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RPVCCA_CC_SR_2011_12_06_F_Construction_Contracts_For_Miraleste_Plaza
CrTYOF TO: FROM: DATE: SUBJECT: MEMORANDUM HONORABLE MAYOR &CITY COUNCIL MEMBERS TOM ODOM,DIRECTOR OF PUBLIC WORK,.q~ DECEMBER 6,2011 V AWARD CONSTRUCTION AND CONSTRUCTION MANAGEMENT/INSPECTION SERVICES CONTRACTS FOR THE MIRALESTE PLAZA ACCESS RAMPS -ADA COMPLIANCE PROJECT REVIEWED:CAROLYN LEHR,CITY MANAGER ~ Project Manager:Nicole Jules,Senior Engineer -(\~ RECOMMENDATIONS 1)Approve the construction plans and contract documents,on file in the Department of Public Works,for the Miraleste Plaza Access Ramps -ADA Compliance Project; 2)Award a construction contract to CJ Concrete Construction,Inc.in the amount of $56,626.50 for the project; 3)Award a professional services contract to Merit Civil Engineering in the amount of $15,982 for project construction management and inspection services; 4)Authorize staff to utilize an additional 10%($7,260.85)for contingency;and 5)Authorize the Mayor and City Clerk to execute the agreements. BACKGROUND The City of Rancho Palos Verdes (RPV)has participated in the Los Angeles Urban County's Community Development Block Grant (CDBG)Program since 1986.The program funds local community development projects that meet national objectives.The Miraleste Plaza Access Ramps -ADA Compliance project meets the objectives of the CDBG eligible activities and has been adopted by City Council as an approved project. F-1 DISCUSSION The project scope includes construction of six handicap access ramps,sidewalk,curb and gutter repair,relocation of storm drain inlets,and signing and striping modifications. The project improvements will upgrade the existing conditions of plaza to be ADA accessible and compliant. Construction Contract The project was publicly advertised and sealed bids were received and opened on November 3,2011.CJ Concrete Construction,Inc.submitted the lowest responsive bid out of the 11 bids received.The following table summarizes the bids received: BID SUMMARY Construction Companies Bid Amount C.J.Concrete Construction,Inc.$56,626.50 HYM Engineering,Inc.$57,715.00 Garcia Juarez Construction Inc.$62,470.00 Simich Construction $66,578.00 S.J.Grigolla Construction Company,Inc.$66,621.00 Martinez Concrete Inc.$76,574.50 Gamma Builders,Inc.$77,066.00 Excel Paving Co.$78,148.00 EI Camino Construction $78,953.75 Hardy &Harper Inc.$89,663.00 G Coast Construction,Inc.$133,500.00 Staff has verified C.J.Concrete Construction Inc.'s references and found their past performance on jobs of similar size and scope to be satisfactory.C.J.Concrete Construction has successfully completed a past project in Rancho Palos Verdes and several other municipal projects including concrete improvements for the cities of Santa Monica,Orange and Costa Mesa.C.J.Concrete Construction Inc.'s 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 professional proposals from three firms to provide construction management and inspection services.Proposals were received from CBM/KOA,Harris &Associates and Merit Civil Engineering.Utilizing the Quality- based Selection (QBS)for acquiring professional services,staff chose to utilize the services of Merit Civil Engineering based on their unique experience and familiarity of the project scope.A professional service contract in the amount of $15,982 is recommended for award based on Merit Civil Engineering qualifications,service history and professional experience. F-2 The budget appropriation for this project includes $26,847 of CDSG funding and $53,022.35 of Water Quality funding. 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. FISCAL IMPACT The recommended action will result in a total project authorized expenditure of $79,869.35.Funding for the project is included in the Water Quality and CDSG program of the FY ~1-12 budget. Attachments:C.J.Concrete Construction Contract Merit Civil Engineering Professional Services Agreement F-3 CHECKLIST FOR EXECUTION OF CONSTRUCTION CONTRACT TO BE SUBMITTED BY SUCCESSFUL BIDDER: o Two Executed Notarized Copies of the Contract (Attached) o Payment Bond in Amount of Contract (Attached) o Performance Bond in Amount of Contract (Attached) o Workers Compensation Certificate (Attached) o Allln~urance Certificates in the amounts required,Naming the City as a Co-insured o Agreement to Comply with California Labor Law Requirements (Attached) o Business License with the City of Rancho Palos Verdes o Indemnification and Hold Harmless Agreement (Attached) o Additional Insured Endorsement -Comprehensive General Liability (Attached) o Additional Insured Endorsement -Automobile Liability (Attached) o Additional Insured Endorsement -Excess Liability (Attached) o Statement Acknowledging Penal &Civil Penalties Concerning Contractors'Licensing Laws (Attached) o Non-Segregated Facilities Certification (Attached) o Equal Employment Opportunity Commitment (Attached) o U.S.Department of Housing and Urban Development Report of Additional Classification and Rate (HUD Form 4230A)(Attached) o Past Performance Certification (Attached) o Fringe Benefit Payment Certification (Attached) o Los Angeles County Lobbyist Certification (Attached) o Federal Lobbyist Requirements Certification (Attached) SPC06-62 C -1 F-4 CITY OF RANCHO PALOS VERDES AGREEMENT FOR MIRALESTE ACCESS RAMPS -ADA COMPLIANCE (Community Development Block Grant Project #601371-10) THIS AGREEMENT (the "Agreement")is made and entered this 6th day of December,2011,by and between the CITY OF RANCHO PALOS VERDES,a California municipal corporation ("City")and CJ Concrete Construction,Inc.("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 MIRALESTE ACCESS RAMPS -ADA COMPLIANCE ("Project"),as described in this Agreement and in the Bid Documents (including the Notice Inviting Sealed Bids,the Instructions to Bidders,the General Provisions,the Special Provisions,the Proposal,the Appendices,and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents),which are attached hereto as Exhibit "A"and incorporated herein by this reference,including miscellaneous appurtenant work.All work shall be performed in accordance with the latest edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook"),including supplements,prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California (collectively "Standard Specifications"),which is incorporated herein by this reference.In the event of any conflict between the terms of this Agreement and incorporated documents,the terms of this Agreement shall control. 2.Force Majeure.Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control,including but not limited to acts of God,acts of the public enemy,acts of the Government,fires,floods or other casualty,epidemics,earthquakes,labor stoppages or slowdowns,freight embargoes,unusually severe weather,and supplier delays due to such causes.Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section.Each party shall notify the other promptly in writing of each such excusable delay,its cause and its expected delay,and shall upon request update such notice. 3.Compensation.In consideration of the services rendered hereunder,City shall pay Contractor a not to exceed amount of fifty six thousand six hundred twenty six dollars and fifty cents ($56,626.50)in accordance with the prices as submitted in Contractor's Proposal,attached hereto as Exhibit "B"and incorporated herein by this reference. 4.Payments.City shall make payments within thirty (30)days after receipt of undisputed and properly submitted payment requests from Contractor.City shall return to Contractor any payment 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. 5.Time.Upon receipt of written Notice to Proceed from the City,Contractor shall perform with due diligence the services requested by the City as specified in the Bid Documents.Time is of the essence in this Agreement. 6.Disputes.In the event of dispute arising under this Agreement,Contractor shall notify the City promptly in writing of its contentions and submit the claim.If the dispute arises before performance of the related work,the written notice shall be submitted prior to commencing such work.Contractor shall proceed with such work in compliance with the instructions of the City and shall not be excused from any scheduled completion date provided for by the Agreement;such compliance shall not be a waiver of the Contractor's R6876-0001\1393725vl.doc C-l F-5 rights to make a claim,provided it has notified the City in writing as above stipulated.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. 7.Default and Remedies. a.Default shall consist of any failure by the Contractor to perform under this Agreement or written amendments thereto or any breach of any covenant,agreement,provision or warranty provided by the Contractor as a part of this Agreement.Actions which constitute a default include,but are not limited to: (1)failure to submit to the City reports which are required pursuant to this Agreement or the submission of required reports that are incorrect or incomplete;(2)submission of requests for payment or reimbursement of amounts that are incorrect or incomplete;(3)the failure of Contractor to accept any additional conditions which may be'required by law,by executive order,by regulation or by other policy announced by the City, the state or any federal agency;or (4)failure to perform any activity required by this Agreement. b.Upon occurrence of any default,the City shall advise Contractor in writing of the action constituting the default,and specify the actions that must be taken to cure the default.The City may suspend payment under the Agreement.If Contractor does not cure the default within thirty (30)days of receipt of written notice from the City,the City may continue the suspension or,by written notice of termination,may terminate this Agreement. c.Notwithstanding the above,Contractor shall not be relieved of liability to the City for damage sustained by the City by virtue of any default or breach of the Agreement,and the City may deduct the amount of damages from any outstanding payments to Contractor or may withhold payments until such time as the exact amount of the damages is determined. 8.Termination. a.The City may cancel this Agreement at any time with or without cause without penalty upon thirty (30)days'written notice.In the event of termination without fault of Contractor,City shall pay Contractor for all services satisfactorily rendered prior to date of termination,and such payment shall be in full satisfaction of all services rendered hereunder. b.If federal funding for this Agreement is terminated and no other funding is available for continuation of this project,the City will not be obligated to continue funding for the services contained in this Agreement and may terminate the Agreement. c.In the event of termination,all property and finished or unfinished documents,data,studies, surveys,drawings,maps,models,photographs and reports prepared by or purchased with CDBG/HOME funds by the Contractor under this Agreement shall,at the option of the City,become City's property,and Contractor shall be entitled to receive just and equitable compensation,as determined by the City,for any work satisfactorily completed hereunder. 9.Incorporation by Reference.All of the following documents are attached hereto and incorporated herein by this reference:City of Rancho Palos Verdes Instructions for Execution of Instruments;Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract;Workers'Compensation Certificate of Insurance;Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution;Additional Insured Endorsement (Comprehensive General Liability);Additional Insured Endorsement (Automobile Liability);Additional Insured Endorsement (Excess Liability);Non-Segregated R6876-0001\1393725vl.doc C-2 F-6 Facilities Certification;Equal Employment Opportunity Commitment;U.S.Department of Housing and Urban Development Report of Additional Classification and Rate (HUD Form 4230A);U.S.Department of Labor Employment Standards Administration Wage and Hour Division Payroll;Contracting with Small Business Minority Firms,Women's Business Enterprise and Labor Surplus Area Firms;Federal Equal Employment Opportunityt Affirmative Action Requirements;Past Performance Certification;and Fringe Benefit Payment Certification. 