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AMG and Associates Inc - FY2022-050 City of Rancho Palos Verdes, California Contract Documents for Construction of LADERA LINDA COMMUNITY PARK PROJECT CITY PROJECT NO. 8405 Prepared by Johnson Favaro 5898 Blackwelder Street Culver City CA 90232 (310) 559-5720 City of Rancho Palos Verdes Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 (310) 544-5252 /*Link January 10,2022 Ramzi Awwad Date Approved on January 10, 2022 Mayor David L Bradley Mayor Pro Tern Barbara Ferraro Council Member Enc Alegna nA l/VAk Council Member John Cruikshank BY Council Member Ken Dyda Ramzi Awwad Director of Public Works CITY OF RANCHO PALOS VERDES PLANS & SPECIFICATIONS FOR: LADERA LINDA COMMUNITY PARK PROJECT, CITY PROJECT NO 8405 IN CITY OF RANCHO PALOS VERDES TABLE OF CONTENTS NOTICE INVITING SEALED BIDS NC-1 INSTRUCTIONS TO BIDDERS 1-1 Form of Proposal I-1 Delivery of Proposals I-1 Modifications and Alternative Proposals I-1 Withdrawal of Proposal 1-1 Bidder's Security I-1 Addenda I-I Discrepancies in Proposals 1-1 Competency of Bidders I-1 Bidder's Examination of Site and Contract Documents 1-2 Disqualification of Bidders 1-2 Return of Bid Security 1-2 Award of Contract 1-2 Alternates 1-2 Listing Subcontractors 1-2 Execution of Agreement 1-2 Insurance and Bonds 1-3 Telephones 1-3 Interpretation of Plans and Documents 1-3 Sales and/or Use Taxes 1-3 Bid Breakdown 1-3 GENERAL PROVISIONS GP-1 Project Provisions GP-1 Units of Measure GP-1 Award of Bid and Execution of Contract GP-1 Decision as to Which Contractor is the Lowest and Best Bidder GP-1 Non-Collusion Affidavit GP-1 Execution of the Contract GP-1 Contract Bonds GP-2 Insurance GP-2 Compliance with Provisions of the Public Contract Code GP-2 Rejection of Bids GP-2 Legal Relations and Responsibility to the City GP-2 Laws to be Observed GP-2 Social Security Requirements GP-3 Prevailing Wages GP-3 Penalties GP-3 SPC 19-l I (i) TABLE OF CONTENTS (cont.) Working Hours GP-3 Apprentices GP-3 Registration of Contractors GP-4 Permits and Licenses GP 4 Patents GP-4 Indemnity GP-4 Notice GP-4 Contractor's Responsibility for Work GP-4 Maintenance and Guarantee GP-4 Cooperation GP-5 Prosecution and Progress of the Work GP-5 Subletting and Assignment GP-5 Character of Workers GP-5 Temporary Stoppage of Construction Activities GP-6 Time of Completion and Liquidated Damages GP-6 Suspension of Contract GP-6 Measurement and Payment GP-7 Measurement and Payment GP-7 Final Invoice and Payment GP-7 Unpaid Claims GP-7 Acceptance GP-8 Control of Work GP-8 Authority of the Director of Public Works GP-8 Conformity with Plans and Allowable Variation GP-8 Progress of the Work GP-8 Samples GP-8 Trade Names and Alternatives GP-9 Protection of Work GP-9 Conflict of Terms GP-9 Interpretation of Plans and Specifications GP-9 Increases and Decreases of the Work to be Done GP-10 Alterations of the Work to be Done GP-10 Public Utilities GP-10 Procedure in Case of Damage to Public Property GP-11 Removal of Interfering Obstructions GP-11 Quality of Material GP-11 Removal of Defective or Unauthorized Work GP-I1 Supervision GP-11 Soil Compaction Testing GP-12 Preservation of Property GP-12 Dust Control GP-12 Selected Materials GP-12 Surplus Materials GP-12 Clean Up GP-12 Equipment Requirements GP-13 Protection of Work and Public GP-13 Sprinkler Systems GP-13 Contractor's Superintendent and Project Manager GP-13 Contractor's Daily Reports GP-14 Request for Working Days GP-14 Defective Materials GP-14 Sound and Vibration Control Requirements GP-14 Air Pollution Control GP-15 SPC 19-I l 00 TABLE OF CONTENTS(cont.) Final Cleaning Up GP-I5 Resolution of Public Works Claims GP-15 Trenches and Excavations GP-15 SPECIAL PROVISIONS SP-1 A General Project Information SP-1 Requirements SP-1 Definition of Terms SP-1 Project Plans SP-1 Scope of Work SP-2 Notice to Proceed SP-2 Utilities SP-2 Street Closures SP-3 Conference SP-3 Parking and Staging SP-3 Sanitary Convenience SP-4 Construction Yard SP-4 Equipment Requirements SP-4 Preservation of Property SP-4 NPDES Compliance/Water Pollution Control SP-5 Safety, Sanitary and Medical Requirements SP-7 Electrical Power SP-7 Protection of Underground Facilities SP-7 Air Pollution Control SP-8 Project Appearance SP-8 Work Hours SP-8 B Project Special Provisions SP-9 General SP-9 Furnish and Apply Water SP-9 Mobilization SP-9 Protection and Restoration of Existing Improvements SP-9 Appurtenant Work SP-10 PROPOSAL Checklist for Bidders Proposal to City Council P-1 Bid Sheets P-3 Information Required of Bidder P-4 Statement Acknowledging Penal and Civil Penalties P-5 Designation of Subcontractors P-7 Bid Bond P-9 Noncollusion Affidavit P-11 CONTRACT Checklist for Execution of Construction Contract Agreement C-1 California All-Purpose Acknowledgment C-24 Exhibit "A" Scope of Work C-26 Exhibit "B" Special Requirements C-27 Performance Bond C-30 Payment Bond C-32 Workers Compensation Insurance Certificate C-34 Additional Insured Endorsement-Comprehensive General Liability C-36 SPC 19-I I (m) TABLE OF CONTENTS (cont) Additional Insured Endorsement-Automobile Liability C-39 Additional Insured Endorsement- Excess Liability C-42 Instruction for Execution of Instruments C-45 Insurance Requirements C-46 Agreement to Comply with California Law Requirements C-47 Indemnification and Hold Harmless Agreement C-48 SPC 19-I l (iv) NOTICE INVITING SEALED BIDS CITY OF RANCHO PALOS VERDES eBIDS MUST BE RECEIVED BY 2 00 p m , February 10,2022 eBID RESULTS AVAILABLE AFTER 4 00 