RPVCCA_CC_SR_2011_11_15_G_Contract_Pedestrian_Crossing_ProjectCITY OF
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
HONORABLE MAYOR &CITY COUNCIL MEMB
TOM ODOM,DIRECTOR OF PUBLIC WORK
NOVEMBER 15,2011
AWARD CONSTRUCTION AND CONSTRUCTION
MANAGEMENT/INSPECTION SERVICES CONTRACTS
FOR THE CREST ROAD AT WHITLEY COLLINS DRIVE
PEDESTRIAN CROSSING PROJECT
REVIEWED:CAROLYN LEHR,CITY MANAGER CS2---
Project Manager:Nicole Jules,Senior Engineer --r '6
RECOMMENDATIONS
1)Approve the construction plans and contract documents on file at the Public Works
Department for the Crest Road at Whitley Collins Drive Pedestrian Crossing
Project;
2)Award a construction contract to Traffic Development Services in the amount of
$41 ,244 for the project;
3)Award a professional services contract to Willdan Engineering in the amount of
$16,160 for project construction management and inspection services;
4)Authorize staff to utilize an additional 10%($5,740.40)for contingency;and
5)Authorize the Mayor and City Clerk to execute the agreements.
BACKGROUND
In November 2009,staff received a request from a resident to implement several traffic
improvements in the area near Ridgecrest Intermediate School.Of greatest importance
was the request to install traffic controls at the intersection of Crest Road at Whitley
Collins Drive.The Traffic Safety Commission,after 3 meetings,supported staff's
recommendation to install a high visibility crosswalk,pedestrian-activated flashing beacon
and high visibility advanced pedestrian crossing signs at the intersection of Crest Road
and Whitley Collins.
On September 21 ,2010 City Council adopted Resolution No.2010-84 establishing traffic
controls on Crest Road at Whitley Collins Drive and authorized staff to proceed with
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design of a pedestrian-activated control system.Engineering plans and specifications
were developed by Willdan Engineering for public advertising and bidding.
DISCUSSION
The project scope includes installation of a Caltrans approved pedestrian-activated flashing
beacon system powered by solar technology and complete with rapid-flash signal indication.
High visibility crosswalks and advanced pedestrian crossing signs will also be installed.
Construction Contract
The project was publicly advertised and sealed bids were received and opened on October
18,2011.Traffic Development Services submitted the lowest responsive bid out of the 4
bids recei,ved.The following table summarizes the bids received:
BID SUMMARY
Construction Companies Bid Amount
Traffic Development Services $41,244.00
JFL Electric,Inc.$43,646.40
Freeway Electric,Inc.$45,670.00
Steiny &Company,Inc.$48,310.00
Staff has verified Traffic Development Services'references and found their past
performance on jobs of similar size and scope to be satisfactory.Traffic Development
Services has completed several projects recently including traffic-related improvements
for the cities of Santa Monica,Rialto and Caltrans.Traffic Development Services'bid
documents,bonds,and insurance certificates are in order and their contractor's license is
current.
Construction Management and Inspection
Construction management and inspection services are needed to ensure compliance with
project specifications and plans.Staff solicited proposals from three firms to provide
construction management and inspection services.Proposals were received from
CBM/KOA,Harris &Associates and Willdan Engineering.Staff chose to utilize the services
of Willdan Engineering based on Willdan's relevant experience.A professional service
contract in the amount of $16,160 is recommended for award based on Willdan's
qualifications,service history and professional experience.
The budget appropriation for this project is $80,000 in the Traffic Management program.
ALTERNATIVE
The alternative is to reject all bids and re-advertise the construction project.This alternative
could take approximately two months to complete and may result in an increase in bids.
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FISCAL IMPACT
The recommended action will result in a total project authorized expenditure of $63,144.40.
Funding for the project is included in the Traffic Management Program of the FY11-12
budget.
Attachments:Project Plan
Traffic Development Services Construction Contract
Willdan Engineering Professional Services Agreement
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APPROVED:
---...-
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CONSTRUCTION NOTES
OJ INSTAll."sPOT O£VICES"OR APPROVED EOUAl.WIRELESS SOI..AA POWERED CONTROllER ASSEMBLY
FOR FlASHINO BEACON SYSTEM COUPL£TE WITH PEDESTRIAN PUSH BUTTON ACTUATED RE-S£1TABLE
A/)JusrABlE TIMER IN HEWA 4W ENClOSURE.ENClOSURE SfW..J.BE MOUNTEO ON POl.£AWAY
FROU ON COMING TIWFIC PER UANUFACTURER SP£CIFICATIONS.m INSTALl.TYPE 8 PEOESTRLMI PUSH BlJTTON (2"BUTTON)AHD R62E(IolOO)(CA)PLATE WITH
FlASHING LE.O:S.SEE DETAIL THIS SHEET.rn tNST,&L1,12"YELLOW lADDER CROSSWALK -24-l.ADDER 8o\R WITH 24"GN'.
[IJ INSTAlL YELLOW PAVEMENT LEGENO AS SliOWN.rn INSTAlL SlCNjPosr AS SHOWN.SEE MN~WARNING SIGN DETAIL
[!J TRIM OR ROolOVETREE AS OlRECTEDBVTHE ENGIHttR.m IIDiOVE AND SALVAGE:SIGNS AND POST.I!J INSTAll PRE-FABRICATED TACTR..E 0ETECTABl£WARNING SURfACE TILE ON
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s---1 SHT.or SHTS.1PLAN NO.
CITY OF RANCHO PALOS VERDES
FOR
CREST ROAD AND WHITLEY COLLINS DRIVE
CHECKED:
ORAWN---eY;
DESIGNED BY:
1oPP.IDATE
REVlSIONS
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PlANS PREPAR£O BY:
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WHITLEY COLLINS DR
GENERAL NOTES
1.TRAFFIC SlCNALS.SlGNING AND STRIPING AND THE INSTAll.ATlOU THEREOf"SHALl CONfORM TO CALTRANS STANIWW PlANS
AND SPECIf1CATlONS,DArm IAAY 2006.AND THE CAlIfORNIA I.W'WAL ON UNIfORM TRAFFIC CONTROL Dt\'lC£S (CAl..lFORtM
MUTCO)2010 EOIllON.
2.mE CONTRACTOR SHALl EXERCISE EXTREME CARE IN LOCATING .-u.SUBSTRUCTURES PRIOR TO COHS1RVCTJON.l-w.IO 0lG
fOUNDATIONS UNTIL C!.EAA Of OBSTR\JC'TIONS.COORDINATE POLE lHSTAllAT10NS WITH OVERHEAD UTIUTY OR SUBSTRUCTURE
OWNERS.CONTACT UNDERGROUND sEIrlllCE .AlERT AT (BOO)422-42JJ,4B HOURS PRIOR TO CONS1RUCTIOH.
J.OBTAIN APPROVAL FOR EXACT SIGNAl.EQlJIPUEHT lOCATIONS WITH mE ENGINEER IN THE FI£t.D PRIOR TO f'1NAL PLN::OIENT.
4.CROSSWALK DIMENSIONS ARE MEAStJRED INSIDE TO INSIDE.PREUMINARY CROSSWAU<LAYOUT SHAlL &E PERFORMED PRIOR
TO FINAL PlACOIENT Of POLES,PER THE ENGIN£E1l IN THE FIELD.POLES SHALl BE lOCATED NO UORE THAN 5'FROM
SACK OF THE CROSSWALK.
S.FlASHjNO BEACON SHALl BE WIRELESS AND SOlAR POWERED PER -sPOT DEVICES"UAHUFACTURER SP&:IflCATIONS NIO AS
SHOWN ON PlAN.
6.BEACONS SHALL BE 12"LEO YELLOw.
7.All.STRIPING DETAILS,PAVEMENT MARKINGS,AND CROSSWAU<S SHAlL BE THE'RUOPl.JSTIC.
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CITY OF RANCHO PALOS VERDES AGREEMENT FOR
CREST ROAD AT WHITLEY COLLINS DRIVE
PEDESTRIAN CROSSING
THIS AGREEMENT (the "Agreement")is made and entered this 15th day of November 2011,by and
between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City,"and
Traffic Development Services,hereinafter referred to as "Contractor."
In consideration of the mutual covenants hereinafter set forth,the parties hereto agree as follows:
1.Scope of Services.Contractor shall perform the work and provide all labor,materials,equipment
and services in a good and workmanlike manner for the project identified as CREST ROAD AT
WHITLEY COLLINS DRNE PEDESTRIAN CROSSING ("Project"),as described in this
Agreement and in the Bid Documents (including the Notice Inviting Sealed Bids,the Instructions
to Bidders,the Proposal,the General Provisions,the Special Provisions,the Technical Provisions,
and all addenda as prepared prior to the date of bid opening setting forth any modifications or
interpretations of any said documents),which are available at the Public Works Department and
are incorporated herein by this reference,including miscellaneous appurtenant work.All work
shatl be performed in accordance with the latest edition of the Standard Specifications for Public
Works Construction (commonly known as the "Greenbook"),including supplements,prepared
and promulgated by the Southern California Chapter of the American Public Works Association
and the Associated General Contractors of California (collectively "Standard Specifications"),
which is incorporated herein by this reference.In the event of any conflict between the terms of
this Agreement and incorporated documents,the terms of this Agreement shall control.
2.Effective Date.This Agreement is effective as of the date listed above,and shall remain in full
force and effect until Contractor has rendered the services required by this Agreement.
3.Time.Time is ofthe essence in this Agreement.
4.Force Majeure.Neither the City nor Contractor shall be responsible for delays in performance
under this Agreement due to causes beyond its control,including but not limited to acts of God,
acts ofthe public enemy,acts of the Government,fires,floods or other casualty,epidemics,
earthquakes,labor stoppages or slowdowns,freight embargoes,unusually severe weather,and
supplier delays due to such causes.Neither economic nor market conditions nor the fmancial
condition of either party shall be considered a cause to excuse delay pursuant to this Section.
Each party shall notify the other promptly in writing of each such excusable delay,its cause and
its expected delay,and shall upon request update such notice.
5.Compensation.In consideration of the services rendered hereunder,City shall pay Contractor a
not to exceed amount of Forty One Thousand Two Hundred Forty Four dollars ($41,244.00)in
accordance with the prices as submitted in Contractor's Proposal,attached hereto as Exhibit "A"
and incorporated herein by this reference.
6.Payments.City shall make payments within thirty (30)days after receipt of an undisputed and
properly submitted payment request from Contractor.City shall return to Contractor any payment
request determined not to be a proper payment request as soon as practicable,but not later than
seven (7)days after receipt,and shall explain in writing the reasons why the payment request is
not proper.
A payment shall be made as the City Council of the City prescribes upon estimates approved by
the City Council.However,progress payments shall not be made in excess of ninety-five percent
,(95%)of the percentage of actual work completed plus a like percentage of the value of material
delivered on the ground or stored subject to,or under the control of,the City,and unused.The
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City shall withhold not less than five percent (5%)of the Agreement price until fmal completion
and acceptance of the Project.However,at any time after fifty percent (50%)of the work has
been completed,if the City Council of the City finds that satisfactory progress is being made,it
may,at its discretion,make any of the remaining progress payments in full for actual work
completed.
7.Substitute Security.
a.At the written request and expense of Contractor,securities equivalent to any moneys
withheld by the City to ensure performance under this Agreement shall be deposited with
the City,or with a state or federally chartered bank in the State of California as the
escrow agent,that shall then pay those moneys to Contractor.Upon satisfactory
completion ofthe Agreement,the securities shall be returned to Contractor.
b.Alternatively,Contractor may request that the City shall make payment of retentions
earned directly to the escrow agent at the expense of Contractor.At the expense of
Contractor,Contractor may direct the investment of the payments into securities,and
Contractor shall receive the interest earned on the investments upon the same terms
provided for securities deposited by Contractor.Upon satisfactory completion of the
Agreement,Contractor shall receive from the escrow agent all securities,interest,and
payments received by the escrow agent from the City,pursuant to the terms of this
Section.
c.Securities eligible for investment shall include those listed in California Government
Code Section 16430,bank or savings and loan certificates of deposit,interest-bearing
demand deposit accounts,standby letters of credit,or any other security to which
Contractor and the City mutually agree in writing.Contractor shall be the beneficial
owner of any securities substituted for moneys withheld and shall receive any interest
thereon.
d.If Contractor elects to receive interest on moneys withheld in retention by the City,it
shall,at the request of any subcontractor performing more than five percent (5%)of
Contractor's total bid,make that option available to the subcontractor regarding any
moneys withheld in retention by Contractor from the subcontractor.Further mandatory
details are provided in Public Contract Code Section 22300(d),which is incorporated
herein by this reference.
e.The escrow agreement for security deposits in lieu of retention shall be substantially
similar to the form provided in Public Contract Code Section 22300(f),which is
incorporated herein by this reference.