10.Record-Keeping and Reporting. a.Records to be Kept.Records shall be maintained in accordance with the requirements prescribed by the Secretary of Housing and Urban Development ("HUD")or the County of Los Angeles (the "County")with respect to all matters covered by this Agreement.Except as otherwise authorized by HUD, such records shall be maintained for a period of five (5)years after receipt of the final payment under this Agreement.Additionally,pursuantto Government Code Section 8546.7,Contractor shall be subjectto State Auditor examination and audit at the request of the City or as part of any audit of the City,for a period of three (3)years after final payment under this Agreement. b.Documentation of Costs.All costs shall be supported by properly executed payrolls,time records,invoices,contracts,vouchers,orders or other accounting documents.All documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. c.Inspection of Records.At any time during normal business hours and as often as City, County,HUD andtor the Comptroller General of the United States may deem necessary,the Contractor shall make available to any of these entities for examination all of its records,with respect to all matters covered by this Agreement,and will permit any of these entities to audit,examine and make excerpts or transcripts from such records,inclUding contracts,invoices,materials,payrolls,records of personnel, conditions of employment and any other data relating to matters covered by this Agreement. 11.Lobbying Certifications.The Los Angeles County Lobbyist Code Chapter 2.160 County Ordinance No.93-0031 Certification and the Federal Lobbyist Requirements Certification are attached hereto and incorporated herein by this reference.Consultant shall complete and file these Certifications as required by the City or the County. 12.Taxes.Contractor shall calculate payment for all sales,unemployment,old age pension and other taxes imposed by local,State of California and federal law.These payments are included in the total amounts in Exhibit "B." 13.Trenching and Excavations.If the project involves trenching more than four (4)feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any: material that Contractor believes may be material that is hazardous waste,as defined in California Health and Safety Code Section 25117,that is required to be removed to a Class I,Class II,or Class III disposal site in accordance with provisions of existing law;subsurface or latent physical conditions at the site differing from those indicated;or unknown physical conditions at the site of any unusual nature,different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement.The City shall promptly investigate the conditions,and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor's cost of or the time required for performance of any part of the work,the City shall issue a change order. 14.Utilities.The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. R6876-0001\1393725vl.doc C-3 F-7 15.Location of Existing Elements.The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor's sole responsibility.Accuracy of information furnished,as to existing conditions,is not guaranteed by the City.Contractor,at its sole expense,must make all investigations necessary to determine locations of existing elements,which may include,without limitation,contacting U.S.A.Alert and other private underground locating firm(s),utilizing specialized locating equipment and/or hand trenching. 16.Antitrust Claims.Pursuant to Public Contract Code Section 7103.5,Contractor offers and agrees to assign to the City all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.Section 15)or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code)arising from purchases of goods, services,or materials pursuant to the Agreement.This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 17.Independent Contractor.Contractor is and shall at all times remain,as to the City,a wholly independent contractor.Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees,except as herein set forth,and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons,firms,or corporations at the Contractor wishes except as expressly provided in this Agreement.Contractor shall have no power to incur any debt,obligation,or liability on behalf of the City,bind the City in any manner,or otherwise act on behalf of the City as an agent.Contractor shall not,at any time or in any manner,represent that it or any of its agents,servants or employees,are in any manner agents,servants or employees of City.Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement,and to indemnify and hold the City harmless from any and all taxes, assessments,penalties,and interest asserted against the City by reason of the independent contractor relationship created by this Agreement.Contractor shall fully comply with the workers'compensation law regarding Contractor and its employees.Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers'compensation laws.The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 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 of this contract." 19.Debarred,Suspended or Ineligible Contractors.Contractor shall not be,and shall ensure all subcontractors are not,debarred,suspended or placed in eligibility status under the provisions of 24 C.F.R. Part 24 throughout the duration of this Agreement.Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code sections 1777.1 or 1777.7. 20.Discrimination and Executive Order 11246.Contractor shall adhere to all federal discrimination requirements,including Executive Order 11246,as listed in the Federal Discrimination Provisions,which is attached hereto and incorporated herein by this reference.Contractor shall also adhere to the Equal Employment Opportunity Regulations for Federally Assisted Construction Contracts,which is attached hereto and incorporated herein by this reference.Contractor shall ensure equal opportunity to all persons without regard to race,color,gender,sexual orientation,religion,national origin,ancestry,age,marital R6876-0001 \1393725vl.doc C-4 F-8 status,or disability. 21.Conflicts of Interest. a.Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12)months after completion of the work under this Agreement which is or may likely make Contractor "financially interested,"as provided in Government Code Section 1090 and 87100,in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. b.No official,officer,employee,or agent of the City or Contractor shall have any financial interest,direct or indirect,in any contract or subcontract,or the proceeds thereof,for work to be performed in connection with the program assisted under this Agreement.Immediate family members of said officials, officers,employees,and agents are similarly barred from having any financial interest in the program. c..No person who exercises,or has exercised any function or responsibilities with respect to CDBG activities,orwho is in a position to participate in a decision making process orgain inside information with regards to such activities,may obtain a financial interest or benefit from a CDBG-assisted activity,or have a financial interest in any contract,subcontract,or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity,either for themselves or those with whom they have business or immediate family ties,during their tenure or for one year thereafter. d.Contractor shall take appropriate steps to assure compliance with paragraph (b)of this Section and will incorporate the following provision into every subcontract:. "Interest of Subcontractor and Employees.The Subcontractor covenants that no person who presently exercises any functions or responsibilities in connection with the Community Development Block Grant Program has any personal financial interest, direct or indirect,in this Contract.Any interest on the part of the Subcontractor or his employees must be disclosed to the Recipient and the Town,provided,however,that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation by residents of the area." 22.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. 23.Davis-Bacon Act.Copeland Anti-Kickback Act.and Prevailing Wages.City and Contractor acknowledge that this project is a public work to which prevailing wages apply.City and Contractor acknowledge that this is a federally assisted construction contract and that federal labor standards provisions,including prevailing wage requirements of the Davis-Bacon Act and related acts,are incorporated by this reference and will be enforced.Contractor understands that in the event of a conflict between the Federal General Wage Decision as established by the United States Department of Labor (available at www.access.gpo.gov/davisbacon/ca.html)and the State General Prevailing Wage Determination as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm).the higher of the two will prevail.The documents titled U.S. Department of Housing and Urban Development Office of Labor Relations Federal Labor Standards Provisions and Agreement to Comply with California Labor Law Requirements are attached hereto and incorporated herein by this reference.Eight hours of labor constitutes a legal day's work. 24.Contract Work Hours and Safety Standards Act.In employing mechanics or laborers,Contractor R6876-000 1\1393 725v l.doc C-5 F-9 shall comply with the Contract Work Hours and Safety Standards Act (40 USC §§3701 et seq.),as supplemented by Department of Labor Regulations contained in 29 C.F.R.Parts 3,5 and 5a.Contractor shall not require or permit any laborer or mechanic,in any workweek in which the laborer or mechanic is employed on that work,to work more than forty (40)hours in that workweek,except as provided in the Contract Work Hours and Safety Standards Act.When a violation occurs,Contractor is liable to the affected employee for the employee's unpaid wages and to the City for liquidated damages equal to ten dollars ($10) for each calendar day on which the individual was required or permitted to work in excess of the standard workweek without payment of the overtime wages required by this chapter. 25.Compliance with Laws.Contractor shall comply with all applicable federal,state and local laws, ordinances,codes and regulations in force at the time Contractor performs pursuant to this Agreement, including those governing the funds provided under this Agreement. 26.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. 27.Contractor's Representations.Contractor represents,covenants and agrees that:a)Contractor is licensed,qualified,and capable of furnishing the labor,materials,and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement;b)there are no obligations, commitments,or impediments of any kind that will limit or prevent its full performance under this Agreement; c)there is no litigation pending against Contractor,and Contractor is not the subject of any criminal investigation or proceeding;and d)to Contractor's actual knowledge,neither Contractor nor its personnel have been convicted of a felony. 28.Non-Assignability;Subcontracting.Contractor shall not assign or transfer any interest in this Agreement nor any part thereof,whether by assignment or novation,withoutthe City's prior written consent. Any purported assignment without written consent shall be null,void,and of no effect,and Contractor shall hold harmless,defend and indemnify the City and its officers,officials,employees,agents and representatives with respect to any claim,demand or action arising from or relating to any unauthorized assignment. 