p m , February 10,2022 PLACE OF eBID RECEIPT https//pbsystem planetbids com/portal/48551/portal-home NOTICE IS HEREBY GIVEN that the City of Rancho Palos Verdes, County of Los Angeles, California, will receive, but not later than the time set forth above, electronic bid proposals for the award of a contract for the LADERA LINDA COMMUNITY PARK PROJECT All electronic bids shall be made on the form furnished by the City and the bid results will be available for public view on the City's Planetbids website after the above-stated time No paper bids will be accepted See Table of Contents in the bid documents for the list of required documents to be submitted electronically with the eBid Proposal documents, and documents which are to be delivered within 24 hours of bid closing PROJECT IDENTIFICATION NAME LADERA LINDA COMMUNITY PARK PROJECT LOCATION 32201 Forrestal Dr, Rancho Palos Verdes CA 90275 DESCRIPTION OF WORK The scope of work for the Project includes but is not limited to demolition of six (6) buildings and site improvement and the construction of a 6,790 sf community center and II acre park including basketball courts and play equipment COMPLETION OF WORK All work shall be completed within the contract period of THREE HUNDRED AND THIRTY(330)working days following Notice to Proceed MANDATORY PRE-QUALIFICATION OF BIDDERS Only Contractors in possession of a valid Class B General Contractors license will be invited to bid on the Project It is mandatory that all General Contractors who intend to so bid, fully complete the pre-qualification questionnaire, provide all requested materials, and be approved by the City of Rancho Palos Verdes to be on the final qualified general contractors list The deadline to submit the Pre-Qualification Questionnaire is on or before 2 00 pm, January 4, 2022 Pre-Qualification submittal packages may be obtained through Planet Bids OBTAINING BID DOCUMENTS Potential Bidders may obtain the Contract Documents for the Project electronically and free of charge via the City's PlanetBids page at https //pbsystem planetbids com/porta1/48551/portal-home SPCI9-1 I NC- I Potential Bidders who register to access the electronic plans on PlanetBids will be placed on the list of Plan Holders at the time of registration Only registered Plan Holders will be informed of any and all subsequent project information prior to bid opening, including Addenda Addenda will be issued electronically only via PlanetBids Bidder shall be responsible for all Addenda regardless of whether Bidder has registered on PlanetBids or not PRE-BID MEETING A non-mandatory pre-bid meeting will be held on Monday, January 24, 2022 Potential bidders need to meet in the parking lot at the project site by 10 00 a m (32201 Forrestal Drive, Rancho Palos Verdes, CA 90275 ) REQUEST FOR CLARIFICATION If you discover any error, omission, ambiguity or conflict in the Plans or Specifications and wish to have clarification, please email your request for clarification to Robert Godfrey at rgodfrey@grifnstructures corn such that it is received by him/her no later than close of business on January 26, 2022 Requests for clarification received after this date will be disregarded Please indicate the Project in your request for clarification Responses will be provided by February 1, 2022 PREVAILING WAGES Pursuant to the Labor Code of the State of California,the Director of Industrial Relations has determined the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes applicable to the work to be done This rate and scale are on file with the Director of Public Works and copies will be made available to any interested party on request The Contractor to whom the contract is awarded, and the subcontractors under him must pay not less than these rates for this area to all workers employed in the execution of this contract This Project is subject to compliance monitoring and enforcement by the DIR BONDS Each Bid must be accompanied by a cash deposit, cashier's check, certified check or Bidder's Bond issued by a Surety insurer, each of which must be made payable to the City, in an amount not less than ten percent (10%) of the total Bid submitted Personal or company checks are not acceptable Upon award of Contract, Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price Before acceptance of the Project, Contractor shall submit warranty/maintenance Bonds that are valid for one year from acceptance, in the amount of one hundred percentage (100 %) of the Contract Price, in lieu of the warranty Bond, Contractor may submit proof from the Surety that the performance Bond has been extended for the appropriate duration of time All Bonds must be issued by a California admitted Surety insurer and submitted using the required forms, which are in the Contract Documents, or in any other form approved by the City Attorney Failure to enter into a valid Contract, including the submission of all required Bonds and insurance coverages, with the City within ten (10) Days after the date of the delivery of the Contract forms to the Bidder, shall constitute a material breach and subject the Bid security to forfeiture to the extent provided by law LICENSE The bidder must possess a current Class B Contractor's license issued by the California State License Board at the time of the Bid submission No contract will be awarded to any bidder who is not a properly licensed California contractor as required by the California Business and Professions Code The successful Contractor must also possess a current City