8.Taxes.Contractor shall calculate payment for all sales,unemployment,old age pension and other
taxes imposed by local,State of California and federal law.These payments are included in the
total amounts in Exhibit "A."
9.Audit.The City or its representative shall have the option of inspecting and/or auditing all records
and other written materials used by Contractor in preparing its billings to the City as a condition
precedent to any payment to Contractor.Contractor will promptly furnish documents requested
by the City.Additionally,Contractor shall be subject to State Auditor examination and audit at
the request of the City or as part of any audit of the City,for a period of three (3)years after final
payment under this Agreement.
10.Unresolved Disputes.In the event that a dispute arises between the City and Contractor regarding
whether the conditions materially differ,involve hazardous waste,or cause a decrease or increase
'in Contractor's cost of or time required for performance of any part ofthe work,Contractor shall
not be excused from any scheduled completion date provided for by the Agreement,but shall
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proceed with all work to be performed under the Agreement.Contractor shall retain any and all
rights provided that pertain to the resolution of disputes and protests between the parties.In the
event of any dispute or controversy with the City over any matter whatsoever,Contractor shall
not cause any delay or cessation in or of work,but shall proceed with the performance of the
work in dispute.This includes disputed time extension requests and prices for changes.The
disputed work will be categorized as an "unresolved dispute"and payment,if any,shall be as
later determined by mutual agreement or a court of law.Contractor shall keep accurate,detailed
records of all disputed work,claims and other disputed matters.Public Contract Code Sections
20104 et seq.and Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City")
shall govern the procedures of the claim process,and these provisions are incorporated herein by
this reference.
11.Termination.This Agreement may be canceled by the City at any time with or without cause
without penalty upon thirty (30)days'written notice.In the event of termination without fault of
Contractor,City shall pay Contractor for all services satisfactorily rendered prior to date of
termination,and such payment shall be in full satisfaction of all services rendered hereunder.
12.Incorporation by Reference.All of the following documents are attached hereto and incorporated
hetein by this reference:City of Rancho Palos Verdes Instructions for Execution of Instruments;
Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract;Workers'
Compensation Certificate of Insurance;Indemnification and Hold Harmless Agreement and
Waiver of Subrogation and Contribution;Additional Insured Endorsement (Comprehensive
General Liability);Additional Insured Endorsement (Automobile Liability);and Additional
Insured Endorsement (Excess Liability).
13.Antitrust Claims.Contractor offers and agrees to assign to the City all rights,title,and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.Sec.15)or
under the Cartwright Act (Chapter 2 (commencing with Section 16700)of Part 2 of Division 7 of
the California Business and Professions Code)arising from purchases of goods,services,or
materials pursuant to the Agreement.This assignment shall be made and become effective at the
time the City tenders fmal payment to Contractor without further acknowledgment by the parties.
14.Utilities.The City acknowledges its responsibilities under Government Code section 4215 and
incorporates that section herein by this reference.
15.Location of Existing Elements.In addition to the requirements in the Bid Documents,the
methods used and costs involved to locate existing elements,points of connection and all
construction methods are Contractor's sole responsibility.Accuracy of information furnished,as
to existing conditions,is not guaranteed by the City.Contractor,at its sole expense,must make all
investigations necessary to determine locations of existing elements,which may include,without
limitation,contacting U.S.A.Alert and other private underground locating fumes),utilizing
specialized locating equipment and/or hand trenching.
16.Independent Contractor.Contractor is and shall at all times remain,as to the City,a wholly
independent contractor.Neither the City nor any of its agents shall have control over the conduct
of Contractor or any of the Contractor's employees,except as herein set forth,and Contractor is
free to dispose of all portions of its time and activities which it is not obligated to devote to the
City in such a manner and to such persons,fums,or corporations at the Contractor wishes except
as expressly provided in this Agreement.Contractor shall have no power to incur any debt,
obligation,or liability on behalf of the City,bind the City in any manner,or otherwise act on
behalf of the City as an agent.Contractor shall not,at any time or in any manner,represent that it
or any of its agents,servants or employees,are in any manner agents,servants or employees of
,City.Contractor agrees to pay all required taxes on amounts paid to Contractor under this
Agreement,and to indemnify and hold the City harmless from any and all taxes,assessments,.
penalties,and interest asserted against the City by reason of the independent contractor
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relationship created by this Agreement.Contractor shall fully comply with the workers'
compensation law regarding Contractor and its employees.Contractor further agrees to
indemnify and hold the City harmless from any failure of Contractor to comply with applicable
workers'compensation laws.The City shall have the right to offset against the amount of any
compensation due to Contractor under this Agreement any amount due to the City from
Contractor as a result of its failure to promptly pay to the City any reimbursement or
indemnification arising under this Section.
17.Prevailing Wages.City and Contractor acknowledge that this project is a public work to which
prevailing wages apply.The Agreement to Comply with California Labor Law Requirements is
attached hereto and incorporated herein by this reference.Eight hours of labor constitutes a legal
day's work.
18.Workers'Compensation Insurance.California Labor Code Sections 1860 and 3700 provide that
every contractor will be required to secure the payment of compensation to its employees.In
accordance with the provisions of California Labor Code Section 1861,the Contractor hereby
certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers'compensation or to under take self-
insurance in accordance with the provisions of that code,and I will comply with such
provisions before commencing the performance of the work ofthis contract."
19.Nondiscriminatory Employment.Contractor shall not unlawfully discriminate against any
individual based on race,color,religion,nationality,gender,sex,sexual orientation,age or
condition of disability.Contractor understands and agrees that it is bound by and will comply
with the nondiscrimination mandates of all statutes and local ordinances and regulations.
20.Debarred,Suspended or Ineligible Contractors.Contractor shall not be debarred throughout the
duration of this Agreement.Contractor shall not perform work with debarred subcontractor
pursuant to California Labor Code Section 1777.1 or 1777.7.
21.Compliance with Laws.Contractor shall comply with all applicable federal,state and local laws,
ordinances,codes and regulations in force at the time Contractor performs pursuant to this
Agreement.
22.Bonds.Contractor shall obtain faithful performance and payment bonds as required by law,and
nothing in this Agreement shall be read to excuse this requirement.The required forms entitled
Payment Bond (Labor and Materials)and Performance Bond are attached hereto and incorporated
herein by this reference.
23.Contractor's Representations.Contractor represents,covenants and agrees that:a)Contractor is
licensed,qualified,and capable of furnishing the labor,materials,and expertise necessary to
perform the services in accordance with the terms and conditions set forth in this Agreement;b)
there are no obligations,commitments,or impediments of any kind that will limit or prevent its
full performance under this Agreement;c)there is no litigation pending against Contractor,and
Contractor is not the subject of any criminal investigation or proceeding;and d)to Contractor's
actual knowledge,neither Contractor nor its personnel have been convicted of a felony.
24.Conflicts of Interest.Contractor agrees not to accept any employment or representation during the
term of this Agreement or within twelve (12)months after completion of the work under this
Agreement which is or may likely make Contractor "financially interested,"as provided in
Government Code Section 1090 and 87100,in any decisions made by City on any matter in
,connection with which Contractor has been retained pursuant to this Agreement.
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25.Third Party Claims.City shall have full authority to compromise or otherwise settle any claim
relating to the Agreement at any time.City shall timely notify Contractor of the receipt of any
third-party claim,relating to the Agreement.City shall be entitled to recover its reasonable costs
incurred in providing this notice.
26.Applicable Law.The validity,interpretation,and performance of this Agreement shall be
controlled by and construed under the laws of the State of California,excluding California's
choice of law rules.Venue for any such action relating to this Agreement shall be in the Los
Angeles County Superior Court.
27.Attorneys'Fees.If any legal action or other proceeding,including action for declaratory relief,is
brought for the enforcement of this Agreement or because of an alleged dispute,breach,default
or misrepresentation in connection with this Agreement,the prevailing party shall be entitled to
recover reasonable attorneys'fees,experts'fees,and other costs,in addition to any other relief to
which the party may be entitled.
28.Titles.The titles used in this Agreement are for convenience only and shall in no way define,
limit or describe the scope or intent of this Agreement or any part of it.
29.Authority.The person executing this Agreement on behalf of Contractor warrants and represents
that he or she has the authority to execute this Agreement on behalf of Contractor and has the
authority to bind Contractor to the performance of its obligations hereunder.
30.Entire Agreement.This Agreement,including any other documents incorporated herein by
specific reference,represents the entire and integrated agreement between City and Contractor.
This Agreement supersedes all prior oral or written negotiations,representations or agreements.
This Agreement may not be modified or amended,nor any provision or breach waived,except in
a writing signed by both parties which expressly refers to this Agreement.
31.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 ofthe Agreement.
32.Non-waiver of Terms,Rights and Remedies.Waiver by either party of anyone or more of the
conditions of performance under this Agreement shall not be a waiver of any other condition of
performance under this Agreement.In no event shall the making by the City of any payment to
Consultant constitute or be construed as a waiver by the City of any breach of covenant,or any
default which may then exist on the part of Consultant,and the making of any such payment by
the City shall in no way impair or prejudice any right or remedy available to the City with regard
to such breach or default.
33.Notice.Except as otherwise required by law,any notice or other communication authorized or
required by this Agreement shall be in writing and shall be deemed received on (a)the day of
delivery if delivered by hand or overnight courier service during Contractor's or City's regular
business hours or (b)on the third business day following deposit in the United States mail,
postage prepaid,to the addresses listed below,or at such other address as one party may notify
the other:
To CITY:
Mr.Tom Odom,Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
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To CONTRACTOR:
The address listed in Exhibit "A."
34.Counterparts.This Agreement may be executed in counterpart originals,duplicate originals,or
both,each of which is deemed to be an original for all purposes.
35.Severability.If any term or portion of this Agreement is held to be invalid,illegal,or otherwise
unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement
shall continue in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first
above written.
CITY OF RANCHO PALOS VERDES
By:_
Mayor
ATTEST:
By:_
City Clerk
CONTRACTOR:
By:_
Printed Name:_
Date:_
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CITY OF RANCHO PALOS VERDES
INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS
THIS IS INSTRUCTION ONLY -IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH
THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF
RANCHO PALOS VERDES -IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT
DOCUMENTS.
1.By an Individual.The individual must sign the instrument,and if he/she is doing business under
a fictitious name,the fictitious name must be set forth.The signature must be acknowledged
before a Notary Public,using the proper form of acknowledgment.
2.By a Partnership.The name of the partnership must be set forth followed by the signatures of
less than all of the partners will be acceptable only if submitted with evidence of authority to act
on behalf of the partnership.The signatures must be acknowledged before a Notary Public,using
the-proper form of acknowledgment.
3.By a Corporation.The name of the corporation must be set forth,followed by the signatures of
the President or Vice President and Secretary or Assistant Secretary.The signatures must be
acknowledged before a Notary Public,using in substance the following form of acknowledgment.
4.By a Surety.The name of the surety must be set forth,followed by an authorized signature.The
signatures must be acknowledged before a Notary Public, using the proper form of
acknowledgment.
STATEOF )
)ss.
COUNTY OF -.I)
On ,20__,before me,the undersigned,appeared _
known to me to be the President or Vice President and known to be to be the Secretary or Assistant
Secretary of the corporation that executed the within instrument,and acknowledged to me that such
corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council.
WITNESS my signature and seal.