29.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. 30.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. 31.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. 32.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. 33.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 R6876-0001 \1393725vl.doc C-6 F-10 supersedes all prior oral or written negotiations,representations or agreements. 34.Amendment.The City or Contractor may only modify or amend this Agreement or any provision herein in a writing signed by both parties which expressly refers to this Agreement.The City may,at its discretion,amend this Agreement to conform with federal,state or local governmental guidelines,policies and available funding amount,or for other reasons.If such amendments result in a change in the funding, the scope of services,or schedule of the activities to be undertaken as a part of this Agreement,such modifications will be incorporated only by written amendments signed by both the City and Contractor. 35.Construction.In the event of any asserted ambiguity in,or dispute regarding the interpretation of any matter herein,the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 36.Non-waiver of Terms.Rights and Remedies.Waiver by either party of 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. 37.Notice.Except as otherwise required by law,any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a)the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or (b)on the third business day following deposit in the United States mail,postage prepaid,to the addresses listed below,or at such other address as one party may notify the other: To CITY: Mr.Tom Odom,Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 To CONTRACTOR: The address listed in Exhibit "B." 38.Counterparts.This Agreement may be executed in counterpart originals,duplicate originals,or both, each of which is deemed to be an original for all purposes. 39.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. R6876-0001 \1393725vl.doc C-7 F-11 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:_ By:_ Printed Name:_ Date:_ R6876-0001\1393725vl.doc C-8 F-12 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.Byan 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.Bya 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.Bya 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 ) )55. COUNTY OF ) On ,20 __,before me,the undersigned,appeared known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary of the corporation that executed the within instrument,and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council. WITNESS my signature and seal. Notary Public (Seal) R6876-0001\1393725vl.doc C-9 F-13 INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES PUBLIC WORKS CONTRACT The Contractor shall at all times,during the term of this contract,carry,maintain and keep in full force and effect,a policy or policies of comprehensive public liability insurance with an insurance company admitted to write insurance in California,or carriers with a rating of,or equivalent to,A:Vll by A.M.Best &Company to,and approved by,the Director of Public Works and City Attorney, within minimum limits of one Million Dollars ($1 ,000,000.00)combined single limit coverage with an aggregate of Two Million Dollars ($2,000,000.00)against any injury,death,loss or damage as a result of wrongful or negligent acts or omissions by the Contractor,its officers, employees,agents, and independent contractors in performance of services under this agreement;(2)Automotive liability insurance with a minimum combined single limits coverage of One Million Dollars ($1,000,000.00)with an aggregate of Two Million Dollars ($2,000.000.00);and (3)workers' compensation insurance as required by law.The contractor shall at all times during the term of this contract carry,maintain and keep in full force and effect a policy or policies of workers' compensation insurance and shall provide to the City evidence of such coverage in the form set forth herein.The City,its officers, employees,attorneys,and volunteers shall be named as additional insured on the policy (ies)as to comprehensive general liability,automotive liability,and worker's compensation coverages. a)All insurance policies shall provide that the insurance coverage shall not be non- renewed,canceled,reduced,or otherwise modified (except through the addition of additional insured to the policy)by the insurance carrier without the insurance carrier giving the City thirty (30)day's prior written notice thereof.The Contractor agrees that it will not cancel,reduce,or otherwise modify said insurance coverage. b)The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect,and such insurance is available at a reasonable cost,the City may take out the necessary insurance and the pay the premium thereon,and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted,at the option of the City,from payments due to the Contractor. c)The Contractor shall submit to the City (1)insurance certificate indicating compliance with the minimum worker's compensation insurance requirements above,and (2) insurance policy endorsements above,not less than one (1)day prior to beginning of performance under this Agreement.Endorsements must be executed on the City's appropriate standard forms entitled "Additionallnsured Endorsement,"copies of which are attached hereto. R687 6-0001 \1393 725v l.doc C-lO F-14 Bond No._ PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the _ ("Public Agency"),has awarded to _ (Name and address of Contractor) ("Principal"),~contract (the "Contract")for the work described as follows: MIRALESTE ACCESS RAMPS·ADA COMPLIANCE (Community Development Block Grant Project #601371·10) WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,material persons,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and _ (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are held and firmly bound unto the Public Agency in the penal sum of _ Dollars ($),this amount being not less than hundred percent(100%)of the total contract price,in lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors,and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,heror 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. R6876-0001\1393725vl.doc C-ll F-15 Further,the Surety,for value received,hereby stipulates and agrees that no change,extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed there under, or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications there under.Surety hereby waives the provisions of California Civil Code 2845 and 2849. IN WITNESS WHEREOF,two (2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated:_ "Principal" 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 ofthe authority ofany person signing as attorney-in-fact must be attached. R6876-0001\1393725vl.doc C-12 F-16 Bond No._ PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the _ ("Public Agency"),has awarded to _ (Name and address of Contractor) ("Principal"),a contract (the "Contract")for the work described as follows: MIRALESTE ACCESS RAMPS·ADA COMPLIANCE (Community Development Block Grant Project #601371·1 O) WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and _ (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are held and firmly bound unto the Public Agency in the penal sum of _ Dollars ($),this amount being not less than the total contract price,in lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs,executors, administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform all the undertakings,terms, covenants,conditions and 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 there under, 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 there under.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. R687 6-0001 \1393 725v l.doc C-13 F-17 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 ofthe authority ofany person signing as attorney-in-fact must be attached R6876-0001 \1393725vl.doc C-14 F-18 Workers'Compensation Certificate of Insurance WHEREAS,the City of Rancho Palos Verdes has required certain insurance to be provided by: NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insured and that the same are in force at this time: 1.This certificate is issued to: City of.Rancho Palos Verdes City Hall 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275 2.The insured under such policy or policies are: 3.Workers'Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insured as follows: Policy Number Effective Date Expiration Date 4.Said policy or policies shall not be canceled,nor shall there be any reduction in coverage or limits of liability,unless and until thirty days'written notice thereof has been served upon the City Clerk of the City of Rancho Palos Verdes By:_-:---:---:---:---:-:::--_ Its Authorized Representative R6876-0001\1393725vl.doc C-15 F-19 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [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 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages.The Contractor shall,as a penalty to the 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 (1)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 conceming 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 provisions 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 _Signature _ R6876-0001 \1393725vl.doc C-16 F-20 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION ContractlAgreementlLicense/Permit No.or description:_ Indemnitor(s)(list all names): To the fullest extent permitted by law,Indemnitor hereby agrees,at its sole cost and expense,to defend, protect,indemnify,and hold harmless the City of Rancho Palos Verdes and its elected officials,officers, attorneys,agents,employees,volunteers,successors,and assigns (collectively "Indemnitees")from and against any and all damages,costs,expenses,liabilities,claims,demands,causes of action,proceedings, expenses,jUdgments,penalties,liens,and losses of any nature whatsoever,including fees of accountants, attorneys,or other professionals and all costs associated therewith (collectively "Liabilities"),arising or claimed to arise,directly or indirectly,out of,in connection with,resulting from,or related to any act,failure to act,error,or omission of Indemnitor or any of its officers,agents,servants,employees,subcontractors, material persons,suppliers or their officers,agents,servants or employees,arising or claimed to arise, directly or indirectly,out of,in connection with,resulting from,or related to the above-referenced contract, agreement,license,or permit (the "Agreement")or the performance or failure to perform any term, provision,covenant,or condition of the Agreement,including this indemnity provision.This indemnity provision is effective regardless of any prior,concurrent,or subsequent active or passive negligence by Indemnitees and shall operate to fUlly indemnify Indemnitees against any such negligence.This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision,and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision.Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing,nothing in this instrument shall be construed to encompass (a)Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a)or (b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b).This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have bee,n 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 Name _ By:_ Its R6876-0001\1393725vl.doc C-17 F-21 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured (''Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s),permit(s),license(s),and/or activity (ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in pny endorsement now or hereafter attached thereto,it is agreed as follows: 1.The _ ("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional insured (the above named additional insured are hereafter referred to as the "Additional Insured")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured.The Additional Insured have no liability for the payment of any premiums or assessments under the Policy. 