business license REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS The Contractor's attention is directed to Labor Code Section 1725 5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq , unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725 5 LIQUIDATED DAMAGES There is a Two Thousand Dollars ($2,000) per day assessment for liquidated damages for each calendar day that work remains incomplete beyond the time specified for SPC19-I 1 NC-2 time specified for the completion of the work Refer to the bid specifications and contract documents for further details BIDDING PROCESS The City reserves the right to reject any or all bids or any parts thereof and waive any irregularities or informalities in any bid or in the bidding and to make awards in all or part in the best interest of the City No bidder may withdraw his bid for a period of ninety (90) days after the date set for the opening bids CITY OF RANCHO�' JPALOS VERDES By -Ait Date January 10, 2022 Ramzi Awwad Director of Public Works SPCI9-I 1 NC-3 INSTRUCTIONS TO BIDDERS FORM OF PROPOSAL The proposal shall be made on the bidding schedule (` proposal") herein The proposal shall be submitted electronically on the City's Planetbids website, https //pbsystem planetbids com/portal/48551/portal-home No paper bids will be accepted DELIVERY OF PROPOSALS The proposal shall be submitted electronically by the time and to the place stipulated in the Notice Inviting Sealed Bids It is the bidder's sole responsibility to see that his proposal is received in proper time Any proposal submitted after the scheduled closing will not be allowed MODIFICATIONS AND ALTERNATIVE PROPOSALS Unauthorized conditions, limitations or provisos attached to a proposal will render it informal and may be cause for rejection The complete proposal forms shall be without interlineations, alterations or erasures, unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid No oral, telegraphic or telephonic proposals or modifications will be considered WITHDRAWAL OF PROPOSAL The proposal may be withdrawn upon request by the bidder without prejudice prior to, but not after, the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or a duly authorized representative, and is filed with the DIRECTOR OF PUBLIC WORKS No proposal may be withdrawn during the period of ninety (90) calendar days after the opening of proposals BIDDER'S SECURITY Each bid shall be accompanied by cash, certified or cashier's check payable to the City, or a satisfactory bid bond in favor of the City executed by the bidder as principal and a California admitted surety as surety, in an amount not less than ten percent(10%) of the amount set forth in the bid The check or bid bond shall be given as a guarantee that the bidder shall execute the contract if it is awarded to him in conformity with the contract documents and shall provide the evidence of insurance and furnish the necessary bonds as specified in the contract documents, within fifteen (15) calendar days after written notice of the award In case of the bidder's refusal or failure to do so,the cash, check, or bond, as the case may be, shall be forfeited to the City No bidder's bond will be accepted unless it conforms substantially to the form set forth as required ADDENDA The Director of Public Works may, from time to time, issue Addenda to the Contract Documents Parties that have registered with Planetbids on the City's Planetbids website shall be notified of electronic version of such Addenda, either by email, or at the City's Planetbids website, during the period of advertising at no additional cost The City may determine, in its sole discretion, whether an Addendum requires the postponement of the date set for submission of electronic Bids The announcement of the new date, if any, shall be made within the Addenda Please Note Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda To this end, each Bidder should continually monitor the City's PlanetBids website for all Addenda posting and other notices DISCREPANCIES IN PROPOSALS In case of discrepancy between words and figures, the words shall prevail COMPETENCY OF BIDDERS In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also to the general competency of the bidder for the performance of the work covered by the proposal To this end, only pre-qualified bidders will be allowed to bid No agreement for the work will be executed with a contractor who is not licensed in accordance with the laws SPCI9-I 1 I- I of the State of California under applicable provisions of the Business and Professions Code The licensing requirements for contractors shall apply also to subcontractors Contractors and subcontractors must sign the "Statement Acknowledging Penal & Civil Penalties Concerning the Contractor's Licensing Laws " BIDDER'S EXAMINATION OF SITE AND CONTRACT DOCUMENTS Bidders must satisfy themselves by personal examination of the location of the proposed work and by such other means as they may prefer as to the proposal, plans, specifications, contract form and actual conditions and requirements of the work, and shall not at any time after submission of the bid, dispute, complain, or assert that there was any misunderstanding in regard to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and the requirements of the proposal, plans, specifications, and the contract form The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination DISQUALIFICATION OF BIDDERS No person, firm, or corporation shall be allowed to make, file or be interested in