Notary Public
(Seal)
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INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES
PUBLIC WORKS CONTRACT
The Contractor shall at all time during the term of this Agreement carry,maintain,and keep in full force
and effect,with an insurance company admitted to do business in California and approved by the City (1)
a policy or policies of broad-form comprehensive general liability insurance with minimum limits of
$5,000,000.00 combined single limit coverage against any injury,death,lose,or damage as a result of
wrongful or negligent acts by the Contractor,its officers,employees,agents,and independent contractors
in performance of services under this Agreement;(2)property damage insurance with a minimum limit of
$1,000,000.00;(3)automotive liability insurance with a minimum combined single limits coverage of
$5,000,000.00;and (4)workers'compensation insurance with a minimum limit of $1,000,000.00 or the
amount required by law,whichever is greater.The City,its officers,employees,attorneys,and volunteers
shall be named as additional insured on the policy(ies)as to comprehensive general liability,property
damage,and workers'compensation coverages.
1.Acceptable insurance coverage shall be placed with carriers admitted to write insurance
in California,or carriers with a rating of,or equivalent to,A:vn by A.M.Best &
Company.Any deviation from this rule shall require specific approval,in writing,from
the City.
2.All insurance policies shall provide that the insurance coverage shall not be non-renewed,
canceled,reduced,or otherwise modified (except through addition of additional insured
to the policy)by the insurance carrier without the insurance carrier giving the City thirty
(30)days prior written notice thereof.The Contractor agrees that it will not cancel,
reduce or otherwise modifY said insurance coverage.
3.The Contractor agrees that if it does not keep the aforesaid insurance in full force and
effect,and such insurance is available at a reasonable cost,the City may take out the
necessary insurance and pay the premium thereon,and the repayment thereof shall be
deemed an obligation of the Contractor and the cost of such insurance may be deducted,
at the option ofthe City,from payments due the Contractor.
4.The Contractor shall submit to the City (1)insurance certificates indicating compliance
with the minimum workers'compensation insurance requirements above,and (2)
insurance policy endorsements above,not less than one (1)day prior to beginning of
performance under this Agreement.Endorsements must be executed on the City's
appropriate standard forms entitled "Additional Insured Endorsement,"copies of which
are attached hereto.
R6876.000 1\1382688v2
C-8 G-12
Bond No._
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the _
("Public Agency"),has awarded to _
(Name and address ofContractor)
("Principal"),a contract (the "Contract")for the work described as follows:CREST ROAD AT
WHITLEY COLLINS DRIVE PEDESTRIAN CROSSING
WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law.
NOW,THEREFORE,we,the undersigned Principal,and _
(Name and address ofSurety)
("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 one hundred
percent (100%)of the total contract price,in lawful money of the United States of America,for the
payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,
successors,and assigns,jointly and severally,fIrmly by these presents.
THE CONDITION OF TillS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her
or its heirs,executors,administrators,successors or assigns,or subcontractors shall fail to pay any of the
persons named in Section 3181 of the California Civil Code,or any amounts due under the
Unemployment Insurance Code with respect to work or labor performed under the Contract,or for any
amounts required to be deducted,withheld,and paid over to the Employment Development Department
from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code,with respect to work or labor performed under the Contract,the Surety
will pay for the same in an amount not exceeding the penal sum specifIed in this bond;otherwise,this
obligation shall become null and void.
This bond shall inure to the benefIt of any of the persons named in Section 3181 of the California Civil
Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond.In
case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fIxed by the court.
Further,the Surety,for value received,hereby stipulates and agrees that no change,extension of time,
alteration,addition or modifIcation to the terms of the Contract,or of the work to be performed
thereunder,or the specifIcations for the same,shall in any way affect its obligations under this bond,and
it does hereby waive notice of any such change,extension of time,alteration,addition,or modifIcation to
the terms of the Contract or to the work or to the specifIcations thereunder.Surety hereby waives the
provisions of California Civil Code'2845 and 2849.
R6876.0001\1382688v2
C-9
G-13
IN WITNESS WHEREOF,two (2)identical counterparts of this instrument,each of which shall for all
purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set
forth below,the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s)pursuant to authority of its governing body.
Dated:_
"Principal"
By:_
Its
By:_
Its
(Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:_
Insurance Administrator
"Surety"
By:_
Its
By:_
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS,WATSON &GERSHON
A Professional Corporation
By:_
Public Agency Attorney
Note:This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any
person signing as attorney-in-fact must be attached.
R6876.000 1\1382688v2
C-IO G-14
Bond No._
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the _
("Public Agency"),has awarded to _
(Name and address o/Contractor)
("Principal"),a contract (the "Contract")for the work described as follows:CREST ROAD AT
WHITLEY COLLINS DRIVE PEDESTRIAN CROSSING
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 o/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,executors,administrators,successors,and
assigns,jointly and severally,firmly by these presents.
THE CONDITION OF THlS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her
or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and
well and truly keep and perform all the undertakings,terms,covenants,conditions and agreements in the
Contract and any alteration thereof made as therein provided,on the Principal's part to be kept and
performed,all within the time and in the manner therein specified,and in all respects according to their
true intent and meaning,and shall indemnify and hold harmless the Public Agency,its officers,agents,
and others as therein provided,then this obligation shall become null and void;otherwise,it shall be and
remain in full force and effect.
In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable
attorneys'fees in an amount fixed by the court.
FURTHER,the Surety,for value received,hereby stipulates and agrees that no change,extension of time,
alteration,addition or modification to the terms of the Contract,or of the work to be performed
thereunder,or the specifications for the same,shall in any way affect its obligations under this bond,and
it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to
the terms of the Contract or to the work or to the specifications thereunder.Surety hereby waives the
provisions of California Civil Code '2845 and 2849.The City is the principal beneficiary of this bond
and has all rights of a party hereto.
R6876.0001\1382688v2
C-ll
G-15
IN WITNESS WHEREOF,two (2)identical counterparts of this instrument,each of which shall for all
purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set
forth below,the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s)pursuant to authority of its governing body.
Dated:_
"Principal"
By:_
Its
By:_
Its
(Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:_
Insurance Administrator
"Surety"
By:_
Its
By:_
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS,WATSON &GERSHON
A Professional Corporation
By:_
Public Agency Attorney
Note:This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any
person signing as attorney-in-fact must be attached
R6876.0001\1382688v2
C-12
G-16
WORKERS'COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS,the City of Rancho Palos Verdes has required certain insurance to be provided by:
NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy
or policies described below to the following named insureds and that the same are in force at this time:
1.This certificate is issued to:
City of Rancho Palos Verdes
City 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 ofthe named insureds as follows:
Policy Number Effective Date Expiration Date
4.Said policy or policies shall not be canceled,nor shall there be any reduction in coverage or limits
of liability,unless and until thirty days'written notice thereof has been served upon the City Clerk
of the City of Rancho Palos Verdes
By:_
Its Authorized Representative
R6876.0001 \1382688v2
C-13
G-17
AGREEMENTTOCOMPLY~TH
CALIFORNIA LABOR LAW REQillREMENTS
[Labor Code 1720,1773.8,1775,1776,1777.5,1813,1860,1861,3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
following provisions of California law:
1.Contractor acknowledges that this contract is subject to the provisions of Division 2,Part 7,
Chapter 1 (commencing with Section 1720)of the California Labor Code relating to public works
and the awarding public agency ("Agency")and agrees to be bound by all the provisions thereof
as though set forth in full herein.
2.Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the
work to the extent required by law.
3.Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and
177.5 concerning the payment of prevailing rates of wages to workers and the penalties for failure
to pay prevailing wages.The Contractor shall,as a penalty to the Agency,forfeit not more than
fifty dollars ($50)for each calendar day,or portion thereof,for each worker paid less than the
prevailing rates as determined by the Director of Industrial Relations for the work or craft in
which the worker is employed for any public work done under the contract by Contractor or by
any subcontractor.
4.Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to (l)keep accurate payroll records,(2)certify and
make such payroll records available for inspection as provided by Section 1776,and (3)inform
the Agency of the location of the records.The Contractor is responsible for compliance with
Section 1776 by itself and all of its subcontractors.
5.Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects,and further agrees that
Contractor is responsible for compliance with Section 1777.5 by itself and all of its
subcontractors.
6.Contractor agrees to comply with the provlSlons of California Labor Code Section 1813
concerning penalties for workers who work excess hours.The Contractor shall,as a penalty to
the Agency,forfeit twenty-five dollars ($25)for each worker employed in the execution of the
contract by the Contractor or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than 8 hours in anyone calendar day and 40 hours
in anyone calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3
of the California Labor Code.
7.California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees.In accordance with the provisions of
California Labor Code Section 1861,Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers'compensation or to
undertake self-insurance in accordance with the provisions of that code,and I
will comply with such provisions before commencing the performance of the
work of this contract."
Date _
R6876.000 1\1382688v2
Signature _
C-14 G-18
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract!Agreement/License/Permit No.or description:_
Indemnitor(s)(list all names):
To the fullest extent pennitted by law,Indemnitor hereby agrees,at its sole cost and expense,to
defend,protect,indemnify,and hold hannless the City of Rancho Palos Verdes and its elected
officials,officers,attorneys,agents,employees,volunteers,successors,and assigns (collectively
"Indemnitees")from and against any and all damages,costs,expenses,liabilities,claims,demands,
causes of action,proceedings,expenses,judgments,penalties,liens,and losses of any nature whatsoever,
including fees of accountants,attorneys,or other professionals and all costs associated therewith
(collectively "Liabilities"),arising or claimed to arise,directly or indirectly,out of,in connection with,
resulting from,or related to any act,failure to act,error,or omission of Indemnitor or any of its officers,
agents,servants,employees,subcontractors,materialmen,suppliers or their officers,agents,servants or
employees,arising or claimed to arise,directly or indirectly,out of,in connection with,resulting from,or
related to the above-referenced contract,agreement,license,or permit (the "Agreement")or the
performance or failure to perform any term,provision,covenant,or condition of the Agreement,including
this indemnity provision.This indemnity provision is effective regardless of any prior,concurrent,or
subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees
against any such negligence.This indemnity provision shall survive the termination of the Agreement
and is in addition to any other rights or remedies which Indemnitees may have under the law.Payment is
not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision,
and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision.Indemnitor shall pay Indemnitees for any attorney's fees and
costs incurred in enforcing this indemnification provision.Notwithstanding the foregoing,nothing in this
instrument shall be construed to encompass (a)Indemnitees'sole negligence or willful misconduct to the
limited extent that the underlying Agreement is subject to Civil Code 2782(a)or (b)the contracting public
agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code
2782(b).This indemnity is effective without reference to the existence or applicability of any insurance
coverages which may have been required under the Agreement or any additional insured endorsements
which may extend to Indemnitees.
Indemnitor,on behalf of itself and all parties claiming under or through it,hereby waives all rights of
subrogation and contribution against the Indemnitees,while acting within the scope of their duties,from
all claims,losses and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor regardless of any prior,concurrent,or subsequent active or passive negligence
by the Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor,then all
obligations,liabilities,covenants and conditions under this instrument shall be joint and several.
"Indemnitor"
Name _
By:_
Its
R6876.0001 \1382688v2
C-15
Name _
By:_
Its
G-19
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address ofnamed insured ("Named Insured''):
Name and address ofInsurance Company ("Company''):
General description ofagreement(s),permit(s),licensers),and/or activity(ies)insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
1.The _
("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds")under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured.The Additional Insureds have no liability for
the payment of any premiums or assessments under the Policy.
2.The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3.Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4.Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy.All such claims shall be
covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each
insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of
liability as provided under the policy.
5.The insurance afforded by the Policy for contractual liability insurance (subject to the
terms,conditions and exclusions applicable to such insurance)includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s)contained in or executed in
conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and
the Additional Insureds.
6.The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal
except after written notice to Public Agency,by certified mail,return receipt requested,not less than
thirty (30)days prior to the effective date thereof.In the event of Company's failure to comply with this
notice provision,the policy as initially drafted will continue in full force and effect until compliance with
this notice requirement.
7.Company hereby waives all rights of subrogation and contribution against the Additional
Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,
or subsequent active or passive negligence by the Additional Insureds.
R6876.0001 \1382688v2
C-16
G-20
8.It is hereby agreed that the laws of the State of California shall apply to and govern the
validity,construction,interpretation,and enforcement of this contract of insurance.