2.The insurance coverage afforded the Additional Insured under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage provided by the Policy. 3.Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4.Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy.All such claims shall be covered as third-party claims,Le.,in the same manner as if separate policies had been issued to each insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5.The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insured. 6.The policy to which this endorsement is attached shall not be subject to cancellation,change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereof.In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7.Company hereby waives all rights of subrogation and contribution against the Additional Insured,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent active or passive negligence by the Additional Insured. R6876-0001\1393725vl.doc C-18 F-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 of Rancho Palos Verdes 10.Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROMfTO LIMITS OF LIABILITY 11.Scheduled items or locations are to be identified on an attached sheet.The following inclusions relate to the above coverage.Includes: D Contractual Liability D Owners/LandlordslTenants D Manufacturers/Contractors D Products/Completed Operations D Broad Form Property Damage D Extended Bodily Injury D Broad Form Comprehensive General Liability Endorsement D Explosion Hazard D Collapse Hazard D Underground Property Damage D Pollution Liability D Liquor Liability D _ D _ D _ 12.A D deductible or D self-insured retention (check one)of $._ applies to all coverage(s)except:~---.,..._- (if none,so state).The deductible is applicable D per claim or D per occurrence (check one). 13.This is an D occurrence or D claims made policy (check one). 14.This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number _ I,(print name),hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed ,20_ Signature of Authorized Representative (Original signature only;no facsimile signature R6876-0001\1393725vl.doc C-19 F-23 Telephone No.:(__)_or initialed signature accepted) ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured (''Named Insured'):_ Name and address of Insurance Company ("Company'):_ General description of agreement(s),permit(s),license(s),and/or activity(ies)insured:. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1.The _-:--_:--:-::-:--:--~~------------------ ("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional insured (the above named additional insured are hereafter referred to as the "Additional Insured")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured.The Additional Insured have no liability for the payment of any premiums or assessments under the Policy. 2.The insurance coverage afforded the Additional Insured under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage provided by the Policy. 3.Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4.Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy.All such claims shall be covered as third-party claims,Le.,in the same manner as if separate policies had been issued to each insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5.The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insured. 6.The policy to which this endorsement is attached shall not be subject to cancellation,change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereto.In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7.Company hereby waives all rights of subrogation and contribution against the Additional Insured,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or R6876-0001\1393725vl.doc C-20 F-24 incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent active or passive negligence by the Additional Insured. 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 THIS ENDORSEMENT ATTACHES POLICY PERIOD FROMITO LIMITS OF LIABILITY 11.Scheduled items or locations are to be identified on an attached sheet.The following inclusions relate to the above coverage.Includes: 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 0 deductible or 0 self-insured retention (check one)of $appiesb all coverage(s)except:(if none,so state).The deductible is applicable G per claim or G per occurrence (check one). 13.This is an 0 occurrence or 0 claims made policy (check one). 14.This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number I,(print name),hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed ,20_ R6876-000 1\1393 725v l.doc c-21 F-25 Telephone No.:(__)_ Signature of Authorized Representative (Original signature only;no facsimile signature or initialed signature accepted) R6876-0001 \1393725vl.doc C-22 F-26 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured (''Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s),permit(s),license(s),and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1.The .,.....--:-..,--,......",,,,....,..-=---=,.....-_....,.,.-----,__-:--__--:---:---:-_ ("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional insured (the above named additional insured are hereafter referred to as the "Additional Insured")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured.The Additional Insured have no liability for the payment of any premiums or assessments under the Policy. 2.The insurance coverage afforded the Additional Insured under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage provided by the Policy. 3.Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought,except with respect to the limits of the Company's liability. 4.Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy.All such claims shall be covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5.The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insured. 6.The policy to which this endorsement is attached shall not be subject to cancellation,change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereto.In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7.Company hereby waives all rights of subrogation and contribution against the Additional Insured,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent active or passive negligence by the Additional Insured. SPC06-62 C-23 F-27 8.It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance. 9.This endorsement and all notices given hereunder shall be sent to Public Agency at: 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 ENDORSEtI.1ENT ATTACHES POLICY PERIOD FROMITO LIMITS OF LIABILITY D Following Form D Umbrella Liability D _ 11.Applicable underlying coverage: INSURANCE COMPANY POLICY NO.AMOUNT 12.The following inclusions,exclusions,extensions or specific provisions relate to the above coverage: 13.A D deductible or D self-insured retention (check one)of $_ applies to all coverage(s)except:_ (if none,so state).The deductible is applicable D per claim or D per occurrence (check one). 14.This is an D occurrence or D claims made policy (check one). 15.This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number _ I,(print name),hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed ,20 Telephone No.:(__)_ SPC06-62 Signature of Authorized Representative (Original signature only;no facsimile signature or initialed signature accepted) C-24 F-28 FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Name of Firm:Date:_ Address:_ State:Zip Code:Phone No.:_ Acting on behalf of the above named firm,as its Authorized Official,I make the following Certification to the Department of Housing and Urban Development (HUD)and the Community Development Commission,County of Los Angeles: 1.No Federal appropriated funds have been paid,by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of and Federal grant,loan or cooperative agreement,and any extension,continuation,renewal, amendment,or modification thereof,and; 2.If any funds other than Federal appropriated funds have paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract,grant loan,or cooperative agreement,the above named firm shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions,and: 3.The above name firm shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts,sub-grants,and contracts under grants,loans,and cooperative agreement)and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: Name:Title:_ Signature:Date:_ Federal Lobbying Requirements Certification Form SPC06-62 C-25 Revised 09/30105 F-29 FEDERAL DISCRIMINATION PROVISIONS Contractors shall comply with all relevant requirements of the following federal laws and regulations dealing with discrimination in federally assisted programs: A.Titles VI and VII of the Civil Rights Act of 1964 (42 U.S.C.20000d),as amended by the Equal Employment Opportunity Act of 1972,which provide that no person shall,on the ground of race,color, national origin,or sex,be excluded from employment or participation in,be denied the benefits of,or be subjected to discrimination under any program or activity receiving federal financial assistance. B.Section 109 of Title I of the Housing and Community Development Act of 1974,as amended (42 U.S.C.5309)and regulations at CFR 570.602 which prOVide that no person shall on the grounds of race, color,national origin,or sex,be excluded from participation in,be denied the benefits of,be denied employment in,or be subjected to discrimination under any CDBG/HOME program or activity. C.Section 504 of the Rehabilitation Act of 1973,as amended,(29 U.S.C.794)which provides that no otherwise qualified handicCilPped individual shall,solely by reason of his/her handicap,be excluded from the participation in,be denied the benefits of,be denied employment in,or be discriminated against under any program or activity receiving federal assistance,and Section 503 of the Rehabilitation Act of 1973, which provides for affirmative action to employ and advance qualified disabled people D.Age Discrimination Act of 1975,as amended (42 U.S.C.6101)which provides that no person shall,on the basis of age,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity receiving federal assistance. E.Americans with Disabilities Act of 1990,as amended,(42 U.S.C.12101)and regulations at 28 CFR Part 35 and 29 CFR Title 1630,which prOVides prohibits discrimination based on disability,and Architectural Barriers Act of 1968,which requires buildings assigned for public use to be designed, constructed and altered so as to be accessible to and usable by persons with physical disabilities. F.Executive Order 11246,as amended by Executive Order 12086,and regulations in 41 CFR 60,which provides that no person shall be discriminated against on the basis of race,color,religion,sex,or national origin in all phases of employment during the performance of federally-assisted construction contracts and subcontracts.Contractors and subcontractors shall take affirmative action to ensure fair treatment in employment,including recruitment,training,promotion,demotion,transfer,layoff,termination,and pay. 1.The Contractor will not discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin.The Contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race,color,religion,sex,or national origin.Such action shall include,but not be limited to the following:Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay of other forms of compensation;and selection for training,including apprenticeship.The Contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided by the contracting officer setting forth the provisions in this nondiscrimination clause. 