more than one bid for the same work, unless alternate bids are specifically called for A person, firm or corporation that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder is not hereby disqualified from submitting a subproposal or quoting prices to other bidders or making a prime proposal If there is a reason to believe that collusion exists among the bidders,all bids will be rejected RETURN OF BID SECURITY The successful bidder's proposal guarantee shall be held until the contract is executed Bid security shall be returned to the three (3) lowest bidders within twenty (20) calendar days after the successful bidder has signed the contract All other securities shall be returned immediately AWARD OF CONTRACT The City reserves the right to reject any or all bids or any parts thereof or to waive any irregularities or informalities in any bid or in the bidding The award of the contract, if made by the City, will be to the lowest responsible and qualified bidder The award of contract, if made, will be within ninety (90) calendar days after the opening of the proposals, provided that the award may be made after said period if the successful bidder has not given the City written notice of the withdrawal of his bid ALTERNATES If alternate bids are called for, the contract shall be awarded to the lowest responsible bidder on the base bid LISTING SUBCONTRACTORS Each bidder shall submit a list of the proposed subcontractors on this project, as required by the Subletting and Subcontracting Fair Practices Act(Public Contract Code §§ 4100 et seq ) Forms for this purpose are furnished with the contract documents EXECUTION OF AGREEMENT The bidder to whom award is made shall execute a written contract with the City in the form included in these documents and shall secure and provide to City all insurance and bonds as herein specified within fifteen (15) calendar days from the date of mailing of written notice of the award Failure or refusal to enter into the agreement or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security In the event the bidder to whom an award is made fails or refuses to execute the Agreement within said time, the City may declare the bidder's security forfeited, and it may award the work to the next lowest bidder, or may call for new bids If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder If the second lowest responsible bidder refuses to execute the contract, the City may award the contract to the third lowest responsible bidder to execute the contract, such bidder's securities shall be likewise forfeited to the City SPCI9-I 1 1-2 INSURANCE AND BONDS The Contractor shall not begin work under the Agreement until it has given the City evidence of comprehensive public liability insurance and Workers' Compensation Insurance coverage The successful Contractor shall also furnish two (2) bonds required by the State Contract Act Each of the said bonds shall be executed in a sum equal to the contract price One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor, and the other said bond shall secure the payment of claims for labor and material TELEPHONES Bidders are hereby notified that City will not provide telephones for their use at the time of receipt of bids INTERPRETATION OF PLANS AND DOCUMENTS If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications, he or she may submit a written request for an interpretation or correction to Robert Godfrey at rgodfrey@a,gnffinstructures corn by 5 00 p m ,January 26,2022 The person submitting the request will be responsible for its prompt delivery Any interpretation or correction of the contract document will be made only by an Addendum duly issued, and a copy of such Addendum will uploaded to PlanetBids no later than 5 00 p m , February 1, 2022 No oral interpretation of any provision in the contract documents shall be binding SALES AND/OR USE TAXES Except as may be otherwise specifically provided herein, all sales and/or use taxes assessed by federal, state or local authorities on materials used or furnished by the Contractor in performing the work hereunder shall be paid by the Contractor BID BREAKDOWN Within 48 hours of bid opening, the City will instruct the Contractor to provide a detailed bid breakdown and schedule of unit prices SPC 19-I 1 I-3 GENERAL PROVISIONS Section I A PROJECT PROVISIONS 1 — UNITS OF MEASURE The U S Standard Measures also called U S Customary System is the principal measurement system in these specifications and shall be used for construction, unless otherwise stated in the Contract Documents Unless otherwise noted, the project provisions applicable to this contract shall be those set forth in the Division 01 Specifications and Standard Specifications for Public Works Construction, Latest edition, including all supplements, published by Building News, Inc , 990 Park Center Drive, Suite E, Vista, California 92081 hereinafter referred to as "Standard Specifications" The Standard Specifications are referred to and by this reference are made a part hereof as though set forth at length The Contractor is required to comply with the Standard Specifications in addition to the conditions set forth in these General Provisions and Special Provisions B AWARD OF BID AND EXECUTION OF CONTRACT 1 — DECISION AS TO WHICH CONTRACTOR IS THE LOWEST RESPONSIBLE BIDDER All bidders must be pre-qualified The Director of Public Works may require any bidder on any public improvement to submit experience records covering a three-year period The City Council may reject