c_
.2 .c
13 ·-
Cl) !!? c. Cl) fl)>
.50
"O
G>
i.i:
340
$125
$42,500
0
$65
$0
-co: u .... t -u
$42,500
Alan Braatvedt will be the Management Contact and Project Manager for this contract. The contract
would be managed though the South Bay office at 141 I W. I 90th Street, Suite 525, Gardena, CA, 90248;
Phone: 310.329.0 I 02; Fax: 310.329. I 021; Email: alanb@koacorporation.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 310.329.0 I 02.
Sincerely,
KOA Corporation
Alan Braatvedt
V.P. of South Bay Operations
Exhibit "A"
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Exhibit "B":
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. KOA Corporation ("Consultant") acknowledges that the Ryan Park
Southern Entrance Realignment and Parking Lot Expansion 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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F-67
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"
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