CC SR 20240116 N - PVIC Flood Response Oct 2022 Ratification and NOC
CITY COUNCIL MEETING DATE: 01/16/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to ratify payments and file a Notice of Completion for
the October 2022 emergency water damage restoration work at the Point Vicente
Interpretive Center.
RECOMMENDED COUNCIL ACTION:
(1) Ratify payment in the amount of $32,947.20 to National Construction Rentals, Inc.
and $56,793.62 to Servpro Industries, LLC for emergency water damage
restoration at the Point Vicente Interpretive Center rendered between November
4, 2022 and April 21, 2023;
(2) Accept the restoration work performed by ATI Restorations, LLC for the October
27, 2022 water damage event as complete;
(3) Authorize the City Manager to sign and the City Clerk to file a Notice of Completion
for the remediation work performed by ATI Restorations, LLC with the Los Angeles
County Registrar-Recorder's Office; and,
(4) Authorize the Director of Public Works to release the construction retention
payment to ATI Restorations, LLC 35 days after recordation of the Notice of
Completion by the Los Angeles County Registrar-Recorder's Office.
FISCAL IMPACT: The total remediation and restoration cost was $298,504. The City
will be reimbursed for all expenses, less a $10,000 insurance
deductible, through its insurance carrier, the BMS Group.
Amount Budgeted: $100,000
Additional Appropriation: $0
Account Number(s): 101-400-3140-5201
(General Fund – Building Maintenance – Repairs/Maint.) VR
ORIGINATED BY: David Copp, Deputy Director of Public Works
REVIEWED BY: Ramzi Awwad, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Notice of Completion (page A-1)
B. Public Works Agreement with ATI Restorations, LLC (page B-1)
1
RANCHO PALOS VERDES
C. Amendment No. 1 to the Public Works Agreement with ATI Restorations,
LLC (page C-1)
BACKGROUND AND DISCUSSION:
On October 27, 2022, a water line located in the custodian’s closet of the Point Vicente
Interpretive Center (PVIC) ruptured and subsequently flooded the closet, interior
restrooms, hallway, office spaces, and a portion of the main lobby. As a result of the
significant damage sustained, the facility was temporarily closed to the public.
As an immediate response to the flood event, Staff solicited for and engaged the services
of several companies to provide appropriate response to the flood event, which included
the following scopes of work to affected areas: 1) providing temporary restrooms; 2)
plumbing repairs; 3) moisture removal; 4) demolition and haul-away of damaged sections
of the facility; 5) reconstruction work to the extent necessary to return the PVIC to its
condition prior to the flood event; and 6) construction inspection and oversight.
On January 17, 2023, the City Council awarded a public works agreement to ATI
Restoration, LLC (ATI) for a lump sum amount of $160,4 10, with an additional
contingency of 20% ($32,082) to conduct water damage restoration and reconstruction
of the main room, offices and hallway of the PVIC resulting from the flood (Attachment
A). Amendment No. 1 was issued to increase the contract value within the contingency
amount under prior approval by City Council (Attachment B).
Some of the other work described above was completed via other vendors as
summarized in Table 1.
Table 1 – Summary of Completed Work
Vendor Description of Service Cost
National Construction
Rentals, Inc. Temporary restroom trailer rental $32,947
Diamond Environmental
Services, LP Hand washing station $577
Howard Electric Electrical connections to temporary restrooms $1,572
All Area Services, Inc Emergency response to repair broken water lines $4,748
ServPro
Emergency water extraction, remediation, demolition and
cleaning $56,793
Titan Environmental
Solutions Limited asbestos and lead inspection survey and reports $1,100
ATI Restorations, LLC Reconstruction $184,757
EFI Global Industrial hygienist services $8,520
Integrated Engineering
Management Construction oversight and inspection services $7,487
Total $298,504
The City executed contracts with some of the vendors under the City Manager’s signing
authority threshold of under $25,000. For two of the vendors, the total cost exceeded the
2
City Manager’s signing authority. However, Staff was authorized to secure emergency
services under the Rancho Palos Verdes Municipal Codee Section 2.44.080:
Emergency purchases required due to natural disasters or other unforeseen
circumstances may be made by the purchasing agent if so noted on the
purchase order form. Any such purchase shall be reported to the city council
at the earliest opportunity, including supporting documentation to
demonstrate the emergency and to provide a detailed accounting. (Ord. No.
618, § 3, 3-5-19).
Staff now requests the City Council ratify payments to the two vendors that exceeded the
City Manager’s signing authority: National Construction Rentals in the amount of
$32,947.20 and ServPro in the amount of $56,793.62.
All restorative work is now complete and associated temporary accommodations for staff
and visitors have been removed from the PVIC.
CONCLUSION:
Staff recommends the City Council ratify payment to National Construction Rentals, Inc.
in the amount of $32,947.20 and to ServPro in the amount of $56,793.62; and authorize
the City Manager to sign and the City Clerk to file a Notice of Completion for the
remediation work completed by ATI.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not take action on either or both Staff recommendations, thereby suspending
the remaining administrative steps necessary to formally complete and close out
the work performed via the agreements and purchase orders described herein.
2. Take other action, as deemed appropriate.
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NOTICE OF COMPLETION
(CA Civil Code 9204- Public Works)
Notice is hereby given by the undersigned owner, a public entity of the State of California, that a
public work of improvement has been completed, as follows:
Project title or description of work:
Date of completion:
Nature of owner:
Interest or estate of owner:
Address of owner:
Name of contractor:
Address of contractor:
Flood remediation and reconstruction of damaged areas of
the Point Vicente Interpretive Center
September 14, 2023
Local Government Agency
Owned by City of RPV Fee Simple Absolute
30940 Hawthorne Boulevard, Rancho Palos Verdes, CA, 90275
ATI Restorations, LLC
3360 East La Palma Avenue, Anaheim, CA 92806
Street address or legal description of site: Point Vicente Interpretive Center,
31501 Palos Verdes Drive West, RPV, CA 90275
Dated: Owner: City of Rancho Palos Verdes
(Name of Public Entity)
By:
Title: Ara Mihranian, AICP, City Manager
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I am the City Clerk of the City of Rancho Palos Verdes, the public entity which executed the foregoing
notice and on whose behalf I make this verification; I have read said notice, know its contents, and the
same is true. I certify under penalty of perjury that the foregoing is true and correct.
Executed at Rancho Palos Verdes , California on (Date)
By:
Title: Teresa Takaoka, City Clerk
Revised 05/2019
RECORDING REQUESTED BY:
A-1
To be recorded with County Recorder
within 15 days after completion.
No recording fee.
City of Rancho Palos Verdes
Attn : City Clerk
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
AND WHEN RECORDED MAIL TO :
Same as above THIS SPACE FOR RECORDERS USE ONLY
0 I 203 0006/848669 6
PUBLIC WORKS AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
A TI RESTORATIONS, LLC
B-1
B-2
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
ATI RESTORATIONS, INC
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein "Agreement") ts made
and entered into on January 17, 2023 by and between the CITY OF RANCHO PALOS VERDES,
a general law city & mumc1pal corporation ("City"), and ATI RESTORATIONS, LLC, a Delaware
ltm1ted ltab1ltty company ("Contractor") City and Contractor may be referred to, ind1v1dually or
collectively, as "Party" or "Parties"
RECITALS
A City has sought, through the informal bidding process provided for in Rancho Palos
Verdes Mumc1pal Code, the performance of the work defined and described particularly in Article
1 of this Agreement
B Contractor, following subm1ss1on of a bid for the performance of the work defined
and described particularly in Article 1 of this Agreement, was selected by the City to perform those
services
C Pursuant to the City of Rancho Palos Verdes Mumc1pal Code, City has authority to
enter into and execute this Agreement
D The Parties desire to formaltze the selection of Contractor for performance of the
work defined and described particularly in Article I ofth1s Agreement and desire that the terms of
that performance be as particularly defined and described herein
OPERATIVE PROVISIONS
NOW, THEREFORE, in cons1derat1on of the mutual promises and covenants made
by the Parties and contained herein and other cons1derat1on, the value and adequacy of which are
hereby acknowledged, the parties agree as follows
ARTICLE 1 WORK OF CONTRACTOR
1 1 Scope of Work
In compltance with all terms and cond1t1ons ofth1s Agreement, the Contractor shall
provide those services specified in the "Scope of Work" attached hereto as Exh1b1t "A" and
incorporated herein by this reference, which may be referred to herein as the "services" or "work"
hereunder As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that 1t has the qualtficat1ons, experience, and fac1!tt1es necessary to
properly perform the work reqmred under this Agreement in a thorough, competent, and
professional manner, and ts experienced in performing the work and services contemplated herein
Contractor shall at all times fa1thfully, competently and to the best of its ab1hty, experience and
talent, perform all services described herein Contractor covenants that 1t shall follow the highest
professional standards in performing the work and services required hereunder and that all
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materials will be both of good quality as well as fit for the purpose mtended For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performmg similar work under similar circumstances
1 2 Bid Documents
The Scope of Work shall include the "General Prov1s1ons" and "Special Prov1s1ons"
m the bid documents for the project entitled g.VI c, -C, ..\-""' a:£ ~ fo.w l/~ .
mcludmg any documents or exh1b1ts referenced therem (collect1vely, "bid documents"), all of
which are mcorporated herem by this reference In the event of any mcons1stency between the
terms of the bid documents and this Agreement, the terms of this Agreement shall govern
1 3 Compliance with Law.