the bid of any bidder who has been delinquent or unfaithful in the performance of any previous contract work The decision of the City Council as to which bidder is considered the "lowest responsible bidder" will be based not only on the actual amount of the bid, but also on the relative competence and experience of the bidders, with particular regard to the quality performance of any work done by them for the City or other entity in the past, and such decisions shall be final and binding upon all parties 2—NON-COLLUSION AFFIDAVIT The Contractor shall execute and return a "Non-collusion Affidavit" with its bid in the form attached herein 3— EXECUTION OF THE CONTRACT The contract, in the form set forth in the Contract Section shall be executed by the successful bidder in accordance with the Instruction for Execution of Documents, and returned to the City for execution by the City, and shall be accompanied by bonds as described in paragraph I-B-4 and the evidence of insurance required by paragraph I-B-5, all within fifteen (15) calendar days from the date written notice of the award is mailed to bidder No bidder proposal shall be considered binding upon the City until such time as it has been executed by the City SPCI9-11 GP- 4— CONTRACT BONDS The successful bidder shall furnish to the City at his own expense two surety bonds One bond shall be in the amount of 100 percent of the contract price in the form set forth in the Contract Section to guarantee faithful performance of the contract work The other bond, in an amount not less than 100 percent of the contract price in the form set forth in the Contract Section shall be furnished to secure payment of those supplying labor and materials as required by the California Civil Code Each bond shall be executed in accordance with the instruction set forth in the Proposal Section and each bond shall be executed by a California admitted surety insurer acceptable to, and approved by the City Attorney 5— INSURANCE The Contractor shall at all times, during the term of this contract, carry, maintain and keep in full force and effect, a policy or policies of comprehensive public liability insurance with an insurance company admitted to write insurance in California, or carvers with a rating of, or equivalent to, A VII by A M Best & Company to, and approved by, the Director of Public Works and City Attorney, within minimum limits of Five Million Dollars ($5,000,000 00) combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the Contractor, together with an endorsement in substantially the form set forth in the Contract Section attached hereto The Contractor shall also at all times during the term of this contract carry, maintain and keep in full force and effect a policy or policies of Workers' Compensation insurance and shall provide to the City evidence of such coverage in the form set forth herein 6— COMPLIANCE WITH PROVISIONS OF THE PUBLIC CONTRACT All Contracts shall conform with the provisions of Sections 4100 through 4114, inclusive, of the Public Contracts Code, as amended,concerning subcontractors and subcontracts 7— REJECTION OF BIDS Proposals may be rejected by the City Council where, upon evidence of a prior performance of the bidder, the City Council has made a finding that the bidder is not a responsible bidder because of unsatisfactory performance within the past three (3) years with the City or with other public entities The City reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law C LEGAL RELATIONS AND RESPONSIBILITY TO THE CITY I — LAWS TO BE OBSERVED The Contractor shall keep himself or herself fully informed on all existing and pending State and national laws and all municipal ordinances and regulations of the City, which in any manner affect those employed in the work, or the material used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having jurisdiction or authority over the same The Contractor shall particularly observe all ordinances of the City in relations to the obstruction of streets or conduct of the work, keeping open passageways and protecting the same where they are exposed or dangerous to traffic SPC I9-1 1 GP-2 2— SOCIAL SECURITY REQUIREMENTS The Contractor shall furnish to the City satisfactory evidence that he and all subcontractors working for him are complying with all requirements of the Federal and State Social Security legislation The Contractor, at any time on request, shall satisfy the City that the Social Security and Withholding taxes are being properly reported and paid 3— PREVAILING WAGES In accordance with the provisions of Section 1770 et seq , of the Labor Code, the Director of the Department of Industrial Relations of the State of California has ascertained the general prevailing rate of wages applicable to the work to be done under contract for public improvement The Contractor will be required to pay to all those employed on the project sums not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773 1 and 1776 " A copy of said documents is on file and may be inspected in the office of the Director of Public Works The Contractor shall post a copy of the prevailing wage rates at each job site 4— PENALTIES The Contractor shall comply with the provisions of California Labor Code §§ 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor 5— WORKING HOURS The Contractor shall forfeit, as penalty to the City, the sum of twenty-five ($25 00) dollars for each worker employed in the execution of the contract by Contractor or by any subcontractor