9.This endorsement and all notices given hereunder shall be sent to Public Agency at:
10.Except as stated above and not in conflict with this endorsement,nothing contained
herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11.Scheduled items or locations are to be identified on an attached sheet.The following
inclusions Felate to the above coverages.Includes:
°Contractual Liability
°Owners/Landlords/Tenants
°Manufacturers/Contractors
°Products/Completed Operations
°Broad Form Property Damage
°Extended Bodily Injury
°Broad Form Comprehensive
General Liability Endorsement
°Explosion Hazard
°Collapse Hazard
°Underground Property Damage
°Pollution Liability
°Liquor Liability
0 _
0 _
0 _
12.A °deductible or °self-insured retention (check one)of $_
applies to all coverage(s)except:_
(if none,so state).The deductible is applicable °per claim or D per occurrence (check one).
13.This is an °occurrence or °claims made policy (check one).
14.This endorsement is effective on at 12:01 a.m.and forms a part
of Policy Number _
I,(print name),hereby
declare under penalty of peIjury under the laws of the State of California,that I have the authority to bind
the Company to this endorsement and that by my execution hereof,I do so bind the Company.
Executed ,20 _
Signature of Authorized Representative
Telephone No.:( )_
R6876.0001 \1382688v2
C-17
(Original signature only;no facsimile signature
or initialed signature accepted)
G-21
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address ofnamed insured ("Named Insured ''):_
Name and address ofInsurance Company ("Company''):_
General description ofagreement(s),permit(s),licensers),and/or activity(ies)insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
1..The _
("Public Agency"),its elected officials,officers,attorneys,agents, employees,and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds")under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf ofthe Named Insured.The Additional Insureds have no liability for
the payment of any premiums or assessments under the Policy.
2.The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3.Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4.Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy.All such claims shall be
covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each
insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of
liability as provided under the policy.
5.The insurance afforded by the Policy for contractual liability insurance (subject to the
terms,conditions and exclusions applicable to such insurance)includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s)contained or executed in conjunction
with the written agreement(s)or permit(s)designated above,between the Named Insured and the
Additional Insureds.
6.The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal
except after written notice to Public Agency,by certified mail,return receipt requested,not less than
thirty (30)days prior to the effective date thereto.In the event of Company's failure to comply with this
notice provision,the policy as initially drafted will continue in full force and effect until compliance with
this notice requirement.
7.Company hereby waives all rights of subrogation and contribution against the Additional
Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,
or subsequent active or passive negligence by the Additional Insureds.
C-18 G-22
8.It is hereby agreed that the laws of the State of California shall apply to and govern the
validity,construction,interpretation,and enforcement of this contract of insurance.
9.This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
10.Except as stated above and not in conflict with this endorsement,nothing contained
herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THISENDORoSEMENT 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:
I Any Automobiles
I All Owned Automobiles
I Non-owned Automobiles
I Hired Automobiles
I Scheduled Automobiles
I Garage Coverage
I Truckers Coverage
I Motor Carrier Act
I Bus Regulatory Reform Act
I Public Livery Coverage
I
I
12.A D deductible or D self-insured retention (check one)of $_
applies to all coverage(s)except:(ifnone,so state).The deductible is applicable
G per claim or G per occurrence (check one).
13.This is an D occurrence or D claims made policy (check one).
14.
Number
This endorsement is effective on at 12:01 a.m.and forms a part of Policy
I,(print name),hereby
declare under penalty of perjury under the laws of the State of California,that I have the authority to bind
the Company to this endorsement and that by my execution hereof,I do so bind the Company.
Executed ,20__
Telephone No.:( )_
C-19
Signature of Authorized Representative
(Original signature only;no facsimile signature
or initialed signature accepted)
G-23
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address ofnamed insured ("Named Insured''):
Name and address ofInsurance Company ("Company''):
General description ofagreement(s),permit(s),licensers),and/or activity(ies)insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
1..The -:------:_----:---:-:::-:--:--_::-:::---:-__----.,-_--:--__~
("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds")under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf ofthe Named Insured.The Additional Insureds have no liability for
the payment of any premiums or assessments under the Policy.
2.The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3.Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought,except with respect to the limits of the Company's
liability.
4.Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy.All such claims shall be
covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each
insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of
liability as provided under the policy.
5.The insurance afforded by the Policy for contractual liability insurance (subject to the
terms,conditions and exclusions applicable to such insurance)includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s)contained in or executed in
conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and
the Additional Insureds.
6.The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal
except after written notice to Public Agency,by certified mail,return receipt requested,not less than
thirty (30)days prior to the effective date thereto.In the event of Company's failure to comply with this
notice provision,the policy as initially drafted will continue in full force and effect until compliance with
this notice requirement.
7.Company hereby waives all rights of subrogation and contribution against the Additional
Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,
or subsequent active or passive negligence by the Additional Insureds.
8.
validity,
It is hereby agreed that the laws of the State of California shall apply to and govern the
construction,interpretation,and enforcement of this contract of insurance.
C-20 G-24
9.This endorsement and all notices given hereunder shall be sent to Public
Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
10.Except as stated above and not in conflict with this endorsement,nothing contained
herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
°Following Form
°Umbrella Liability
0 _
11.Applicable underlying coverages:
INSURANCE COMPANY POLICY NO.AMOUNT
12.The following inclusions,exclusions,extensions or specific provisions relate to the above
coverages:
13.A °deductible or °self-insured retention (check one)of $_
applies to all coverage(s)except:_
(ifnone,so state).The deductible is applicable °per claim or °per occurrence (check one).
14.This is an °occurrence or °claims made policy (check one).
15.This endorsement is effective on at 12:01 a.m.and forms a part of Policy
Number _
I,(print name),hereby
declare under penalty of peIjury under the laws of the State of California,that I have the authority to bind
the Company to this endorsement and that by my execution hereof,I do so bind the Company.
Executed ,20__
Signature of Authorized Representative
Telephone No.:( )__
C-21
(Original signature only;no facsimile signature
or initialed signature accepted)
G-25
Exhibit A
PROPOSAL
CITY OF RANCHO PALOS VERDES
CREST ROAD AT WHITLEY COLLINS DRIVE
PEDESTRIAN CROSSING
TO THE QITY COWen,OF THE CITY OF RANCHO PALOS VERD;SS
The undersigned.as bidder.declares that:(1)this proposal is made without collusion with any other
person.firm or colpomtion.and that the ODly persons or parties interested as principals are those named
herein;(2)biddet has carefUlly ~the project plans.specifications,instructions to bidders.
proposal.notice to contIaCtors and all o1her information filmished therefore and the site of the proposed
wed:;(3)bidder has investigated and is satisfied as to the conditions to be encountered,the charaeter.
quality and quantities of work to be perlbrmed and materials to be furnished.Furthen:nore.bidder agrees
that submi$s.i.olJ.of this proposal shall be conclusive evidence that such examjnation and investigatio.o.
ha\1e been made and agrees,in the event this contract be awarded to bidder,to enter into a conttaet with
the CITY COUNCn.of the crry OF RANCHO PALOS VERDES,to petfonn said proposed work in'
accordance with the plans,if any.and the tenns of the specifications.in the time and m.anne:r the.rein
prescribed,and to furnish or provide all materials,labor.tools,equipment,apparatus and other rnC8.0S
necessmy so to do,except such thereof as may otherwise be furnished or provided under the ter.ms of sald
$peCifications,for the following stated unit prices or lwnp-sum price as submitted on the Schedule
attached hereto:
The bidder s'ball submit as part of this proposal a completed copy of the Contx"actor's lndustrial Safety
Record.
Accompanying this proposal is 'lUO ~O (Insert "$<Y:m Of)cash,""Cashier's
Check,""certified check,II or "Bid Bond,l'as the case may be)in the amount equal to at least ten percem
(lOO"')of the total aggregate bid price he.reofbased on the quantities shown and the unit prices quoted in
the Bid Sheets.
The wdersigned :further agrees that should hclshe be awarded the contract OD the basis hereof and
thereafter,defaults in executin,g the required contmct.with necessary bonds and dOC\1JIl.en.ts~within ten
(10)days.not includi.ng Sundays and legal holidays,after having received notice that the contract has
been awanied and is ready for signature,the proceeds ofthe security aOCOD1panyjng his bid shall beoome
the property of the CITY OF RANCHO PALOS VERDES and this proposal and the aocq>tance th~f
may be considered null and void..
Licensed in a.ocordance with an act providWg for the registration of contnlCt01'S,California Contraetots
Liocnsc No.q #b6\(,•Class ...tL Expiration Date f)..II •
SIgoatute(s)ofbidder:~~?,..~See~
If an individual,so state.If a finn 0'1:co-partn tate the finn name and give the nanles of
individual co-pattners composing the firm.Ifa c01pOl'iltion,state legal name of corporation,also names
of president,secretary,treasurer,and manager thereof.Two n~officer's signatures and the
corporate seal are required for corporations.
rJffil'F/6 Dc.1J!..f.Oj?HJltit SUz/ltit.5 .~It GoP:
I<OtJUr !f.ur/!/Jl//.f/(~Su....-or r~CIIJc/~tI(
1'-1
G-26
Address:---'I{.c..!'2i.41.;J..s=--L.7jC(;,,..I!l&06V1"-L-4::.~~W~I9.t>~jJ.!LJ:SUloj)b;',,....,.P.mlU~l:Al·'ol:£~;,fJ!I>Le.ltr,cJ....o'!..t:lt!l~9.::f...;JJ3t&~/-_
Telephone:·.....t4S:....""'<.-,....5.....2....,,3....'....J2L£1.....1f _
Contact:'o.J.m<1-w..u~r..aJA£.~Jw'Ac:.a..u...fS"",·.s.e:M...3oC-_
.Proposals which do not show the number and date of the Bidder's License under the provisions of Chapter
9 of Division 3 ofthe Business &Professional Code will be rejected.To be submitted with each bid to
contract for City ofRancho Palos Verdes CREST ROAD AT WHITLEY COLLINS DRIVE
PEDESTRIAN CROSSING
Bid Date ----.,..fO"'-·-#-I.....I-....I.,...I-------
This infonnation must include all construction work undertaken in the State of California by the bidder
and partnership joint venture or corporation that any principal of the bidder participated in as a principal
or owner for the last five calendar years and the current calendar year prior to the date of bid submittal.
Separate infonnation shall be submitted for each particular partnership,joint venture.corporate or
individual bidder.The bidder may attach any additional infonnation or explanation of data which bidder
would like to be taken into consideration in evaluating the safety record.An explanation must be altached
of the circumstances surrounding any and all fatalities.
P-2 G-27
BID SCHEDULE
INCLUDES ALL WORK TO BE DONE ON
CREST ROAD AT WHITLEY COLLINS DRIVE
PEDESTRIAN CROSSING
IN THE
CITY OF RANCHO PALOS VERDES
BID SHEET
To the Honorable Mayor and Members ofthe City Council:
In compliance with the Notice lnviting Sealed Bids,the undersigned hereby agrees to enter into a contract
to furnish all labor,materials,equipment and supplies for the project identified as CREST ROAD AT
WIDTLEY COLLINS DRIVE PEDESTRIAN CROSSING in accordance with the
specifications and plans in the Contract Documents which are on file in the office ofthe Director of
Public Works of the City ofRancho Palos Verdes to the satisfaction and under the direction ofthe
Director of Public Works at the following prices:
BID TABLE
ITEM DESCRIPTION ESTIMATED UNIT PRICE EXTENDED
NO.QUANTITY JmlI AMOUNT
1 Install Controller:Spot Devices Solar System -LS $$(2 units)U."ud
2 Furnish and install Type 18 Pole 2 EA $'000 $J,l,.()f'jD
3 Furnish and install 12-inch signal LED type 4 EA $.,.(50 $/t:JtJD
4 Furnish and install Pedestrian Push Buttons 2 EA $..1'to $/fJt:J)
5 Construct Pavement Legends 12 EA $...tsO $JOOD
6 Construct 12-inch Yellow Ladder Crosswalk -LS $$3.S"DO
7 Furnish Signs ]6 EA $["in $l..'ff}O
8 Relocate Signs 1 EA $I-s"n $1.1J()
9 Remove Signs 2 EA $15 $H'b
10 Install Detectable Warning Panel on existing ramp 4 EA $.'(Y)$.z~
TOTAL AMOUNT OF BID $1.1 LJ./fJ./
TOTAL BASE BID AMOUNT IN WORDS
fORry IJ!]{J T'i1:x.sllat4 rllJP !UI/JlJtfU){0/'7 EDt/&:
The con~ract shall be awarded to the lowest responsible bidder based on the BASE BID.