Contractor shall keep itself mformed concerning, and shall render all services
hereunder in accordance with, all ordmances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental entity havmg jurisd1ct1on m effect at the time
service 1s rendered
1 4 Compliance with Callforma Labor Law
(a) Public Work The Parties acknowledge that the work to be
performed under this Agreement 1s a "public work" as defined m Labor Code Section 1720 and
that this Agreement 1s therefore subject to the requirements of D1v1s10n 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relatmg to public works contracts
and the rules and regulations established by the Department of Industrial Relations ("DIR")
1mplementmg such statutes The work performed under this Agreement 1s subject to compliance
monitormg and enforcement by the DIR Contractor shall post jOb site notices, as prescribed by
regulation
(b) Prevailmg Wages Contractor shall pay prevailmg wages to the
extent required by Labor Code Section 1771 Pursuant to Labor Code Section 1773 2, copies of
the prevailmg rate of per diem wages are on file at City Hall and will be made available to any
mterested party on request By m1t1atmg any work under this Agreement, Contractor acknowledges
receipt of a copy of the Department of Industrial Relat10ns (DIR) determmat1on of the prevail mg
rate of per diem wages, and Contractor shall post a copy of the same at each job site where work
1s performed under this Agreement
(c) Penalty for Failure to Pay Prevailmg Wages Contractor shall
comply with and be bound by the prov1s10ns of Labor Code Sections 1774 and 1775 concern mg
the payment of prevail mg rates of wages to workers and the penalties for failure to pay prevail mg
wages The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each
calendar day, or portion thereof, for each worker paid less than the prevailmg rates as determmed
by the DIR for the work or craft m which the worker 1s employed for any public work done
pursuant to this Agreement by Contractor or by any subcontractor
(d) Payroll Records Contractor shall comply with and be bound by the
prov1s1ons of Labor Code Section 1776, which requires Contractor and each subcontractor to keep
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accurate payroll records and verify such records in writing under penalty of perJury, as specified
in Section 1776, certify and make such payroll records available for inspection as provided by
Section 1776, and inform the City of the location of the records
(e) Apprentices Contractor shall comply with and be bound by the
prov1s1ons of Labor Code Sect10ns 1777 5, 1777 6, and 1777 7 and California Code of Regulations
Title 8, Section 200 et seq concerning the employment of apprentices on public works proJects
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprent1ceable occupations Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprent1cesh1p program
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of
its subcontractors shall submit to the City a verified statement of the Journeyman and apprentice
hours performed under this Agreement
(f) Eight-Hour Work Day Contractor acknowledges that eight (8)
hours labor constitutes a legal day's work Contractor shall comply with and be bound by Labor
Code Section 1810
(g) Penalties for Excess Hours Contractor shall comply with and be
bound by the prov1s1ons of Labor Code Section 1813 concerning penalties for workers who work
excess hours The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for
each worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker ts required or permitted to work
more than eight (8) hours in any one calendar day and forty ( 40) hours in any one calendar week
in v1olat1on of the prov1s10ns ofD1v1s10n 2, Part 7, Chapter I, Article 3 of the Labor Code Pursuant
to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8)
hours per day, and forty ( 40) hours durmg any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not less than one and one-half
(I½) times the basic rate of pay
(h) Workers' Compensation California Labor Code Sections 1860 and
3700 provide that every employer will be required to secure the payment of compensation to its
employees 1f 1t has employees In accordance with the prov1s1ons of California Labor Code Section
1861, Contractor certifies as follows
"I am aware of the prov1s1ons of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensat10n or to
undertake self-insurance in accordance with the prov1s1ons of that code, and I will
comply with such prov1s1ons before commencing the performance of the work of
this contract "
Contractor's Authorized Imt1als µ>3
(1) Contractor's Respons1b1lity for Subcontractors For every
subcontractor who will perform work under this Agreement, Contractor shall be responsible for
such subcontractor's compliance with D1v1s1on 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code, and shall make such compliance a requirement in any contract
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with any subcontractor for work under this Agreement Contractor shall be required to take all
actions necessary to enforce such contractual prov1s1ons and ensure subcontractor's compltance,
including without ltm1tat1on, conducting a review of the certified payroll records of the
subcontractor on a periodic basts or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages Contractor shall dtltgently take
corrective action to halt or rectify any such failure by any subcontractor
1 5 Licenses, Permits, Fees and Assessments
Contractor shall obtain at its sole cost and expense such ltcenses, permits,
reg1strat1ons, and approvals as may be required by law for the performance of the services required
by this Agreement Contractor shall have the sole obltgat1on to pay for any fees, assessments and
taxes, plus appltcable penalties and interest, which may be imposed by law and arise from or are
necessary for the Contractor's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder
1 6 Fam1hanty with Work
(a) By executing this Agreement, Contractor warrants that Contractor
(1) has thoroughly investigated and considered the scope of work to be performed, (11) has carefully
considered how the services should be performed, and (111) fully understands the fac1ltt1es,
d1fficult1es and restrictions attending performance of the services under this Agreement If the
services involve work upon any site, Contractor warrants that Contractor has or will mvest1gate
the site and 1s or will be fully acquainted with the cond1t10ns there existing, prior to commencement
of services hereunder
(b) Contractor shall promptly, and before the following cond1t1ons are
disturbed, notify the City, in writing, of any (1) material Contractor belteves may be hazardous
waste as defined in Sect ton 25117 of the Health & Safety Code required to be removed to a Class
I, II, or III disposal site in accordance with ex1stmg law, (11) subsurface, unknown or latent
cond1ttons, materially different from those indicated, or (111) unknown physical cond1t10ns at the
site of any unusual nature, different from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in this Agreement, and will materially affect the
performance of the services hereunder
(c) City shall promptly investigate the cond1t1ons, and tf 1t finds that
the cond1t1ons do materially differ, or do involve hazardous waste, and cause a decrease or increase
m Contractor's cost of, or the time required for, performance of any part of the work, shall issue a
change order per Section 1 10 of th 1s Agreement
(d) In the event that a dispute arises between City and Contractor
whether the cond1t1ons materially differ, or involve hazardous waste, or cause a decrease or
increase in Contractor's cost of, or time required for, performance of any part of the work,
Contractor shall not be excused from any scheduled complet10n date set, but shall proceed with all
work to be performed under the Agreement Contractor shall retain any and all rights provided
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either by contract or by law, which pertain to the resolution of disputes and protests between the
contracting parties
(e) City will compensate Contractor to the extent required by
Government Code Section 4215 by issuing a change order per Sect ton 1 10 of thts Agreement
1 7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and
maintaining storage fac1ltt1es, during the ltfe of the Agreement to furnish continuous protection to
the work, and the equipment, materials, papers, documents, plans, studies and/or other components
thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the work by City, except such losses or damages as caused by City's
own negltgence Stored materials shall be reasonably accessible for inspection Contractor shall
not, without City's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials
which have been installed or deltvered and which may be necessary for the completion of the work
18 Warranty
Contractor warrants all work under the Agreement (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and any
non-conforming materials incorporated into the work) to be of good qualtty and free from any
defective or faulty material and workmanship Contractor agrees that for a period of one year (or
the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided
by any manufacturer or supplter of equipment or materials incorporated into the work, whichever
,slater) after the date of final acceptance, Contractor shall within ten (10) days after being notified
in writing by the City of any defect in the work or non-conformance of the work to the Agreement,
commence and prosecute with due dtltgence all work necessary to fulfill the terms of the warranty
at ,ts sole cost and expense Contractor shall act as soon as requested by the City in response to an
emergency In add1t1on, Contractor shall, at ,ts sole cost and expense, repair, remove and replace
any portions of the work (or work of other contractors) damaged by ,ts defective work or which
becomes damaged in the course of repamng or replacing defective work For any work so
corrected, Contractor's obltgat1on hereunder to correct defective work shall be reinstated for an
add1t1onal one year period, commencing with the date of acceptance of such corrected work
Contractor shall perform such tests as the City may require to verify that any corrective actions,
including, without ltm1tat1on, redesign, repairs, and replacements comply with the requirements of
the Agreement All costs associated with such corrective act10ns and testing, including the
removal, replacement, and reinst1tut1on of equipment and materials necessary to gain access, shall
be the sole responstbtltty of the Contractor All warranties and guarantees of subcontractors,
supplters and manufacturers with respect to any portion of the work, whether express or ,mplted,
are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not
such warranties and guarantees have been transferred or assigned to the City by separate agreement
and Contractor agrees to enforce such warranties and guarantees, tf necessary, on behalf of the
City In the event that Contractor fatls to perform ,ts obltgat,ons under this Section, or under any
other warranty or guaranty under th,s Agreement, to the reasonable sat1sfact1on of the City, the
City shall have the right to correct and replace any defective or non-conforming work and any
work damaged by such work or the replacement or correction thereof at Contractor's sole expense
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Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand
1 9 Further Respons1b1htles of Parties
Both parties agree to use reasonable care and diligence to perform the1r respective
obhgat1ons under this Agreement Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement Unless hereafter specified, neither party shall be responsible for the service of
the other
1 10 Add1tlonal Work and Change Orders
(a) City shall have the nght at any time during the performance of the
services, without invahdating this Agreement, to order extra work beyond that specified in the
Scope of Work or make changes by altering, adding to or deducting from said work No such extra
work may be undertaken unless a wntten change order 1s first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (1) the Contract Sum, and/or (u) the time to
perform this Agreement, which said adjustments are subject to the wntten approval of the
Contractor ("Change Order") All Change Orders must be signed by the Contractor and Contract
Officer pnor to commencing the extra work thereunder
(b) Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever 1s less, or any increase in the time to perform of up to one
hundred eighty (180) days, and does not matenally affect the Work and which are not detnmental
to the Work or to the interest of the City, may be approved by the Contract Officer Any greater
increases, taken either separately or cumulatively, must be approved by the City Council
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exh1b1t "C" If the rates in
the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such
work shall not exceed an amount agreed upon in wnting and signed by Contractor and Contract
Officer If the cost of the Change Order cannot be agreed upon, the City will pay for actual work
of the Change Order completed, to the sat1sfact1on of the City, as follows
(1) Labor the cost oflabor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work 1s
done The use of labor class1ficat1ons that would increase the cost of such work shall not be
permitted
(u) Matenals and Eqmpment the cost of matenals and
eqmpment shall be at cost to Contractor or lowest current pnce which such matenals and
eqmpment are reasonably available at the time the work 1s done, whichever 1s lower
(m) If the cost of the extra work cannot be agreed upon, the
Contractor must provide a daily report that includes invoices for labor, matenals and equipment
costs for the work under the Change Order The daily report must include list ofnames of workers,
class1ficat1ons, and hours worked, descnpt10n and hst of quantities of matenals used, type of
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equipment, size, 1dent1ficatton number, and hours of operation, including loading and
transportation, 1f appltcable, description of other City authorized services and expenditures in such
detail as the City may requtre Fatlure to submit a datly report by the close of the next working day
may, at the City's sole and absolute d1scret1on, waive the Contractor's rights for that day
( d) It 1s expressly understood by Contractor that the prov1s10ns of thts
Section I IO shall not apply to services specifically set forth in the Scope of Work Contractor
hereby acknowledges that 1t accepts the risk that the services to be provided pursuant to the Scope
of Work may be more costly or time consuming than Contractor ant1c1pates and that Contractor
shall not be entitled to add1t1onal compensation therefor City may in its sole and absolute
d1scret1on have s1mtlar work done by other contractors
(e) No claim for an increase in the Contract Sum or time for
performance shall be valtd unless the procedures establtshed in this Section are followed
l 11 Specaal Requirements.
Add1t1onal terms and cond1t10ns of this Agreement, 1f any, which are made a part
