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RPVCCA_CC_SR_2014_07_15_O_Annual_Sidewalk_Repair_PgmCITY OF RANCHO PALOS VERDES MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: 'I{ MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS 1\~ DATE: JULY 15, 2014 SUBJECT: AWARD CONTRACTS FOR CONSTRUCTION AND INSPECTION SERVICES FOR THE FY2013-14 ANNUAL SIDEWALK REPAIR PROGRAM (SUPPORTS 2014 CITY COUNCIL GOAL #2, INFRASTRUCTURE) REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGE~ Project Manager: Melissa Countryman, Associate Engineer RECOMMENDATION 1. Approve the construction plans and project specifications on file in the Public Works Department for the FY 2013-14 Annual Sidewalk Repair Program. 2. Award a construction contract to Civil Works Corporation in the amount of $144,450, and a professional services agreement for inspection services to Sunbeam Solar Technologies, Inc. OBA Sunbeam Consulting in the amount of $23,310, and authorize Staff to utilize an additional 5% ($8,388) for project contingency. 3. Authorize the Mayor and City Clerk to execute the agreements. BACKGROUND Every year the City implements the sidewalk repair program where damaged sidewalks are repaired at various locations throughout the City. The City is sub-divided into nine maintenance zones and as requests are received regarding uplifted and/or damaged sidewalk throughout the year, these locations are logged and a database of repair areas is maintained until the quantity of repairs is sufficient to initiate the project. O-1 ANALYSIS Construction Contract The project was publicly advertised and sealed bids were received and opened on June 2, 2014. Civil Works Corporation submitted the lowest responsive bid out of the three bids received. The following table summarizes the bids received: BID SUMMARY Construction Companies Bid Amount Civil Works Corporation $144,450.00 Hardy and Harper, Inc. $188,000.00 Unique Performance Construction $199,500.00 Staff has verified Civil Works Corporation's references and found their past performance on jobs of similar size and scope to be satisfactory. Civil Works Corporation has completed several similar-scale projects, including recent completion of similar sidewalk repair projects in the City of West Hollywood, City of Palos Verdes Estates, and Hollywood High School. Their bid, bonds, and insurance documents are in order and their contractor's license is current. Project Inspection To ensure first-class work, materials, and workmanship during construction, project inspection services are needed to oversee construction activities and verify specification compliance. Staff solicited proposals from several firms that have offered similar types of professional services for the City in the past and Sunbeam Solar Technologies, Inc. OBA Sunbeam Consulting was selected based on their qualifications and prior experience on past similar City projects. The cost for this project's inspection services will be approximately $23,310. ALTERNATIVE The alternative is to reject all construction bids and re-advertise the construction project. This alternative could take approximately two months to complete and may result in an increase in bids. CONCLUSION Adopting Staff's recommendations will award a construction contract to Civil Works Corporation in the amount of $144,450, award a professional services contract in the amount of $23,310 to Sunbeam Solar Technologies, Inc. OBA Sunbeam Consulting for project inspection and oversight, and authorize staff to utilize 5% of the contract amount ($8,388) as contingency for unforeseen circumstances. Construction is expected to begin in August 2014 and be completed by November 2014. FISCAL IMPACT The recommended action will result in a total project authorized expenditure of $176, 148. Funding for the project is included in the Street Maintenance -Non Pavement Program of the FY13-14 budget which is expected to be carried forward to FY14-15 and a portion of FY14-15 budget. Since the bids received exceed the FY13-14 budget, $36, 148 of the FY14- O-2 15 budget will be used for this project. The City Attorney has reviewed and approved the construction and professional services agreements. Attachments: Attachment A: Attachment B: Attachment C: Project Location Map Civil Works Corporation Construction Contract Sunbeam Solar Technologies, Inc. OBA Sunbeam Consulting Professional Services Agreement O-3 ATTACHMENT A O-4 - Ill. LB Flal R ock pt_@!&~ Bl II FF LC ~OS~ !NSVLA - '·: -;~--~~ . "/f: =-~- "°" DE L Cf· .. ~.s!~, I :r, :::t:l ~:iiiil":: LF LG LH Inspir a tion P 1. LJ LK LL 61 62 <ZO 70 PALOS VERDES PENINSULA STREET" INDEX STREET G RID STR EET GR.to ST REU GRI D BTllEET y t~~~~8c°i: DR j~: YARMOUTH RV LA65 'l'EOOR CT LH63 VEUOW BRICK RD LE6l z ZOfULtO Pt. LB65 NUMEAIC.foL STREETS ?,ini.ST 'W70 O-5 ATTACHMENT B O-6 CONTRACT CITY OF RANCHO PALOS VERDES CONTRACT FOR FY2013-14 ANNUAL SIDEWALK REPAIR PROGRAM THIS CONTRACT ("Contract") is made and entered this fifteenth day of July, 2014 ("Effective Date"), by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Civil Works Corporation ("Contractor''). Contractor's license number is 646315. In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference. In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control. 2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner forthe project identified as FY2013-14 Annual Sidewalk Repair Program ("Project"), as described in this Contract and in the Contract Documents. 3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of one hundred forty-four thousand four hundred fifty dollars ($144,450) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit "B" and incorporated herein by this reference. · 4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers' Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 5. Antitrust Claims. In entering into this Contract, 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 Contract. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 6. Prevailing Wages. City and Contractor acknowledge that this Project is a public work to which prevailing wages apply. The provisions of Section 7.A of the General Provisions shall apply and are mandatory for this Project. 7. 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, by signing this Contract, the Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under take self-insurance in accordance with the provisions of that code, and I will comply with such provisions before 1 R6876-0001\1713033v2.doc O-7 commencing the performance of the Work of this Contract." 8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 10. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract 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 Contract. 11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written. ATTEST: City Clerk 2 R6876-0001\1713033v2.doc CITY OF RANCHO PALOS VERDES Mayor APPROVED AS TO FORM: By: ~~~~~~~~~~~- City Attorney CIVIL WORKS CORPORATION ("CONTRACTOR") By: ~~~~~~~~~~~~ Printed Name: ---------~ Printed Name: Title: -------------- O-8 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: Bond No. __ WHEREAS the City of Rancho Palos Verdes ("Public Agency"), State of California, has awarded to _____________________________ ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: ANNUAL SIDEWALK REPAIR PROGRAM, FISCAL YEAR 2013-2014 WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and-------------- (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of_ Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs . and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Should the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. 3 R6876-0001\1713033v2.doc O-9 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) "Surety" Its Its (Seal) APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON A Professional Corporation 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. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DA TE OF BOND MUST NOT BE PRIOR TO DA TE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 4 R6876-0001\ 1713033v2.doc O-10 Bond No. ---- PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency''), has awarded to _____ _ _____________________________ ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: ANNUAL SIDEWALK REPAIR PROGRAM, FISCAL YEAR 2013-2014 WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and-------------- (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of ____________ _ Dollars ($ ), this amount being not less than 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, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, ifthe 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 the 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 at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Public Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 5 R6876-0001\ 1713033v2.doc O-11 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" It~ Its (Seal) "Surety" Its 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. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DA TE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 6 R6876-0001\1713033v2 .doc O-12 WORKERS' COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Rancho Palos Verdes ("City") 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 Hall 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 Its Authorized Representative 7 R6876-0001 \1713033v2.doc O-13 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), /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 City of Rancho Palos Verdes ("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 before 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. 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. 8 R6876-0001\1713033v2.doc O-14 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes City Hall 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: 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 12. A o deductible or o self-insured retention (check one) of$ __________ _ applies to all coverage(s) except: ______________________ ifrx:ne,ro 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.: ( __ ) _______ _ R6876-0001\ 1713033v2.doc 9 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) O-15 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 City of Rancho Palos Verdes ("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 before 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, construction, interpretation, and enforcement of this contract of insurance. 10 R6876-0001 \1713033v2.doc O-16 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes City Hall 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.: ( __ ) _______ _ R6876-0001\1713033v2.doc Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) 11 O-17 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured (''Named lnsured'J: -------------------- Name and address of Insurance Company ("Company'J: 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 City of Rancho Palos Verdes ("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 harm less 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 before 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, construction, interpretation, and enforcement of this contract of insurance. 12 R6876-0001\1713033v2.doc O-18 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes City Hall 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 o Following Form o Umbrella Liability 11. Applicable underlying coverages: POLICY PERIOD FROM/TO LIMITS OF LIABILITY INSURANCE COMPANY POLICY NO. 