Note:Delete SSPWC Section 3-2,2.1 through 3-2.2.3.The City reserves the right to adjust unit quantities
and scope of work as necessary to meet project and bUdgetary requirements.
P-3 G-28
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information:
(Additional sheets may be attached if necessary.)
(3)Type of fIrm -Individual,Partnership,or Corporation:
cod.
(4)Corporation organized under the laws of the State of
CAl!
(5)Contractor's license number and class:
9l{0!ft5Y A
(6)List the names and addresses of aU members of the fIrm or names and titles of all officers of the
corporation:
(7)Number of years experience as a contractor in construction work ....lJoLJ-l_
(8)List at least three similar projects completed within the last 5 years:
Contract
Amount Class of Work Date Completed Name,Address of Owner,&Telephone No.
P-4 G-29
(9)List the name and address of such subcontractor who will perform work in or about the work of
improvement and indicate what part of the work will be done by each such contractor (ifthere are
more than two subcontractors.attache a separate sheet):
NAME TYPE OF WORK-.....-_
ADDRESS _
NAME,TypEOF WORK._
ADDRESS _
(10)List the name of the person who inspected the site of the proposed work for your fInn:
(11)NOTE:Upon request ofthe Redevelopment Agency,the bidder shall furnish evidence showing a
notarized fmandal statement,financial data,construction experience,or other infonnation.
(12)Bidder shall be properly licensed in accordance with Business and Professional Code Section
7028 at the time of the Business and Professional Code shall be considered non-responsive and
his bid shall be rejected.
P-5 G-30
TlS Traffic Development Services,
Following is a list of our references,projects and their completion
dates:
1.Mr.Danh Thai
California Department of Transportation
6533 Marine Way
Irvine,CA 92618
(949)936-3589
danh_thai@dot.ca.gov
Contract #12-0M0804,Completetion Date 6/11,Total Value $250,000.00
Traffic Signal Upgrades
2.Mr.Shirjeel Muhammad
City of Rialto,Public Works
335 W.Rialto Avenue
Palmdale,CA 92376
(909)820-2531
smuhammad@rialtoca.gov
Contract #090801-11,Completion Date 3/11,Total Value $146,148.00
Traffic Signal Installation
3.Hany Demitri
City of Santa Monica,Civil Engineering
1437 Fourth Street,Suite 300
Santa Monica,CA 90401
310-458-8721
Hany.Demitri@SMGOV.NET
Contract #6321-1,Completion Date 4/11,Total Value $175,003.84
Instarr Vehicle Arresting Barrier @ Farmers Market
4.Shrikant Amtey or Vince Byrnes
California Department of Transportation
7177 Opportunity Road
San Diego,CA 92111
(858)467-4094 Shrikant /(858)467-4078 Vince
shrikancamtey@dot.ca.gov /vincenCByrnes@dot.ca.gov
421:-Tierra Rejada Road.Suitt'184 Moorpark,CA 93021 (805)523-1914 FAX (888)225·0844
Stalt'I.icenst'#940869 A.&tepht'o@lraffil'den!lopmentsen"il't's.COID
G-31
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS'LICENSING LAWS
[Business &Professions Code 7028.15}
[Public Contract Code 20103.5}
I,the undersigned,certify that I am aware of the following provisions of California law and that I,or the
entity on whose behalf this certification is given,hold a currently valid California contractor's license as
set forth below:
Business &Professions Code 7028.15:
(a)It is a misdemeanor for any person to submit a bid to a public agency in order to
engage in tbe business or aet in tbe capacity of a contractor within this state without
having a license therefore,except in any of the foJlowing cases:
(l)The person is particularly exempted from this chapter.
(2)The bid is submitted on a state project governed by Section 10164 of the
Public Contract Code or on any local agency project governed by Section
20104 [now 120103.5]of the Public Contract Code.
(b)If a person has been previously convicted of the offense described in this section,the
court shall impose a fine of 20 percent of the price of the contract under which the
unlicensed person performed contracting work,or four thousand five hundred dollars
($4,500),whichever is greater,or imprisonment in the county jail for not less than 10
days nor more than six months,or both.
In the event the person performing the contracting work has agreed to furnish materials
and labor on an hourly basis,"the price of the contract"for the purposes of this
subdivision means the aggregate sum of the cost of materials and labor furnished and the
cost of completing the work to be performed.
(c)This section shall not apply to a joint venture license,as required by Section 7029.1.
However,at the time of making a bid as a joint venture,each person submitting the bid
shall be subject to this section with respect to his or her individual licensure.
(d)This section shall not affect the right or ability of a licensed architect,land surveyor,or
registered professional engineer to form joint ventures with licensed contractor to render
services within the scope of their respective practices.
(e)Unless one of the foregoing exceptions applies,a bid submitted to a public agency by a
contractor who is not licensed in accordance with this chapter shall be considered non-
responsive and shall be rejected by the public agency.Unless one of the foregoing
exceptions applies,a local public agency shall,before awarding a contract or issuing a
purchase order,verify that the contractor was properly licensed when the contractor
submitted the bid.Notwithstanding any other provision of law,unless one of the
foregoing exceptions applies,the registrar may issue a citation to any public officer or
employee of a public entity who knowingly awards a contract or issues a purchase order
to a contractor who is not licensed pursuant to this chapter.The amount of civil
penalties,appeal,and fmality of such citations shall be subject to Sections 7028.7 to
7028.13 inclusive.Any contract awarded to,or any purchase order issued to,a
contractor who is not licensed pursuant to this chapter is void.
P-6 G-32
(f)Any compliance or noncompliance with subdivision (e)of this section.as added by
Chapter 863 ofthe Statutes of 1989.shall not invalidate any contract or bid awarded by a
public agency during which time that subdivision was in effect.
(g)A public employee or offi~shall not be subject to a citation p~uant to this section if
the public employee.officer,or employing agency made an inquiry to the board for the
purposes of verifYing the license stetus of any person or contractor and the b08td failed to
respond to the inquiry within three business days.For purposes of this section,a
telephone response by the board shall be deemed sufficient.
Public Contract Code 20103.5:
In all contracts subject to this part where state or local funds are involved,no bid submitted shall
be invalidated by the failure ofthe bidder to be licensed in aooordancc with the laws ofthis state.
B:owever,at the tiro.e the contract is awarded,the contractor shall be properly licensed in
~cewith the laws ofthis state.The first paym,ent for work or material under any contract
shall not be made unless and until the Regis1rar of Con.tractors verifies to the agency that the
records ofthe Contractor's State Ucense Board indi~te that the contractor was propc::rly licensed
at the time the contract was awanied.Any bidder or .contractor not so licensed shall be subject to
all legal penalties imposed by law including,but not limited to,any appropriate disciplinary
action by the Contractor's State License Board.The agency shall include a statement to that
effect in the sbuldard fOlm of prequalificaLion questionnaire and financial ~tem.e.nt.Falluxe of
the bidder to obtain proper and adequate licensing fur an award of a contract shall constitute a
failure to execute the contract and shallresuIt in the forfeiture ofthe security ofthe bidder.
\
License No.:9L.¥i.."p&\:::;u,·.:::;.lG+-1 _
Class:--..lfl'"'---_
Expiration Date:__--..10/).........1....{-,.-_
Date:la·rl"L
S~"~•.:.:t?rtJI'Ioi.w-~c;.e~
G-33
DESIGNATION OF SUBCONTRACTORS
[Public Contract Code 4104J
Public Contract Code 4104 provides as follows:
Any officer,department,board or commission taking bids for the construction ofany public work
or improvement shall provide in the specifications prepared for the work or improvement or in
the general conditions under which bids will be received from the doing of the work incident to
the public work or improvement that of any person making a bid or offer to perfonn the work,
shall,in his or her bid or offer,set forth:
(a)The name and the location of the place of business of each subcontractor who will
perfonn work or labor or render service to the prime contractor in or about the
construction of the work or improvement,or a subcontractor licensed by the State of
California who,under subcontract to the prime contractor,specially fabricates and
installs a portion ofthe work or improvement according to detailed drawings contained in
the plans and specifications,in an amount in excess of one-half of 1 percent of the prime
contractor's total bid or,in the case of bids or offers for the construction of streets or
highways,including bridges,in excess of one-half of 1 percent of the prime contractor's
total bid or ten thousand dollars ($10,000),whichever is greater.
(b)The portion of the work which will be done by each subcontractor under this act.The
prime contractor shall list only one subcontrector for each portion as is defmed by the
prime contrector in his or her bid.
Subcontractor's Name and
Contract Name
c.lin~!J caA~CO.loLl
/fJt>bm 37.
Address and Telephone No.
P-8
Portion of Work and
Percent of Total Bid
G-34
CONTRACfOR'S INDUSTRIAL
SAFETY RECORD
Total
Record Last Five (5)Full Years:
1.No.of contracts
2.Total dollar ROIonnt of contracts (in tbou-
saDdsof
*3.No.offataHties
*4.No.offost workday cales
*5.No.of lost workday cases ilwolvlo.g per-
maneBt transfer to another job or terml-
Utioll of emplo)'JJlent
Year of Record 20_10_20_20_20JD Current
,Year "
••....:'"-O%I5 ........~.X·#\JK.:mK4#.q2!!..,iI
The information required for these items is the lame as required for Columns 3 to 6,Code 10,O~Cllpationallnjuries,Summary.Occupational Injuries
and IUn.tues No.102.
The above iDformation was compiled from the records tbat are available to me at this time,and I declare UDder penalty of perjury that the information is
true 1lIId..-.tewithID ...lIJaItatiDos or_.....""'._~~
riUtfbC.t OlJ)£ilifftJlo-(JUV/G£J x;~rui,~
Name ofBidder (print)Signature .See.t'c..~
'il..L~ILLL.£.rLl!lJAi)IL M ..
Address State Contractor's tic.#&Classification
/fY)lJL,./lIM I ..ell ?3ra!
City I Zip Code
P-9
Telephone
G
-
3
5
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
Bond No._n_Ia _
WHEREAS the City of Rancho Palos Verdes
("Public Agency"),has issued an invitation for bids for the work described as follows:
CREST ROAD AT WHITLEY COLLINS DRIVE
PEDESTlUAN CROSSING
WHEREAS Traffic Development Services,Inc.,4215 Tierra Rejada Rd.,Suite 184,Moorpark,CA 93021
(Name and aMrels ofJJidder)
("Principal"),desires to 5Ubmit a bid to Public Agency for the wor.k.
WHEREAS,bidders are required under the provisions of the California Public Contract Code to :fb.rnjsh a
form of bidder's security with their bid.
NOW,THEREFORE,we,the undersigned Principal,and _
Developers Surety and Indemnity Company
Five Centerpointe.Ste.530,Lake Oswego,OR 97035
(N(I11fe (1."4 pdtfr~$ofSurety)
("Surety)))a duly admitted surety insurcrunderthe laws of the State of California,as 8u:rety,arc
held and firmly bound unto the Public Agency in the penal sum of Ten Percent of the Total Amount Bid
Dollars ($10%-----------------------))being not less than ten percent (l0%)of the total bid
price,in lawful money ofthe United States ofAmerica,for the payment ofwhich sum well and truly to be
made~we bind ourselves,our heirs,executors,administrators,su.ecessors,and assigns,jointly and
5c:vtlrW.ly,firmly by these pre5en~.
THE CONDITION OF THIS OBLlGAllON IS SUCH THAT,if the hereby ooUllded Principal is
awarded a contract for the work by the Public Agency and,within the time and in the numner required by
the bidding specifications,enters into the written fonn of COJ:1tract included with bidding specifications,
furnishes the required bonds,one to guarantee faithful perfonnance and the other to guamn,tee pay:r;nent
for labor and mt'lterials,and furnishes the required insurance coverages,then this obligation shall become
null and void;otherwise,it shall be and remain in full force and effect.