hereof are set forth in the "Special Requirements" attached hereto as Exh1b1t "B" and incorporated
herein by this reference In the event of a conflict between the prov1s1ons of Exh1b1t "B" and any
other prov1s10ns ofthts Agreement, the prov1s1ons of Exh1b1t "B" shall govern
ARTICLE 2 COMPENSATION AND METHOD OF PAYMENT
2 l Contract Sum
SubJect to any ltm1tat1ons set forth in this Agreement, City agrees to pay Contractor
the amounts specified in the "Schedule of Compensation" attached hereto as Exh1b1t "C" and
incorporated herein by thts reference The total compensat10n, mcluding reimbursement for actual
expenses, shall not exceed $160,409 93 (One Hundred Sixty Thousand Four Hundred Nme
Dollars and Nmety Three Cents) (the "Contract Sum"), unless add1t1onal compensation ts
approved pursuant to Section I I 0
2 2 Method of Com pensataon
The method of compensation may include (1) a lump sum payment upon
completion, (11) payment in accordance with specified tasks or the percentage of completion of the
services less the contract retent10n, (111) payment for time and materials based upon the
Contractor's rates as specified in the Schedule of Compensation, provided that (a) time estimates
are provided for the performance of sub tasks, (b) contract retention ts maintained and ( c) the
Contract Sum 1s not exceeded, or (1v) such other methods as may be specified in the Schedule of
Compensation
2 3 Reimbursable Expenses
Compensation may mclude reimbursement for actual and necessary expenditures
for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer
in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Sect10n 4 5,
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and only 1f specified in the Schedule of Compensation The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City
Coordination of the performance of the work with City 1s a critical component of the services If
Contractor 1s required to attend add1t1onal meetings to facilitate such coordination, Contractor shall
not be entitled to any add1t1onal compensation for attending said meetings
2 4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month in a form approved by City's
Director of Finance By submitting an invoice for payment under this Agreement, Contractor 1s
certifying compliance with all prov1s1ons of the Agreement The invoice shall contain all
information specified in Exh1b1t "C", and shall detail charges for all necessary and actual expenses
by the following categories labor (by sub-category), travel, materials, equipment, supplies, and
sub-contractor contracts Sub-contractor charges shall also be detailed by such categories
Contractor shall not invoice City for any duplicate services performed by more than one person
City shall, as soon as practicable, independently review each invoice submitted by
the Contractor to determine whether the work performed and expenses incurred are in compliance
with the prov1s1ons of this Agreement Except as to any charges for work performed or expenses
incurred by Contractor which are disputed by City, or as provided in Section 7 3, City will cause
Contractor to be paid within thirty (30) days of receipt of Contractor's correct and undisputed
invoice, however, Contractor acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period In the event that City
does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and
properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent
allowed under Public Contract Code Section 20 I 04 50 In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Contractor, not later than seven
(7) days after receipt by the City, for correction and resubm1ss1on Returned invoices shall be
accompanied by a document setting forth in writing the reasons why the payment request was
rejected Review and payment by the City of any invoice provided by the Contractor shall not
constitute a waiver of any rights or remedies provided herein or any applicable law
2 5 Waiver
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor
ARTICLE 3 PERFORMANCE SCHEDULE
3 1 Time of Essence
Time 1s of the essence in the performance of this Agreement
3 2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of
a written notice to proceed and shall perform all services within the time period(s) established in
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the "Schedule of Performance" attached hereto as Exh1b1t "D" and incorporated herein by this
reference When requested by the Contractor, extensions to the time penod(s) specified in the
Schedule of Performance may be approved in wnting by the Contract Officer but not exceeding
one hundred eighty ( 180) days cumulatively
3 3 Force MaJeure
The time penod(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, ep1dem1cs, quarantine restrictions, nots, strikes, freight embargoes, wars,
lit1gat10n, and/or acts ofany governmental agency, including the City, 1fthe Contractor shall within
ten ( I 0) days of the commencement of such delay notify the Contract Officer in wnting of the
causes of the delay The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and 1f in the
Judgment of the Contract Officer such delay 1sJust1fied The Contract Officer's determination shall
be final and conclusive upon the parties to this Agreement In no event shall Contractor be entitled
to recover damages against the City for any delay in the performance ofth1s Agreement, however
caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section
3 4 Inspection and Fmal Acceptance
City may inspect and accept or reject any of Contractor's work under this
Agreement, either during performance or when completed City shall reJect or finally accept
Contractor's work within forty-five (45) days after submitted to City City shall accept work by a
timely written acceptance, otherwise work shall be deemed to have been rejected City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such
gross mistakes as to amount to fraud Acceptance of any work by City shall not constitute a waiver
of any of the prov1s1ons ofth1s Agreement including, but not limited to, Articles I and 5, pertaining
to warranty and indemnification and insurance, respectively
3.5 Term
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding
one (I) year from the date hereof, except as otherwise provided in the Schedule of Performance
(Exh1b1t "D")
ARTICLE 4 COORDINATION OF WORK
4 1 Representatives and Personnel of Contractor
The following principals of Contractor ("Principals") are hereby designated as
being the principals and representatives of Contractor authorized to act in its behalf with respect
to the work specified herein and make all dec1s10ns in connect10n therewith
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Brady Olsen _____ _ Senior Pro1ect Director
(Name) (Title)
It ts expressly understood that the experience, knowledge, capabtltty and reputat10n
of the foregoing Principals were a substantial inducement for City to enter into this Agreement
Therefore, the Principals shall be responsible during the term of this Agreement for directing all
act1v1t1es of Contractor and devoting sufficient time to personally supervise the services hereunder
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals For purposes of this Agreement, the Principals may not be
replaced nor may their respons1b1ht1es be substantially reduced by Contractor without the express
written approval of City Add1t1onally, Contractor shall make every reasonable effort to maintain
the stab1ltty and continuity of Contractor's staff and subcontractors, tf any, assigned to perform
the services requtred under this Agreement Contractor shall notify City of any changes in
Contractor's staff and subcontractors, tf any, assigned to perform the services requtred under this
Agreement, prior to and during any such performance
4.2 Status of Contractor
Contractor shall have no authority to bind City in any manner, or to incur any
obltgatton, debt or ltab1ltty of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority 1s expressly conferred under this Agreement or 1s otherwise
expressly conferred in wnting by City Contractor shall not at any time or in any manner represent
that Contractor or any of Contractor's officers, employees, or agents are in any manner officials,
officers, employees or agents of City Neither Contractor, nor any of Contractor's officers,
employees or agents, shall obtain any rights to retirement, health care or any other benefits which
may otherwise accrue to City's employees Contractor expressly waives any claim Contractor may
have to any such rights
4 3 Contract Officer
The Contract Officer shall be James O'Neill, ProJect Manager, such person as may
be designated by the Director of Public Works It shall be the Contractor's respons1b1ltty to assure
that the Contract Officer 1s kept informed of the progress of the performance of the services and
the Contractor shall refer any dec1s1ons which must be made by City to the Contract Officer Unless
otherwise specified herein, any approval of City requtred hereunder shall mean the approval of the
Contract Officer The Contract Officer shall have authority, tf specified in wnting by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement
4 4 Independent Contractor
Neither the City nor any of its employees shall have any control over the manner,
mode or means by which Contractor, ,ts agents or employees, perform the services required herein,
except as otherwise set forth herein City shall have no v01ce in the selection, discharge,
superv1s1on or control of Contractor's employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service Contractor shall perform all services requtred
herein as an independent contractor of City and shall remain at all times as to City a wholly
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independent contractor with only such obligations as are consistent with that role Contractor shall
not at any time or in any manner represent that 1t or any of its agents or employees are agents or
employees of City City shall not in any way or for any purpose become or be deemed to be a
partner of Contractor in its business or otherwise or a Joint venturer or a member of any Joint
enterprise with Contractor
4 5 Proh1b1tlon Agamst Subcontractmg or Assignment
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for the City to enter into this Agreement Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City All subcontractors shall
obtain, at its or Contractor's expense, such licenses, permits, reg1strat1ons and approvals (including
from the City) as may be reqmred by law for the performance of any services or work under this
Agreement In add1t1on, neither this Agreement nor any interest herein may be transferred,
assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for
the benefit of creditors or otherwise, without the prior written approval of City Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more
than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all
transfers into account on a cumulative basis In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be v01d No approved transfer shall
release the Contractor or any surety of Contractor of any hab1hty hereunder without the express
consent of City
ARTICLE 5 INSURANCE, INDEMNIFICATION AND BONDS
5 1 Insurance Coverages
Without limiting Contractor's indemnification of City, and prior to commencement
of any services under this Agreement, Contractor shall obtain, provide and maintain at its own
expense during the term ofth1s Agreement, policies of insurance of the type and amounts described
below and in a form satisfactory to City
(a) General ltab1ltty insurance Contractor shall maintain commercial general
ltab1ltty insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodlly
inJury, personal inJury, and property damage The policy must include contractual hab1hty that has
not been amended Any endorsement restricting standard ISO "insured contract" language will not
be accepted Add1t1onal Insurance as referenced in Sect10n 5 2(a) below shall provide coverage for
both ongoing and completed operations, and shall provide for both a defense and indemnity of the
City
(b) Automoblle ltab1ltty insurance Contractor shall maintain automoblle
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodlly in Jury and
property damage for all act1v1t1es of the Contractor ansmg out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single ltm1t for each accident
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( c) Profess10nal habtlity (errors & om1ss1ons) insurance Contractor shall
maintain professional liab1lity insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $3,000,000 per claim and in the aggregate Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
five (5) years after completion of the services required by this Agreement
(d) Workers' compensation insurance Contractor shall maintain Workers'
Compensation Insurance (Statutory L1m1ts) and Employer's Liability Insurance (with hm1ts of at
least $1,000,000)
(e) Umbrella or excess liabtltty insurance Contractor shall obtain and maintain
an umbrella or excess liab1lity insurance that will provide bodily injury, personal injury and
property damage ltab1lity coverage at least as broad as the primary coverages set forth above,
including commercial general liab1lity and employer's liabtlity Such poltcy or policies shall
include the following terms and cond1t1ons
• Pay on behalf of wording as opposed to reimbursement,
• Concurrency of effective dates with primary poltc1es,
• Policies shall "follow form" to the underlying primary policies, and
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies
(f) Pollution liab1lity insurance Environmental Impairment L1ab1lity Insurance
shall be written on a Contractor's Pollut10n L1ab1ltty form, or other form acceptable to the City,
providing coverage for liability arising out of sudden, accidental and gradual pollut10n and
remed1at1on The poltcy limit shall be no less than $1,000,000 dollars per claim and in the
aggregate All act1v1t1es contemplated in this Agreement shall be specifically scheduled on the
poltcy as "covered operations" The poltcy shall provide coverage for the hauling of waste from
the project site to the final disposal locat10n, including non-owned disposal sites
(g) Builder's risk insurance Upon commencement of construction and with
approval of City, Contractor shall obtain and maintain builder's risk insurance for the entire
duration of the Project until only the City has an insurable interest The Builder's Risk coverage
shall include the coverages as specified below
The named insureds shall be Contractor and City, including its officers,
officials, employees, and agents All Subcontractors (excluding those solely responsible for design
Work) of any tier and suppliers shall be included as add1t1onal insureds as their interests may
appear Contractor shall not be required to maintain property insurance for any portion of the
Project following transfer of control thereof to City The poltcy shall contain a prov1s1on that all
proceeds from the builder's risk pohcy shall be made payable to the City The City will act as a
fiduciary for all other interests in the Project
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Policy shall be provided for replacement value on an "all risk" basis for the
completed value of the project There shall be no coinsurance penalty or prov1s10nal limit prov1s1on