2.The Contractor will,in all solicitations or advertisement for employees placed by or on behalf of the Contractor,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex or national origin. 3.The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice, to be provided by the agency contracting officer,advertising the labor union or worker's representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24,1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. SPC06-62 C-26 F-30 4.The Contractor will comply with all provisions of Executive Order No.11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. 5.The Contractor will furnish all information and reports required by Executive Order No.11246 of September 24,1965,and by the rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations and orders. 6.In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules,regulations,and orders,this contract may be canceled,terminated,or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24,1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. 7.The Contractor will include the provisions of paragraphs (1)through (7)in every subcontract or purchase order unless exempted by rules,regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No.11246 of September 24,1965,so that such provisions will be binding upon each subcontractor or vendor.The Contractor will take such action with respect to any subcontractor or purchase order as the contracting agency,and may direct the subcontractor or vendor as a means of enforcing such provisions including sanctions for noncompliance.Provided,however,that in the event the contract becomes involved in,or threatened with,litigation with a subcontractor or vendor as a result of such direction by the contracting agency,the Contractor may request the United States to enter into such litigation to protect the interest of the United States. Equal Employment Opportunity Regulations NONDISCRIMINATION: (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more) Equal employment opportunity (EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws,executive orders,rules,regulations (28 CFR 35,29 CFR 1630 and 41 CFR 60)and orders of the Secretary of Labor as modified by the provisions prescribed herein,and imposed pursuant to 23 U.S.C.140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract.The Equal Opportunity Construction Contractor Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C.12101 et seq.)set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract.In the execution of this contract,the contractor agrees to comply with the following minimum specific requirement activities of EEO. The contractor will work with the awarding agency and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed,and that employees are treated during employment, without regard to their race,religion,sex,color,national origin,age or disability.Such action shall include:employment, upgrading,demotion,or transfer,recruitment or recruitment advertising;layoff or termination;rates of payor other forms of compensation;and selection for training,including apprenticeship,preapprenticeship,and/or on-the-job training." EEO OFFICER: The contractor will designate and make known to the awarding agency an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. SPC06-62 C-27 F-31 DISSEMINATION OF POLICY: All members of the contractor's staff who are authorized to hire,supervise,promote,and discharge employees,or who recommend such action,or who are substantially involved in such action,will be made fully cognizant of,and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met,the following actions will be taken asa minimum: Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months,at which time the contractor's EEO policy and its implementation will be reviewed and explained.The meetings will be conducted by the EEO officer. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer,covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority employees.. Notices and posters identifying the contractor's EEO policy will be placed in areas readily accessible to employees,applicants for employment and potential employees. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or other appropriate means. RECRUITMENT OF EMPLOYEES: When advertising for employees,the contractor will include in all advertisements for employees the notation:"An Equal Opportunity Employer."All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. The contractor will,unless precluded by a valid bargaining agreement,conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants.To meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hall referrals,he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions.(The DOL has held that where implementations of such agreements have the effect of discriminating against minorities or women,or obligates the contractor to do the same,such implementation violates Executive Order 11246,as amended.) The contractor will encourage his present employees to refer minority group applicants for employment.Information and procedures with regard to referring minority group applicants will be discussed with employees. SELECTION OF SUBCONTRACTORS,PROCUREMENT OF MATERIALS AND LEASING OF EQUIPMENT: The contractor shall not discriminate on the grounds of race,color,religion,sex,national origin,age or disability in the selection and retention of subcontractors,including procurement of materials and leases of equipment. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. Disadvantaged business enterprises (DBE)as defined in 49 CFR 23,shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract.The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. EEO RECORDS AND REPORTS: The contractor shall keep such records as necessary to document compliance with the EEO requirements.Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives.The records kept by the contractor shall document the following: SPC06-62 C-28 F-32 The number of minority and non-minority group members and women employed in each work classification on the project; The progress and efforts being made in cooperation with unions,when applicable,to increase employment opportunities for minorities and women; The progress and efforts being made in locating,hiring,training,qualifying,and upgrading minority and female employees; and The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. NONSEGREGATED FACILITIES: Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more. By the execution of this contract or subcontract,or the consummation of this material supply agreement or purchase order,all parties certify th1:!t the firm does not maintain or provide for its employees any segregated facilities at any of its establishments,and that the firm does not permit its employees to perform their services at any location under its control, where segregated facilities are maintained.The contractor agrees that a breach of this certification is a violation of the EEO provisions of this contract.The contractor further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. As used in this certification,the term "segregated facilities"refers to facilities provided for employees which are segregated by explicit directive,or on the basis of race,color,religion,national origin,age or disability,because of habit,local custom,or otherwise.The only exception will be for the disabled when the demands for accessibility override,(e.g.disabled parking). The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. FALSIFICATION OF DOCUMENTS: The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C.231. The contractor or subcontractor shall make the records required available for inspection,copying,or transcription by authorized representatives of the awarding agency or the DOL,and shall permit such representatives to interview employees during working hours on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the awarding agency,HUD or DOL,or all may,after written notice to the contractor,sponsor,applicant,or owner, take such actions as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available may be grounds of debarment action pursuant to 29 CFR 5.12. SPC06-62 C-29 F-33 EXHIBIT"A" PROPOSAL CITY OF RANCHO PALOS VERDES MIRALESTE ACCESS RAMPS·ADA COMPLIANCE (Community Development Block Grant Project #601371.10) TO THE DIRECTOR OF PUBLIC WORKS CITY OF RANCHO PALOS VERDES The undersigned,as bidder,declares that:(1)this proposal is made without collusion with any other person,firm or corporation,and that the only persons or parties interested as principals are those named herein;(2)bidder has carefully examined the project plans,specifications,instructions to bidders,proposal, notice to contrac~ors and all other information furnished therefore and the site of the proposed work;(3) bidder has investigated and is satisfied as to the conditions to be encountered,the character,quality and quantities of work to be performed and materials to be furnished.Furthermore,bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees,in the event this contract be awarded to bidder,to enter into a contract with the CITY OF RANCHO PALOS VERDES,to perform said proposed work in accordance with the plans,jf any,and the terms of the specifications,in the time and manner therein prescribed,and to furnish or provide all materials, labor,tools,equipment,apparatus and other means necessary so to do,except such thereof as may otherwise be furnished or provided under the terms of said specifications,for the following stated unit prices or lump-sum price as submitted on the Schedule attached hereto: The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. Accompanying this proposal is ,I~id Bond"(Insert)"$(,p,Pll3·eto "cash,""CashieI'sCheck/' "certified check,U or "Bid Bond,U as the case may be)in the amount equal to atleastten percent (10%)ofthe total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Sheets. The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter,defaults in executing the required contract,with necessary bonds and documents,within ten (10) days,not including Sundays and legal holidays,after haVing received notice that the contract has been awarded and is ready for signature,the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void. licensed in accordance with an act providing for the registration of contractors,California Contractor's license No.lW'r~&'I ,Class It ,Expiration Date o4'3 1 ",2t:>1"2 • Signature(s)of bidder:~~~_---4"':;"'-=----:'-+__~~~-:--~-:--_ If an individual,so state.If a firm or co co-partners composing the firm.If a oration,state legal name of corporation,also names of president, secretary,treasurer,and manager thereof.Two notarized officer's signatures and the corporate seal are required for corporations. SPC06-62 P -1 F-34 Legal Business Name:c'r C(;1)(rt te C(ins il fj eliot?(In c· v Address:/U/J/J.ShPilYlClj<..tr Av-e.·,)'ClfJ!et g Jj!iIJjS Cot 9p &7 ~ Telephone:(SI.P2-)777';JRPd- Contact:phIZ C'SaIl}0 Proposals which do not show the number and date of the Bidder's License under the provision's of Chapter 9 of Division 3 of the Business &Professional Code will be rejected.To be submitted with each bid to contract for the Miraleste Access Ramps -ADA Compliance Project (Community Development Block Grant Project #601371-10) Bid Date I;'~.II This information must include all construction work undertaken in the State of Califomia by the bidder and partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal.Separate information shall be submitted for each particular partnership,joint venture,corporate or individual bidder. The bidder may attach any additional information or explanation of data which bidder would like to be taken into consideration in evaluating the safety record.An explanation must be attached of the circumstances surrounding any and all fatalities. SPC06·62 P-2 F-35 CITY OF RANCHO PALOS VERDES BID SHEET MIRALESTE ACCESS RAMPS -ADA COMPLIANCE (Community Development Block Grant Project #601371-10) NAME OF COMPANY:CT Cr;I1Cr'£/-e...