In case Sllit is brought upon this bond,Surety further agrees to pay all oourt costs incurred by the Public
Agency in the suit and reasonable attomeys'fees in an amount fj.xed by the court.Surety hereby waives
the provisiOns of California Civil Code I 2845.
'.
P-IO
G-36
IN WITNESS WHEREOF,this instrument has been duly executed by Principal and Surety,on the date
set forth below.the nam.e of each corpmate party being hereto affixed and these presents duly signed by
its undet:signed representative(s)pursuant to authority ofits govcro.i.ng body.
Dated:October 14,2011
"Principal"
Traffic Development Services,Inc.
BY:·--I-ts--.s::-~:;--:-~~""'I/C-KSf»1----
mIMII:>ut.
By:,--n-s---....·>q{~S1t---MvJ---J-/lf;K.--'JI)-~
fl)J91))fJ ~
"Surety"
Developers Surety and Indemnity Company
Gale Delo
By::-L:~~~~-=--:--_
BY;,__·..,.._i_<:.__,-_
Its Attorney-In-Fact
(Sea/)
No~TIlts bDnd mult be dated,all osipalllr£,f must be notarized.tmd evidence ollhe authority ofany pl:nOTl 8f&'n;;'1&CZ$atb1ntey-itt-
fa.et must be QlUlched.
P-l1
G-37
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On October 14,2011 before me Raquel L.Soto.Notary Public.
personally appeared --==G;.:a:.:.;:le:...;D::.e::::.:l~o _
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 she executed the same in
her authorized capacity,and that by her signature on the instrument the person,or the entity
upon behalf of which the person acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
',.A.J_.._......c....~-"....,"""."""'...........,.,~
<,."i;AOUEl.L.SOTO (·JF COMM.#1775672 n(>~NOTARY PU8LJO.CAUFORNI~.~
SAN BEFlNAP.OINO.COUNTY :;
My Camm:Exp.NOV 21.2011
G-38
POWER OF ATTORNEY FOR
DSVEI.OPERSSURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725.IRVINE.CA92623 (949)263·3300
KNOW ALL BY THESE PRESENTS that except as expressly II/nlled,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make.constitute and appoinl
·**George A.DeCristo,Shannon Lopez,Peter M.Davis,Kenzie K.Thompson,Martin M.Davis.Gale Deja,jointly or severally·"
as lheir Irue and lawful AIIomey(s)·jn·Facl.10 make,execute.deliver and aclmowtedge.for and on behalf of said corporations.as sureties.bonds,undertakings and contracts of surely'
ship giving and granting unlo said Allorney(s)-in·Facl full power and authority 10 do and 10 perform every act necessary.requisite or proper 10 be done in conneclion therewith as each of
said corporaltons could do.but reserving 10 each 01 said corporations full power of sUbstrtulion and revocation.and alf of the acts or said Ahomey(s)·in·Facl.pursuanlto these presents.
are hereby ratified and confirmed
This Power of Allorney is granled and is signed by facsimile under and by authority or the following resoMons adopted by the respective Boards of Direclors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,ellacUve as of January lSI.2008
RESOLVED.that a combinalion of any two of the Chairman of the Board.Ihe Presidenl.Executive VICe·PreSiden!.Senior Vice·President or any Vice President of the
corporations be.and that each 01 them hereby is.authorized to execute thiS Power or Allorney,qualifying the attorney(s)named in the Power 01 Morney to execute.on behalf or the
corporations.bonds.Undertakings and contracls of suretyship;and that the Secretary or any Assistan!Secretary of either or the corporations be.and each of them hereby is.authorized
10 attest the execution of any such Power of Attomey;
RESOLVED.FURTHER.lIlat the signatures of such officers may be affixed \0 any such Power of Attomey or to any certilicale relating thereto by facsimile.and any such
Power of Allorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in Ihe future with respect 10 any bond.undertaking
or contract of suretyship 10 Which il is attached.
IN WITNESS WHEREOF.DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents \0 be SIgned by
lhelr respective officers and allested by their respeclive Secretary or Assistant Secretary this January 1s1,200.8.
---_..----_..
By.-=-..r..,!.,.-.......::~:d'£:~~..=:::;~~~
Daniel Young.VICe·Presidenl
By ~V {;);;
Stephen T Pale,Senior Vice·Presidenl
Slale 01 Calirornla
Counly of Orange
On .__,,__,January 31.2011 before rne..__AnlonioAl'!arado.Notary Pubkc
Dale Here Insert Name and Tille of the Officer
personally appeared .._.Q~!!iel YO!!.illl andStell!!en r Pale ..•..."._
Name(s)of Slgner(s)
I certify under PENALTY OF PERJURY under the laws of the State of California Ihallhe foregoing paragraph is
true and correct
WITNESS my hand and official saal ~
Signature ~.
Antonio Alvarado.Notary Public
------------_..--------..-------_.-
who proved 10 me oil the basis of satisfactory evidence to be (he person(s)whose name(s)islare subscribed 10
the within instrument and acknowledged 10 me that he/she1they .executed lile same in hislherllheir authorized
capacttyQes).and that by hislherJlheir signalure(s)on the instrument the flIlfSon(sl,or the entity upon behalf 01
which lhe person(s)acted.executed the instrument.
Place Notary Seal Above
CERTIFICATE
The undersigned.as Secretary or Assislant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA.does hereby
certify lhallhe foregoing Power or Atlorney remains in lulf rorce and has not been revoked and,rurthermore.that the provisions 01 the resolutions or the respective Boards of Directors of
said corporalions sel forth in the Power of Attorney are in force as of the date of this Certificale
This Certificate is executed in the Cily of IMne.California.thiS l'!tII day of ()f!.fobe,e .:Jbll
By A"'J-,L_~_~antsecretary
ID·1380(Rev.01l11j
G-39
~''1 ~..."•••,··'••,.1-.·1·.'..·,,1'.'1'\1".'~'1"yO,,'~·r·••\'f..~·t·~u :'OU.·fLl"·.,••11 ,"·_II ••ol ~"'11 .·'f..I"<~;I:'.I.,·Ii ""l ..'~11 ••"'U.:II •.I.'\~..I ~II .
State of California
County of \)~
)
)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
On 1
'{)I f?:/'2.01 I before me,_~~~--,-~~~~....,...,..~~~~-I)&:lt;~-1Jl.j I
personally appeared S..b.f hf'A'l ~e....k <;;e .1\..
who proved to me on the basis of satisfactory evidence to be the person.(6)whose name(t)is/4l:a subscribed to
the within instrument and acknowledged to me that he/st:al'tI:8~'executed the same in his/hsr;!tA8ir
authorized cappcity(fll1,and that by his/A_A'e+r signature,(it on the instrument the personi),or the entity
upon behalf of which the persorii acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature a.,.~J<,...~...:.....
------------OPTIONAL INFORMATION
A A
COMM.#1 B78911 z
Notary Public'California ~
7j Ventur ..County ..
M Comm.ExpIres Feb.2,2014
(Seal)
!•I
!
Although the mformation in this section IS not required by law.it could prevent fraudulent removal and reattachment of thIS
acknowledgment to an unauthoflzed document and may prove useful to persons relymg on the attached document
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of ?;t,.l "livtt.J...
contalnmg pages.and dated ..
The signer(s)capacity or authority is/are as:
o Indlvldual(s)
[J AttorneY-In-Fact
[J Corporate Officer(s)-----------:::"77~-----
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o Guardian/ConservatoroPartner·limited/General
o Trustee(s)
o Other
.fB~mm!<if~l-~
Method of Signer Identification
Proved to me on the baSIS of satisfactory eVidence
La formes)of identification a credible wltness(es)
Notanal event IS detailed In notary Journal on.
Page #Entry #
Notary contact _
Other
o Additional Slgner(s)0 Signer(s)Thumbprlntls)
0 _
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¢>Copyright ]007 Nowy ROTary,Inc 9]5 ]9Th St ,Oes Momes.IA 50312·36 1]form ACK03 10/07 To te-order,rail TOil-free J-877-349 6588 or VISIl u,on the InterneT at http IIwwwnolaryrotarycom
G-40
State ofCalifomia
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code 7106]
)
)5S.
County of __tIttlL·=17.u.ttu;·If"z;#:---J)
ANITA RUFfIN£N
COMM.#/'187891 J 2:
tlJ Nor;,,}'Puolrr :Jhforma :u
Ventura GOUnty g
M Comm.Expires Feb.2,2014
P-12
G-41
State of California
County of '}"""J1AAA
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)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
On t oj r=r/20 n before me,~~~~l&.-1~~\A..~.ffD(~1L..,~~:ft.\&~O~:..i...(...--
personally appeared _f(""'''''OUllleYJ=:=''''''---=Ww......:...._":K.:...:....:.~::..:~~=lIIiC:-:"'--_
who proved to me on the basis of satisfactory evidence to be the person~whose namej;)is/~ubscribed to
the within instrument and acknowledged to me that he/51 n 'tlll!!y executed the same in his~Aer,'tAEli~
authorized cap,acity(ifirJ,and that by hjs/~r signatur.on the instrument the persondt or the entity
upon behalf of which the person it acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~J<.e~":-'
-----------OPTIONAL INFORMATION
ANITA RUFFINEN
COMM.#1878911 z
Notary Public California 9
Ventura County
M Comm Expires Feb.2,2014
(Seal)
Although the mformatlOn m th,s section IS not required by low,It could prevent fraudulent removal and reattachmem of this
acknowledgment to an unauthOrized document and may prove useful to persons relying on the attached document.
Description of Attached Document ....
~,
The preceding Certificate of Acknowledgment IS attached to a document
titled/for the purpose of Np 1'\CElt I u..~(m A'f)Mllit
contamrng _1_pages,and dated _.......:..''l>_t-f..:...I,.._/f---'-'to--=-(~(_
The signer(s)capacity or authority is/are as:
o Indivldual(s)o AttorneY-In-Fact ('"J ~~orporate Officer(s)"i2DbYtC'"~Ph.~,J.+.J=
TA'eC')
Method of Signer Identification
Proved to me on the baSIS of satisfactory evidence
L 0 form(5)of IdenTificaTion 0 credible wltness(es)
Notarial event IS detailed to notary Journal on
Page II Entry II
Notary contact _
Other
o Additional Slgner(s)0 Signer(s)Thumbpnnt(s)
0 _
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o Guardian/ConservatoroPartner-Limited/GeneraloTrustee(s)o Other _
representing:-r:~'c...k \,ALI )~L
Name(s)of PersonCs)or fnm
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4>(opynght 2007 Notary Rotary Inc 92S 29th St.Des MOlnes,lA 503 t2·3612 Form ACK03 10/07 To re-oroer call toll·free 1·877·349-6588 or v,,,t U<on the Internet at hila IlwwwnOlaryrotarycorn
G-42
QUALIFICATION OF BIDDERS
Each bidder shall be skiUed and regularly engaged in the general class or type of work called for under
the contract.A statement setting forth hisfher experience shall be submitted by each bidder on the
EXPERIENCE STATEMENT fonn provided.
Each bidder shall posses a valid Contractor's License issued by the Contractor's State License Board at the
time hislher bid is submitted. The class of license shall be applicable to the work specified in the contract.
Each bidder shall also have no less than five (5)years experience in the magnitude and character of the
work bid.
Bidder Qualifications called for to be submitted at time of bid include,but are not necessarily limited to:
1.The Contractor shall have been in business under the same name and California Contractors License
for a minimum of 5 continuous years prior to the bid opening date for this Project.The license used to
satisfY this requirement shall be of same type required by the contract.
2.License classification shall be "A"or "ClO".
3.The Contractor shall perfonn at least 50%of the contract with its own forces.
P-13 G-43
EXPERIENCE STATEMENT
To be responsive,the bidder must list below a minimum of three public agencies for which bidder has
perfonned similar work within the past five years.Only projects in excess of $200,000 each qualify as
similar for this project.
1.Project Title
Contract Amount
Type of Work
Client
A~ency Project Manager
Date Completed
Phone
%subcontracted
2.Project Title
Contract Amount
Type of Work
Client
Agency Project Manager
Date Completed
3.Project Title
Contract Amount
Type of Work
Client
Agency Project Manager
Date Completed
Phone
%subcontracted
Phone
%subcontracted
NOTE:If requested by the City,the bidder shall furnish a certified financial statement,references,and
other infonnation sufficiently comprehensive to penni!an appraisal ofhis current financial condition.