in any such pohcy Pohcy must include ( 1) coverage for any ensuing loss from faulty
workmanship, Nonconforming Work, om1ss10n or deficiency in design or spec1ficat10ns, (2)
coverage against machinery accidents and operational testing, (3) coverage for removal of debris,
and insuring the buildings, structures, machinery, equipment, materials, fac1lit1es, fixtures and all
other properties constituting a part of the Project, (4) Ordinance or law coverage for contingent
rebuilding, demolition, and increased costs of construction, (5) transit coverage (unless insured by
the supplier or receiving contractor), with sub-hm1ts sufficient to insure the full replacement value
of any key equipment item, (6) Ocean marine cargo coverage insuring any Project materials or
supphes, 1f apphcable, (7) coverage with sub-hm1ts sufficient to insure the full replacement value
of any property or equipment stored either on or off the Site or any staging area Such insurance
shall be on a form acceptable to Agency to ensure adequacy of terms and sublim1ts and shall be
submitted to the Agency prior to commencement of construction
(h) Subcontractors Contractor shall include all subcontractors as insureds
under its pohc1es or shall furnish separate certificates and certified endorsements for each
subcontractor All coverages for subcontractors shall include all of the requirements stated herein
City shall be an add1t1onal insured on all subcontractor polices pursuant to this Sect10n 5 I and
Section 5 2 below
(1) Add1t1onal Insurance Pohc1es of such other insurance, as may be required
in the Special Requirements in Exh1b1t "B"
5 2 General Insurance Requirements
(a) Proof of insurance Contractor shall provide add1t1onal insured
endorsements to City as evidence of the insurance coverage required herein, along with a waiver
of subrogation endorsement for workers' compensat10n Certificates of Insurance will not be
acceptable Endorsements must be approved by City's Risk Manager prior to commencement of
performance Current Endorsements and Declarations pages shall be kept on file with City at all
times during the term of this Agreement City reserves the right to require complete, certified
copies of all required insurance policies, at any time In the event the City makes such a request,
Contractor shall 1mmed1ately provide the requested pohc1es and provide any such Privacy Act
release required by the City to Contractor's insurers relative to pohcy information
(b) Durat10n of coverage Unless a longer or shorter term 1s specified herein
with respect to a specific type of insurance, Contractor shall procure and maintain for the duration
of this Agreement all of the insurance required by this Agreement
(c) Products/completed operations coverage Products/completed operations
coverage shall extend a minimum of three (3) years after project completion Coverage shall be
included on behalf of the insured for covered claims arising out of the actions of independent
contractors If the insured ts using subcontractors, the Poltcy must include work performed "by or
on behalf' of the insured Pohcy shall contain no language that would invahdate or remove the
insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage Policy
shall specifically provide for a duty to defend on the part of the insurer The City, its officials,
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officers, agents, and employees, shall be included as addttlonal insureds under the Products and
Completed Operations coverage
(d) Primary/noncontributing For insurance required by Section 5 l(a) and (b)
coverage provided by Contractor shall be primary and any insurance or self-insurance procured or
maintained by City shall not be required to contribute with 1t The hm1ts of insurance required
herein may be satisfied by a combination of primary and umbrella or excess insurance Any
umbrella or excess insurance shall comply with the Proof of Insurance requirements of paragraph
5 2(a), and must contain or be endorsed to contain a prov1s10n that such coverage shall also apply
on a primary and non-contributory basts for the benefit of City before the City's own insurance or
self-insurance shall be called upon to protect 1t as a named insured
(e) City's rights of enforcement In the event any pohcy of insurance required
under this Agreement does not comply with these spec1ficat1ons or 1s canceled and not replaced,
City has the right but not the duty to obtain the insurance 1t deems necessary and any premtum
paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient
to pay premium from Contractor payments In the altemat1ve, City may cancel this Agreement
(f) Acceptable insurers All insurance pohc1es shall be issued by an insurance
company currently authorized by the Insurance Comm 1ss10ner to transact business of insurance or
that ts on the List of Approved Surplus Line Insurers in the State of Cahfornta, with an assigned
pohcyholders' Rating of A-(or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest ed1t10n of Best's Key Rating Gutde, unless otherwise approved by the
City's Risk Manager
(g) Waiver of subrogation All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in comphance with these spec1ficat1ons to waive
their right of recovery prior to a loss Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its
subcontractors
(h) Enforcement of contract prov1s1ons (non-estoppel) Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requtrement imposes no add1t10nal obhgat1ons on the City
nor does 1t waive any rights hereunder
(1) Reqmrements not hm1ting Reqmrements of specific coverage features or
hm1ts contained in this section are not intended as a hm1tat1on on coverage, hm1ts or other
requirements, or a waiver of any coverage normally provided by any insurance Specific reference
to a given coverage feature ts for purposes of clarification only as 1t pertains to a given issue and
1s not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type If the Contractor maintains higher hm1ts than the minimums shown above,
the City requtres and shall be entitled to coverage for the higher hm1ts maintained by the
Contractor Any available insurance proceeds in excess of the specified minimum hm1ts of
insurance and coverage shall be available to the City
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(J) Notice of cancellat1on Contractor agrees to obltge its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellat1on (except for
nonpayment for which a ten (10) day notice 1s required) or nonrenewal of coverage for each
required coverage
(k) Proh1b1t1on of undisclosed coverage hm1tat10ns None of the coverages
required herein will be in compltance with these requirements 1f they include any ltm1ting
endorsement of any kind that has not been first submitted to City and approved of in writing
(I) Separat10n of insureds Commercial General L1ab1ltty and Automobile
poltc1es shall contain a severab1ltty of interests prov1s1on must apply for all add1t1onal insureds
ensuring that Contractor's insurance shall apply separately to each insured against whom claim 1s
made or suit 1s brought, except with respect to the insurer's ltm1ts of ltab1ltty The poltcy(1es) shall
not contain any cross-ltab1hty exclusions
(m) Pass through clause Contractor agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who 1s brought onto or involved in
the project by Contractor, provide the same minimum insurance coverage and endorsements
required of Contractor Contractor agrees to monitor and review all such coverage and assumes all
respons1b1ltty for ensuring that such coverage ts provided in conformity with the requirements of
this section Contractor agrees that upon request, all agreements with consultants, subcontractors,
and others engaged in the project will be submitted to City for review
(n) Agency's right to revise spec1ficat1ons The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Contractor ninety (90) days advance written notice of such change If such change
results in substantial add1t1onal cost to the Contractor, the City and Contractor may renegotiate
Contractor's compensation
(o) Self-insured retentions Any self-insured retentions must be declared to and
approved by City City reserves the right to require that self-insured retentions be eltminated,
lowered, or replaced by a deductible Self-insurance will not be considered to comply with these
spec1ficat1ons unless approved by City Contractor shall be responsible for 1mmed1ately satisfying
any deductible, retained ltm1t or self-insured retention in order for the City to be afforded an
1mmed1ate defense
(p) Timely notice of claims Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor's performance
under this Agreement, and that involve or may involve coverage under any of the required ltab1ltty
poltc1es City's fatlure to promptly tender defense directly to any insurer shall not be considered
"voluntary" within the meaning of any insurer's "voluntary payments" clause or s1mtlar prov1s1on
No defense costs or indemnity obltgat10n incurred by the City in any matter arising from or related
to Contractor's acts or om1ss1ons in the performance of this Agreement shall be considered
"voluntary "
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(q) Add1t1onal kmds of msurance Contractor shall also procure and mamtam,
at its own cost and expense, any add1t1onal kmds of msurance, which in its own Judgment may be
necessary for its proper protection and prosecution of the work
5 3 Indemmficatlon
To the full extent permitted by law, Contractor agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will
hold and save them and each of them harmless from, any and all actions, either Jud1c1al,
admm1strat1ve, arb1trat1on or regulatory claims, damages to persons or property, losses, costs,
penalties, obhgattons, errors, om1ss10ns or hab1ht1es whether actual or threatened (herein "claims
or hab1lit1es") that may be asserted or claimed by any person, firm or entity arismg out of or m
connection with the negligent performance of the work, operations or act1v1t1es provided herein of
Contractor, its officers, employees, agents, subcontractors, or invitees, or any ind1v1dual or entity
for which Contractor 1s legally liable ("mdemnitors"), or arismg from Contractor's or mdemnitors'
reckless or willful misconduct, or arising from Contractor's or mdemnitors' negligent performance
of or fatlure to perform any term, prov1s1on, covenant or cond1t1on of this Agreement, and m
connection therewith
(a) Contractor will upon tender of defense by the City, immediately
defend any action or actions filed in connection with any of said claims or liab1littes and will pay
all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith
Contractor expressly waives any contention that an 1mmed1ate defense obligation does not arise
pursuant to any prov1s1on of the Cahfornia C1v1I Code and/or Crawford v Weathersh1eld (2008)
44 Cal 4th 541, or its progeny
(b) Contractor will promptly pay any Judgment rendered against the
City, its officers, agents or employees for any such claims or liab1ht1es arising out of or m
connection with the negligent performance of or failure to perform such work, operations or
act1v1t1es of Contractor hereunder, and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless therefrom,
(c) In the event the City, its officers, agents or employees 1s made a
party to any action or proceedmg filed or prosecuted against Contractor for such damages or other
claims arising out of or m connection with the negligent performance of or failure to perform the
work, operation or act1v1t1es of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such act10n or proceeding, includmg but not hm1ted to, legal costs and
attorneys' fees
In add1t10n, Contractor agrees to indemnify, defend and hold harmless the
Indemnified Parties from, any and all claims and hab1lit1es for any infrmgement of patent rights,
copyrights or trademark on any person or persons m consequence of the use by the Indemnified
Parties of articles to be supplied by Contractor under this Agreement, and ofwh1ch the Contractor
ts not the patentee or assignee or has not the lawful right to sell the same
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Contractor shall mcorporate the prov1s1ons of this Section 5 3 m all mdemnity
agreements with its subcontractors and 1f 1t fads to do so Contractor shall be fully responsible to
mdemnify City hereunder therefore, and failure of City to monitor compliance with these
prov1s1ons shall not be a waiver hereof This mdemnificat1on mcludes claims or liab1lit1es arismg
from any negligent or wrongful act, error or om1ss1on, or reckless or w11lful misconduct of
Contractor m the performance of professional services and work hereunder The prov1s10ns ofth1s
Section do not apply to claims or liab1ht1es occurrmg as a result of City's sole negligence or willful
acts or om1ss10ns, but, to the fullest extent permitted by law, shall apply to claims and liab1lit1es
resultmg m part from City's negligence, except that design professionals' mdemnity hereunder
shall be limited to claims and liab1lit1es arismg out of the negligence, recklessness or willful
misconduct of the design professional The indemnity obligat10n shall be bmdmg on successors
and assigns of Contractor and shall survive termmat1on of this Agreement
5.4 Notification of Third-Party Claims
City shall timely notify Contractor of the receipt of any third-party claim relatmg
to the work under this Agreement City shall be entitled to recover from Contractor its reasonable
costs mcurred m prov1dmg such not1ficat1on
5 5 Performance and Labor Bonds
Concurrently with execution ofth1s Agreement Contractor shall deliver to the City,
the followmg
(a) A performance bond m the amount of the Contract Sum of this
Agreement, m the form provided by the City Clerk, which secures the faithful performance ofth1s
Agreement
(b) A labor and materials bond m the amount of the Contract Sum of
this Agreement, m the form provided by the City Clerk, which secures the payment of all persons
furnishmg labor and/or materials m connection with the work under this Agreement
Both the performance and labors bonds required under this Section 5 5 shall contam
the origmal notarized signature of an authorized officer of the surety and affixed thereto shall be a
certified and current copy ofh1s power of attorney The bond shall be uncond1t1onal and remam m
force durmg the entire term of the Agreement and shall be null and v01d only 1f the Contractor
promptly and faithfully performs all terms and cond1t1ons ofth1s Agreement and pays all labor and
materials for work and services under this Agreement
5.6 Sufficiency oflnsurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only 1f issued
by companies qualified to do busmess m California, rated "A" or better m the most recent ed1t1on
of Best's Ratmg Guide, The Key Ratmg Guide or m the Federal Register, and only 1fthey are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
of the City ("Risk Manager") due to unique circumstances If this Agreement contmues for more
than 3 years duration, or m the event the Risk Manager determmes that the work or services to be
performed under this Agreement creates an mcreased or decreased risk of loss to the City, the
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Contractor agrees that the mm1mum hm1ts of the msurance policies and the performance bond