under him for each calendar day during which such worker is required or permitted to work more than forty (40) hours in any one calendar week, in violation of the provisions of Article 3, Chapter 1, Part 7, Division I of the Labor Code §§ 1810 et seq 6— APPRENTICES Attention is directed to the provisions of Labor Code §§ 1777 5 and 1777 6 concerning the employment of apprentices by the Contractor or any subcontractor under Contractor It shall be Contractor's responsibility to ensure that all persons shall comply with the requirements of said sections in the employment of apprentices Information relative to apprenticeship standards and administration of the apprenticeship program may be obtained from the Department of Industrial Relations, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices SPCI9-II GP-3 7— REGISTRATION OF CONTRACTORS Only a Contractor licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code shall be permitted to enter into a contract with the City for any public improvements 8— PERMITS AND LICENSES The Contractor shall procure all permits and licenses, (including a Rancho Palos Verdes business license), pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the work 9— PATENTS The Contractor shall assume all responsibility arising from the use of any patented, or allegedly patented materials, equipment, devices or processes used on or incorporated in the work, and shall defend, indemnify, and hold harmless the City, and each of its officers, agents, and employees from and against any and all liabilities, demands, claims, damages, losses, costs, and expenses, of whatsoever kind or nature,arising from such use 10— INDEMNITY The Contractor agrees to indemnify and hold harmless the City and others and to waive subrogation as set forth in the Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution executed concurrently herewith, a copy of which is attached hereto and incorporated herein by this reference 11 — NOTICE The address given in the Contractor's proposal is the place to which all notices to the Contractor shall be mailed or delivered The mailing to or delivering at the above named place of any notice shall be deemed sufficient service thereof upon the Contractor, and the date of that service shall be the date of such mailing or delivery Such address may be changed at any time by written notice signed by the Contractor and delivered to the Director of Public Works 12— CONTRACTOR'S RESPONSIBILITY FOR WORK Until the final acceptance of the work by the City, by written action of the Director of Public Works, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the work by the action of the elements or any other cause The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence of willful misconduct of the City, its officers, agents or employees In the case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials and the protection of work already completed and shall properly store and protect them if necessary and shall provide suitable drainage and erect temporary structures where necessary 13— MAINTENANCE AND GUARANTEE (a) The Contractor hereby guarantees that the entire work constructed by Contractor under the contract will meet fully all requirements as to quality of workmanship and materials The Contractor hereby agrees to make at Contractor's own expense any repairs or replacements made SPC I9-I 1 GP-4 necessary by defects in materials or workmanship that become evident within one (I) year after the date of the final payment, and to restore to full compliance with the requirements of these specifications, including any test requirements set forth herein for any part of the project or work constructed hereunder, which during said one(I)year period is found to be deficient with respect to any provisions of the specifications The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the Director of Public Works The Contractor and Contractor's sureties shall be liable to the City for the cost thereof (b) The guarantees and agreements set forth in subsection (a) shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the work, by the Director of Public Works, as provided in Subsection 6-8 of the Standard Specifications Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies admitted in the State of California and satisfactory to the City, in the amount of 100 percent of the contract Said bond shall remain in force for a period of one (1) year after the date of Notice of Completion and acceptance Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the contract to remain in force and effect for said amount until the expiration of said one(I)year period 14— COOPERATION The Contractor is hereby notified that additional work within the work site may be scheduled during the course of this contract The Contractor shall cooperate with these and other projects in accordance with Sections 2-4 Standard Specifications Compensation for compliance shall be included in the various items of work, and no additional compensation shall be allowed therefor D PROSECUTION AND PROGRESS OF THE WORK I — SUBLETTING AND ASSIGNMENT The Contractor shall give its personal attention to the fulfillment of the contract and shall keep the work under Contractor's control The Contractor shall not assign, transfer nor sublet any part of the work without the written consent of the City by the Director of Public Works or his authorized representative and of the surety of the Contractor's bond, and such consent of Surety, together with a copy of the