Biddds Signature £'x"---_
P -14 G-44
TI§Traffic Development Services,
Following is a list of our references,projects and their completion
dates:
1.Mr.Danh Thai
California Department of Transportation
6533 Marine Way
Irvine,CA 92618
(949)936-3589
danh_thai@dot.ca.gov
Contract #12-0M0804,Completetion Date 6/11,Total Value $250,000.00
Traffic Signal Upgrades
2.Mr.Shirjeel Muhammad
City of Rialto,Public Works
335 W.Rialto Avenue
Palmdale,CA 92376
(909)820-2531
smuhammad@rialtoca.gov
Contract #090801-11,Completion Date 3/11,Total Value $146,148.00
Traffic Signal Installation
3.Hany Demitri
City of Santa Monica,Civil Engineering
1437 Fourth Street,Suite 300
Santa Monica,CA 90401
310..458-8721
Hany.Demitri@SMGOV.NET
Contract #6321-1,Completion Date 4/11,Total Value $175,003.84
Install Vehicle Arresting Barrier @ Farmers Market
4.Shrikant Amtey or Vince Byrnes
California Department of Transportation
7177 Opportunity Road
San Diego,CA 92111
(858)467-4094 Shrikant /(858)467-4078 Vince
shrikancamtey@dot.ca.gov /vincehCByrnes@dot.ca.gov
4215 Tierra Rcjada Road.Suite 184 Moorpark,CA 93021 (805)523-1914 .FAX 1888)225.0844
Stille Lirense #940869 A,slephl.'n@trafficdl.'velopmentsf.'l'vi('es.c:om
G-45
RESOLUTION OF THE BOARD OF DIRECTORS
OF TRAFfiC DEVELOPMENT SERVICES,INC.
RESOLVED,that the directors of Traffic Development Services,Inc.a California corporation (the
"Corporation"),hereby adopt the following resolution by written consent.
RESOLVED,that the Corporation authorizes Steve Jackson ("Jackson")to sign bidding contracts on behalf
of the Corporation;
RESOLVED that any such bidding documents signed by Jackson shall be binding on the Corporation as if
such docj.lments had been signed by Robert W.Ruffinen ("Ruffinen")as President,Treasurer,and/or
Secretary of the Corporation;<:lnd
RESOLVED,that Jackson's authorization shall expire on the earlier of the following:(a)December 31,
2012;or (b)the date that Rufflnen andlor directors of the Corporation terminate(s)such authorization.
IN WITNESS WHEREOF,this consent has been executed as of this date below.
Dated as of September 12,2012
Anita M.Ruffinen
G-46
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement")is made and
entered into this 15th day of November,2011,by and between the City of Rancho Palos
Verdes,hereinafter referred to as "CITY,"and Willdan Engineering,hereafter referred to as
"CONSULTANT."
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto
mutually agree as follows:
ARTIC,-E 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as the CREST ROAD AT WHITLEY COLLINS
DRIVE PEDESTRIAN CROSSING.
1.2 Description of Services
CONSULTANT shall provide Construction Management and Inspection
services as described in the Scope of Contract Services,attached hereto as Exhibit "A"
and incorporated herein by this reference.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY,CONSULTANT
shall perform with due diligence the specific services requested by the CITY and included
in Exhibit "A."No work shall be done on any item of Exhibit "A"for which CONSULTANT
has not received a written Notice to Proceed.Time is of the essence in this Agreement.
CONSULTANT shall not be responsible for delay,nor shall CONSULTANT
be responsible for damages or be in default or deemed to be in default by reason of
strikes,lockouts,accidents,or acts of God,or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly,or delay or faulty
performance by CITY,other consultants/contractors,or governmental agencies,or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT for services that CITY has
issued to CONSULTANT a Notice to Proceed amounts as set forth in Exhibit "A,"and in
any case a total amount not to exceed sixteen thousand one hundred sixty dollars
Page 1 of 10
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G-47
($16,160.00).The amounts in Exhibit "A"shall be in effect through the end of this
Agreement.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Willdan Engineering
13191 Crossroads Parkway North,Suite 405
Industry,CA 91746-3443
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed in the previous month.CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30)days of receipt of each invoice.CITY agrees to use its
best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10)days of the receipt of each invoice.However,
CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion
percentage shall not be deemed a waiver of CITY's right to challenge such amount or
percentage.
Additionally,in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45)days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10)working days advance written notice.
2.4 Term of Agreement
This Agreement shall commence on the day it is executed,provided that
Certificates of Insurance are current on that date,and this Agreement shall terminate on
June 30,2012,unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
CONSULTANT shall defend,indemnify,and hold the CITY,its officials,
officers,employees,agents and independent contractors serving in the role of CITY
officials,and volunteers (collectively "Indemnitees")free and harmless from any and all
claims,demands,causes of action,costs,expenses,liabilities,losses,damages or injuries,
in law or equity,to property or persons,including wrongful death (collectively "Claims"),in
any m,anner arising out of or incident to any acts or omissions of CONSULTANT,its
officials,officers,employees or agents in connection with the performance of this
Page 2 of10
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Agreement,including without limitation the payment of all consequential damages,
attorneys'fees,and other related costs and expenses,except for such Claims arising out
of the sole negligence or willful misconduct of the Indemnitees.With respect to any and all
such Claims,CONSULTANT shall defend Indemnitees at CONSULTANT's own cost,
expense,and risk and shall pay and satisfy any judgment,award,or decree that may be
rendered against Indemnitees.CONSULTANT shall reimburse Indemnitees for any and all
legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided.CONSULTANT's obligation to indemnify shall not be
restricted to insurance proceeds,if any,received by CONSULTANT or Indemnitees.All
duties of CONSULTANT under this Section shall survive termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain,and keep in full force and effect,a policy or policies of Commercial General
Liability Insurance,with minimum limits of one million dollars ($1,000,000)for each
occurrence and two million dollars ($2,000,000)general aggregate for bodily injury,death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement.Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in A.M.Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement,carry,
maintain,and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1 ,000,000)per claim and aggregate
for errors and/or omissions of CONSULTANT in the performance of this Agreement.Said
policy or policies shall be issued by an insurer admitted to do business in the State of
California and rated in Best's Insurance Guide with a rating of A VII or better.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
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain,and keep in full force and effect,a policy or policies of Automobile Liability
Insurance,with minimum of one million dollars ($1 ,000,000)per claim and occurrence and
two million dollars ($2,000,000)in the aggregate for bodily injuries or death of one person
Page 3 of10
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G-49
and five hundred thousand dollars ($500,000)for property damage arising from one
incident.
3.5 Worker's Compensation
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain,and keep in full force and effect worker's compensation insurance as required by
the law.CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a)All insurance policies shall provide that the insurance coverage shall
not be ca'ncelled 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.
CONSULTANT agrees that it will not cancel or reduce said insurance coverage.
(b)CONSUL TANT agrees that if it does not keep the aforesaid insurance
in full force and effect,CITY may either immediately terminate this Agreement or,if
insurance is available at a reasonable cost,CITY may take out the necessary insurance
and pay,at CONSULTANT's expense,the premium thereon.
3.7 Certificate of Insurance
At all times during the term of this Agreement,CONSULTANT shall maintain
on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are
in effect in the required amounts.The commercial general liability policy shall contain
endorsements naming the CITY,its officers,agents and employees as additional insureds.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY.The insurance policies (other than workers compensation and
professional liability)shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a)This Agreement may be terminated at anytime,with or without cause,
by the CITY upon thirty (30)days prior written notice or by CONSULTANT upon ninety (90)
days prior written notice.Notice shall be deemed served if completed in compliance with
Section 6.14.
Page 4 oflO
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G-50
(b)In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY,due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
in an amount to be determined as follows:for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement,CONSULTANT shall be paid an amount
equal to the percentage of services performed prior to the effective date of termination or
cancellation in accordance with the work items;provided,in no event shall the amount of
money paid under the foregoing provisions of this paragraph exceed the amount which
would have been paid to CONSULTANT for the full performance of the services described
in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents,plans,specifications,reports,information,data,exhibits,
photographs,images,video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products")shall be and remain the property of the
CITY without restriction or limitation upon its use,duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire,"and all Written Products
and any and all intellectual property rights arising from their creation,including,but not
limited to,all copyrights and other proprietary rights,shall be and remain the property of the
CITY without restriction or limitation upon their use,duplication or dissemination by the
CITY.CONSULTANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses,consents or approvals to use any instrumentality,thing or component as to which
any intellectual property right exists,including computer software,used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend,indemnify and hold the CITY,and its elected officials,officers,
employees,servants,attorneys,designated volunteers,and agents serving as independent
contractors in the role of CITY officials,harmless from any loss,claim or liability in 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.CONSULTANT shall bear all costs arising from
the use of patented,copyrighted,trade secret or trademarked documents,materials,
equipment,devices or processes in connection with its provision of the services and
Written Products produced under this Agreement.In the event the use of any of the
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G-51
Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined,CONSULTANT,at its expense,
shall:(a)secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction,or by procuring a license or licenses for CITY;
or (b)modify the Written Products and other deliverables so that they become non-
infringing while remaining in compliance with the requirements of this Agreement.This
covenant shall survive the termination of this Agreement.
Upon termination,abandonment or suspension of the Project,the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project without additional cost or expense to the CITY.If CONSULTANT prepares a
document on a computer,CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee,and CONSULTANT shall notify CITY of CONSULTANT's designated
representative.These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code sections 12940-48),the applicable equal employment provisions of the
Civil Rights Act of 1964 (42 U.S.C.sections 200e-217),and the Americans with Disabilities
Act of 1992 (42 U.S.C.section 11200,et seq.).
6.3 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,all
personnel required to perform CONSULTANT's services under this Agreement.Any
person who performs engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer and/or licensed in the appropriate discipline of Engineering for the work
being conducted by the State of California and in good standing.CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereu nder and shall obtain the approval of the Director of
Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement,but at all times shall CONSULTANT be
respoF)sible for its associates or subcontractors'services.
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6.4 CONSULTANT's Representations
CONSULTANT represents,covenants and agrees that:a)CONSULTANT is licensed,
qualified,and capable of furnishing the labor,materials,and expertise necessary to
perform the services in accordance with the terms and conditions set forth in this
Agreement;b)there are no obligations,commitments,or impediments of any kind that will
limit or prevent CONSULTANT's full performance under this Agreement;c)to the extent
required by the standard of practice,CONSULTANT has investigated and considered the
scope of services performed,has carefully considered how the services should be
performed,and understands the facilities,difficulties and restrictions attending
performance of the services under this Agreement.
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12)months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100)in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.6 Legal Action
(a)Should either party to this Agreement bring legal action against the
other,the validity,interpretation,and performance of this Agreement shall be controlled by
and construed under the laws of the State of California,excluding California's choice of law
rules.Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b)If any legal action or other proceeding,including action for declaratory
relief,is brought for the enforcement of this Agreement or because of an alleged dispute,
breach,default or misrepresentation in connection with this Agreement,the prevailing party
shall be entitled to recover reasonable attorneys'fees,experts'fees,and other costs,in
addition to any other relief to which the party may be entitled.
(c)Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent,CITY shall compensate CONSULTANTfor its
testimony and preparation to testify at reasonable hourly rates,as agreed by the parties.
6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY.Any such purported
assig'1ment without written consent shall be null and void,and CONSULTANT shall hold
harmless,defend and indemnify the CITY and its officers,officials,employees,agents and
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G-53
representatives with respect to any claim,demand or action arising from any unauthorized
assignment.
Notwithstanding the above,CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ,when it is appropriate and customary to
do so.Such persons and entities include,but are not necessarily limited to,surveyors,
specialized consultants,and testing laboratories.CONSULTANT's use of subcontractors
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain,as to the CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees,except as herein set
forth,and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons,firms,or
corporations as the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation,or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent.CONSULTANT shall not,at any
time or in any manner,represent that it or any of its agents,servants or employees,are in
any manner agents,servants or employees of CITY.CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement,and to indemnify
and hold the CITY harmless from any and all taxes,assessments,penalties,and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement.CONSULTANT shall fully comply with the workers'compensation law
regarding CONSULTANT and its employees.CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws.The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.9 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.10 Entire Agreement
This Agreement,including any other documents incorporated herein by
specific reference,represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations,representations or agreements,
either written or oral.This Agreement may be modified or amended,or provisions or
breac~may be waived,only by subsequent written agreement signed by both parties.