required by Section 5 5 may be changed accordmgly upon receipt of written notice from the Risk
Manager
5 7 Substitution of Securities
Pursuant to Public Contract Code Section 22300, subst1tut1on of ehg1ble equivalent
securities for any funds withheld to ensure performance under this Agreement may be permitted
at the request and sole expense of the Contractor Alternatively, the Contractor may, pursuant to
an escrow agreement m a form prescribed by Public Contract Code Section 22300, request
payment of retentions funds earned directly to the escrow agent at the sole expense of the
Contractor
5 8 Release of Securities
City shall release the Performance and Labor Bonds when the followmg have occurred
(a) Contractor has made a written request for release and provided
evidence of sat1sfact1on of all other requirements under Article 5 of this Agreement,
(b) the Work has been accepted, and
(c) after passage of the time w1thm which hen claims are required to be
made pursuant to applicable laws, 1f hen claims have been timely filed, City shall hold the Labor
Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise
as required by applicable law
ARTICLE 6 RECORDS, REPORTS, AND RELEASE OF INFORMATION
6 1 Records
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, mvo1ces, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records m compliance wnh all applicable laws, or other documents relatmg to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services Any and all such documents shall be
mamtamed m accordance with generally accepted accountmg prmc1ples and shall be complete and
detailed The Contract Officer shall have full and free access to such books and records at all times
durmg normal busmess hours of City, mcludmg the right to mspect, copy, audit and make records
and transcripts from such records Such records shall be mamtamed for a period of 3 years
followmg completion of the services hereunder, and the City shall have access to such records m
the event any audit 1s required In the event of d1ssolut10n of Contractor's busmess, custody of the
books and records may be given to City, and access shall be provided by Contractor's successor
m mterest Notw1thstandmg the above, the Contractor shall fully cooperate with the City m
prov1dmg access to the books and records 1f a public records request 1s made and disclosure 1s
required by law mcludmg but not limited to the California Public Records Act
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6 2 Reports
Contractor shall periodically prepare and submit to the Contract Officer such
reports concernmg the performance of the services required by thts Agreement as the Contract
Officer shall require Contractor hereby acknowledges that the City ts greatly concerned about the
cost of work and services to be performed pursuant to this Agreement For thts reason, Contractor
agrees that tf Contractor becomes aware of any facts, circumstances, techniques, or events that
may or will materially mcrease or decrease the cost of the work or services contemplated herem
or, tf Contractor ts provtdmg design services, the cost of the proJect bemg designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated mcreased or decreased cost related thereto and, tf Contractor ts prov,dmg dest~n
services, the estimated mcreased or decreased cost estimate for the project bemg designed
6 3 Ownership of Documents
All drawmgs, spec1ficat1ons, maps, designs, photographs, studies, surveys, data,
notes, computer files, reports, records, documents and other materials (the "documents and
materials") prepared by Contractor, ,ts employees, subcontractors and agents m the performance
ofthts Agreement shall be the property of City and shall be deltvered to City upon request of the
Contract Officer or upon the termmatton of thts Agreement, and Contractor shall have no claim
for further employment or add1t1onal compensation as a result of the exercise by City of ,ts full
rights of ownership use, reuse, or assignment of the documents and materials hereunder Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Contractor w,11 be at the City's sole risk
and without ltab,!tty to Contractor, and Contractor's guarantee and warranties shall not extend to
such use, reuse or assignment Contractor may retam copies of such documents for its own use
Contractor shall have an unrestricted right to use the concepts embodied therem All subcontractors
shall provide for assignment to City of any documents or materials prepared by them, and m the
event Contractor fails to secure such assignment, Contractor shall mdemnify City for all damages
resultmg therefrom Moreover, Contractor with respect to any documents and materials that may
qualtfy as "works made for hire" as defined m 17 U SC § 101, such documents and materials are
hereby deemed "works made for hire" for the City
6.4 Confidentiality and Release oflnformat10n
(a) mformatton gamed or work product produced by Contractor m
performance of this Agreement shall be considered confident1al, unless such mformatton 1s m the
publtc domam or already known to Contractor Contractor shall not release or disclose any such
mformat,on or work product to persons or ent1t1es other than City without prior written
authorization from the Contract Officer
(b) Contractor, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depos1t10ns,
response to mterrogatories or other mformat1on concernmg the work performed under this
Agreement Response to a subpoena or court order shall not be considered "voluntary" provided
Contractor gives City notice of such court order or subpoena
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(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in v10Iat1on of thts Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys' fees, caused by or incurred as a result of Contractor's conduct
(d) Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
depos1t1on, request for documents, interrogatories, request for adm1ss10ns or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under City retains the right, but has no obltgat1on, to represent Contractor or be present at
any depos1t1on, hearing or s1m1lar proceeding Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Contractor However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response
ARTICLE 7 ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 Cahforma Law
Thts Agreement shall be interpreted, construed and governed both as to vahdtty and
to performance of the parties in accordance with the laws of the State of Caltfornta Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of Caltforma, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
Jurisd1ct1on of such court in the event of such action In the event of ltt1gat1on in a U S District
Court, venue shall he exclusively in the Central District of Caltforma, in the County of Los
Angeles, State of Caltfornta
7 2 Disputes
(a) Default, Cure In the event that Contractor ts in default under the
terms of this Agreement, the City shall not have any obltgat1on or duty to continue compensating
Contractor for any work performed after the date of default Instead, the City may give notice to
Contractor of the default and the reasons for the default The notice shall include the t1meframe in
which Contractor may cure the default This t1meframe 1s presumptively thirty (30) days, but may
be extended, though not reduced, 1f circumstances warrant During the period of time that
Contractor ts in default, the City shall hold all inv01ces and shall proceed with payment on the
invoices only when the default 1s cured In the alternative, the City may, in its sole d1scret10n, elect
to pay some or all of the outstanding invoices during the period of default If Contractor does not
cure the default, the City may take necessary steps to terminate this Agreement under this Article
Any failure on the part of the City to give notice of the Contractor's default shall not be deemed
to result in a waiver of the City's legal rights or any rights arising out of any prov1s1on of this
Agreement
(b) Dispute Resolution This contract 1s subJect to the prov1s10ns of
Article I 5 (commencing at Sect10n 20104) ofD1v1s10n 2, Part 3 of the Caltforma Publtc Contract
Code regarding the resolution of publtc works claims ofless than $375,000 Article I 5 mandates
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certam procedures for the filmg of claims and supportmg documentation by the Contractor, for the
response to such claims by the City, for a mandatory meet and confer conference upon the request
of the Contractor, for mandatory non-bmdmg med1at1on m the event ltt1gat1on 1s commenced, and
for mandatory JUdtctal arb1trat1on upon the fatlure to resolve the dispute through med1at1on This
Agreement hereby mcorporates the prov1s1ons of Article 1 5 as though fully set forth herem
7 3 Retention of Funds
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arismg out of this Agreement) (1) any amounts the payment of which may be m
dispute hereunder or which are necessary to compensate City for any losses, costs, hab1ht1es, or
damages suffered by City, and (11) all amounts for which City may be hable to third parties, by
reason of Contractor's acts or om1ss10ns m performmg or fatlmg to perform Contractor's
obhgat1on under this Agreement In the event that any claim ts made by a third party, the amount
or vahd1ty of which ts disputed by Contractor, or any mdebtedness shall exist which shall appear
to be the basts for a claim of hen, City may withhold from any payment due, without ltab1ltty for
mterest because of such w1thholdmg, an amount sufficient to cover such claim The fat lure of City
to exercise such right to deduct or to withhold shall not, however, affect the obhgat1ons of the
Contractor to msure, mdemmfy, and protect City as elsewhere provided herem
7 4 Waiver
Waiver by any party to thts Agreement of any term, cond1t10n, or covenant of this
Agreement shall not constitute a waiver of any other term, cond 1t1on, or covenant Waiver by any
party of any breach of the prov1s1ons of this Agreement shall not constitute a waiver of any other
prov1s10n or a waiver of any subsequent breach or v10lat1on of any prov1s1on of this Agreement
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of
the prov1s10ns of this Agreement No delay or om 1ss10n m the exercise of any right or remedy by
a non-defaultmg party on any default shall 1mpa1r such right or remedy or be construed as a waiver
Any waiver by either party of any default must be m writmg and shall not be a waiver of any other
default concern mg the same or any other prov1s10n of this Agreement
7 5 Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive m
this Agreement, the rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise by 1t, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party
7 6 Legal Action
In add1t1on to any other rights or remedies, either party may take legal action, m
law or m equity, to cure, correct or remedy any default, to recover damages for any default, to
compel specific performance of this Agreement, to obtam declaratory or mJunct1ve rehef, or to
obtam any other remedy consistent with the purposes of this Agreement Notw1thstandmg any
contrary prov1s1on herem, Contractor shall file a claim pursuant to Government Code Sections 905
et seq and 910 et seq , m order to pursue a legal action under this Agreement
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7 7 L1qmdated Damages
Smee the determmat1on of actual damages for any delay m performance of this
Agreement would be extremely difficult or 1mpract1cal to determme m the event of a breach of
this Agreement, the Contractor and its sureties shall be liable, m add1t1on to any liquidated damages
pursuant to paragraph 5 2(b) above, for and shall pay to the City the sum of $250 (Two Hundred
Fifty Dollars) as liquidated damages for each workmg day of delay m the performance of any
service required hereunder, as specified m the Schedule of Performance (Exh1b1t "0") The City
may withhold from any monies payable on account of services performed by the Contractor any
accrued liquidated damages Pursuant to Government Code Section 4215, Contractor shall not be
assessed liquidated damages for delay m completion of the proJect when such delay was caused
by the failure of the public agency or owner of the utility to provide for removal or relocation of
utility fac1lit1es
7 8 Termmat1on Prior to Exp1ration of Term
This Section shall govern any termmat1on of this Contract except as specifically
provided in the follow mg Sect10n for termmat1on for cause The City reserves the right to terminate
th 1s Contract at any time, with or without cause, upon fourteen (14) days' written notice to
Contractor, except that where termmat1on 1s due to the fault of the Contractor, the period of notice
may be such shorter time as may be determined by the Contract Officer Upon receipt of any notice
of termmat1on, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer Except where the Contractor has m1t1ated
termmat1on, the Contractor shall be entitled to compensation for all services rendered prior to the
effective date of the notice oftermmat1on and for any services authorized by the Contract Officer
thereafter m accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided m Section 7 3 In the event the Contractor has in1t1ated
termination, the Contractor shall be entitled to compensat10n only for the reasonable value of the
work product actually produced hereunder In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-term mating party with the opportunity
to cure pursuant to Section 7 2
7.9 Termmat1on for Default of Contractor
If termination 1s due to the failure of the Contractor to fulfill its obligations under
this Agreement, City may, after compliance with the prov1s1ons of Section 7 2, take over the work
and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to m1t1gate such
damages), and City may withhold any payments to the Contractor for the purpose of set-off or
partial payment of the amounts owed the City as previously stated
7 10 Attorneys' Fees
If either party to this Agreement 1s required to m 1tiate or defend or made a party to
any action or proceedmg m any way connected with this Agreement, the prevailmg party in such
action or proceedmg, m add1t1on to any other relief which may be granted, whether legal or
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eqmtable, shall be entitled to reasonable attorney's fees Attorney's fees shall mclude attorney's
fees on any appeal, and m add1t1on a party entitled to attorney's fees shall be entitled to all other
reasonable costs for mvest1gatmg such action, takmg depos1t1ons and discovery and all other
necessary costs the court allows which are mcurred m such httgatton All such fees shall be deemed
to have accrued on commencement of such action and shall be enforceable whether or not such
action 1s prosecuted to Judgment
7.11 Unfair Busmess Practices Claims
In entering mto this Agreement, Contractor offers and agrees to assign to the City
all rights, title, and mterest m and to all causes ofact1on 1t may have under Section 4 of the Clayton
Act (15 U S C § 15) or under the Cartwright Act (Chapter 2, ( commencmg with Section 16700)
of Part 2 of D1v1s1on 7 of the Busmess and Professions Code), arismg from purchases of goods,
services or materials related to this Agreement This assignment shall be made and become