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: _________________________ ,(frae,ro 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.: ( __ ) _______ _ R6876-0001\1713033v2.doc Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted 13 O-19 Exhibit "B": Contractor's Proposal Exhibit "B" O-20 PROPOSAL CITY OF RANCHO PALOS VERDES FY2013-14 ANNUAL SIDEWALK REPAIR PROGRAM TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES: The undersigned, as Bidder, declares that: (1) this Proposal is made without collusion with any other Person and that the only Persons or parties interested as principals are those named herein; (2) Bidder has carefully examined the Contract Documents and all Addenda as well as the site of the proposed Work; and (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, the undersigned 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 the Contract with the City of RanchG Palos Verdes to perform the proposed Project in accordance with the Contract Documents and all Addenda 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 as may otherwise be furnished or provided under the terms of the Contract Documents and Addenda, for the following stated unit prices or lump-sum price as submitted on the Bid herein. The undersigned submits as part of this Proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record includes all construction Work undertaken in the State by the Bidder and any partnership, joint venture or corporation that any principal of the Bidder participated in as a principal or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The Bidder may attach any additional information or explanation of data which he or she would like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities must be attached. Accompanying this Proposal is cash, a cashier's check, a certified check or a Bidder's Bond in an 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. The undersigned Bidder further agrees that should he or she be awarded the Contract on the basis hereof and thereafter fails or refuses to enter into the Contract and provide the required evidence of insurance and Bonds within fifteen ( 15) Days after written notice of the award, the cash, check or Bid Bond shall be forfeited to the City in accordance with Public Contract Code Section 20172, except as otherwise provided in Public Contract Code Section 20174. The undersigned certifies to have a minimum offive (5) consecutive years of current experience in the type of Work related to this Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work and further certifies to have been so licensed for the five (5) years immediately preceding the date of receipt of Bids. The undersi~osspsses California Contractor's License Number @463/-5 , Class-'\ a t:-Jl: which expires on £&. / /L0 . Bidders nam:. (/r~-~ a~._;1 · Signature: 'u-i _ ~ Date: 6/ct ./!;! Signature:------------------Date: ----------- 9 R6876-0001\1713033v2.doc O-21 CITY OF RANCHO PALOS VERDES BID SHEETS FOR FY2013-14 ANNUAL SIDEWALK REPAIR PROGRAM Bidder's Name: --'=~>"'-'-"It'--?/.'-'-~--_tcli_'O_Yi_'l<_Ll___,.~-o~&:f?~-·----------- To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to enter into the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents, as that term is defined in the Standard Specifications, to the satisfaction and under the direction of the Director of Public Works, at the following prices: ITEM NO. DESCRIPTION UNIT ESTIMATED UNIT PRICES EXTENDED QUANTITY AMOUNT 1. Remove and Replace 4" PCC SF 14,000 $'f-;80 $ I t11 ]L';o · Sidewalk J 2. Remove and Replace 6" PCC SF 3,000 $ fj. ~CJ $ .:2-s 'iDC-Sidewalk I Remove and Replace PCC curb $ t)6;p f5lJ $ 8; 2-?0· 3. and gutter, including a 1' -3' LF 150 A.C. curb slot 4. Painting House Number EA 10 $/fa, oo $ / ?oo- I Note: Several items may be adjusted or deleted. Any changes to the quantities for these items shall not classify as a substantial change as stipulated in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities, and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of implementation of traffic control, SWPPPs, and BMPs shall be included in the above unit costs. Cost of all export of material shall be included in the above unit costs. No additional compensation will be granted. The contract shall be awarded to the lowest responsible bidder based on the total bid. TOTAL BID PRICE IN DIGITS:$ JL.jL./, q 5tJ. Cr{) ....-- i-- - TOTAL BID PRICE IN WOR~D . ~ !lw-riJre J;&drf ifou y-fh () VJt;;,.k'J EP..JcllutrdreJ ~# Signature: Jh.,., ,L-' ------'--Title: ~ Date: 6~/p/ ::p.:;{\t11<.S. , Signature:---------------Title: -----Date: ------ 10 R6876-0001\1713033v2.doc O-22 INFORMATION REQUIRED OF BIDDER Fill out all of the following information. Attach additional sheets if necessary. ( 1) (2) (3) (4) (5) (6) (7) (8) (9) If the Bidder's name is a fictitious name, who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name, write "N/A" in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. Business address: /CJ OCJ 9 &f.e5//fff6L Jt?///J&~ 89-/O?iJ0 J Telephone: Sb# '/Pl /Oii Facsimile: ~d?-fC6/ /~-:s;- Type of firm -Individual, Partnership, LLC or Corporation: C!P ft,P~ te.J']-/7 on.) Corporation organized under the laws of the state of: ~l 1 r ,µ ;e,AJl~ California State Contractor's License Number and Class: 6'-%3 /..5-/f, d <! -Y 7 I Original Date Issued: Hlf-j 19 90--Expiration Date: ...5PJ /J.. C, ~' List the name and title of the person(s) who inspected the site .. of the proposed Work for your firm: ./l&rrzlD Li1Ql//he_i Ch1e/ ultmaffHZ ( 10) Listthe name and title of the person( s) who attended the mandatory pre-bid meeting for this Project, including the mandatory site visit, for your firm, if any: (11) Number of years experience the company has as a contractor in construction work: OJ 8-V~· / ( 12) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Proposal: / J .$..;lr.f/7~62. Jit /i44~ /:°:tt rl>Ubq /tes Q?om &n5u~& fltl~Lwty &~c~ (}; 9otYI j- {TJ~q; /1e J'J1az 61Jo L&?te»Z&J A-t1e I'!~ t.tr1~C!rrzt0h at:1·57z&?-~o (13) List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this Proposal: fl} IA= f I 11 R6876-0001 \1713033v2.doc O-23 ( 14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Proposal: A J/!J= (15) For all arbitrations, lawsuits, settlements and the like (in or out of court) the company or any principal having an interest in this Proposal has been involved with in the past five (5) years: a. List the names, addresses and telephone numbers of contact persons for the parties: b. Briefly summarize the parties' claims and defenses: c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome: (16) Has the company or any principal having an interest in this Proposal ever had a contract terminated by the owner or agency? If so, explain. tJ ( 17) Has the company or any principal having an interest in this Proposal ever failed to complete a project? If so, explain. (18) Has the company or any principal having an interest in this Proposal ever been terminated for cause, even if it was converted to a "termination of convenience"? If so, explain. 0 (19) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Proposal: 12 R6876-0001\ 1713033v2.doc O-24 (20) For projects that the company or any principal having an interest in this Proposal has been involved with in the last five (5) years, did you have any claims or actions: a. By you against the owner? Circle one: Yes ~ b. By the owner against you? Circle one: Yes @ c. By any outside agency or individual for labor compliance? Circle one: Yes ®· d. By Subcontractors? Circle one: Yes @) e. ·Are any of these claims or actions unresolved or outstanding? Circle one: Yes @ If your answer is "yes" to any part or parts of question (20), explain. (21) List the last three (3) projects you have worked on or are currently working on for the City of Rancho Palos Verdes: 1.JoAJG -C!t1rf'~ky Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information. The Bidder certifies under penalty of perjury under the laws of the State that the information provided above is true and correct. Notary Public Company £~ Signature: foP"C--. VVC ~::, Jt?t Signature: Title: Date: 13 R6876-0001\1713033v2.doc O-25 If final amount is different from original amount, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Circle one: Yes Did the Agency file any claims against you? Circle one: Yes If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 3 Name/ Number ~Ol:TJ) /titt;ilf .Jkj_,10_~ Project Description ?!<&el~ '-t ?2/-tEL/) o( S'LC tJ&-11 {/ey'S e-()"y"\._, Approximate Construction Dates From: 6/(7 /1,3 To: Ll1~/'Cl~ "" 9J' /, ~/e_ Agency Name: '});fi;J ~J:::.J;f/) JCJ--iJ.5.fl<_tLdz~ +;ve- Contact Person:cJtJh// {],./-J-1/0 Telephone: f.58: :J..2.,3 7Jl.,,6 Address: /?-J-S°O £L {!_!MJ;~O f ea/ ilz:3d0-Smv j) I ~D 0 Cf',:L/3D Original Contract Amount: $ G~~ QlJt) · ® Final Contract Amount: $ /;2 Cf 91? · tti.? I If final amount is different fr m original amount, please explain (change orders, extra work, etc.) iJi Did you file any claims against the Agency? Circle one: Yes @ Did the Agency file any claims against you? Circle one: Yes ~ If you answered yes to either of the above two questions, please explain and indicate outcome of claims. 15 R6876-0001\1713033v2.doc O-26 Project4Name/Number $Lfl-G ~IUJ'::J ZE;/\fiE r~ r/)J, '2_ Project Description _..i...U-.JtTYI==::....L...!..!C-.6:lll0..&:....,,_,/?:..5=!....~S,,;z_.£_'_L_.f--=&-_.--=---------~----- Approximate Construction Dates From: I /21//3 To: 6/tis j;-3 Agency Name: A;:°z.~}<S~e... Bv 11 /~.t(S .h/C.. . Contact Person: /:;9-te...UrJ ;t1/IKIJ£e/l-CllJ Telephone: dJ3 o;i.7 Ill ;I-- Address: /OiZ(p .S · S/in-hr 1--e. /hie. LtJ...:S fMye'ks Cir 1a~~/ Original Contract Amount: $ /~St/OZ?. <JD Final Contract Amount: $ / '1._~. 757-n If final amount is different from original amount, please explain (change orders, extra work, etc.) cfianP= tJgcleE!S Did you file any claims against the Agency? Circle one: Did the Agency file any claims against you? Circle one: Yes @ Yes G;J If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Prajeci5Nam~Number~~-·g~~-~-~~~~e-~~t----------------~ Project Description <Jenu r:;,l-E'_ ,/3ct1 'Lek(?j C¥ £/{.!£ Approximate Construction Dates From: {o { 1 < \ \ 2-To: 9(r l? / G " Agency Name: J):r Vl-J f ~ i) (!pt1.S·-ij¢u0ftoo +t.Jc_ Contact Person: fa/µ&;, ~w}s Telephone: g...$9 6;;i. 3 9'7 bO Address: /~/5'; £ L /YlM;rVDKeYJ-L :f:?01s S11-Nb1es;JJ <Yi-9..)..130 Original Contract Amount: $ /! f 2/? ({, ~ dV Final Contract Amount: $ /'11f;5$ff llS- If final amount is diffe ent from original amount, please explain (change orders, extra work, etc.) 16 R6876-0001\1713033v2.doc O-27 Did you file any claims against the Agency? Circle one: Yes © Did the Agency file any claims against you? Circle one: Yes(} If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 6 Name/ Number \'¥f1.5hH1"'}fet\ ~re.P. A1aH ScltoOL Project Description dJ;nw (~Pe_ fS U i k"-L-'A'-'-~-'-J-1--!"t"_.S_. -'-;-'-+-=e....::___ __________ _ Approximate Construction Dates From~.3 /J..;i_, To: 3/IA 7 //.3 Agency Name: (A.SS <!t,L Bui k:{er..s Contact Person: fllle11 OfhW\.CW'\ Telephone: 71'f 2';;l.<? 9~/9~ Address: g'CJS'°/ ltla1?J ...sf .gfrt,?htJ 0 O;o!PW Original Contract Amount: $ ( 20 c;oo. c.t/ Final Contract Amount: $ I { ~ l/: ?:P. f'7 If final amount is di~ent from original amount, please explain (change orders, extra work, etc.) GAAt;e l!u~ Did you file any claims against the Agency? Circle one: Yes {Q Did the Agency file any claims against you? Circle one: Yes r@ If you answered yes to either of the above two questions, please explain and indicate outcome of claims. 17 R6876-0001\1713033v2.doc O-28 RESUME Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. 