-(cl7sf/vc1/~/},Inc. To the Honorable Mayor anCrlvtembers of the City Council:• In compliance with the Notice Inviting Sealed Bids,the undersigned hereby agrees to enter into a contract to furnish all labor,materials,equipment and supplies for the project identified as MIRALESTE ACCESS RAMPS -ADA COMPLIANCE in accordance with the specifications and plans for demolition, construction and installation in the Contract Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Publi~Works at the following prices: Item Description Estimated Unit Unit Price Extended No.Quantity Meas.Amount 1 Construct Curb Ramp (Type 1,Case A)Per SPPWC 3 EA 2/300 .00 V,tilDO'DOStd.111-3 2 Construct Curb Ramp (Type 1,Case B)Per SPPWC 3 EA 2./l,Of/'U)l.l 'C1 00 'uoStd.111-3 Construct Storm Drain Curb Opening Catch Basin with Z,5 fX)'cP !>..SOD'C::O3GratingPerSPPWCStd.302-2 (1 Grate)with Local 1 EA Deoression 4 Install 20 LF of 18"RCP (2000D)and temporary 1 LS .,,50(/Co(J I,~ClO·ot:.Jconnectiontoexistingstormdrain,complete in place. 5 Construct 4"A.C.over 6"C.M.B over Compacted 1280 SF 1'50 4,\/00 '00Subarade 6 Construct 4"Concrete Sidewalk (Curb &Sidewalk 735 SF 1,,,50 s"$'''2'5 0JointsPerSPPWCStd.112-1), 7 Construct Varying Height Curb and Gutter (4"to 9")Per 168 LF 3'8'00 LP 1>1H·c.oSPPWCStd.120-1 , 8 Construct 6"(Type A1-150(6»Curb PerSPPWC Std.51 LF ;0.00 l J t;30'oO 120-1 9 Construct Varying Height Retaining Curb (4"to 10")70 LF 30.00 '2.,100'00(Detail D)Per SPPWC Std.111-3 10 Apply Solid White Crosswalk Limit Line Per Caltrans 1 LS 7./30{/()"'2.,.3 00 ,GO Std.A24E 11 Install Striping and Pavement Legends 1 LS '3,SCO·e;e.~,say eo 12 Relocate Existing Sign to New Location 1 EA '3OO'GC)300'()d 13 Adjust Existing Water Valve to Grade 2 EA '300'()O lJOO·Pc., TOTAL FOR BID -tI S(,p,VUl-S O SCHEDULE TOTAL FOR BID SCHEDULE WORDS:fiffj liX thtJUJCtVjcA .f/x hU!1cll'cd ~ntl cSt X do/}arJ q"o/fiffy unt.f. SPC06-62 P-3 F-36 INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information:(Additional sheets may be attached if necessary.) (1)Address:loll/a-shotff/(?}A1r Av-t.,sqnf&J f?..5;Pri1f£Cq 9u&70.I (2)Telephone:(S~2)777 ·iNcJ... Type of firm -Individual,Partnership,or Corporation:.COfpc;rC/fi~1'} ~ Corporation organized under the laws of the State of C ,.1'0 .0/117 j 'In)a (3) (4) (5)Contractor's license number and class:~......·7J.CJ98Q A (6)List the names and addresses of all members of the firm or names and titles of all officers of the corporation: I John c·sar/)o-!resjd,f/lf lOlL/a.!Shtittrlq)ur AY-l'.J'Cloiq -&.s;PrI/)~r.,Qt:-v71 John c·,sarno-Jecrdqrl/Il/p ShPflJPfJ<.f/,A-ve.St:lnt4 f<SPrin'lf.CL;€4IV..,-,e-V1~ JOhn c·Surop-lre4.JUy-er !IJ/tfc9-~IJPfIlJe:tI"r Aye.uqo1:dI {(.£;P£lIJvtJU Cit 'j1&t/7t:: John C\SarolF mCtIJt1ttf/7h-rrl'of 10 /",sbowq/c.J1r tW-t·JP/nt#f It ~,n'?J.s Cct '1~ (7)Number of years experience as a contractor in construction work l ~ (8)List at least three similar projects completed as of recent date: Contract Amount Class of Work Date Completed Name.Address of Owner,&Telephone No.r({{;{J1.-J«Jr'rJcU:.lttd. (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 (If there are more than two subcontractors,attach a separate sheet>: NAME.__~tJ..L-(J_t'LL-TYPE OF WORK,_ ADDRESS _ SPC06-62 P-4 F-37 Concrete Construction,Inc. #720989 A 10142 Shoemaker Avenue _Santa Fe Springs,Ca 90670 _(562)777-2222 phone _(S62)777-2220 fax Annual Citywide Sidewalk Replacement City of S~nta Monica 1685 Main St. Santa Monica,Ca 90401 (310)458·8411 Randall Martinez Started 1/08 Completed 11/08 Final contract price $1,354,878.00 Sidewalk Removal and Replacement Project 2008-2009 City of Rancho Palos Verde 30940 Hawthorne Blvd. Rancho Palos Verde,Ca 90275 (310)377-0360 Bindu Vaish Started 02/09 Completed 04/09 Final contract price $327,432.00 Annual Concrete Replacement at various Locations FY 2008 -09 City of Orange 300 E Chapman Ave Orange,Ca 92866 (714)744·5568 Alan Truong Started 05/09 Completed 07/09 Final contract price $444,264.00 Rehabilitation of Tustin Ave from15th St.to 1ih St. City of Costa Mesa 77 Fair Dr. Costa Mesa,Ca 92626 (714)754-5096 Susan Santora Started 07/09 Completed 11/09 Final contract price $616,000.00 1 F-38 Concrete Construction,Inc. #720989 A 10142 Shoemaker Avenue _Santa Fe Springs,Ca 90670 _(S62)777-2222 phone _(562)777-2220 fax Annual Sidewalk Program City of EI Segundo 350 Main St. EISegundo,Ca 90245 (31(})524-2300 Maryam Jonas Started 10/09 Completed 12109 Final contract price $176,190.00 Annual 2009-2010 Omnibus Concrete Replacement City of Santa Ana 20 Civic Center Dr.West Santa Ana,Ca 92701 (714)647-5029 William Albright Annual Remove and Replace sidewalk,Curb and Gutter City of Norwalk 12700 Norwalk blvd Norwalk,Ca 90650 (562)929-5576 Ronny Buzenes Annual Concrete Repair City of Ontario 303 East "B"St. Ontario,Ca 91764 (909)395-2624 Dale Adcock 2 F-39 }Concrete Construction,Inc. #720989 A 10142 Shoemaker Avenue _Santa Fe Springs,Ca 90670 _(562)777-2222 phone _(562)777-2220 fax Annual Sidewalk,Curb and Gutter Replacement City of Lakewood 5050 Clark Ave Lakewood,Ca 90712 (562)866-9771 Brian White Annual Concrete Replacement Project City of Garden Grove 1122 Acacia Parkway Garden Grove,Ca 92840 (714)741-5388 Ray Valenzuela Bonding Agent -Dwight Reilly Commercial Surety Bonding Agency 1411 No.Batavia St.Suite 201 Orange,Ca 92867 (714)627-4582 First National Insurance Company of America 333 City Blvd West Suite 300 Orange,Ca 92868 3 F-40 NAME.TYPE OF WORK.~_ ADDRESS ....,....._ (10)list the name of the person who inspected the site of the proposed work for your firm: C!Jn's ,farl76 (11)NOTE:Upon request of the Redevelopment Agency,the bidder shall furnish evidence showing a notarized financial statement,financial data,construction experience,or other information. (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. SPC06-62 P-5 F-41 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 fol/owing provisions of California law and that I,or the entity on whose behalf this certification is given,hold a currently valid California contractor's license as set forth below: Business &Professions Code 7028.15: (a)It is a misdemeanor for any person to submit a bid to a pUblic agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore,except in any of the following cases; (1)The person is particularly exempted from this chapter. (2)The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now'20103.5]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 finality of such citations shall be subject to Sections 7028.7 to 7028.13 inclusive.Any contract awarded to,or any purchase order issued to,a contractor who is not licensed pursuant to this chapter is void. SPC06-62 P - 6 F-42 (f) I I I Any compliance or noncompliance with subdivision (e)of this section,as added by Chapter 863 of the Statutes of 1989,shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g)A pUblic employee or officer shall not be subject to a citation pursuant to this section if the pUblic employee,officer,or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days.For purposes of this section,a telephone response by the board shall be deemed sufficient. Public Contract Code 20103.5: In all contracts subject to this part where federal funds are involved,no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However,at the time the contract is awarded,the contractor shall be properly licensed in accordance with the laws of this state.The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractor's State License Board indicate that the contractor was properly licensed at the time the contract was awarded.Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law Including,but not limited to,any appropriate disciplinary action by the Contractor's State License Board.The agency shall include a statement to that effect In the standard form of prequalification questionnaire and financial statement.Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.:_7_'....;;;:J:....-O_q_·~_q _ Class:----+ft...."------------ Expiration Date:_..-:C;---L.'f....;;.~:::;....=;.O_'....;;9::...-C'_1.;;..o._ Date:__-.;....;........".............,...__--+-------- Signature:-..J:;;.....y.~-"""--..J----_ SPC06-62 P-7 F-43 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 41 04J Public Contract Code 4104 provides as follows: Any officer,department,board or commission taking bids for the construction of any 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 thework incident to the public work or improvement that of any person making a bid or offer to perform 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 perform 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 of the 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,OOO), 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 subcontractor for each portion as is defined by the prime contractor in his or her bid. Subcontractor's Name and Contract Name Address and Telephone No. Nont Portion of Work and Percent of Total Bid SPC06-62 P-8 F-44 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Record last Five (S)Full Years: Year of Record I 20G!t I 20£1 I 20 c:£-I 20fej I 20 to Totai Current Year 1.No.of contracts It+1\1 1/4 I It I '-3>I If.t1 I 12. \i,slfl/J I 6,VXJ 18,(£;6 ls/uu I 7,wo 111/~q"I l.p,5OC/2.Total dollar amount of contracts (in thousands of $ *3.No.of fatalities *4.No.of lost wOrkdav cases *5.No.of lost workday cases involving permanent transfer to another job or termination of employment rf f flf ~tT The information required for these items is the same as required for Columns 3 to 6,Code 10,Occupational Injuries.Summary • Occupational Injuries and Illnesses No.102. mgnawrn~~ State Contractor's lic.#~Classiflcation-p.oq'8rJ Telephone (S(J;L)777''77??- P-9 CitY ~·_-----,--v Zip Code Addre!f~ ,(IdI'l'TY_ftSPri/J9,s.1vV70 SPC06-62 The above Information was complied from the records that are available to me at this time,and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. cT CCl)crefe Ct'/7.r;irlJtfiFo J -ln l · NiRie of Bidder (print)i /O!'jd ...shOUl7q/ar t'JI/.f'. F - 4 5 BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the Ci tx of Rancho Palos Verdes (kpublic Agency"),has issued an invitation for bids for the work described as follows: MIRALESTE ACCESS RAMPS ..ADA COMPLIANCE (Community Development Block Grant Projed #601371-10) WH~EASc.J.Concrete Construction,Inc. 10142 Shoemaker Avenue,Santa Fe Springs,CA 90670 (N8I1J.end addre:$$ofBJdder) Bond No. CJCON-90 (kPrincipal ll ).desires to submit a bid to Public Agency for the work. WHEREAS,bidders are required under the provisions of the Califomia Public Contract Code to furnish a form of bidder's security With their bid. NOW,THEREFORE,we,the undersigned Principal,and _ First National Insurance ComRany of America 790 The City Drive South,Suite 200,Orange,CA 92868 (Name and adrhss 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 Ten Percent of Amount Bid Oollal'$($10%**********************),being notless than ten percent (1 O%).ofthe total bid price.in (awful money of the United States of America.for the payment ofwhich sum well and truly to be made.we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal is awarded a contract for the work by the Public Agency and,within the ~me and In the manner reqUired by the bidding specifications,enters into the written form of contract InclUded with bidding specifications,furnishes the required bonds,one to guarantee faithful performance and the other to guarantee payment for labor and materials,and fumishes the required insurance coverage,then this obligation shall become null and void; otherwise.it shall be and remain in fun force and effect. In case suit is brought upon this bond,Surety further agrees to pay all court costs incurred by the Pub fie Agency in the suit and reasonable attorneys'fees in an amount fixed by the court.Surety hereby waives the provisions of California CMI Code 2845. SPC06-62 P-I0 F-46 IN WITNESS WHEREOF,this instrument has been duly executed by Principal and Surety,on the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated:_November 2nd,2011 "Principal""Surety" C.J.Concrete Construction,Inc. By:,_-:-:-__f-=;....