effective at the time the City renders final payment to the Contractor without further
acknowledgment of the Parties
ARTICLE 8 CITY OFFICERS AND EMPLOYEES NON-DISCRIMINATION
8 1 Non-hab1hty of City Officers and Employees
No officer or employee of the City shall be personally liable to the Contractor, or
any successor m mterest, m the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obhgat1on of the terms
of this Agreement
8.2 Conflict of Interest
Contractor covenants that neither 1t, nor any officer or prmc1pal of its firm, has or
shall acquire any mterest, directly or md1rectly, which would conflict m any manner with the
mterests of City or which would m any way hmder Contractor's performance of services under
this Agreement Contractor further covenants that m the performance ofth1s Agreement, no person
havmg any such mterest shall be employed by 1t as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer Contractor agrees to at all times avoid
conflicts of mterest or the appearance of any conflicts of mterest with the mterests of City m the
performance ofth1s Agreement
No officer or employee of the City shall have any financial mterest, direct or
mdirect, m this Agreement nor shall any such officer or employee part1c1pate m any dec1s10n
relatmg to the Agreement which effects his financial mterest or the financial mterest of any
corporation, partnership or association m which he 1s, directly or md1rectly, mterested, m v10lat1on
of any State statute or regulation The Contractor warrants that 1t has not paid or given and will not
pay or give any third party any money or other cons1derat1on for obtammg this Agreement
8 3 Covenant Agamst D1scr1mmatlon.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all
persons cla1mmg under or through them, there shall be no d1scrimmat1on agamst or segregation
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of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientat10n, marital status, national origm, ancestry, or other protected class m the performance of
this Agreement Contractor shall take affirmative action to msure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, gender, sexual orientation, marital status, national origm, ancestry, or other protected class
8 4 Unauthorized Ahens.
Contractor hereby promises and agrees to comply with all of the prov1s1ons of the
Federal Imm1grat1on and Nat1onahty Act, 8 U S C § 1101 et seq , as amended, and m connection
therewith, shall not employ unauthorized aliens as defined therem Should Contractor so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any hab1hty or sanctions be imposed agamst City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such hab1ht1es or sanctions
imposed, together with any and all costs, mcludmg attorneys' fees, mcurred by City
ARTICLE 9 MISCELLANEOUS PROVISIONS
9 1 Notices
Any notice, demand, request, document, consent, approval, or communication
either party desires or 1s required to give to the other party or any other person shall be m writmg
and either served personally or sent by prepaid, first-class mail, m the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275 and m the
case of the Contractor, to the person at the address designated on the execut10n page of this
Agreement Either party may change its address by not1fymg the other party of the change of
address m writmg Notice shall be deemed communicated at the time personally delivered or m
seventy-two (72) hours from the time of mailmg 1f mailed as provided m this Section All
correspondence relatmg to this Agreement shall be serialized consecutively
9 2 Interpretation
The terms of this Agreement shall be construed m accordance with the mean mg of
the language used and shall not be construed for or agamst either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply
9 3 Counterparts
This Agreement may be executed m counterparts, each of which shall be deemed
to be an original, and such counterparts shall constitute one and the same mstrument
9 4 Integration, Amendment
This Agreement mcludmg the attachments hereto 1s the entire, complete and
exclusive expression of the understandmg of the parties It 1s understood that there are no oral
agreements between the parties hereto affectmg this Agreement and this Agreement supersedes
and cancels any and all previous negotiat1ons, arrangements, agreements and understandings, 1f
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any, between the parties, and none shall be used to interpret this Agreement No amendment to or
mod1ficat10n of this Agreement shall be valtd unless made in writing and approved by the
Contractor and by the City Council The parties agree that this requirement for written
mod1ficat1ons cannot be waived and that any attempted waiver shall be void
9 5 Severab1hty
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invaltd or unenforceable by a valtd
Judgment or decree of a court of competent Jurisd1ct1on, such invaltdtty or unenforceab,ltty shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invaltd prov1s10n ts so material that ,ts invaltdtty deprives either
party of the baste benefit of their bargain or renders this Agreement meaningless
9 6 Warranty & Representation of Non-Collus1on
No official, officer, or employee of City has any financial interest, direct or indirect,
in this Agreement, nor shall any official, officer, or employee of City part1c1pate in any dec1s10n
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporat,on, partnership, or assoc1at1on in which (s)he ,s directly or indirectly interested, or in
v1olat1on of any corporat,on, partnership, or assoc1at1on in which (s)he ts directly or indirectly
interested, or in v1olat1on of any State or muntctpal statute or regulation The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "non interests" pursuant to Government Code Sections 1091 or 1091 5 Contractor
warrants and represents that ,t has not patd or given, and w,11 not pay or give, to any third party
including, but not ltmtted to, any City official, officer, or employee, any money, cons1derat1on, or
other thmg of value as a result or consequence of obtammg or bemg awarded any agreement
Contractor further warrants and represents that (s)he/tt has not engaged many act(s), om1ss10n(s),
or other conduct or collusion that would result in the payment of any money, cons1derat1on, or
other thmg of value to any third party mcludmg, but not ltmtted to, any City official, officer, or
employee, as a result of consequence of obtaming or bemg awarded any agreement Contractor ts
aware of and understands that any such act(s), om1ss1on(s) or other conduct resulting in such
payment of money, cons1derat1on, or other thmg of value will render this Agreement void and of
no force or effect
Contractor's Authorized lntttals 1,13
9 7 Corporate Authonty
The persons executing thts Agreement on behalf of the parties hereto warrant that
(1) such party ,s duly organized and ex1stmg, (11) they are duly authorized to execute and deliver
thts Agreement on behalf of said party, (111) by so executing thts Agreement, such party ts formally
bound to the prov1s1ons of this Agreement, and (1v) the entering mto thts Agreement does not
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01203 0006/848669 6
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v10late any prov1s10n of any other Agreement to which said party 1s bound This Agreement shall
be bmdmg upon the heirs, executors, admm1strators, successors and assigns of the parties
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written
ATTEST
APPROVED AS TO FORM
ALESHIRE & WYNDER, LLP
u)ul~ u:J ~
Wilham W Wynder, City ~rney
CITY
CITY OF RANCHO PALOS VERDES, a
mc1pal corporat10n
CONTRACTOR
A TI RESTORATIONS, LLC, a California
ltm1ted ltab1ltty com any
By & "
Bl
R
Address 3360 East La Palma A venue
Anaheim, California 92806
Two corporate officer signatures required when Contractor 1s a corporation, with one signature required from
each of the followmg groups I) Chairman of the Board,,Pres1dent or any Vice President, and 2) Secretary, any
Assistant Secretary, Chief Fmanc1al Officer or any Assistant Treasurer CONTRACTOR'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY
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01203 0006/848669 6
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ACKNOWLEDGMENT
A notary pubhc or other officer completing this
certificate verifies only the 1dent1ty of the ind1v1dual
who signed the document to which this certificate 1s
attached, and not the truthfulness, accuracy, or
vahd1ty of that document
State of California 0 County of range
On January 13th, 2023 before me, Cassandra Ann ONe1II, Notary Public -----------(insert name and title of the officer)
personally appeared _B_l_ak_e_Br_u_g_m_a_n ___________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capac1ty(1es), and that by h1s/her/the1r s1gnature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument
I certify under PENAL TY OF PERJURY under the laws of the State of Cahforrna that the foregoing
paragraph 1s true and correct
WITNESS my h
~;, CA~S,.1~;:;_,, "~~: -.:ILL
Noury ~•;b11c (3•11or~
Or~nge co~ ,r, s:
Cori,-1ss1on=2364181 -
y Comm Exp1 e< JLI 5 2025
(Seal)
B-29
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the 1dent1ty of the ind1v1dual
who signed the document to which this certificate 1s
attached, and not the truthfulness, accuracy, or
validity of that document
State of California 0 County of range
On January 13th, 2023 before me, Cassandra Ann ONe1II, Notary Public -----------(ms e rt name and title of the officer)
personally appeared _K_e_v_m_B_re_n_n_a_n ___________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same m
his/her/their authorized capac1ty(1es), and that by h1s/her/the1r s1gnature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph 1s true and correct
WITNESS my h c1al seal
(Seal)
B-30
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary publtc or other officer completing this certificate verifies only the 1dent1ty of the ind1v1dual who signed the
document to which this certificate 1s attached, and not the truthfulness, accuracy or valtd1ty of that document
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On ___ _, 2023 before me, _______ , personally appeared _______ , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in h1s/her/the1r authorized capac1ty(1es), and that by
his/her/their s1gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph 1s true
and correct
WITNESS my hand and official seal
Signature ______________ _
OPTIONAL
Though the data below 1s not required by law, 1t may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORA TE OFFICER
□
□ □ □ □
TITLE(S)
PARTNER(S) 0
□ ATTORNEY-IN-FACT
LIMITED
GENERAL
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING
(NAME OF PERSON(S) OR ENTITY(IES))
01203 0006/848669 6
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DA TE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
B-31
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completmg this certificate verifies only the 1dent1ty of the md1v1dual who signed the
document to which this certificate 1s attached, and not the truthfulness, accuracy or validity of that document
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On ____ , 2023 before me, _______ , personally appeared _______ , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the w1thm mstrument and
acknowledged to me that he/she/they executed the same m h1s/her/the1r authorized capac1ty(1es), and that by
his/her/their s1gnature(s) on the mstrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the mstrument
I certify under PENAL TY OF PERJURY under the laws of the State ofCahforma that the foregomg paragraph 1s true
and correct
WITNESS my hand and official seal
Signature ______________ _
OPTIONAL
Though the data below 1s not required by law, 1t may prove valuable to persons relymg on the document and could
prevent fraudulent reattachment ofth1s form
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORA TE OFFICER
□
□ □ □ □
TITLE(S)
PARTNER(S) 0
□ ATTORNEY-IN-FACT
LIMITED
GENERAL
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING
(NAME OF PERSON(S) OR ENTITY(IES))
01203 0006/848669 6
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DA TE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
B-32
EXHIBIT "A"
SCOPE OF WORK
I Contractor shall perform all of the work as detailed in the bid sheet, attached hereto as
Exh1b1t "A-l"
II Brief descript10n of the work to be performed
Repair damaged portions of the Point Vicente Interpretive Center, as detailed in the
proposal attached hereto as Exh1b1t "A-l ", to replicate pre-damaged cond1t1ons
III In add1t1on to the requirements of Sect10n 6 2, during performance of the work, Contractor
will keep the City apprised of the status of performance by deltvering the following status
reports
A See Exh1b1t "D" Schedule of Performance, Section III
IV. All work 1s subJect to review and acceptance by the City, and must be revised by the
Contractor without add1t1onal charge to the City until found satisfactory and accepted by
City
V Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic
in accordance with the Work Area Traffic Control Handbook (WATCH), latest ed1t1on
0 I 203 0006/848669 6 A-1
B-33
Lme Item Toni
C,hfomn Lumber .\>Se,sment Fee
C,hfomn Carpet Ste\\ 1rd,h1p .\s,e,,ment Fee
M,ternl S,les TT\
~ubtot1I
O,erhe1cl
Profit
Repl,cement Co,t \ nlue
"-et Clum
01203 0006/848669 6
EXHIBIT "A-1"
BID SHEET
~umman
[ continued on next page]
A-2
131912 n
2 70
104 77
I 6,1 2,
11' 67 ➔ 91
n ,67 10
n ,67 ,o
$160,409 93
$160,409 93
B-34
EJE:ATlj: A TI Restoration, LLC
3360 E La Palma Avenue
Anaheim, CA 92806
Mam Level
Tel 714 283-9990 Fax 714 283 9995
www atirestorat1on com
License I 075543
Tax ID 33-0352215
RVIC-2
Mam Level
DESCRIPTION QUANTITY UNIT PRICE
I Commercial Superv1s1on / ProJect 32 00 HR 168 00
Management -per hour
2 Dumpster load -Approx 30 yards, 5 7 I OOEA 780 00
tons of debns
3 Final cleaning -construction -3,209 07 SF 0 56
Commercial
4 General Demohllon -per hour 40 OOHR 113 60
5 Scaffolding Setup & Take down -per 8 OOHR 103 16
hour
6 Scaffold -per section (per week) 600WK 51 21
104 Performance Payment Bond• I OOEA 3,133 01
Total Mam Level
Hallway
744 00 SF Walls
TAX
000
0 00
000
0 00
000
0 00
0 00
0 00
998 39 SF Walls & Ceiling
28 27 SY Flooring
93 00 LF Ceil Perimeter
DESCRIPTION QUANTITY UNIT PRICE TAX
7 Remove Wallpaper -High grade 372 00 SF 3 31 0 00
8 5/8" -drywall per LF -up to 4' tall 93 00 LF 36 40 21 61
9 Texture drywall -smooth/ skim coat 744 00 SF 3 59 644
10 Wallpaper -High grade 744 00 SF 6 11 78 51
II R&R Crown molding -
3
1/4" stain 93 OOLF 13 03 20 65
grade
12 Interior door -Detach & reset -slab 6 OOEA 64 33 0 00
only
13 R&R Door opemng (Jamb & casing) -
6
OOEA 319 54 71 20
32"to36"w1de -stain grade
14 Stam & fimsh door/window tnm & 600EA 122 61 3 07
Jamb (per side)
15 Floor prep (scrape rubber back residue) 254 39 SF I 82 0 00
16 R&R Glue down carpet -heavy traffic 254 39 SF 8 00 86 74
17 Cove base molding -rubber or vinyl, 93 00 LF 4 22 13 92
6" high
RVIC-2
A-3
O&P
1,075 20
156 00
359 42
908 80
165 06
61 46
626 60
3,352 54
O&P
246 26
681 36
535 48
924 86
246 50
77 20
397 70
147 76
92 60
424 36
81 28
RCV DEPREC
6,451 20 (0 00)
936 00 (0 00)
2,156 50 (0 00)
5,452 80 (0 00)
990 34 (0 00)
368 72 (0 00)
3,759 61 (0 00)
20,115 17 0 00
254 39 SF Ce1lmg
254 39 SF Floor
ACV