18 R6876-0001\1713033v2.doc O-29 SUHAIL KAMEL KHAROUBA 2057 CONQUISTA AVE. LONG BEACH CA 90815 TEL: 562-431-8968 FAX: 562-461-1255 PROFESSIONAL EXPERIENCE JANUARY 1992 -PRESENT Civil Works Corporation was started in 1992 as a contracting firm, specializing in all phases of concrete construction. The business operated out of a garage office, and we own our own office building and two yards. Civil Works Corp. has always strived for excellence, in workmanship, and timely construction. We developed a strong customer base consisting of commercial, private, public works and some residential clients. Civil Works Corp. has come from a $50,000.00 a year business to an 8 million-dollar year business. My projection for the company is to expand overseas, while continuing to build our growth and reputation here in Southern California. April 1990 -December 1991 During this period I worked as a concrete sub-contractor for various residential projects, mostly on site work foundations, slabs driveways and sidewalks. I have successfully competed many jobs with masonry fences, and off site concrete work such as curb and gutter, public sidewalks, and driveway approaches. September 1988 -March 1989 Worked during this period with other partners in real estate investments in Southern California. Managed to buy few properties, developed on of them in the City of Bellflower, by building 8 Condo's, subdivided another property in Riverside and had three properties for sale, one in Fontana, one in Perris, and one in Rancho California. My share of the investment is $100,000.00. Septemberl987 -August 1988 I served as managing director of Modern Engineering and Contracting Co., Amman -Jordan. A family owned O-30 contracting firm with my self as 30% shareholder. During this period the company completed few small residential projects. Successfully completed a public building project for the Ministry of Education within the time schedule, total value was $750,000.00. Before my handing over the management of the company to my brother the company landed two more contracts for a total value of $3,000,000.00. I managed to start both projects and to get the momentum going prior to my departing Modern Engineering and Contracting Co. Both projects were completed as per schedule. The company's permanent staff consisted of 7 Engineers and 12 Field Superintendents. I was directly responsible for staff recruitment and material procurement. I was also directly involved with the bonding arrangements and financial aspects of the work through local banks and financial institutions. January 1985 -August 1987 My work during this period was based in Hong Kong as the Managing Director of UTG Investments (Far East) Ltd., a Hong Kong based corporation with most of it's activities in the People's Republic of China. The operations of this company were diversified in many fields, with emphasis of contracting. As Managing Director of the company, I was directly responsible in all aspects of the business, from negotiations stage to final execution, including labor and staff recruitment, sub-contractors negotiations and award of sub-contract works, material procurement etc. The main project that was completed successfully during this period was a 150 MW power pack, 60 million dollar, (frame 5 G. E. gas turbine) , this project once completed was a master piece in terms of quality, workmanship, speed and performance with no contractual problems. Also during this period we started couple of multi story hotel projects in Fuzhou I Fuj ian Province. We were acting as project managers through out the design and the construction stages. As project managers we were responsible directly on every aspect of the work including co-ordination between the architect, the interior designer and the hotel Management Company. Once design was completed, we solicited bids and decided to execute the job on sub- contract basis, work progressed as per schedule and within the budget allocated. Total estimated cost was valued at 34 million dollars. O-31 April 1973 -December 1984 During this period I worked with Trans Orient Engineering and Contracting Company (TROCON), Amman -Jordan. TROCON was one of the leading contracting firms in Jordan it was incorporated in 1972 and within a short period, mainly because of backing, reached an unprecedented status and turn over. Detail of the actual experience and duties performed are as follows: December 1984 I became the Director of the Companies we had a 110 million dollars projects Iraq, and another 40 million, forty During this period Foreign Operations, going, in Baghdad floor tower project responsible for negotiations, strict control. March 1984 in Kula Lumpur Malaysia. I was staff recruitment and contract compliance with the programs and cost In Iraq, during this period, I was appointed as the Area Manager for TROCON' s projects. The biggest and the most prestigious project under construction were the Baghdad dormitories and dining halls, University of Baghdad at Al- Jadrieha. This project consisted of almost one million square feet of buildings; total value of the contract stood a 110 million dollars. In my capacity as Area Manger I was responsible for the actual performance of the various sub- contractors and our project staff, the total number of engineers and superintendents on this job was 60, the total labor force reached at its peak almost 1500 workers. My responsibility included meetings with the client, architect, and the project managers, Taylor Woodrow of U.K .. also managed the on site campus for all the staff and the labor force. This project was completed during my work with company as the director of the foreign operations. May 1978 -February 1981 During this period proud to work as building in Jordan, million sq. ft. of directly responsible job site, starting of my employment with TROCON, I was the project manager for the tallest a 25-floor commercial complex of half a space area; As project manager I was of the actual work performed on the at excavation, forming, rebar O-32 installation, pouring concrete, up to and including the finishing trades, utilities and finishing sub-contractors, tiling, interior and exterior paint, windows and doors subs etc. I was supervising directly the quantity surveyor and the monthly statements, also co-ordination with the supervising team, the architect and the owner. April 1973 -April 1978 During this period I worked as a project manager directly responsible for the actual execution of the work by the sub-contractors and our own work force for a number of medium size projects in Jordan, my responsibilities included bidding, actual execution of the work. My estimating capabilities along with my vast site experience prompted the management to continue using me in their estimating department and on the job site. The list of the projects is: AMMAN AIRPORT EXTENSION The work included construction of box culverts, substantial earth moving work, preparation of grade, base and A. C. pavement. Total value of the project was $4. 5 million. The project was completed I 13 . months as per program. ARMY OFFICERS HOUSING PROJECT This project consisted of 282 single-family houses, 1750 sq.ft. each, plus all-external works, such as concrete fences, under ground services, roads parks etc. The houses were built with concrete walls and roof; I personally went on a business trip to Germany to negotiate a contract with the framework manufacturers. We were able to strip, set the wall forms for the entire house and pour it in 1 7 hours using one mobile crane and 1 7-man gang. Total value of the project was $7 million dollars. COMPREHENSIVE SCHOOL PROJECT This project consisted of eight separate buildings, classrooms, library, mul ti-pupose hall, workshop, and laboratory building. Work also included all external works, playgrounds, sidewalks parking areas etc. Total value of the project was $750,000.00. 60 SINGLE FAMILY HOUSES -AQABA This was consisted of my first and smallest project with TROCON it masonry blockhouses with concrete roof and O-33 block fences. The total value of the project was $180,000.00. It was quite interesting to adjust to working conditions and resources in Jordan after working in Kuwait for couple of years where every thing was available in abundance. However I must have done a very good job on this that convinced the management of the ·company to keep me for eleven years, following which I resigned of my own accord to join UTG Investments (Far East) Ltd. In Hong Kong. July 1971 -April 1973 During this period I was working as an Assistant Project Managed with a Kuwaiti Company, United Gulf Contracting, we were .constructing a school. As Assistant Project Manager, I was responsible for the on site work only. All site employees reported to me. September 1970 -March 1971 During this period I worked with Raymon International Co. at their project in .Kuwait, the work was limited to drilling, driving corrugated sheet friction piles and casting them on site for the Kuwaiti Tower Project. I was appointed as a site engineer, helping the superintendent with the local supervision staff, and concrete placing. Education B.Sc. in Civil Engineering graduated #1 in class with honors. Professional memberships Member of the Jordanian Engineer Association. Member of the American Society of Civil Engineers Member of the California State License Board, ( A, B, C-8) Member of who's who in Executives and Professionals O-34 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104] List all Subcontractors doing Work in an amount in excess of 0.5% of the Contractor's total Bid or, in the case of Bids or offers for the construction of Streets or highways (including bridges), in excess of 0.5% of the Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. Subcontractors Name under which California Contractor's Type of Work Percentage of Subcontractor is Licensed License Number(s) & Address & Phone Number (e.g., Electrical) Total Bid (e.g., Class( es) 10%) 19 R6876-0001\1713033v2.doc O-35 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Bidder's Name (]ti/!'-\f...joy/(J &g:;,p - Current Year of 2013 2012 2011 2010 Record Number of contracts 3 lA JfJ ID /d- Total dollar amount of 2009 ~7 contracts (in thousands 5·1M1L ~ I .u,1,, 7-tf 11-~L {;.3µ;_ C:rS~(; of dollars) Number of fatalities ...e-~ ,-()-. ~ ce-.&- Number of lost workday ,e--c:8-cases .!6-<0-f .:&-- Number of lost workday cases involving _Q-fa 4' @--~ ~ permanent transfer to another job or termination of employment Total Year Jg- :iD, '1 M1·1.., ..{}-- I -e- The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accura ithin the limitations of those records. Signature: ~~· Signature: Title: .(liJJn . Title: Date: 4 .:i.,/;f Date: 20 R6876-0001\1713033v2.doc O-36 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code 7106] The undersigned declares: I am the 4ZJ/i1 . of e;;,,L WtYKJ i.?a&(J,. ' the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed Person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not · directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true .. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1!1AY Jortf,l.pt'f [date], at u.rlow~ [city], '2Aur~;.1t' [state]." // -., /t..--. - Signature --~-------"""-.::-----:--'-- Printed Name: /ft?.$. q: Ire Date: ,5-/3Z>/1Lj Signature ------------ Printed Name: __________ _ Date: -------------- This form must be notarized. 23 R6876-0Q01\1713033v2.doc O-37 CALIFORNIA JURAT WITH AFFIANT STATEMENT • ~e Attached Document (Notary to cross out lines 1-6 below) 0 See Statement B.elow (Lines 1-5 to be completed only by document signer[s], not Notary) / / / / / ___ _ /-Signature of Document Signer No. 1 State of California County of {JJ 5 AW{td.