subcontract, shall be filed with the Director of Public Works No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of Contractor's liabilities under the contract Subcontractors shall not be recognized as such, and all persons engaged in the project will be considered as employees of the Contractor, their work being subject to the provisions of the contract and the specifications Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the Director of Public Works or his authorized representative, said subcontractor shall be removed immediately from the project upon request by the Director of Public Works, shall not again be employed on the work, and the Contractor shall be held liable for the deficient work The Contractor shall submit to the City a list with the names, addresses and telephone numbers of all subcontractors who will work under Contractor /// SPC19-1l GP-5 2— CHARACTER OF WORKERS The Contractor shall employ none but competent superintendents, project managers, foremen, laborers and mechanics Any overseer, superintendent, laborer or other person employed on the work by the Contractor who is intemperate, incompetent, troublesome or otherwise undesirable, or who fails or refuses to perform the work in the manner specified herein, shall be removed from jobsite immediately and such person shall not again be employed on the work 3— TEMPORARY STOPPAGE OF CONSTRUCTION ACTIVITIES The Director of Public Works shall have the authority to suspend the contract work, wholly or in part, for such a period of time as the Director may deem necessary, due to unsuitable weather, or to such other conditions as the Director considers unfavorable for the proper prosecution of the work, or for such time as the Director may deem necessary due to failure on the part of the Contractor or Contractor's workers to carry out orders or to perform any of the requirements of the contract The Contractor shall immediately comply with such an order from the Director of Public Works and shall not resume operations until so ordered in writing 4— TIME OF COMPLETION AND LIQUIDATED DAMAGES If all the contract work is not completed in all parts and requirements within the time specified in the contract documents, the City shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the City The Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of contractors, of subcontractors, floods, epidemics, quarantine, restrictions, strikes, freight embargo or unusually severe weather, delays of subcontractors due to such causes, or work suspensions directed by the Director of Public Works or his authorized representative provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the City, in writing, of the cause of the delay The City will ascertain the facts and the extent of the delay, if any, and the finding thereon shall be final and conclusive If the City deems it appropriate to assess the contractor liquidated damages, such damages shall be in the amount of Two Thousand Dollars ($2,000) per working day 5- SUSPENSION OF CONTRACT If at any time, in the opinion of the Director of Public Works, the Contractor fails to supply an adequate working force, manufactured articles, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in any by the terms of the contract, notice thereof in writing will be served upon Contractor, and should Contractor neglect or refuse to provide means for a satisfactory compliance with the contract within the time specified in said notice and as directed by the Director of Public Works, the Director of Public Works shall have the power to suspend the operation of the contract and discontinue all work or any part thereof, subject to review by the City Council Thereupon the Contractor shall discontinue such work, or such part thereof as the City may designate, and the City may thereupon, by contract or otherwise, as it may determine, complete the work or such part thereof, and charge the entire expense of so completing the work or any part thereof to the Contractor, and for such completion the City itself or its Contractors may take possession of and use, or cause to be used in the completion of the work, or any part thereof, any such materials, implements and tools of every description as may be found at the place of such work All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the contract, or any part thereof, and in such accounting the City shall not be held to obtain the lowest figure for the work for completing SPC I9-11 GP-6 the contract, or any part thereof, or for ensuring its proper completion, but all sums paid therefor shall be charged to the Contractor In case the expenses so charged are less than sum which would have been payable under the contract, if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference, and in case such expense shall exceed the amount payable under the contract, then the Contractor shall pay the amount of the excess to the City, upon completion of the work, without further demand being made therefor In the determination of the question as to whether or not there has been any such noncompliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract E MEASUREMENT AND PAYMENT 1 — MEASUREMENT AND PAYMENT Measure of the quantities of work and payments therefor shall be in accordance with Specifications Section 012900 Payment Procedures The monthly payment date shall be the last calendar day of each month A measurement of work performed and a progress estimate of the value thereof based on the contract and of the monthly payment