6 451 20
936 00
2,15650
5,452 80
990 34
368 72
3,759 61
20,115 17
Height 8'
93 00 LF Floor Perimeter
RCV DEPREC ACV
1,47758 (0 00) 1,477 58
4,088 17 (0 00) 4,088 17
3,212 88 (0 00) 3,212 88
5,549 21 (0 00) 5,549 21
1,478 94 (0 00) 1,478 94
463 18 (0 00) 463 18
2,386 14 (0 00) 2,386 14
886 49 (0 00) 886 49
555 59 (0 00) 555 59
2,546 22 (0 00) 2,546 22
487 66 (0 00) 487 66
1/10/2023 Page 2
B-35
3=:A~ 5 ATI Restoration, LLC
3360 E La Palma Avenue
Anaheim, CA 92806
Tel 714 283-9990 Fax 714 283 9995
www atirestorat1on com
License I 075543
Tax ID 33-0352215
CONTINUED -Hallway
DESCRIPTION QUANTITY UNIT PRICE TAX
Totals Hallway 302 14
Office I
411 85 SF Walls
580 71 SF Walls & Ceiling
18 76 SY Flooring
51 48 LF Ceil Penmeter
l-4 4 -I
DESCRIPTION QUANTITY UNIT PRICE TAX
18 Mask the floor per square foot -plastic 168 85 SF 0 69 0 80
and tape -
4
mil
19 Ban msulauon -6' -
R
19 -unfaced 102 OOSF I 55 5 78
ban
20 5/8 ' -drywall per LF -up to 4' tall 51 48 LF 36 40 11 96
21 Texture drywall -smooth/ skim coat 411 85 SF 3 59 3 57
22 Seal/pnme then pamt the walls and 580 71 SF 2 78 9 15
cetlmg (2 coats)
23 Window blmd -honzontal or vertical -
I
ODEA 85 27 0 00
Detach & reset
24 R&R Window tnm set (casing & stop) -22 00 LF 13 44 5 79
stam grade
25 Stam & finish door/wmdow tnm & I ODEA 122 61 0 51
Jamb (per side)
26 R&R Glue down carpet -heavy traffic 168 85 SF 8 00 57 58
27 Floor prep (scrape rubber back residue) 168 85 SF I 82 0 00
28 Cove base molding -rubber or vmyl, 51 48 LF 4 22 7 70
6" high
Totals Office I 102 84
RVIC-2
A-4
O&P RCV DEPREC ACV
3,855 36 23,132 06 0 00 23,132 06
Height 8'
168 85 SF Ceilmg
168 85 SF Floor
51 48 LF Floor Penmeter
O&P RCV DEPREC ACV
23 46 140 77 (0 00) 140 77
32 78 196 66 (0 00) 196 66
377 18 2,263 01 (0 00) 2,263 01
29642 1,778 53 (0 00) I 778 53
324 72 1,948 24 (0 00) 1,948 24
17 06 102 33 (0 00) 102 33
60 30 361 77 (0 00) 361 77
24 62 147 74 (0 00) 147 74
281 68 1,690 06 (0 00) 1,690 06
61 46 368 77 (0 00) 368 77
45 00 269 95 (0 00) 269 95
1,544 68 9,267 83 0 00 9,267 83
1/10/2023 Page 3
B-36
~ATlj fisr A TI Restoration, LLC
3360 E La Palma Avenue
Anaheim, CA 92806
Tel 714 283-9990 Fax 714 283 9995
www atirestorauon com
License I 075543
Tax ID 33-0352215
Office 2
441 33 SF Walls
627 38 SF Walls & Ceiling
20 67 SY Flooring
55 17 LF Ceil Penmeter
DESCRIPTION QUANTITY UNIT PRICE TAX
29 Mask the floor per square foot -plastic l8604SF 0 69 0 88
and tape -
4
mil
30 Ban msulauon -6" -
R
19 -unfaced 50 OOSF I 55 2 84
ban
31 5/8" -drywall per LF -up to 4' tall 55 l7LF 3640 12 82
32 Texture drywall -smooth/ skim coat 441 33 SF 3 59 3 82
33 Seal/pnme then pamt the walls and 627 38 SF 2 78 9 88
ce1hng (2 coats)
34 Wmdow blmd -horizontal or vertical -
2
OOEA 85 27 000
Detach & reset
35 R&R Wmdow tnm set (casmg & stop) -44 00 LF 13 44 11 57
stam grade
36 Stam & finish door/wmdow tnm & 2 OOEA 122 61 I 02
Jamb (per side)
37 Floor prep (scrape rubber back residue) 186 04 SF I 82 0 00
38 R&R Glue down carpet -heavy traffic 186 04 SF 8 00 63 44
39 Cove base molding -rubber or vmyl, 55 17 LF 4 22 8 25
6" high
Totals Office 2 114 52
Library
DESCRIPTION
40 Remove Wallpaper -High grade
41 5/8" -drywall per LF -up to 4' tall
42 Texture drywall -smooth/ skim coat
43 Wallpaper -High grade
RVIC-2
651 29 SF Walls
979 33 SF Walls & Ceiling
36 45 SY Flooring
81 41 LF Ceil Penmeter
QUANTITY UNIT PRICE TAX
162 50 SF 3 31 000
40 71 LF 3640 946
65 I 29 SF 3 59 S 64
325 65 SF 6 11 34 36
A-5
O&P
25 86
16 06
404 20
317 64
350 80
34 10
120 58
49 24
67 72
310 36
48 22
1,744 78
O&P
107 58
298 26
468 74
404 82
186 04 SF Ceiling
186 04 SF Floor
Height 8'
55 17 LF Floor Penmeter
RCV DEPREC
155 11 (0 00)
96 40 (0 00)
2,425 21 (0 00)
1,905 83 (0 00)
2,104 80 (0 00)
204 64 (0 00)
723 SI (0 00)
295 48 (0 00)
406 31 (0 00)
I 862 12 (0 00)
289 29 (0 00)
10,468 70 0 00
328 04 SF Ceiling
328 04 SF Floor
ACV
155 11
96 40
2,425 21
1,905 83
2,104 80
204 64
723 51
295 48
406 31
1,862 12
289 29
10,468 70
Height 8'
81 41 LF Floor Perimeter
RCV DEPREC ACV
645 46 (0 00) 645 46
1,789 56 (0 00) 1,789 56
2,812 SI (0 00) 2,812 SI
2,428 90 (0 00) 2,428 90
1/10/2023 Page 4
B-37
~4 -r~l :=,• ATI R C -,..•V ::;:; estorataon, LL
3360 E La Palma Avenue
Anaheim, CA 92806
Tel 714 283-9990 Fax 714 283 9995
www at1restorat1on com
License I 075543
Tax ID 33-0352215
CONTINUED -Library
DESCRIPTION QUANTITY UNIT PRICE TAX
44 Cabinetry -lower (base) units -Reset 18 00 LF 117 72 0 00
45 Wallpaper Hanger -per hour 8 OOHR 239 78 000
Add1t1onal hours are needed for the soffit and above the book shelve
46 Carpenter -Fm1sh, Tnm / Cabinet -per 16 OOHR 217 13 0 00
hour
O&P RCV DEPREC ACV
423 80 2,542 76 (0 00) 2,542 76
383 64 2,301 88 (0 00) 2,301 88
694 82 4,168 90 (0 00) 4,168 90
Addmonal hours are needed to sort/organize and assembly the cabinets left by the EMS company See photos
47 Intenor door -Detach & reset -slab 2 00 EA 64 33 0 00
only
48 R&R Door opening (Jamb & casmg) -2 ODEA 319 54 23 73
32"to36"w1de -stam grade
49 Stam & finish door/wmdow tnm & 200EA 122 61 I 02
Jamb (per side)
50 Floor prep (scrape rubber back residue) 328 04 SF I 82 000
51 R&R Glue down carpet -heavy traffic 328 04 SF 8 00 111 86
52 Cove base molding rubber or vmyl, 40 71 LF 4 22 6 09
6" high
Totals Library 192 16
Work Room
DESCRIPTION
53 Mask the floor per square foot -plasttc
and tape -
4
mil
54 Batt msulatton -6" -
R
19 -unfaced
batt
55 5/8" -drywall per LF -up to 4' tall
56 Texture drywall -smooth/ skim coat
57 Wmdow blmd -honzontal or vertical -
Detach & reset
58 R&R Wmdow tnm set (casmg & stop) -
stam grade
RVIC-2
498 67 SF Walls
728 06 SF Walls & Ceiling
25 49 SY Flooring
62 33 LF Ceil Perimeter
QUANTITY UNIT PRICE TAX
229 40 SF 069 I 08
62 00 SF I 55 3 52
31 17LF 3640 7 24
498 67 SF 3 59 4 32
200EA 85 27 0 00
24 DOLF 13 44 6 31
A-6
25 74
132 56
49 24
11940
547 24
35 58
3,691 42
O&P
31 88
19 92
228 36
358 90
34 10
65 76
15440 (0 00)
795 37 (0 00)
295 48 (0 00)
71643 (0 00)
3,283 42 (0 00)
213 47 (0 00)
22,148 54 0 00
229 40 SF Ceiling
229 40 SF Floor
154 40
795 37
295 48
716 43
3,283 42
213 47
22,148 54
Height 8'
62 33 LF Floor Perimeter
RCV DEPREC ACV
191 25 (0 00) 191 25
119 54 (0 00) 119 54
1,370 19 (0 00) 1,370 19
2,15345 (0 00) 2 153 45
204 64 (0 00) 204 64
394 63 (0 00) 394 63
1/10/2023 Page 5
B-38
~AT!) f~ A TI Restoration, LLC
3360 E La Palma Avenue
Anaheim, CA 92806
Tel 714 283-9990 Fax 714 283 9995
www at1restorahon com
License 1075543
Tax ID 33-0352215
CONTINUED -Work Room
DESCRIPTION QUANTITY UNIT PRICE TAX
59 Stam & finish door/wmdow tnm & 2 OOEA 122 61 I 02
Jamb (per side)
60 Add for glued down apphcallOn over 229 40 SF 5 13 2 89
concrete substrate
61 Floor preparation for resilient floonng 229 40 SF 149 I 81
62 R&R Vmyl t1le 229 40 SF 9 76 39 92
63 Cove base molding -rubber or vmyl, 62 33 LF 4 22 9 33
6" high
64 Seal/pnme then pamt the walls and 728 06SF 2 78 11 47
ceiling (2 coats)
Totals Work Room 88 91
Studio
l l'\ 544 56 SF Walls
..:> ~ /~ 830 83 SF Walls & Ce1lmg ~ \' ._ -'o 31 81 SY Floonng .,., ""'>
"o-~ ~ 68 07 LF Ceil Penmeter
~ -'o ~ ,..,_8 5
DESCRIPTION QUANTITY UNIT PRICE TAX
65 Mask the floor per square foot -plastic 286 27 SF 0 69 I 35
and tape -
4
mil
66 Ban msulat1on -6" -
R
19 -unfaced 136 OOSF I 55 7 71
batt
67 5/8" -drywall per LF -up to 4' tall 68 07 LF 36 40 15 81
68 Texture drywall -smooth I skim coat 544 56SF 3 59 4 72
69 Wmdow blmd -honzontal or vertical -
2
OOEA 85 27 000
Detach & reset
70 R&R Wmdow tnm set (casmg & stop)-24 00 LF 13 44 6 31
stam grade
71 Stam & finish door/wmdow tnm & 2 OOEA 122 61 I 02
Jamb (per side)
72 Cove base molding -rubber or vmyl, 68 07 LF 4 22 1018
6" high
73 Cabinetry -full height unit -Reset 5 OOLF 117 29 0 00
74 Cabinetry -lower (base) units -Reset 14 OOLF 117 72 000
RVIC-2
A-7
O&P RCV DEPREC ACV
49 24 295 48 (0 00) 295 48
235 94 1,415 65 (0 00) 1,415 65
68 72 412 34 (0 00) 412 34
455 78 2,734 64 (0 00) 2,734 64
5446 326 82 (0 00) 326 82
407 10 2,442 58 (0 00) 2,442 58
2,010 16 12,061 21 0 00 12,061 21
Height 8'
286 27 SF Ce1lmg
286 27 SF Floor
68 07 LF Floor Penmeter
O&P RCV DEPREC ACV
39 78 238 66 (0 00) 238 66
43 70 262 21 (0 00) 262 21
498 72 2,992 28 (0 00) 2,992 28
391 94 2,351 63 (0 00) 2,351 63
34 10 204 64 (0 00) 204 64
65 76 394 63 (0 00) 394 63
49 24 295 48 (0 00) 295 48
59 50 356 94 (0 00) 356 94
117 30 703 75 (0 00) 703 75
329 62 1,977 70 (0 00) 1,977 70
1/10/2023 Page 6
B-39
~AT!) 5 ATI Restoratmn, LLC
3360 E La Palma Avenue
Anaheim, CA 92806
Tel 714 283-9990 Fax 714 283 9995
www at1restoration com
License I 075543
Tax ID 33-0352215
CONTINUED -Studio
DESCRIPTION QUANTITY UNIT PRICE TAX
75 Carpenter -Finish, Tnm / Cabinet -per
hour
16 00HR 217 13 0 00
O&P RCV DEPREC ACV
694 82 4,168 90 (0 00) 4,168 90
Additional hours are needed to sort/organize and assembly the cabinets left by the EMS company See photos
76 Floor preparation for resilient flooring 286 27 SF I 49 2 25 85 76
77 R&R Vinyl tile 286 27 SF 9 76 49 82 568 76
78 Seal/pnme then paint the walls and 830 83 SF 2 78 13 09 464 56
ceiling (2 coats)
Totals Studio 112 26
Great Room
>-13 3 -t
DESCRIPTION
79 Mask the surface area per square foot -
plastic and tape -
4
mil
80 Remove Wallpaper -High grade
81 Texture drywall -smooth/ skim coat
82 Wallpaper -High grade
83 Carpet Installer -per hour
2877 67 SF Walls
4183 61 SF Walls & Ceiling
145 10 SY Flooring
189 74 LF Ceil Perimeter
QUANTITY UNIT PRICE TAX
1,000 00 SF 0 69 4 73
800 00 SF 3 31 000
800 00SF 3 59 6 93
800 00 SF 6 11 84 42
24 00HR 205 43 000
Add11Ional hours are needed for the custom inlay
84 Floor prep (scrape rubber back residue) 1,305 93 SF I 82 000
85 R&R Glue down carpet -heavy traffic 1,305 93 SF 8 00 445 31
86 Cove base molding -rubber or vinyl, 18974LF 4 22 28 39
6" high
Totals Great Room 569 78
RVIC-2
A-8
3,443 56
O&P
138 94
529 60
575 78
994 48
986 06
475 36
2,178 54
165 82
6,044 58
514 55
3,41257
2,787 36
20,661 30
(0 00)
(0 00)
(0 00)
0 00
514 55
3,41257
2,787 36
20,661 30
Height 15' 2"
1305 93 SF Ceiling
1305 93 SF Floor
189 74 LF Floor Perimeter
RCV DEPREC
833 67 (0 00)
3,17760 (0 00)
3,454 71 (0 00)
5,966 90 (0 00)
5,916 38 (0 00)
2,852 15 (0 00)
13,071 29 (0 00)
994 91 (0 00)
36,267 61 000
1/10/2023
ACV
833 67
3,177 60
3,454 71
5,966 90
5,91638
2,852 15
13,071 29
994 91
36,267 61
Page 7
B-40
~ATj) fil~ A TI Restoration, LLC
3360 E La Palma Avenue
Anaheim, CA 92806
Tel 714 283-9990 Fax 714 283 9995
www at1restorat1on com
License 1075543
Tax ID 33-0352215
Retail Store
488 42 SF Walls
715 61 SF Walls & Ce1hng
25 24 SY Floormg
DESCRIPTION
87 Floor prep (scrape rubber back residue)
88 R&R Glue down carpet -heavy traffic
89 Cove base molding -rubber or vinyl,
6" high
Totals Retail Store
Office
DESCRIPTION
90 Floor prep (scrape rubber back residue)
91 R&R Glue down carpet -heavy traffic
92 Cove base molding -rubber or vinyl
6" high
Totals Office
Total Mam Level
Lme Item Totals RVIC-2
Additional Charges
Cahfonua Lumber Assessment Fee
61 05 LF Ceil Perimeter
QUANTITY UNIT PRICE TAX
227 19 SF I 82 0 00
227 19 SF 8 00 77 47
61 05 LF 4 22 914
86 61
533 42 SF Walls
756 38 SF Walls & Ceilmg
24 77 SY Floormg
66 68 LF Ceil Perimeter
QUANTITY UNIT PRICE TAX
222 96SF I 82 0 00
222 96 SF 8 00 76 03
66 68 LF 4 22 9 98
86 01
1,655 23
1,655 23
Cahfom1a Carpet Stewardship Assessment Fee
Additional Charges Total
RVIC-2
A-9
O&P
82 70
379 00
53 34
515 04
O&P
81 16
371 94
58 28
51138
26,713 50
26,713 50
227 19 SF Ceilmg
227 19 SF Floor
Height 8'
61 05 LF Floor Perimeter
RCV DEPREC
496 19 (0 00)
2,273 99 (0 00)
320 11 (0 00)
3,090 29 0 00
222 96 SF Ceilmg
222 96 SF Floor
ACV
496 19
2,273 99
320 11
3,090 29
66 68 LF Floor Perimeter
RCV DEPREC ACV
486 95 (0 00) 486 95
2,231 65 (0 00) 2,231 65
349 65 (0 00) 349 65
3,068 25 0 00 3,068 25
160,280 96 0 00 160,280 96
160,280 96 0 00 160,280 96
Charge
2 70
104 77
$107 47
1/10/2023 Page 8
B-41
~Afl) 5 ATI Restoration, LLC
3360 E La Palma Avenue
Anaheim, CA 92806
Tel 714 283-9990 Fax 714 283 9995
www atirestorat1on com
License 1075543
Tax ID 33-0352215
Grand Total Areas
7,191 23 SF Walls 3,209 07
3,209 07 SF Floor 356 56
0 00 SF Long Wall 0 00
3,209 07 Floor Area 3,391 43
4,12036 Exterior Wall Area 359 81
0 00 Surface Area 000
0 00 Total Ridge Length 0 00
RVIC-2
SF Ceiling 10,400 30 SF Walls and Ceiling
SY Flooring 728 93 LF Floor Perimeter
SF Short Wall 728 93 LF Ceil Perimeter
Total Area 7,191 23 Interior Wall Area
Exterior Perimeter of
Walls
Number of Squares 0 00 Total Perimeter Length
Total Hip Length
1/10/2023 Page 9
A-10
B-42
~ ....... __ ~l ~t"s ATI R LLC -,..•_V =•~ estorahon,
3360 E La Palma Avenue
Anaheim, CA 92806
Tel 714 283-9990 Fax 714 283 9995
www at1restorat1on com
License 1075543
Tax ID 33-0352215
Lme Item Total
Cahfomia Lumber Assessment Fee
Cahfomia Carpet Stewardship Assessment Fee
Malena( Sales Tax
Subtotal
Overhead
Profit
Replacement Cost Value
Net Claim
RVIC-2
Brady Olsen
Summary
1/10/2023
A-I I
131,91223
2 70
104 77
1,655 23
133,674 93
13,367 50
13,367 50
$160,409 93
$160,409 93
Page 10
B-43
~AT!): A TI Restorataon, LLC
3360 E La Palma Avenue
Anaheim, CA 92806
Tel 714 283-9990 Fax 714 283 9995
www atirestorat1on com
License I 075543
Tax ID 33-0352215
Recap of Taxes, Overhead and Profit
Overhead (10%) Profit (10%)
Lme Items 13,356 75 13,356 75
Additional Charges 10 75 10 75
Total 13,367 50 13,367 50
RVIC-2
A-12
Material Sales Tax Storage Rental Tax
(7 875%) (7 875%)
1,655 23 0 00
0 00 0 00
1,655 23 0 00
1/10/2023 Page II
B-44
~AT!): ATI Restoration, LLC
3360 E La Palma Avenue
Anaheim, CA 92806
Tel 714 283-9990 Fax 714 283 9995
www allrestorat1on com
License I 075543
Tax ID 33-0352215
Estimate RVIC-2
Area Mam Level
Hallway
Office 1
Office 2
Library
Work Room
Studio
Great Room
Retail Store
Office
Area Subtotal Mam Level
Subtotal of Areas
Total
RVIC-2
Recap by Room
A-13
16,762 63 12 71%
18,974 56 1438%
7,620 31 578%
8,609 40 653%
18,264 96 1385%
9,962 14 755%
17,105 48 1297%
29,653 25 2248%
2,488 64 189%
2,470 86 187%
131,912 23 100 00%
131,912 23 100 00%
131,912 23 100 00%
1/10/2023 Page 12
B-45
.:::ATlj filW A TI Restorat10n, LLC
3360 E La Palma Avenue
Anaheim, CA 92806
Tel 714 283-9990 Fax 714 283 9995
www atirestorat1on com
License I 075543
Tax ID 33-0352215
Recap by Category
O&P Items
CABINETRY
CLEANING
GENERAL DEMOLITION
DOORS
DRYWALL
FLOOR COVERING -CARPET
FLOOR COVERING -VINYL
PERMITS AND FEES
FINISH CARPENTRY/ TRIMWORK
INSULATION
LABOR ONLY
PAINTING
SCAFFOLDING
WINDOW TREATMENT
WALLPAPER
O&P Items Subtotal
Permits and Fees
Material Sales Tax
Overhead
Profit
Total
RVJC-2
A-14
Total %
11,301 65 705%
1,797 08 112%
18,521 19 1155%
514 64 032%
27,050 64 1686%
26,046 58 16 24%
6,968 48 434%
3,133 01 195%
4,767 17 297%
542 so 034%
5,376 00 335%
10,822 06 675%
1,132 54 071%
596 89 037%
13,341 80 832%
131,912 23 8223%
107 47 007%
1,655 23 103%
13,367 50 ~ 833%
13,367 50 ~ 833%
160,409 93 100 00%
• nulc, lhdl 1l 111d11J,, L<hl of 1,qu1rcJ bond,
1/10/2023 Page 13
B-46
Mam Level
=
Work Room =
Studio
RVIC-2 A-15
Great Room
l
133-
[
1/10/2023
Mam Level
Page 14
B-47
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
I. Section 1.2, Bid Documents, of the Agreement is deleted in its entirety.
B-48
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of
Contractor's Proposal , and listed below:
See Exhibit "A-1" Bid Sheet
II. A retention of five percent (5%) shall be held from each payment as a contract retention to
be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the
Contract Officer, funds may be shifted from one item's subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per
Section 1.10.