£5 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this J ~?! day of J.t/lf Month (1) /?.os,,ue. OrA-z- • Name of Signer ,2od_,by Year proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and <~---~,-Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Place Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: IJO/JCol/..u si D}J Dec. Document Date: -~5~-~)_0{ __ ~~----Number of Pages: __ _ Signer(s) Other Than Named Above:-------------- RIGHT THUMBPRINT OFSIGNER#1 Top of thumb here RIGHTTHUMBPRINT OFSIGNER#2 Top of thumb here • ©2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder: Call Toll-Free 1-800-876-6827 O-38 ACKNOWLEDGMENT OF ADDENDA Bidder's Name: C!tu1L IAJ~ V ks~ f!-f The Bidder shall signify receipt of all Addenda here, if any: Addendum Number Date Received Signature ~ I h/;.9/J~ ~~~~~ ~ -' I " '-._) If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda. 24 R6876-0001\1713033v2.doc , O-39 ~ 1 N l SI EW lK EP P OG M FISCAL YE 2013~ 2014 O-40 CITY OF f~NCt10 l_)ALOS VERDES ,-)l'nl I.-,, WOPl<S oi:.::1J'\ "YTl'\/]LN'I• I Jb __ c "' -L. t-\1< Iv L! ADDENDUM NO. 1 TO THE CONTRACT DOCUMENTS, SPECIFICATIONS, & STANDARD DRAWINGS FOR THE ANNUAL SIDEWALK REPAIR PROGRAM FISCAL YEAR 2013-2014 CITY OF RANCHO PALOS VERDES In accorTiance witi1 "Addenda" on page 4 of the "Instructions to Bidders", the following changes (revisions, additions, and/or deletions) as noted below, are hereby incorporated and made a part of the subject plans, specifications and contract documents for this project. Portions of the Contract, not specifically mentioned in the Addendum, remain in force. AH trades affected shall be fully advised of these revisions, deletions, and additions. Tr1is Addendum forms a part of the Contract Documents for the above-identified project and modifies the original specifications and Contract Documents Each bidder shall be responsible for ascertaining, prior to submitting a Bid, that it has received all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED BELOW. A bidder's failure to address the requirements of this addendum or failure to acknowledge the receipt of this addendum may result in that Bid being rejected as non-responsive. The subject contract documents are hereby amended as follows: ·t. Delete Pages 39, SP-'10, and SP-12 and replace them with attached Pages 39A, SP- ·10A, and SP-12A. 2. Delete Page TP-3 and replace it with attached Page TP-3A. End of Addendum No. 1 t.\ny questions regarding this Addendum should be directed to the Project IVlanager, Melissa Country111an, Associate Engineer, at (310) 544-5256. Michael Throne, Director of Public Works i 2ci<11ovvledQe receipt of this Addendum No. 1 and accept the aforementioned. IXA'l 2.j, '2..0!4 Date --···--------~----~·/J-o __ '. ____ s-+-/_2---'--e;-'--Ji~ Bidder's Signature Date · Please sign above and include this signed addendum in the Bid package. Failure to do so may re6ult in that Bid beinq rejected as non-responsive. Page 1 of 'I O-41 7. Workers' Compensation Insurance The workers' compensation insurance shall have a minimum limit of $1,000,000 or the amount required by law, whichever is greater. 8. Automobile Insurance Instead of the minimum limits listed in Section 7-3.2 of the Standard Specifications, the automobile insurance shall have a minimum limit of two million dollars ($2,000,000) per claim and occurrence and five million dollars ($5, 000,000) in the aggregate for bodily injuries or death of one person and two million dollars ($2,000,000) for property damage arising from one incident. D. PERMITS Contractor will be required to obtain all necessary permits from the City, which may include obtaining a no fee encroachment permit for Work within the public right-of-way, as well as all other permits from all other agencies. Should this Project require construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the City with a copy before Work can commence on this Project. Contractor shall bear all cost for fees for all agencies except for the City. E. WORKS/TE MAINTENANCE 1. Site Cleanliness Clean-up shall be done as Work progresses at the end of each day and thoroughly before weekends. If the job site is not cleaned to the satisfaction of the Director of Public Works, the cleaning will be done or contracted by the City and shall be back-charged to the Contractor and deducted from the Contract amount. 2. Jobsite Run-off Control Measures The Contractor agrees to provide for City review and approval and implement an approved Storm Water Pollution Prevention Plan (SWPPP) to prevent the run-off of construction materials into the City's storm water system. F. TRAFFIC CONTROL PLAN (TCP) Contractor shall provide a Traffic Control Plan for all phases of construction for review and shall conform to the California Edition of the Manual on Uniform Traffic Control Devices (MUTCD), the most recent edition, and must be approved by the Director of Public Works before construction. Contractor shall provide and maintain one four foot (4') wide paved pedestrian walkway in the parkway area on each side of all Streets, except as specifically exempted by the Director of Public Works. The clearance from the pedestrian walkway to any traffic lane shall be five feet (5'). Contractor shall provide and maintain steel traffic plates securely over the trench whenever required or at the end of the Working Day. The plates shall be pinned and ramped with temporary asphaltic concrete. 8. FACILITIES FOR AGENCY PERSONNEL The provisions of Section 8 of the Standard Specifications shall apply except as modified herein. No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the 39A R6876-0001\ 1713033v2.doc O-42 material shall be placed in an area which does not impact public or private landscaping or irrigation and the material shall be removed or disposed of daily. Should the Contractor appear to be neglectfol or negligent in maintaining a clean project site, the Director of Public Works or his authorized representative may direct the Contractor's attention to the existence of such condition(s). The Contractor shall provide all necessary measures immediately, at his expense. lf attention is directed to the existence of such condition(s), and the Contractor fails to provide an approp1iate remedy, any expense incurred by the City for providing correcting actions may be deducted from the pay estimates and the total contract price for the work, including a Fifty Dollar ($50.00) penalty per calendar day the condition(s) exist from date of notification. Full compensation for conforming to the provisions in this section not otherwise provided for shall be considered as included in prices paid for the various contract items of work involved, and no additional compensation will be allowed therefor. 15 -WORK HOURS The Contractor's working hours shall be limited to the hours between 8:30 a.rn. and 4:30 p.m., Monday through Friday, excluding those City holidays listed on page 44 of the General Provisions. Deviation from normal working hours will not be allowed without prior consent of the Director of Public Works or his authorized representative. In the event work is allowed by the Director of Public Works or his authorized representative outside of the nonnal working hours, at the request of and for the benefit of the Contractor, inspection service fees shall be levied against the Contractor at a rate of $114.00 per hour, plus travel tin1e where applicable. The above charge may also be levied if inspection services are deemed necessary by the Director of Public Works as a matter ofpublic safety or to otherwise ensure the quality of the work. If work is pennitted after sunset, the Contractor shall provide, at its expense, adequate light for proper prosecution of the work for the safety of the workmen and the public, and for proper inspection. 16-PROJECT MONUMENT SURVEYS AND CONSTRUCTION STAKING 16.1 Permanent Survey Markers The Contractor shall not disturb pennanent survey monuments or benclunarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor to establish the location of the monument before it is disturbed. cn1e Contractor shall have the monument replaced by a licensed land surveyor no later than thirty (30) days after constrnction at the site of the replacement is completed. The Licensed Land Surveyor shall file comer record(s) as required by " 8772 and 8773, et seq. of the California Business and Professions Code. Copies shall be provided to the City within 10 days of replacement of any monuments. When a change is made in the finished clevatrnn of the pavement of any roadway in which a pennanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade. Documentation of any disturbance or relocation, horizontal or vertical shall be provided to the City. 16.2 Center Line Tics SP-lOA O-43 The Contractor shall have on the work site at all times, as its agent, a competent English speaking superintendent capable of reading and thoroughly understanding the plans, specifications, other related documents, and directions from City's Construction Representative. The Contractor is responsible for securing an adequate storage site for equipment and materials (see separate items that detail these requirements elsewhere in the General, Special, or Technical Provisions). The cost for mobilization, including but not limited to, providing bonds, insurance, financing, moving equipment to the job site and preparing an approved work schedule shall be included in the prices bid f()r the various items of work, and no additional compensation will be allowed therefor. 18 -CLEARJNG AND GRUBBING The Contractor shall clear and grub vegetation as necessary to complete all project-related work, including but not limited to, all sidewalk, driveway, and curb and gutter repair work. P~1.Ym~n.1 -Payment for clearing and grubbing shall be included in the price bid for other items of work, and no additional compensation will be allowed therefor. I. EXTRA WORK Extra work, when ordered in wntmg by the Director of Public Works or his authorized representative 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 between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon report sheets prepared for the Director of Public Works or his authorized representative, furnished by the Contractor, and signed by both parties, and said daily report shall be considered thereafter the tme records of extra work done. The first sentence of Subsection 3-3 .2.2.2 Basis for Establishing Costs, (a) Labor, of the Standard Specifications, is hereby deleted and replaced with the following: The costs oflabor will be the actual cost of wages of workers perfonning the extra work at the time the extra work is done, plus the applicable labor surcharge as set forth in the California Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates," which is in effect on the elate upon which the work is accomplished, as well as assessments or benefits required by lawful collective bargaining agreements. 2. UNPAID CLAIMS If upon or before the completion of the work herein agreed to be perfonned or at any time prior to the expiration of the period within which claims oflien may be filed for record as prescribed by the Code of Civil Procedure of the State of California, any person or persons claiming to have perfom1ed any labor or furnished any materials, supplies or services toward& the perfonnance of completion of this contract or if they have agreed to do so, shall file with the City a verified statement of such claim, or if any person shall bring against the City or any of its agents any action to enforce such claim, the City shall until the discharge thereof~ withhold from the moneys that are under its control, as much as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the cost thereof; provided, that if the City shall in its discretion permit the Coutractor to file such additional bond as is authorized by the Code SP-12A O-44 Payment for this work shall be included in the cost of the bid items for replacement of PCC sidewalk and PCC curb and gutter, respectively. 