-+-_ Its By:,_ Its (See/) First National Insurance Company of America By:,_-=-......~--.-;..,__=__ Imnwight Reilly,Attorney-In-Fact Sy:_ Its (Seal) Not&:This bond must be dated,allsI~$mustbe notafized,snd evidence ofthe authority ofany person slgnlng as atlDmey-in-fact mlJ$/be altBr;/le<t. SPC06-62 }J -11 F-47 State of California County of Orange ACKNOWLEDGMENT ) On_--=N~o~v..;:;,emb=e::r~2,,-,...::2:.::0:.:::,1.::.,1__before me,Susan Pugh,Notary Public Onsert name and title of the officer) personally appeared -:Dw~i~gl.:!:h~t_R~e;;.:i~l=:::l~y:--:"__:-:-_-::---:---::-__--:-.--.-__---:;-:-;-;::~ who proved to me on the basis of satisfactory evidence to be the person(~Whose name(l)ls/~ subscribed to the within Instrument and acknowledged to me that he/~executed the same In hi~lr authorized capaclty(lR),and that by his.ll'uerAtkeir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct WITNESS my hand and official seal. Signature -~-fA/~Susan Pugh __, I ~~,....'.SUSAN PUGH 1'!~'~J;COMM.#1934229 !'l..:'';,..:·.&.~l Not:lty Publlc·Califorrlla ~','-:~~'V,ORANGE COUNTY :;..;,.,~My Comm f~Jlires Apr 29,2015 K (Seal~~-"""-~~~~ F-48 ,4585110 this Power of Attorney limits the acls of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. FIRST NAnONAL INSURANCE COMPANY OF AMERICA SEATTLE,WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS:That First National Insurance Company of America (the "Company"),a Washington stock Insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint. DANIEL HUCKABAY,ARTURO AYALA,DWIGHT REILLY,ALLISON RlTTO,ALL OF THE CITY OF ORANGE,STATE OF CALIFORNIA . ,each Individually if there be more than one named,lis true and lawful attorney-in·fact to make,execUle,seal,acknowledge and denver,for and on its behalf as surety and as lis act and deed,any and all undertakings,bonds,recognizances and other surety obligations In the penal sum not exceeding FIFTY MILLION AND 001100--··...••..•••....••••••••..••••..···---DOLLARS ($50,000,000.00--.....-)each,and the execution of such undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV -OffIcers:Section 12.Power of Attorney.:>. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and SUbject to such limitations 4! ..r as the Chairman or the President may prescribe,shall appoint such attorneys-in·fact,as may be necessary to act In behalf of the Corporation to make,i eIl i execute,seaf,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys·in·II) !.fact,subject to the limitations set forth In their respective powers of attorney,shall have fuli power to bind the Corporation by their signature and C "•executed,such Instruments shall be as binding as if signed by the president and attested by the secretary..~~;- lU i!By the following Instrument the chairman or the president has authorized the officer or olher official named therein to appoint attorneys-In-fact:~ ~.....I!lU._lU Pursuant to ArtIcle IV,Section 12 of the By-laws,David M.Carey,Assistant Secretary of First National Insurance COmpany of America,Is authorized c "::s to appoint such attorneys·in·fact as may be necessary to act In behalf ofthe Corporation to make.execute,seai,acknowledge and deliver as surety ii 0~:'any and all undertakings,bonds,recognizances and other surety obligations.~t; 0 2 ~w ...lU>thai the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.C E II)j CoiiiINWITNESSWHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of oi(0-:.e Flrsl National Insurance Company of America has been affixed thereto in Plymouth Meeting,Pennsylvania this ...!!!!!.-day of May ,...~I!2011 •~i -...FIRST NATIONAL INSURANCE COMPANY OF AMERICA IlUt;~'l li':l!By ~,.Ig&..David M.Carey,stant Secretary ~Gi lU l!!COMMONWEALTH OF PENNSYLVANIA ss 0 cf.;COUNTY OF MONTGOMERY ~: E'''';.On this 17th day of May ,2011,before me,a Notary Public,personally came David M,Carey,10 me known,and ;g!~-!ecknowledged that he is an AssIstant Secretary of First National Insurance Company of America;that he knows the seal of said corporation;and that he ~J .,....executed the above Power of Attorney and affixed the corporate seal of First National Insurance COmpany of America thereto with the authority and at the ell ~:e t'direction of seid corporation.~~ - C -r.!~IN TESTIMONY WHERE ~SUbscribed my name and affixed my notarial seal at~outh Meegn•PeMsylvania,on the day and year i ~ g::s first above written.~~«HolariaJSol>I ~J!-I-~J C C9zU/!!{,10 ~.",.Tllresa Pastella,NOllllYPublic By ~8= Plymouth 1wp..MonJool1lory (',cunly Ull OF My C<l!'nn'llillllon ExpIres Mar.28.201S Ter.PSSte\ii,NOtary Public {E.T CERTIFICATE ~Mcmbar.P/!IlnsyMlIllallBllOClll/lon 01 NotarieG .... I,the undersigned,Vice allonallnsurance Company of America.do hereby certify that the origlnai power of attorney of which the foregoing Is a full,true and y.Is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Officer apecially authorized by the chairman or the president 10 appoint attorneys-in·fact as provided In Article IV,Section 12 of the By-laws of First National Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of First National Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appaarlng upon a certified copy of any power of attorney Issued by the company in connection with surety bonds.shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 2nd day of November ,2011.~"'2 .A.7) -~..;...-,--£-..,e..-~-_---:;......ij..,..I.~=I=....==_---------Gregory W.Davenport,Vice President F-49 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~.c<'..c<'~.c¢~..c<'~..c<'R.¢.c¢.c<'..c<'..<l<',Q(.'.c?'.c<'.c?'.c¢.c;(,'.c<'..e<'..e<';c(.'.c<'~.«<.'~.«<.'.o<'.«<.'.<ii<'~.B¢.c?'.c;(,'.c<'..c<'..c<'..c<'~~ ~State of California }I ~County of Losf\t:'q3les i ~onN~ter2,2~~Jore me,eArctt\llo.rte ~NfOtary PUbl/a i~Dale Here Insert Name and Tide of the OfflO9r §~personally appeared Joht\c ..~hO ~~Name(s)or Slgner(S)~ ~~~.'who proved to me on the basis of satisfactory i,', p.evidence to be the person (I)whose name(1')is/al'O"0 ~,:subscribed to the within instrument and acknowledged ~" ~to me that h~executed the same in 0~,.:his"'tb8i!-authorized capacity.,and that by ~ ~hi~signature(lf-on the instrument the g ~person~,or the entity upon behalf of which the 8 ~person~acted,executed the instrument.' ~II ·S.2 • 9 ~~.I certify under PENALTV OF PERJURY under the~'~_.,...laws of the State of California that the foregoing , I'-==-I paragraph is true and correct. ~_••1IiIIIIiMI WITNESS my hand and official seal.i ~.eo.CV Sign.hlre A LA IIAII~~I~Place Notary Seal and/or Stamp Above (~Signature or Not~8 ~'.'OPTIONAL {g,/~Though the information below is not required by law,it may prove valuable to persons relying on the document8andcouldpreventfraudulentremovalandreattachmentofthisformtoanotherdocument.': ~Description of Attached Document ~:~Title or Type of Document:Btq BOnd -eliy c:J:1 Rcmcbo fCtlQ~vere;feS ~~Document Date:NoJetr\ber 2,20 l \Number of Pages:1wo i~Signer(s)Other Than Named Above:~h.t-f?ei (Iy 'K~Capaclty(les)Claimed by Signer(s)~I~Signer's Name:John Co &::i£:ru;L Signer's Name:Dwf@b1 tze;Uy g~~Corporate Officer -Title(s):'1'i'§5aent 0 Corporate Officer -Title(s):i ~=:J Individual 0 Individual g ~C Partner -:::Limited U General Top olthumb here 0 Partner -[J Limited C General Top of thumb here ~ ~0 Attorney in Fact ~ttorney in Fact ~ ~C Trustee 0 Trustee ~,' ~0 Guardian or Conservator 0 Guardian or Conservator ~~U Other:0 Other:~ ~~~Sign~r Is _REP.!:..~~e~in.2:CJJ -Signer Is Rewesenting::Ei.rs:I:.~~ecrtr""etB c...cnsTYuChon,N.@c:fritl IAsuronce g ~''''C-CCi'Y'~,/dl ~f COl ga.~'<';<:;<';<;~~"<.lV"<.X;.'CV,(..X;lC~',(':<;;C<;"C<;I(.:<;',(X,I<~~'t.X>'q(;.~'q(;.~'(,,:<,;(';<'''<.lV''<.lV''<.lV'C(;'<X-''<.lV',<.:<:;<':<;''C(;'q(;.'q,,~~~'Q<;.'Q<:.'C<;.'Q<:.'(.X;~~'t.X>-wj ©2008 NaUonai Notary AssoclaUon-9350 De Solo Ave.,P.O,Box 2402 -Chatsworth,CA 91313-2402'www,NatlonalNotary,org lIem #5907 Reorder:Call Toll-Free 1·801l-876·6827 F-50 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code 7106] State of California ) L A;.)ss. County of ()S nn()1 ·es ) (lh/7 C S C1roC/,being first duly sworn,deposes and says that he or s Is .fn of t;J Ccl'lj;;Jtiu"""t?,,/n L • the party making the foregoing bid,that the bid is not made in the interest of,or on behalf of,any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding;that the bidder has not in any manner,directly or indirectly,sought by agreement,communication,or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead,profit,or cost element of the bid price,or of that of any other bidder,or to secure any advantage against the pUblic body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true;and, further,that the bidder has not,directly or indirectly,submitted his or her bid price orany breakdown thereof, or the contents thereof,or diVUlged information or data relative thereto,or paid,and will not pay,any fee to any corporation,partnership,company association,organization,bid depository,orta any member or agent thereof to effectuate a collusive or sham bid.•~---J}t-_------r--/---------- SPC06-62 P-12 F-51 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement")is made and entered into this 6th day of December,2011,by and between the City of Rancho Palos Verdes,hereinafter referred to as "CITY,"and Merit Civil Engineering,Inc.,hereafter referred to as "CONSULTANT." IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Project Description The Project is described as the MIRALESTE PLAZA ACCESS RAMPS- ADA COMPLIANCE PROJECT. 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 fifteen thousand nine hundred eighty two dollars Page 1 of 10 R6876-0001\1410334v2.doc F-52 ($15,982.00),which are partially paid from Community Development Block Grant ("CDBG") funds that come from the United States Department of Housing and Urban Development ("HUD").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: Merit Civil Engineering Inc. 12391 Lewis Street,Suite 201 Garden Grove,CA 92840 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 earlier 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 manner arising out of or incident to any acts or omissions of CONSULTANT,its Page 2 oflO R6876-0001\1410334v2.doc F-53 officials,officers,employees or agents in connection with the performance of this Agreement,including without limitation the payment of all consequential damages, attorneys'fees,and other related costs and expenses,except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees.With respect to any and all such Claims,CONSULTANT shall defend Indemnitees at CONSULTANT's own cost, expense,and risk and shall pay and satisfy any judgment,award,or decree that may be rendered against Indemnitees.CONSULTANT shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds,if any,received by CONSULTANT or Indemnitees.All duties of CONSULTANT under this Section shall survive termination of this Agreement. 3.2 General 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 Page 3 of10 R6876-0001\1410334v2.doc F-54 two million dollars ($2,000,000)in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000)for property damage arising from one incident. 