IV. The City will compensate Contractor for the Services performed upon submission of a
valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum, as provided in
Section 2.1 of this Agreement.
B-49
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work within 10 weeks, starting on the Notice to Proceed date.
Prior to the Notice to Proceed, the Contractor must submit a project schedule for approval.
II. Short summary of the work:
Repair portions of the Point Vicente Interpretive Center where conditions were altered in
response to flooding that occurred on October 27, 2022 and replace carpeting and wall
surfaces as detailed in the bid sheet, Exhibit "A-1" above.
III. Contractor shall deliver the following tangible work products to the City by the following
dates.
A. Daily Reports will be delivered to the City weekly. Daily Reports must be delivered
and accepted prior to any progress payment up until the date that work is being
invoiced for.
B. Certified payroll will be delivered to the City biweekly. Certified payroll must be
delivered and accepted prior to any progress payment up until the date that work is
being invoiced for.
IV. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
B-50
PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES , ("City"), has awarded to
work
follows:
entitled
as Contractor ("Principal"), a Contract for the
and described as
-----------------------
WHEREAS, the Contractor is required under the terms of said Contract to furnish a
bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of
($ ______ _,, this amount being not less than one hundred percent (100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs , executors, administrators, and successors ,
jointly and severally, firmly by these presents . In case suit is brought upon this bond, the Surety
will pay a reasonable attorney's fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT , if the hereby bound
Contractor, or its heirs, executors , administrators, successors , or assigns, shall in all things
stand and abide by, well and truly keep and perform all undertakings , terms , covenants,
conditions, and agreements in the said Contract and any alteration thereof, made as therein
provided, all within the time and in the manner designated and in all respects according to their
true intent and meaning , then this obligation shall become null and void ; otherwise it shall be
and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no
change , extension of time , alteration , or modification of the Contract Documents or of the work
to be performed thereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of such change, extension of time, alteration, or modification of the
Contract Documents or of the work to be performed thereunder.
Executed on _______________ 20
PRINCIPAL
(Seal if Corporation) By _____________ _
Title ----------------
(Attach Acknowledgment of Authorized Representative of Principal)
B-51
Any claims under this bond may be addressed to:
of
California)
(Attach Acknowledgment)
APPROVED:
(Attorney for CITY)
NOTICE:
(name and address of Surety)
(name and address of Surety's agent for service
process in California, if different from above)
(telephone number of Surety's agent m
SURETY
By _____________ _
(Attorney-in-Fact)
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
B-52
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City"), has awarded to
work
follows:
entitled
as Contractor ("Principal"), a Contract for the
and described as
WHEREAS, said Contractor is required to furnish a bond in conjunction with said
Contract, to secure the payment of claims of laborers , mechanics, material men, and other
persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of
($ ______ ~, this amount being not less than one hundred percent (100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves , our heirs , executors, administrators , and successors ,
jointly and severally, firmly by these presents. In case suit is brought upon this bond , the Surety
will pay a reasonable attorney's fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT , if said Contractor, its
heirs , executors , administrators, successors , assigns, or subcontractor fails to pay: (1) for any
work, materials, services , provisions , provender, or other supplies , or for the use of implements
of machinery, used in , upon, for, or about the performance of the work to be done, or for any
work or labor thereon of any kind; (2) for work performed by any of the persons named in
Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code
with respect to work or labor performed under the contract; and/or ( 4) for any amounts required
to be deducted, withheld, and paid over to the Employment Development Department from the
wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of
the Unemployment Insurance Code with respect to such work and labor, then the Surety herein
will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the
above obligation shall be void .
This bond shall inure to the benefit of any of the persons named in Civil Code Section
9100 so as to give a right of action to such persons or their assigns in any suit brought upon
the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is
required to engage the services of an attorney in connection with the enforcement of this bond,
each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition
to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change , extension
of time , alteration, or modification of the Contract Documents or of the work to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice
of such change, extension of time, alteration, or modification of the Contract Documents or of
the work to be performed thereunder.
B-53
Executed on _______________ ,20 __
PRINCIPAL
(Seal if Corporation) By ________________ _
Title ----------------
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
California)
(Attach Acknowledgment)
APPROVED:
(Attorney for CITY)
NOTICE:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent m
SURETY
By _____________ _
(Attorney-in-Fact)
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
B-54
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Rancho Palos Verdes
Project: ___________________ _
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in
conformance with the requirements of Article 5 of the Contract and is in force at this time , and is
in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/ Architect prior to
any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Named Insured (Contractor)
Street Number
City and State
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability :
$ Each Accident -------
$ _______ Disease -Policy Limit
$ _______ Disease -Each Employee
Insurance Company
Street Number
City and State
By _______________ _
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
B-55
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate
holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed
herein.
This is to certify that the policy has been issued to the named insured for the policy period
indicated, notwithstanding any requirement, term , or condition of any contract or other document
with respect to which this certificate may be issued or may pertain, the insurance afforded by the
policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called
for is provided by more than one insurance company, a separate certificate in the exact above form
shall be provided for each insurance company.
B-56
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 any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The _____________________________ _
("Public Agency"), its elected officials, officers , attorneys, agents , employees , and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy .
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5 . The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction
with the written agreement( s) or permit( s) designated above, between the Named Insured and the Additional
Insureds.
6 . The policy to which this endorsement is attached shall not be subject to cancellation ,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency , by certified mail , return receipt requested, not less than thirty
(30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7 . Company hereby waives all rights of subrogation and contribution against the Additional
Insureds , while acting within the scope of their duties, from all claims , losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
B-57
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
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 A TT ACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
□ Contractual Liability
□ Owners /Landlords/Tenants
□ Manufacturers/Contractors
□ Products/Completed Operations
□ Broad Form Property Damage
□ Extended Bodily Injury
□ Broad Form Comprehensive
General Liability Endorsement
□ Explosion Hazard
□ Collapse Hazard
□ Underground Property Damage
□ Pollution Liability
□ Liquor Liability
□----------------
□----------------
□-----------------
12. A □ deductible or □ self-insured retention (check one) of$ ___________ _
applies to all coverage(s) except: __________________________ _
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on ________ at 12:01 a.m. and forms a part of
Policy Number _____ _
(signatures on following page)
B-58
I, _________________________ (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed ______________ , 20 ____ _
Telephone No.: ( ___ ) _______ _
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
B-59
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured ("Named Insured'')
Name and address of Insurance Company ("Company'')
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The __________________________ _
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits ofliability as provided
under the policy .
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits ( except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
B-60
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
□ Any Automobiles
□ All Owned Automobiles
□ Non-owned Automobiles
□ Hired Automobiles
□ Scheduled Automobiles
□ Garage Coverage
□ Truckers Coverage
□ Motor Carrier Act
□ Bus Regulatory Reform Act
□ Public Livery Coverage
□
□
12. A □ deductible or □ self-insured retention (check one) of$ ________ _
applies to all coverage(s) except: ___ (if none, so state). The deductible is applicable □
per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on ____ at 12:01 a.m. and forms a part of Policy
Number
(signatures on following page)
B-61
I, _________________________ (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed _________________ , 20 __
Telephone No.: ( ___ ) _______ _
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
B-62
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (''Named Insured ')
Name and address of Insurance Company ("Company ')
General description of agre ement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy") or in any endorsement now or hereafter attached thereto , it is agreed as follows :
1. The __________________________ _
("Public Agency"), its elected officials, officers, attorneys, agents, employees , and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy .
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance , and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy .
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision( s) contained in or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6 . The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits ( except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency, by certified mail , return receipt requested, not less than thirty
(30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties , from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds .
B-63
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
□ Following Form
□ Umbrella Liability
POLICY PERIOD
FROM/TO
□-----------------
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO.
LIMITS OF
LIABILITY
AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages: __________________________________ _
13. A □ deductible or □ self-insured retention (check one) of$ ________ _
applies to all coverage(s) except: __________________________ _
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on ____ at 12:01 a.m. and forms a part of Policy
Number ----
B-64
(signatures on following page)
I, _________________________ (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed ____________ ~ 20 __
Telephone No.: ( ___ ) _______ _
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
DocuSign Envelope ID: 830C4A92-ADB2-4E34-8877-44FC00E84661
AMENDMENT NO. 1
TO AGREEMENT FOR PUBLIC WORKS SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PUBLIC WORKS SERVICES
(“Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES, a general
law city & municipal corporation (“City”), and ATI RESTORATIONS, LLC, a Delaware limited
liability company (“Contractor”) is effective as of May 23, 2023.
RECITALS
A. City and Contractor entered into that certain Agreement for Public Works Services
dated January 17, 2023 (“Agreement”) whereby Contractor agreed to repair damaged portions of
the Point Vicente Interpretive Center to replicate pre-damaged conditions (the “Services”) within
ten weeks, for a Contract Sum of $160,409.93.
B. At the time of the approval of the Agreement on January 17, 2023, the City Council
authorized a contingency not to exceed 20% of the Contract Sum, or $32,081.99.
C. The City and Contractor now desire to amend the Agreement (“Amendment No.
1”) in order to use the contingency and increase compensation by $32,081.99 for a total Contract
Sum of $192,491.92, consistent with City Council’s approval of the Agreement on January 17,
2023.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikethrough and added text in bold italics.
a. Section 2.1, Contract Sum, is amended to read:
“Subject to any limitations set forth in this Agreement, City agrees to pay
Contractor the amounts specified in the “Schedule of Compensation” attached
hereto as Exhibit “C” and incorporated herein by this reference. The total
compensation, including reimbursement for actual expenses, shall not exceed
$160,409.93 (One Hundred Sixty Thousand Four Hundred Nine Dollars and Ninety
Three Cents) $192,491.92 (One Hundred Ninety Two Thousand Four Hundred
Ninety One Dollars and Ninety Two Cents) (the “Contract Sum”), unless
additional compensation is approved pursuant to Section 1.10.”
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement,
it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Contractor each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
C-1
DocuSign Envelope ID: 830C4A92-ADB2-4E34-8877-44FC00E84661
-2- 01203.0006/888152.3
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 1,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment No. 1,
Contractor is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 1.
5. Authority. The persons executing this Amendment No. 1 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this
Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and
(iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement
to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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DocuSign Envelope ID: 830C4A92-ADB2-4E34-8877-44FC00E84661
-3- 01203.0006/888152.3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Ara Mihranian, City Manager
ATTEST:
_
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
5/23/2023_
William W. Wynder, City Attorney
CONTRACTOR:
ATI RESTORATIONS, LLC, a Delaware
limited liability company
By:
Blake Brugman
Regional Manager
5/23/2023
By:
Diona Simoneit
5/23/2023
Vice President - Corporate Controller
Address: 3360 East La Palma Avenue
Anaheim, California 92806
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
5/23/2023
5/24/2023
C-3
I; DocuSigned by:
L~
r-:DocuSigned by:
~~8~~
DocuSign Envelope ID: 830C4A92-ADB2-4E34-8877-44FC00E84661
01203.0006/888152.3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2023 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
ATTORNEY-IN-FACT
TRUSTEE(S)
GENERAL NUMBER OF PAGES
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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DocuSign Envelope ID: 830C4A92-ADB2-4E34-8877-44FC00E84661
01203.0006/888152.3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2023 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
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