5 -CRUSHED MISCELLANEOUS BASE/CLASS 2 AGGREGATE BASE No separate payment shall be made for crushed miscellaneous base (CMB) or Class 2 aggregate base. Either CMB or Class 2 aggregate base is acceptable material for base. Base shall be placed at locations as needed and as directed by the Engineer or his authorized representative. CMB shall be fine grade (3/4"-). Base shall be compacted to 95% relative compaction per the Standard Specifications requirements. All C.ivlB and Class 2 aggregate base will be considered as included in payments for other bid items, and no separate payment will be made therefore. 6 -PORTLAND CEMENT CONCRETE CONSTRUCTION The removal of existing and installation of PCC curb and gutter, spandrels, local depression, cross gutter, sidewalk, driveways, and curbs shall be constructed in the areas shown on the plans and as directed by the Engineer, and shall comply with Subsection 303-5 of the Standard Specifications. Concrete class shall be Class 560-C.:3250, Type 5, sulfate resistant or equivalent. The Contractor shall saw cut and remove existing PCC curb & gutter, sidewalk, driveways, curb, asphalt, base, subgrade, and other in-place materials as necessary for construction; prepare the subgrade; place base; and construct PCC curb & gutter, sidewalk and driveways where noted and as shown per detail drawings. New concrete improvements shall match existing finish and pattern as directed. Concrete shall be placed within 3 days of existing material removals. Excavations shall not be left open over weekends or holidays. All subgrade where new concrete is to be placed, as well as fill placed adjacent to new concrete to match elevations of new concrete, shall be compacted to a relative compaction of at least 95%. Contractor shall coordinate with utility companies for utility adjustments needed when constructing the work. The Contractor shall install steel plates over driveways to maintain access at all times when there is open excavation. Payment for provision, installation, maintenance, and removal of steel plates shall be included in the bid item for driveway replacement (remove and replace 6" PCC sidewalk). The Contractor shall verify, with a "smart level", that sidewalk grades do not exceed ADA requirements when marking the required saw cut removal limits and when setting the concrete fom1s, prior to pouring any curb ramp locations. It shall be the Contractor's responsibility to supervise and utilize the proper experienced personnel to ensure that the proper saw cut limits are established for all access ramp locations and the City's Representative shall not be responsible to direct the Contractor's crews or otherwise serve in this management capacity. The City's Representative shall be present to verify the concrete forms, prior to pouring any PCC construct.ion improvements. Sidewalks shall meet all ADA requirements and shall not create impediments to access. Sidewalk, driveways, curb access ramps are not to be monolithic with curb or curb & gutter unless otherwise directed by engineer. Curb, however, shall be poured monolithic with cross gutter. The Contractor shall saw cut a true, straight edge at each marked-out limit to the satisfaction of the City Inspector. · All curb and gutter shall now to drain to the satisfaction of the City I11Spector. A I · -3' wide AC slot patch shall be incidental and included in the price paid for curb & gutter or 6'' PCC sidewalk. AC patch shall be full depth asphalt, 6" minimum thickness, Type C2 PG 64-10. Edges of patch shall be neatly sawcut and sand-crack sealed upon completion. AC shall slope into the catch basin to provide for street drainage. The width of the AC slot patch (within the l' to 3' range) shall depend on the TP-3A O-45 Bond No. NIA BID B(lND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public: Agency"), has issued an invitation for Bids for the Work describod as follows: FY2013-14 ANNUAL SIDEWALK REPAIR PROGRAM WHEREAS Civil Works Corporation, 10009 Artesia Blvd., Bellflower, CA 90706 (N~mi) Md ~t:ldr~~!Jt of Sft:l!Jtr) ("Principal"), ~esires to submit a Bid to Public Agency for the Work. WHEREAS, Bidders are required under the provisiorn~ of the California Public Contract Code to furnish a form of Bidder's security with their Bid. NOW, THERE~FORE, we, the undersigned Principal, and _!he Ohio Casualty Insurance Company 790 The City Drive South, Suite 200, Orange, CA 92868 {"Surety") a d1.1ly 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 the Total Amount Bid Dollars($ 10% ), 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. finTI~Y by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for th1! 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 performanc1;i 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 snail be and remain in full force and effec:t. In case suit is brought upon this Bond, surety further agrees to pay all court costs incurred by the Public Agency in the 1Buit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California.Civil Code Section 2845. 21 R6876-0001\ 171 $023112.doc O-46 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 f'1ereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: May 29, 2014 "Principal" "Surety" Civil Works Corporation Ihe Ohio Casualty Insurance Company 10009 Artesia Blvd., CA 90706 ,Z90 The City Drive South, Suite 200, Orange, CA 92868 By: Sutf=!rl<-~e>'>£1' By: .d/L~/f~.,~ Its p~<>.;;.L~ ~Grydamey.;n-Fact By: ~ By;~------------ Its lts (Ses.~ (Sea~ Note: This Bond must be dated, all sigriatures must be noterized, c•nd evidem;e of the ac.ithon1y af 1my person signing as @ttomey-in· faat mui;t be atfar;J)aa. 22 R6876-0001 \171303~v~.doc O-47 THIS POWER OF ATIORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company Certificate No. ~7684 POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jeffre R. G de all of the city of Laguna Niguel , state of CA each individually if there be more than one named, its true· and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12th day of November , ~- American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company :>. CG· 'C· Cl). :g c: ·u; ~ By: ~--;:-.& ~ ~ STATE OF WASHINGTON ss Gregory:oa;;e;;pAssistant Secretary ~ :!:: ~ COUNTY OF KING c:· "CS =o ! en On this~ day of November , 2013 , before me personally appeared Gregory W Davenport, who acknowledged himself to be the Assistant Secretary of American ~ t; c.> C1> Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, ?.-w 0 .E execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. -~CG EE cu > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. o Q. =-=o .! !! I?.' <CC") c::5! K'..bu ~ o ;,;· ~ ~ . " , By: KO Riley , NotPUblic j ~ cuO OE OS ~CG c: CG This Power of Attorney is made and executed pursuantto and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance .!!? 0 ~ 11,.;, Company, Liberty Mutual Insurance Company, and West Ameriean Insurance Company which resolutions are now in full force and effect reading as follows: .c O: C1>~ -·· Cl% ~~ CG ;: ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject o c: Cl C1> to such fimitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, >. cu ~ :5 acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective =6 I E o; powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so . ~ Q> S 't;j executed, such instruments Shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > .Q .. ~ the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ~ ~ 'O>. ' -"' ii g ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E 19· > ! and subjectto such Hmitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, .: ~ o 5 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their 'C Cljl· Z CJ respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O o (..),,..· executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 <9· ..... ,,.. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 29th day of _____ M_a_y _______ , 20 14 LMS_ 12873_092012 A/)~/ By:_~~--=--'--~~~--------~ DllViCJM:CareY.·ASSistant Secretary 130 of250 O-48 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On May 29• 2014 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ ~---~~r--=-+------ • 0 • P. fos " t COMM. #1974059 z Notary Public • California ~ Orange County ~ M Comm. Expires Apr. 29, 2016 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRJPTION OF THE ATTACHED DOCL:MENT l Numb<:r of P11gt:'5 ___ Do~ument Date ______ . CAPACITY CLAU,fED BY rtlt. SfGNER L Individual (!') C Ct~rporate Offi~c:r ;T·;ite• LJ P artrier(s) ~ Attomey-i11-foct CJ f Tll~{Ct"( S} 0 Other ---·-·---------... --· ' .. -------' rNSTRUCTIONS FOR COtvlPLETING THIS FORM .~>t•·· 11cl.:11awf1uigm.-1rr completed in Cafi/ornl,; H1'r<.if C<Jlll<lm "l!'rbiage •'Xactly w ~t~w·s u.t.ow m Ifie m:irary ser:rio11 w· ;1 11wtii·wr (ldrnmn'cdgmem Jorl'l.1 rmm l"-' prop.,-r\:; cv'llpleter! 1211d a.rtadi~Yi f(l rfr111 dv.'.n411rf.'11I. The on/~· a.~<epricm i~ i/ Q docrierenJ i> lo be 1 ¢'<;of'dl!(f 1>11rsf;.f._; of Crii'~(Qriria. hi such UJSl<111Cli:!. ~m· (J,11t:1r11<1riw~ ar:'f1wi.•iitd.'!;mem 1•erhm.g1? ~$ min-be prinred ;:m s11cf1 t1 dwu1•u•11r w /i)rrg ~ rh-: H!tl.>iage d<'NlS 1101 re1Jm'r'l ffl<• 1rc1'<ll}' 10 de somerM11tt; 1hr:r1 1.5 H.M·g:rf /or a noto'T in Califimrm (i. < certifi-'ing rJre i:mJ1od;:ed <'iJ'tt;Jci(~ 1).l rli<' signer}. 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C"' l)'Jlll of illlil~~~ documen!, rwmhi;r (>f pl•ge1 Jm.I Jill" '"' '.11dic<1te rllli' r<ipuc1!;· claimed l;y 1hc $i,1t11er If th~ d<1i1n<!'d capa.ciLy 1s J CC>;pt.>nll<' ,,,: r•i.:er. m:!1.~at~ th= hlh,? (i.~ C'FO. CffJ . .;;e'<;r~aiyl. • ~\.!L.uidy a11a;cl1 Lliis do:ui.ncnt b.> t~•C >;f!MJ .J.>i:.u1nmt O-49 ATTACHMENT C O-50 CITY OF RANCHO PALOS VERDES PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this fifteenth day of July, 2014, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and Sunbeam Solar Technologies, Inc. OBA Sunbeam Consulting (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 follows: Fiscal Year 2013-2014 Annual Sidewalk Repair Program 1 .2 Description of Services CONSUL TANT shall provide construction inspection services, as described in the CITY's Request For Proposals, which is attached hereto as Exhibit "A" and incorporated herein by this reference, and in CONSUL TANT's Proposal, which is attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. In the event of any conflict between Exhibits "A" and "B," the terms of Exhibit "A" shall control. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the services requested by the CITY. Time is of the essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSUL TANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSUL TANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSULT ANT's control or without CONSUL TANT's fault. 2.1 Fee ARTICLE 2 COMPENSATION CITY agrees to compensate CONSULTANT an amount not to exceed twenty-three thousand three hundred ten dollars ($23,310) for services as described in Article 1. O-51 2.2 Terms of Compensation CONSUL TANT shall submit monthly invoices for the percentage of work completed in the previous month. CITY agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to notify CONSUL TANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSUL TANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due CONSUL TANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSULTANT 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 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 "C" and incorporated herein by this reference. 