3.5 Worker's Compensation CONSULTANT 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 cancelled 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 any time,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 of 10 R6876-0001\1410334v2.doc F-55 (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 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 Page 5 of10 R6876-0001\1410334v2.doc F-56 Written Products produced under this Agreement.In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined,CONSULTANT,at its expense, shall:(a)secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction,or by procuring a license or licenses for CITY; or (b)modify the Written Products and other deliverables so that they become non- infringing while remaining in compliance with the requirements of this Agreement.This covenant shall survive the termination of this Agreement. Upon termination,abandonment or suspension of the Project,the CONSULTANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY.If CONSULTANT prepares a document on a computer,CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. 5.2 Record-Keeping and Reporting (a)Pursuant to 24 C.F.R.Section 85.36(i)(1 0),the CONTRACTOR shall maintain all books,documents,papers,and records that are directly pertinent to the Agreement for the purpose of making audits,examinations,excerpts and transcripts. (b)Pursuant to 24 C.F.R.Section 85.36(i)(11)and the Los Angeles County Development Commission's Project Description and Activity Budget for Contract 70741 (Project No.096691-09),CONTRACTOR shall retain all required records for a period of five (5)years after the CITY makes final payments and all other pend ing matters are closed. (c)Pursuant to 24 C.F.R.Section 85.36(i)(7),CONTRACTOR shall provide to the CITY all requested documentation resulting throughout the course of or under this Agreement. 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 CDBG Regulations CONSULTANT agrees to comply with the requirements of Part 570 of Title 24 of the Code of Federal Regulations,which states the U.S.Department of Housing and Page 6 of 10 R6876-0001\1410334v2.doc F-57 Urban Development's regulations concerning CDBG,and all federal regulations and policies issued pursuant to these regulations.Furthermore,CONSULTANT shall comply with all 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 hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement,but at all times shall CONSULTANT be responsible for its associates or subcontractors'services. 6.4 CONSULTANT's Representations CONSULTANT represents,covenants and agrees that:a)CONSULTANT is licensed,qualified,and capable offurnishing 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 Labor Standards and Civil Rights CONTRACTOR agrees to comply with the requirements of the Secretary of Labor and the latest amendments to:Executive Orders 11246 and 11375,as supplemented in Department of Labor regulations (41 C.F.R.chapter 60);the Copeland "Anti-Kickback"Act (18 U.S.C.847)as supplemented in Department of Labor regulations (29 C.F.R.part 3);Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.1701 et seq.);Title VI of the Civil Rights Act of 1964 (42 U.S.C.2000);Section 109 of Title I of the Housing and Community Development Act of 1974 (42 U.S.C.5301 et seq.);the Age Discrimination Act of 1975 (42 U.S.C.6101 et seq.);and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.701 et seq.).CONTRACTOR agrees to comply with the requirements of all other applicable federal,state and local laws and regulations pertaining to labor standards or civil rights insofar as those acts apply to the performance of this Agreement. Page 7 of 10 R6876-0001\1410334v2.doc F-58 6.6 Environmental Conditions Pursuant to 24 C.F.R.Section 85.36(i)(13),CONTRACTOR agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L.94-163,89 Stat.871). 6.7 Lobbying Certifications (a)The Los Angeles County Lobbyist Code Chapter 2.160 County Ordinance No.93-0031 Certification is attached hereto as Exhibit "B"and incorporated herein by this reference.CONSULTANT shall complete and file this Certification as required .. (b)The Federal Lobbyist Requirements Certification is attached hereto as Exhibit "C"and incorporated herein by this reference.CONSULTANT shall complete and file this Certification with the CITY. 6.8 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. 6.9 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,exper:ts'fees,and other costs,in addition to any other relief to which the party may be entitled. (c)Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent,CITY shall compensate CONSULTANT for its testimony and preparation to testify at reasonable hourly rates. Page 8 of10 R6876-0001\1410334v2.doc F-59 6.10 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without the prior written consent of the CITY.Any such purported assignment without written consent shall be null and void,and CONSULTANT shall hold harmless,defend and indemnify the CITY and its officers,officials,employees,agents and representatives with respect to any claim,demand or action arising from any unauthorized assignment. Notwithstanding the above,CONSULTANT may use the services of persons and entities not in CONSULTANT's direct employ,when it is appropriate and customary to do so.Such persons and entities include,but are not necessarily limited to,surveyors, specialized consultants,and testing laboratories.CONSULTANT's use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance. 6.11 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. 6.12 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. Page 9 of10 R6876-0001\1410334v2.doc F-60 6.13 Entire Agreement This Agreement,including any other documents incorporated herein by specific reference,represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations,representations or agreements, either written or oral.This Agreement may be modified or amended,or provisions or breach may be waived,only by subsequent written agreement signed by both parties. 6.14 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 tt'le uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.15 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. 6.16 Severability If any term or portion of this Agreement is held to be invalid,illegal,or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall continue in full force and effect. 6.17 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 Page 10 of10 R6876-0001\1410334v2.doc F-61 To CONSULTANT: Mr.Bob Merrell,President Merit Civil Engineering,Inc. 12391 Lewis Street,Suite 201 Garden Grove,CA 92840 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 MERIT CIVIL ENGINEERING,INC. ("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 11 of 10 R6876-0001\1410334v2.doc F-62 EXHIBIT"A" Municipal Engineering Land Surveying Infrastructure November 3,2011 Mr.Nicole Jules Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 Subject: Dear Nicole: Field Engineering Services Proposal -Miraleste ADA Ramp Improvements In response to the Request for Proposal,Merit Civil Engineering is pleased to submit our proposal to provide field engineering services for the Miraleste ADA ramp project.This proposal will outline our recommendation for inspection activities for the project,proposed scope of services,schedule and the level of coverage anticipated. PROJECT UNDERSTANDING The Miraleste Plaza is usually busy during work hours and the Fire Station can add another element of interference during the construction of the handicap ramps.There are six ramps and some storm drain work where work will be concentrated at the intersections but still subject to intermittent access issues.It will be important to ensure the contractor provides adequate traffic control and access during work hours. The following activities are recommended to manage the ramp construction: •Adequate BMP installations to control surface water and construction debris. •Compaction testing or slurry backfill during trench back filling •Site and construction inspection on a part time basis including daily reports •Construction staking •As built drawings in CAD and in PDF The contract time for the ramp project is 40 calendar days.I believe the number of days that will require inspection will probably be 30 or so and even then,most of the days would require something less than full time inspection.Therefore,the inspection time estimated to establish a budget for the actual inspection of the project is 30 days at 4 - 5 hours per day.I plan to be the designated inspector as I have a good overall knowledge of the issues to be addressed and am very familiar with the project site. Construction surveys will be needed and are part of this proposal.An estimated 12 hours are anticipated to complete the various staking elements and are included in the estimated fee.These hours may be kept separate from this authorization if desired by the City. Merit Civil Engineering,Inc. 12391 Lewis Street,Suite 201 Garden Grove,CA 92840 Office:(714)748-0531 Fax:(714)748-0681 F-63 Proposal to City of Rancho Palos Verdes Miraleste ADA Ramps November 3,2011 Page 2 of 2 SCHEDULE The pre-construction meeting will be the first activity followed with any coordination necessary with the utility companies. COMPENSATION The proposed total Not-to-Exceed fee for the above-described services is detailed on the attached Fee Breakdown spreadsheet.The total Not-to-Exceed fee is $15,982.00. Incidental costs relative to the assignment for office supplies,travel,phone calls,etc.are included-in the above quoted Not-to-Exceed fee. We look forward to assisting you on this assignment.Please contact me with any questions you may have. Respectfully, MERIT CIVIL ENGINEERING,INC. Robert Merrell,P.E. President M.rit eMI &lg1....."',Ill(. 2 Merit Civil Engineering,Inc F-64 Exhibit "B": Community Development Commission County of Los Angeles COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO.93-0031 CERTIFICATION Name of Firm:_ Address:_ State:__Zip Code:_Telephone Number:()---- Acting on behalf of the above named firm,as its Authorized Official,I make the following Certification to the County of Los Angeles and the Community Development Commission,County of Los Angeles. 1)It is understood that each person/entitylfirm who applies for a Community Development Commission contract,and as part of that process,shall certify that they are familiar with the requirements of the Los Angeles County Code,Chapter 2.160 (Los Angeles County Ordinance 93-0031)and; 2)That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code,and; 3)That any person/entity/firm who seeks a contract with the Community Development Commission shalf be disqualified therefrom and denied the contract and,shall be liable in civil action,if any lobbyist,lobbying firm,lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into contract with the Los Angeles County and the Community Development Commission, County of Los Angeles. Authorized Official: (Contractor/Subcontractor) (Date) R6876-0001\1410334v2.doc By:-=----,--~----_ (Signature) (Title) F-65 Exhibit "e": FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Name of Firm:Date:_ Address:_ State:Zip Code:Phone No.:_ Acting on behalf of the above named firm,as its Authorized Official,I make the following Certification to the Department of Housing and Urban Development (HUD)and the Community Development Commission,County of Los Angeles: 1.No Federal appropriated funds have been paid,by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of and Federal grant,loan or cooperative agreement,and any extension,continuation,renewal, amendment,or modification thereof,and; 2.If any funds other than Federal appropriated funds have paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract,grant loan,or cooperative agreement,the above named firm shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions,and: 3.The above name firm shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts,sub-grants,and contracts under grants,loans,and cooperative agreement)and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: Name:Title:_ Signature:Date:_ Federal Lobbying Requirements Certification Form R6876-0001\1410334v2.doc Revised 09/30/05 F-66