Page 8 of10
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6.11 Construction
In the event of any asserted ambiguity in,or dispute regarding the
interpretation of any matter herein,the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.12 Non-Waiver of Terms,Rights and Remedies
Waiver by either party of anyone or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of performance under
this Agreement.In no event shall the making by the CITY of any payment to
CONSUL'TANT constitute or be construed as a waiver by the CITY of any breach of
covenant,or any default which may then exist on the part of CONSULTANT,and the
making of any such payment by the CITY shall in no way impair or prejudice any right or
remedy available to the CITY with regard to such breach or default.
6.13 Severability
If any term or portion of this Agreement is held to be invalid,illegal,or
otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of
this Agreement shall continue in full force and effect.
6.14 Notice
Except as otherwise required by law,any notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed received
on (a)the day of delivery if delivered by hand or overnight courier service during
CONSULTANT's or CITY's regular business hours or (b)on the third business day
following deposit in the United States mail,postage prepaid,to the addresses listed below,
or at such other address as one party may notify the other:
To CITY:
Mr.Tom Odom,Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Mr.Chris Baca,Deputy Director of Construction Management
Willdan Enginering
13191 Crossroads Parkway North,Suite 405
Industry,CA 90746-3443
Page 9 of 10
R6876-0001\1406311v2.doc
G-55
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:_
Dated:_
ATTEST:
By:_
City Clerk
WILLDAN ENGINEERING
("CONSULTANT")
By:_
Printed Name:_
Title:_
By:_
Printed Name:_
Title:------------
CITY OF RANCHO PALOS VERDES
("CITY")
By:_
Mayor
APPROVED AS TO FORM:
By:_
City Attorney
Page 10 of 10
R6876-0001\1406311v2.doc
G-56
R6876-0001\1406311v2.doc
Exhibit "A":Scope of Contract Services
G-57
EXHIBIT A
October 20,2011
Ms.Nicole Jules,PE
Senior Engineer
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275
Subject:Proposal for Professional Construction Contract Administration and
Inspection Services -Crest Road at Whitley Collins Drive Pedestrian
Crossing
Dear Ms.Jules:
Willdan Engineering is pleased to submit this proposal to the City of Rancho Palos Verdes
to provide contract administration and inspection services for the construction of a traffic
beacon located on Whitley Collins Drive.
Our proposal is based on the assumption that the project will take approximately 20
working days to complete and will require the services of a full-time Public Works Observer.
Willdan's proposed Public Works Observer,Mr.Victor Ayala,has over 35 years of public
works construction experience.He recently served as the City of Santa Monica's Traffic
Signal Inspector for a major traffic signal and fiber optic upgrade project.We have included
Mr.Ayala's resume for your review.
As requested,we have provided you with a detailed scope of work,resumes of proposed
personnel,and a proposed fee with hourly rates.
SCOPE OF SERVICES
Construction Observation Services
The construction observation services are generally performed in accordance with the
provisions of the latest editions of the Standard for Public Works Construction "Green
Book",City of Rancho Palos Verdes'Standard Plans,Caltrans Standard Specifications,
and the Public Work Inspector's Manual.Following is a listing of the inspection services,
which will be applied to the City of Rancho Palos Verdes'Traffic Signal Project:
1.Conduct a field investigation of the project area to become familiar with the existing
facilities and the project environment.
Engineering I Geotechnical I Environmental I Financial I Homeland Security
562.908.6200 I 800.499.4484 I fax:562.695.2120 I 13191 Crossroads Parkway North,Suite 405,Industry,CA 91746-3443 I www.willdan.com
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October 20,2011
Page 2
2.Become familiar with traffic control plans,construction schedule,construction
sequence,and permit requirements from other agencies.
3.Meet with City staff to review the scope of work and establish project schedules.
4.Attend preconstruction meeting.
5.Provide full-time construction observation of the work to monitor materials and
methods towards compliance with plans,specifications,and contract documents,
and address and document non-conforming items as they are discovered.
6.Monitor compliance with Cal OSHA requirements and compliance with all local,
state,and federal regulations,including but not limited to,Clean Air Act and Clean
Water Act (NPDES).
7.Observe construction safety and public safety and convenience,and report
discovered discrepancies to construction administrator and City.
8.Evaluate Contractor's operation and production with respect to quality and progress,
and report to construction administrator and City.
9.Maintain copies of all permits needed to construct the project and enforce special
requirements of each.
10.Maintain detailed daily diary on construction progress showing site conditions,
weather conditions,traffic control measures taken by the construction contractor,
labor,equipment,and materials used during the day,quantity of work performed
during the day,and major incidences occurring each day.
11.Prepare clear and concise letters and memorandums,as needed.
12.Maintain field file bound workbooks during construction,including a cumulative
record of quantities constructed,daily and weekly reports,working day reports,
change order documentation,photographs,and other documentation.
13.Provide complete measurements and calculations documented to administer
progress payments and make recommendations for payments.
14.Maintain and submit a clean set of plans marked in red for as-built corrections on
record drawings to be filed with the City.(Agency will be responsible to transfer the
construction observer's record drawings to original Mylar drawings.)
15.Monitor conduit installation,check foundations depths,checkfoundation rebar cage,
monitor installation of conductors (check conductor size and color coding),check
,possible new service installation,and monitor installation of traffic signal controller.
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October 20,2011
Page 3
16.Prepare punch list at substantial completion and follow up.
17.Recommend and schedule,with the City and applicable agencies,the final
inspection.
18.Closely monitor ADA improvements and NPDES conformance.
KEY PERSONNEL
Willdan offers the City of Rancho Palos Verdes a complete staff of experienced
construction engineering personnel with demonstrated capabilities in specially funded
municipal public works construction projects.We propose to assign the following personnel
to your project:
Mr.Victor Ayala,Senior Public Works Observer,will be on the project full-time and
perform all aspects of routine construction observation.He has over 35 years of
construction experience,including numerous projects similar to the City of Rancho Palos
Verdes'Traffic Signal Project.Mr.Ayala has been with Willdan for over 8 years and is
highly cognizant of the special needs of public agencies in terms of good relations with the
surrounding businesses and neighborhoods.
Willdan will be compensated on an hourly basis for providing professional public works
observation services.Our not-to-exceed fee is based on a 20 working-day construction
contract,which will require full-time public works observation.
In addition to the Public Works Observer,Willdan assigns a Supervising Public Works
Observer to each assignment.This individual is responsible for making a weekly visit to the
job site to verify that the inspector's paperwork is in order and to assist with any issues
associated with the project that may require additional experience or knowledge.The
estimated amount of time associated with this task is approximately 2 hours per week and
the associated billing rate for this individual is $120.00 per hour.
The following is a schedule of hourly billing rates for the proposed personnel:
WORK DESCRIPTION TOTAL Senior P.W.TOTALHOURSHourlyRate
Supervising Public Works Observer 8 $120 $960
Senior Public Works Inspector 160 $95 $15,200
Total 168 $16,160
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October 20,2011
Page 4
The personnel's hourly billing rate stated above includes a vehicle for use by our inspector,
cell phone with local number,and other communication devices.
The above schedule is for straight time.Overtime will be charged at 1.25 times the
standard hourly rates.Sundays and holidays will be charged at 1.70 times the standard
hourly rates.
Blueprinting,reproduction,messenger services,and printing will be invoiced at cost plus 15
percent.
A subconsultant management fee of 15 percent will be added to the direct cost of all
subconl?ultant services to provide for the cost of administration,consultation,and
coordination.
These hourly rates are effective through December 31,2012,and may be adjusted after
that date to compensate for labor adjustments and other increases in costs.
Thank you for the opportunity to provide you with this proposal.We look forward to working
with you.If you have any questions,please contact Mr.Chris Baca at (562)908-6296.
Respectfully submitted,
WILLDAN ENGINEERING
~':6~
Chris Baca,RCI
Deputy Director of Construction Management
Enclosure
CB:mh
91005-11\06-150\P11-193_4836
G-61
Registration
License:California State
Contractors C-10
Certificate of Completion
in Fiber Optic Theory,
AQMD,and Professional
Development Cert.from
the Asphalt Institute
35 Years'Experience
Victor Ayala
Senior Public Works Observer
As a Senior Public Works Observer for Willdan,Mr.Victor Ayala is responsible for the
inspection of large-scale public works projects.His experience includes over 35 years
of pUblic works construction experience including:assignments in administration and
inspection of subdivisions,traffic signals,fiber optics,storm drains,sanitary sewers,
ARHM overlays,conventional asphalt overlays,and street beautification projects with
raised landscape medians and decorative parkway renovations.
In addition,Mr.Ayala brings to Willdan 30 years of experience in all areas of traffic
signal installation and inspection.His traffic signal and public works inspection
experience includes:
•inspection of traffic signal installations,preparation of punch lists,and coordination
with contractors;
•coordinated the purchase of a wide variety of signal and electrical products;
•installation and maintenance of traffic signal controllers and equipment,fiber optic
equipment and splice fiber-optic cable;
•inspection and installation of signal hardware,poles,streetlights,and signs;
•installation of conduits,pull boxes,wire,duct banks and vaults,and all necessary
equipment;
•assistance in the development of plans and specifications for Caltrans,cities,and
various government projects;
•negotiation and management of project change orders and contract modifications;
•preparation of invoicing and certified payroll;
•assistance in the installation and inspection of telemetry systems;
•coordinate with contractors,Caltrans,cities,USA and utility companies;
•tracking and handling of contract quantities,changes,and correspondence;
•administration and inspection of subdivisions;
•inspection of subdivision and capital improvement projects;
•inspection of compaction of sub grade,and base grade materials;
•inspection of traffic signal installation and modifications;
•inspect the installation of storm drain,RCP,catch basin,box culvert,junction
structures,transition structures inlet and outlet structures with wing wall;
•inspection of sewer systems and repair;
•inspection of Asphalt Rubberized Hot Mix (ARHM)and conventional asphalt
overlays;
•inspection of new street construction from sub grade to final cap;
•inspection of curb and gutter,spandrels,cross gutter,sidewalk,and driveway
approaches;
•inspection of water main,fire hydrant,new meters,and hot tap installation;
•inspection of grade elevations using a smart level,flow liner,peep site,and laser.
G-62
Victor Ayala
Continued
Recent Examples of Relevant Project Experience
Transit Priority Project,City of Santa Monica,California.Mr.Ayala provided public
works observation and administration services for the project.The project involved the
installation of new fiber optic lines in Santa Monica Boulevard (Berkley to Lincoln)and
Wilshire Boulevard (Berkley to Lincoln).Specifically,the project involved the
installation of approximately 30,000 LF of fiber optic,changing of cabinets from P type
cabinets to 332,traffic signal controller upgrades,wireless access points,interduct
installation,and rewiring of existing traffic signals.Willdan provided construction
management and inspection services for the project.
On-Call Public Works Observation,City of Calimesa,California.Mr.Ayala is
providing on-call public works observation services for three housing tracts.Mr.
Ayala's inspection duties include the inspection of the rough and final grading,dry
utilities,monitoring compaction,roadway,sidewalk,curb/gutter and other appurtenant
work.
On-Call Public Works Observation,County of Riverside,California.Mr.Ayala is
providing on-call public works observation services to the County of Riverside.The
work involves the inspection of various types of public works projects throughout the
County and includes such projects as tract housing,cash contracts,traffic signals,and
storm damage assessment.
Sewer System Project,City of La Canada Flintridge,California.Mr.Ayala
provided inspection services on this $14,000,000 project which included installation of
the entire sewer system on the west side of the City.Extreme depths were involved
and large concentrations of massive rocks and boulders were commonplace.
Unstable soil was also a continuous challenge.Pipe sizes ranged up to 24-inch
diameter.In addition,two lift stations were installed as well as the utilization of micro
boring,which ranged in length from 40 to 100 feet.
G-63