2.4 Additional Services CITY may request additional specified work under this Agreement. All such work must be authorized in writing by the CITY's Director of Public Works prior to commencement. CONSUL TANT shall perform such services, and CITY shall pay for such additional services in accordance with CONSUL TANT's Schedule of Hourly Rates within Exhibit "B," which in any case shall meet or exceed prevailing wage rates. The rates in Exhibit "B" shall be in effect through the end of this Agreement. 2.5 Term of Agreement This Agreement shall commence on July 16, 2014 and shall terminate on June 30, 2015 unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification, Hold Harmless, and Duty to Defend (a) Indemnity for Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, 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, Page 2of11 O-52 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, CONSUL TANT 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 CONSULT ANT 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 CONSULT ANT under Section 3.1 shall survive termination of this Agreement. 3.2 General Liability CONSUL TANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars ($2,000,000) general aggregate for bodily injury, death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSUL TANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:Vll or better. 3.3 Professional Liability CONSUL TANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars ($1,000,000) per claim and aggregate for errors and/or omissions of CONSUL TANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in Best's Insurance Guide with a rating of Page 3of11 O-53 A:Vll 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 AM. Best's Insurance Guide with a rating of A:Vll or better. 3.5 Worker's Compensation CONSULT ANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSUL TANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSUL TANT shall provide immediate notice to the CITY if CONSUL TANT 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, CONSULT ANT 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 Page 4of11 O-54 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) This Agreement may be terminated at any time, with or without cause, by the CITY upon thirty (30) days prior written notice or by CONSUL TANT upon ninety (90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.15. (b) In the event of termination or cancellation of this Agreement by CONSUL TANT or CITY, due to no fault or failure of performance by CONSUL TANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, CONSULT ANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSUL TANT for the full performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by 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. Page 5of11 O-55 CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSULT ANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right 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. CONSULT ANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSUL TANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Project, the 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, CONSULTANT 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 ARTICLE 6 GENERAL PROVISIONS The CITY representative shall be the Director of Public Works or his or her designee, and CONSUL TANT shall notify CITY of CONSUL TANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. Page 6of11 O-56 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 The CITY or its representative shall have the option of inspecting, auditing, or inspecting and auditing all records and other written materials used by CONSULT ANT in preparing its billings to the CITY as a condition precedent to any payment to CONSULTANT. CONSULTANT will promptly furnish documents requested by the CITY. Additionally, CONSUL TANT 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. 6.4 Personnel CONSULT ANT 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. CONSUL TANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall CONSULTANT be responsible for its associates and subcontractors' services. 6.5 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, CONSULT ANT 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. 6.6 Conflicts of Interest CONSUL TANT 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 Page 7of11 O-57 interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULT ANT has been retained pursuant to this Agreement. 6. 7 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 th.is Agreement or because of an alleged d.ispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that 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. 6.8 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, CONSUL TANT may use the services of persons and entities not in CONSULT ANT's direct employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSUL TANT's use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance. 6.9 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 the conduct of CONSUL TANT 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 CONSULT ANT wishes except as expressly Page 8of11 O-58 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. CONSUL TANT shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONSUL TANT agrees to pay all required taxes on amounts paid to CONSUL TANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSUL TANT shall fully comply with the workers' compensation law regarding CONSUL TANT and its employees. CONSUL TANT further agrees to indemnify and hold the CITY harmless from any failure of CONSUL TANT 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. 6.10 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.11 Entire Agreement This Agreement, including any other documents incorporated .herein by specific reference, represents the entire and integrated agreement between CITY and CONSULT ANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 6.12 Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.13 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 CONSULT ANT 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. Page 9of11 O-59 6.14 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. 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 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 W. Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSULTANT: Mr. Chuck Stephan, Vice President Sunbeam Solar Technologies, Inc. OBA Sunbeam Consulting 4315 East 1st Street Long Beach, CA 90803 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: ___________ _ Sunbeam Solar Technologies, Inc. OBA Sunbeam Consulting ("CONSULTANT") By: ____________ _ Printed Name: --------- Title: -----------~ By: ____________ _ Printed Name: --------- Page 10of11 O-60 Dated: ----------- ATTEST: By: ___________ _ City Clerk Title: ----------- CITY OF RANCHO PALOS VERDES ("CITY") By:--...,.---------- Mayor APPROVED AS TO FORM: By: ___________ _ City Attorney Page 11 of 11 O-61 Exhibit "A": City's Request For Proposals Exhibit "A" O-62 May 15, 2014 City of Rancho Palos Verdes Request for Proposal for Construction Inspection Services The City of Rancho Palos Verdes requests proposals from selected qualified consulting engineering firms to provide construction inspection services related to the City's FY2013-14 Annual Sidewalk Repair Program. The successful firm will provide Construction Inspection Services for the City's FY2013- 14 Annual Sidewalk Repair Program. The City is particularly looking for proposals from firms with staff having prior experience overseeing PCC sidewalk, driveway, and curb and gutter repair work. To be considered for this project, submit four (4) copies of the proposal to the Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, phone number (310) 544-5252, no later than 5:00 PM, on Thursday, May 29, 2014. The City's budget for the proposed project is roughly $140,000 and will soon be advertised for construction bids. It is the City's desire to begin construction towards the end of June/beginning of July of 2014 and the project is given 40 working days for completion. There are over 100 locations of concrete repair included in this project and they are spread out in various areas throughout the City. The scope of work is defined below. SCOPE OF WORK (a) Inspect work for compliance with specs while work is in progress -part-time inspection is requested ( 4 hours per working day) (b) Prepare Daily Inspection Reports and submit them to the City (c) Attend Weekly Progress Meetings (d) Attend Pre-Construction Meeting ( e) Forward to the City in a timely fashion any resident concerns received O-63 City of Rancho Palos Verdes Request for Construction Inspection Services Proposal FY 13-14 Annual Sidewalk Repair Program 5/15/2014 Page 2 of5 Clerical services and materials to carry out items listed above shall be incorporated into the costs of the appropriate items. FORM OF PROPOSAL The Proposal shall be prepared in a "two sealed envelope" format. The first sealed envelope shall contain the technical proposal and shall include: 1. Qualifications and experience of the key individuals assigned to this contract. 2. Qualifications and experience of the firm 3. Project Approach utilizing the outline of required work as listed above The second envelope shall contain the cost proposal and shall be outlined as indicated below: Item 1 -Inspection Services (a) Inspect work for compliance with specs while work is in progress ( 4 hours per working day) (b) Prepare Daily Inspection Reports and submit them to the City (c) Attend Weekly Progress Meetings (d) Attend Pre-Construction Meeting (e) Forward to the City in a timely fashion any resident concerns received TOTAL $ EVALUATION PROCESS Technical proposals received will be evaluated on the following criteria: 1. Experience of firm in performing this type of service. 2. Relevant experience of individual team members assigned to the project. 3. Understanding of project as demonstrated by the thoroughness of the proposal. 4. References from clients for whom similar work was performed. O-64 City of Rancho Palos Verdes Request for Construction Inspection Services Proposal FY 13-14 Annual Sidewalk Repair Program 5115/2014 Page 3 of5 5. Depth of staff available to perform services. 6. Previous work in RPV performed by the firm. 7. Previous work in RPV performed by members of the proposed team. 8. Interview (if applicable) All questions are to be submitted in writing to City of Rancho Palos Verdes Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Attention: Melissa Countryman. Questions may be submitted via fax to (310) 544-5292 or e-mail to melissac@rpv.com . All questions must be received by 12:00 PM on Tuesday, May 27, 201'4. Responses to written questions will be provided on Wednesday, May 28, 2014. Please note that the responses to this request for proposal are subject to the following conditions: Insurance The City of Rancho Palos Verdes requires the selected firm to have a minimum of $1,000,000.00 of general liability insurance, with $2,000,000.00 aggregate (listing the City as additional insured), a minimum of $1,000,000.00 professional liability insurance, and a minimum of $1,000,000.00 of automobile liability insurance, with $2,000,000.00 aggregate, prior to entering into an agreement with the City. Acceptance of Terms Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in the RFP unless otherwise expressly stated in the proposal. Right of Rejection by the City Not withstanding any other provisions of this RFP, the City reserves the right to reject any and all proposals and to waive any informality in a proposal. Financial Responsibility The proposer understands and agrees that the City shall have no financial responsibility for any costs incurred by the proposer in responding to this RFP. O-65 City of Rancho Palos Verdes Request for Construction Inspection Services Proposal FY 13-14 Annual Sidewalk Repair Program 5/15/2014 Page 4 of5 Interview If successful, the proposer will be invited to participate in an interview. The interview will be a part of the final selection process. Award of Contract The selected firm shall be required to enter into a written contract with the City of Rancho Palos Verdes, in a form approved by the City Attorney, to perform the prescribed work. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the final contract; however, the City reserves the right to further negotiate the terms and conditions of the contract with the selected consultant. The contract will, in any event, include a maximum "fixed cost" to the City of Rancho Palos Verdes. Conferences During the Proposal Preparation Period As of the issuance date of this RFP and continuing until the time for submitting proposal has expired, the City will provide relevant information and access to City facilities and documents as necessary for all proposers to familiarize themselves with the requirements set forth in the RFP. Access to City facilities shall be during normal business hours and will require at least twenty-four (24) hours advance notice. Number of Copies Required The proposer must submit four (4) copies of the proposal. Proposals must be received by the Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, phone number (310) 544-5252, by the deadline indicated in this RFP. O-66 City ofRancho Palos Verdes Request for Construction Inspection Services Proposal FY 13-14 Annual Sidewalk Repair Program 5/15/2014 Page 5 of5 Exhibit A FY 13-14 Annual Sidewalk Repair Program Project Scope Overview Major Project Component Estimated Quantity 4" PCC Sidewalk Repair 14,000 SF 6" PCC Sidewalk Repair (Driveway Approach) 3,000 SF PCC Curb and Gutter Repair, including A.C. curb slot 150 LF O-67 Exhibit "B": Consultant's Proposal and Schedule of Hourly Rates Exhibit "B" O-68 CONSULTING Sunbeam Consulting 4315 E. 1st Street Long Beach, California 90803 . .· . . . . . ·.· · .... · .. " .· ..... : . .. . ·. . . . . . ... May 29, 2014 City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275 Attention: Melissa Countryman RE: Construction Inspection Services for the City of Rancho Palos Verdes FY 2013-2014 Annual Sidewalk Repair Program Dear Mrs. Countryman: Sunbeam Consulting proposes to provide Professional Construction Inspection Services to the City of Rancho Palos Verdes for the Fiscal Year 2013-2014 Annual Sidewalk Repair Program. We appreciate the consideration and opportunity of providing these services to City of Rancho Palos Verdes. The principals of Sunbeam Consulting have decades of experience in civil engineering design, program management, project management, construction management, and inspection of Capital Improvement projects. We are able to assist the City of Rancho Palos Verdes in the required capacity, and draw upon additional resources if needed during the course of the assignment. We propose utilizing Mr. Jim Pugh to provide the professional inspection services for this project. Jim has many years of experience with similar inspection work for the City of Rancho Palos Verdes. 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 Chuck at 310.525.0678. Per the RFP, a fee proposal has been provided in a separately sealed envelope. Chuck Stephan, P.E. Vice President Sunbeam Consulting Project Management 15 Construction Management 13 Civil Engineering Design Tel: 866.714.BEAM ~ Fax: 310.329.1021 ~ www.sunbeamtech.net O-69 CONSULTING C 0 N S U L T NG City of Rancho Palos Verdes Construction Inspection Services for FY2013-14 Annual Sidewalk Repair Program Sunbeam Technologies, Inc., doing business as Sunbeam Consulting, provides civil engineering, capital improvement project management, construction management and inspection services to public agencies and private sectors in addition to our founding energy related services. Sunbeam Technologies, Inc. was established in 2008 to provide engineering design, management, and contracting services to public agencies, business, and private clients. Sunbeam's senior management offers decades of experience on public infrastructure and building projects with Southern California agencies. 0 Civil Engineering Ill Project Management Ill Construction Management & Observation ® Staff Assistance <II NPDES Program implementation © ADA Assessment & Improvements l!l Plan Checking <II 1-lighway & Infrastructure Design @ Storm Drainage & Design q, Signing and Striping Plans © Parking Design & Analysis p A G E 2 O-70 CONSULTING SCOPE OF WORK Project Understanding City of Rancho Palos Verdes Construction Inspection Services for FY2013-14 Annual Sidewalk Repair Program The City of Rancho Palos Verdes plans to construct Portland Cement Concrete (PCC) sidewalk, driveway, and curb and gutter repairs at various locations throughout the City of Rancho Palos Verdes. Construction is expected to begin in late June or early July, with 40 working days allotted to complete the work. The work is spread throughout the City in excess of 100 separate locations, which includes approximately 14,000 square feet of sidewalk, 3,000 square feet of driveway, and 150 linear feet of curb and gutter repairs. Sunbeam Consulting will meet with City staff to review the project scope of work in detail, finalize document formats, and review the project schedule. Sunbeam will review existing City and utility records, and the project plans in detail. We will establish coordination with the Contractor, the City's Project Manager and commence work immediately upon approval. We will attend weekly meetings with the City throughout the duration of the project. Our scope of work will specifically include the following tasks: (a) Inspect work for compliance with specs while work is in progress -part-time inspection is requested (4 hours per working day). We will provide construction inspection services to ensure that the work is in compliance with contract documents. We will proactively examine each work area prior to demolition, to mark the construction limits, take photographs, verify accuracy, assure that the project is including work areas in accordance with the intent of the project, and to note any additional concerns that may be present-Le. utility boxes, tree roots, and survey monuments. Any concerns will be forwarded to the City for disposition. (b) Prepare Daily Inspection Reports and submit them to the City. Daily project reports will be completed in the format required by the City, and transmitted to the City's Project Manager expeditiously. Reports will include daily photographic documentation. (c) Attend Weekly Progress Meetings. Our inspector will attend weekly, and additional project meetings, as required throughout the duration of the project. (d) Attend Pre-Construction Meeting. Our inspector and project manager will attend the Pre- Construction meeting with City staff. (e) Forward to the City in a timely fashion any resident concerns received. We will immediately transmit to the City any and all resident concerns generated during the course of the project. p A G E 3 O-71 CONSULTING PROJECT EXPERIENCE Torrance Boulevard Rehabilitation, T-43/44 Torrance, CA Consultant Cost: Construction Cost: Owner: Completion Date: Construction Manager: Construction Observer: Contact: $81,905 $832,789 City of Torrance July 2011 Derry MacMahon Cris Cole Elizabeth Overstreet City Engineer 310.618.3074 City of Rancho Palos Verdes Construction Inspection Services for FY2013-14 Annual Sidewalk Repair Program The scope of work consisted of the grinding and removal of existing pavement, concrete and asphalt paving, pavement slurry seal, removal and reconstruction of sections of the street, construction of curb and gutter, sidewalks, driveways, ADA ramps, irrigation and landscaping of existing medians, striping and adjustment of utilities and other work. In addition to the above the project involved the removal and replacement of 50,500 SF of residential sidewalks, and the removal and replacement of cross gutters at 9 intersections. Street Improvements & Traffic Signal Upgrades on Crenshaw Blvd & 12oth Street Hawthorne, CA Consultant Cost: Construction Cost: Owner: Completion Date: Contact: Construction Manager: Funding Source: $90,000 $4,693,000 City of Hawthorne January 2011 Mr. Arnold Shadbehr, P.E. Director of Public Works/ City Engineer (949) 768-0731 Derry Mac Mahon HPLUL Construction Management & Inspection Services for the upgrade of traffic signals at the following intersections: Crenshaw Boulevard / 12oth Street, Crenshaw Boulevard. / Jack Northrop Avenue, Crenshaw Boulevard I El Segundo Boulevard, Prairie Avenue I 12oth Street, 12oth Street/ Doty Avenue and 12oth Street/ Van Ness Avenue. In addition to the above work the following sections of street were upgraded: Crenshaw Boulevard between the 105 Freeway and 135th Street and the section of 12oth Street between Prairie Avenue and east of Van Ness Avenue. New raised landscaped medians were P constructed along Crenshaw Boulevard. A G E 4 O-72 CONSULTING City of Rancho Palos Verdes Construction Inspection Services for FY2013-14 Annual Sidewalk Repair Program City Wide Street Improvement Project Hawthorne, CA Construction Cost: Owner: Completion Date: Contact: $2,300,000 City of Hawthorne May 2011 Akbar Farokhi Senior Engineer (310) 349-2983 Construction Manager: Derry MacMahon Construction Inspector: Scott Neumann Funding Source: ESPL Sunbeam staff provided Construction Management and Observation for street and sidewalk rehabilitation at multiple sites in the City of Hawthorne. This project removed and replaced curb ramps, driveways and sidewalk, a grind and overlay with ARHM, new signage and striping and the construction of new landscaped medians. The project area consisted of Rosecrans Boulevard from Crenshaw Blvd to Prairie Ave; Prairie Avenue from the 105 Freeway to El Segundo Blvd; 135th Street from Hawthorne Blvd to Inglewood Blvd. This was a federally funded project. Harbor Boulevard Rehabilitation Project; Harbor Boulevard & La Habra Boulevard Improvement Project La Habra, CA Cost: Owner: Completion Date: Contact: Project/Const Manager: Construction Observer: Construction Observer: Funding Source: $2,400,000 City of La Habra September 2009 Sam Makar Senior Civil Engineer (562) 905-9720 Chuck Stephan, P.E. Mauricio Zeledon, P.E. Nicolas Hsieh, P.E. STPL This federally-funded STPL project rehabilitated one mile of Harbor Blvd from Lambert Rd to Whittier Blvd, and improved the intersection at La Habra Blvd by widening the street and installing additional right and left turn lanes. This project was constructed in conjunction with a Rule 20 utility undergrounding project, and commercial improvements at adjoining properties. Work included storm drain box culvert; storm drains; curb, gutter, sidewalks, driveways; water pipelines, meter and fire hydrant relocations; bore casing under railroad right-of-way; traffic signals; pavement construction and asphalt rubber hot mix overlay. p A G E 5 O-73 CONSULTING Crenshaw Boulevard Improvements Torrance, CA Construction Cost: Consultant Cost: Owner: Completion Date: Contact: Project Manager: Construction Observer: Alt. Const. Observer: Funding: $2,000,000 $92,665 City of Torrance May 2010 Elizabeth Overstreet City Engineer 310.618.3074 Chuck Stephan, P.E. Crispen Cole Don Wren Jr. ARRA City of Rancho Palos Verdes Construction Inspection Services for FY2013-14 Annual Sidewalk Repair Program Sunbeam Staff provided Construction Inspection services for the City of Torrance for street improvements to Crenshaw Blvd from Maricopa Street to Sepulveda Boulevard. Specific improvements include AC pavement reconstruction, repair, and overlay; replacement of damaged curb, gutter, and sidewalks; and construction of ADA curb access ramps. The project will be constructed with, and in compliance with, federal-aid American Recovery and Reinvestment Act (ARRA) of 2009. The scope of work includes daily record keeping and inspection, weekly notes and reports, photographs, change order and Request for Information coordination, DBE/UDBE monitoring, Quality Assurance Program (QAP) implementation, City and utility coordination. Valley Drive and Aviation Blvd Manhattan Beach, CA Consultant Cost (Valley Drive): $3SOK Consultant Cost (Aviation Blvd) $120K Owner: City of Manhattan Beach Start Date: November 2009 Completion Date: March 2010 Contact: Steve Finton, P.E Project Manager: Assistant Project Manager: Construction Observer: City Engineer (310)802-5352 Chuck Stephan, P.E. Christine Kaskara, P.E. Cris Cole Sunbeam Staff provided Construction Engineering and Project Management services for the City of Manhattan Beach for these two projects including rehabilitation of Aviation Boulevard from Marine Avenue to Manhattan Beach Boulevard, and Valley Drive from 15th Street to Sepulveda Boulevard. The worked included asphalt pavement milling and overlay, localized reconstruction, utility adjustments, striping and markings, and other incidental work. Both of these projects were funded with ARRA grants. p A G E 6 O-74 CONSULTING Annual Street Overlay Project 2010 Rancho Palos Verdes, CA Cost: Owner: Completion Date: Contact: Principal-In-Charge: Project Manager: Design Engineer: $1.3 million City of Rancho Palos Verdes 2010 Nicole Jules, P.E. Senior Engineer (310)377-0360 Chuck Stephan, P.E. Chuck Stephan, P.E. Nicolas Hsieh, P.E. Construction Manager: Chuck Stephan, P.E. Construction Observer: Cris Cole, P.E. City of Rancho Palos Verdes Construction Inspection Services for FY2013-14 Annual Sidewalk Repair Program Sunbeam Staff provided project and construction management services for the City of Rancho Palos Verdes 2010 pavement rehabilitation project, which included street repairs consisting of Cape Seal, slurry seal, and reconstruction, ADA improvements, PCC curb, gutter, sidewalk and driveway repairs, signage, and striping. This $1.3 million project rehabilitated 92 residential and collector streets (15 miles). Annual Street Overlay Project 2006 & 2007 Rancho Palos Verdes, CA Cost: Owner: Completion Date: Contact: Principal-In-Charge: Project Manager: Construction Manager: Construction Observer: $1,487,000 City of Rancho Palos Verdes 2006 & 2007 Ron Dragoo, Senior Engineer (310)544-5246 Chuck Stephan, P.E. Alan Braatvedt Derry Mac Mahon Kevin Klaus, P.E. Responsible for contractor coordination, documentation and controls including preliminary notices, invoicing, submittals, certified payrolls, releases, etc. Also conducted and documented regular meetings and dealt with the numerous public relations issues. Closed out the project and filed the Notice of Completion. p A G E 7 O-75 CONSULTING Mccarrell Canyon City of Rancho Palos Verdes Construction Inspection Services for FY2013-14 Annual Sidewalk Repair Program Rancho Palos Verdes, California APWtl Southern California Chapter Project of the Year 2009 -Water &. Wastewater Construction Cost: Owner: Completion Date: Contact: Project Manager: $5,000,000 City of Rancho Palos Verdes April 2010 Ron Dragoo Senior Project Engineer 310.544.5246 Alan Braatvedt This major storm drain project was for the pipeline installation to convey water from the steep Mccarrell Canyon through 3,000-feet of pipeline to the beach in the City of Rancho Palos Verdes. Sunbeam Staff was involved in the development of the concept design, selection of the design engineering firm and managing the project all the way through the design phase. The design was developed into an extremely innovative design with numerous fail- safe components. The main components of the project are: A large intake structure; 500-feet of 54-inch CMP; 2,300-feet of 66-inch steel pipe and a 300-foot slant drain through the bluff to the beach, constructed in a tunneling operation. Arterial Roads Rehabilitation Project Fiscal Vear 2010-2011 Rancho Palos Verdes, California Consultant Cost: Construction Cost: Owner: Completion Date: Project Manager: Design Engineer: Contact: $70,000 $2 million City of Rancho Palos Verdes July 2011 Chuck Stephan, P.E. Chuck Stephan, P.E. Nicolas Hsieh, P.E. Nicole Jules, P.E. Senior Engineer 310.544.5275 Prepared Plans, Specifications and Estimate for the rehabilitation of Palos Verdes (PV) Drive South in the City of Rancho Palos Verdes. PV Drive South is a challenging arterial highway winding along the bluffs of the Palos Verdes peninsula overlooking the Pacific Ocean. The street varies from a fully developed 4 lane divided highway with bicycle path, to a 2 lane highway over unstable creeping subgrade soils. Rehabilitation strategies included selective removal and replacement (R&R) areas, asphalt rubber hot p A G E 8 O-76 CONSULTING City of Rancho Palos Verdes Construction Inspection Services for FY2013-14 Annual Sidewalk Repair Program mix (ARHM) and conventional asphalt overlays, and microsurface application. Work included the relocation and improvement of bus pads and shelters, retaining walls, PCC repairs, striping and markings. A comprehensive traffic sign field review and replacement plan was prepared to bring all traffic signs into uniformity and conformance with MUTCD requirements. Storm Drain Structural Lining CIPP Rehabilitation Project Rancho Palos Verdes, California Construction Cost: Owner: Completion Date: Contact: Project Manager: Construction Inspector: $356,151 City of Rancho Palos Verdes April 2009 Ron Dragoo Senior Project Engineer 310.544.5246 Kevin Klaus Scott Neumann Sunbeam Staff provided Construction Management and Inspection Services for the Strom Drain Structural Lining Project for the City of Rancho Palos Verdes. The scope of work for this project included Video inspection of 5066 LF of storm drain lines; 1712 LF of cleaning in the existing storm drain lines; and installation of structural lining in "'2400 LF of existing storm drain line. The City of Rancho Palos Verdes is highly dependent upon a system of inlets, outlets, and corrugated metal pipes (CMP) to drain the terraced communities of this oceanfront peninsula. This project was part of the City's storm drain rehabilitation project and involved the rehabilitation of numerous CMP storm drains throughout the City. Sunbeam Staff managed the evaluation of the existing system, pipe preparation, and installation of new cured in place pipe materials. This work will extend the life of storm drain lines that were determined to be most deteriorated and at risk of failure. p A G E 9 O-77 CONSULTING City of Rancho Palos Verdes Construction Inspection Services for FY2013-14 Annual Sidewalk Repair Program KEY PERSONNEL JIM PUGH Public Works Inspector Jim has twenty-five years of experience in inspection and maintenance on all phases Public Works projects. Typical work has included the following assignments: • Inspect new curb, gutter and sidewalks • Inspect conventional and AHRM asphalt and overlay • Inspect City wide slurry seal I micro surface • Inspect City wide ARAM (Asphalt Rubberized Aggregate Membrane) • Inspect new storm drain and sewer pipeline installations and outfall structures Entered Profession 1989 Professional Affiliations American Water Works Association (AWWA) The National Utility Contractors Association (NUCA) California Emergency Response Technologies, Inc Slurry seal association Chip Seal association • Inspect large diameter steel mortar lined and coated water pipe • Inspect CIPP and fold and form pipe from 6" to 30" on Sewer and storm drain pipelines. • View and approve pre-lining video arid assess point repairs. View post video to assure quality and to approve job quantities. • Inspect gabion baskets and barrier walls • Inspect slope improvement and stabilization projects • Communicate and work with surrounding Utilities, local agencies and Contractors to insure compliance with City Standards. • Update job specifications and standard detail requirements. • Communicate with City staff on a daily basis, summarize all work performed daily • Prepare job status reports, agendas, approve unit prices from contractors, issue noncompliance and correction notices. • Measure and approve job quantities and pay estimates •Create pavement management and striping data bases and evaluate inventory • Prepare material submittals and transmittals. • Prepare cost proposals • Attend progress meetings with engineers and contractors Principals of hot mix asphalt • Asphalt Institute Utility Inspection Course • Ventura County • 2007 Traffic Control • San Diego, Ca • 2005 Competent Person Training/Trench Shoring • Anaheim, Ca • 2003 Water Distribution 2 • Thousand Oaks, Ca • 2000 Water Technology Training • Alta Loma, Ca • 2000 Tunnel Construction Safety/Confined Space • Woodland Hills, Ca • 1997 Welding and Technology • Simi Valley, Ca • 1993 p A G E 10 O-78 CONSULTING REFERENCES City of Hawthorne 4455 W. 126th St. Hawthorne, CA 90250 Arnie Shadbehr, Public Works Director City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254-3885 Frank Senteno, Public Works Director City of La Habra 201 E. La Habra Blvd La Habra CA 90633-0337 Sam Makar, Senior Civil Engineer City of Manhattan Beach 1400 Highland Avenue Manhattan Beach, CA 90266 Gilbert Gamboa, Senior Civil Engineer City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA Nicole Jules, Senior Engineer City of Rancho Palos Verdes Construction Inspection Services for FY2013-14 Annual Sidewalk Repair Program {310) 349-2985 {310) 318-0238 {562) 905-9720 {310) 802-5352 {310)377-0360 p A G E 11 O-79 C 0 N S U L T I N G Sunbeam Consulting City of Rancho Palos Verdes Request for Proposal for Construction Inspection Services FY2013-14 Annual Sidewalk Repair Program Fee Proposal Item Amount Item 1 -Inspection Services (a) Inspect work for compliance with $16,800.00 specs while work is in progress (4 hours per working day) (b) Prepare Daily Inspection Reports $4,200.00 and submit them to the City (c) Attend Weekly Progress $840.00 Meetings (d) Attend Pre-Construction Meeting $420.00 (e) Forward to the City in a timely $1,050.00 fashion any resident concerns received TOTAL $23,310.00 4315 E 1st Street Long Beach, California 90803 www.sunbeamtech.net Project Management "' Construction Management ® Civil Engineering Design 1 O-80 Exhibit "C": TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1 . Consultant acknowledges that the project as defined in this Agreement between Consultant and the 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 "). Further, Consultant acknowledges 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: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 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 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 Exhibit "C" O-81 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 "C" O-82