shall be prepared by the Contractor and submitted to the Director of Public Works or his authorized representative before the tenth day of the following month for verification and payment consideration 2— FINAL INVOICE AND PAYMENT Whenever in the opinion of the Director of Public Works, the Contractor shall have completely performed the contract,the Director of Public Works or his authorized representative shall notify the City Clerk that the contract has been completed in its entirety The Contractor shall then submit to the Director of Public Works or his authorized representative for approval, a written statement of the final quantities of contract items for inclusion in the final invoice Upon receipt of such statement, the Director of Public Works or his authorized representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which in the Director of Public Works' opinion shall be just and fair, covering the amount and value of the total amount of work done by the Contractor, less I 0 percent(10 percent) of the total work done The Director of Public Works shall then request that the City accept the work and that the City Clerk be authorized to file, on behalf of the City in the office of the Los Angeles County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor On the expiration of thirty-five(35)days after the date of recording the Notice of Completion, the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the invoice all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract, and shall release the Faithful Performance Bond and Labor and Material Bond The Contractor may, at Contractor's sole cost and expense, substitute securities equivalent to any monies withheld by the Owner as provided in California Public Contract Code Section 22300 No such substitution shall be accepted until all documents related to such substitution are reviewed and found acceptable by the Owner's attorney 3— UNPAID CLAIMS If upon or before the completion of the work herein agreed to be performed or at any time prior to the expiration of the period within which claims of lien may be filed for record as prescribed by the Code of Civil Procedure of the State of California, any person or persons claiming to have performed any labor or furnished any materials, supplies or services towards the performance of SPC 19-I I GP-7 completion of this contract or if they have agreed to do so, shall file with the City a verified statement of such claim, or if any person shall bring against the City or any of its agents any action to enforce such claim, the City shall until the discharge thereof, withhold from the moneys that are under its control, as much as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the cost thereof, provided, that if the City shall in its discretion permit the Contractor to file such additional bond as is authorized by the Code of Civil Procedure in a penal sum equal to one and one-quarter times the amount of said claim, said money shall not thereafter be withheld on account of such claim 4— ACCEPTANCE The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or improper materials Further, the certificate or final payment shall not terminate the Contractor's obligations under the warranty here in above The Contractor agrees that payment of the amount due under the contract and the adjustments and payments due for any work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of work performed under the contract or any alteration thereof F CONTROL OF WORK 1 — AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS The Director of Public Works or his authorized representative shall decide any and all questions that may arise as to the quality and acceptability of materials furnished and work performed as to the manner of performance and rate of progress of the work,and any and all questions which may arise as to the interpretation of the plans and specifications The Director of Public Works shall likewise decide any and all questions as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensations The decision of the Director of Public Works shall be final, and he shall have relative authority to enforce and make effective such decisions and actions as the Contractor fails to carry out promptly For the purposes of routine and normal supervision and coordination of work, the Director of Public Works is the City's authorized representative for all work within the scope of this agreement 2— CONFORMITY WITH PLANS AND ALLOWABLE VARIATION Finished surfaces shall in all cases conform with the lines, grades, cross-sections and dimensions shown on the plans Minor deviations from approved plans, whenever required by the exigencies of construction, shall be determined in all cases by the Director of Public Works and authorized in writing All such deviation shall be recorded on `as—built"plans and submitted to the Director of Public Works or his authorized representative, upon project completion 3— PROGRESS OF THE WORK The Contractor's working days shall begin on the date stated in the Notice To Proceed which will be issued following the pre-construction conference The Contractor shall diligently prosecute the work to completion before the expiration of the time limit appearing in the specifications /// SPC 19-I I GP-8 4— SAMPLES The Contractor shall furnish all products and materials required to complete the work All materials and products must be of the specified quality and fully equal to samples, when samples are required Whenever required, the Contractor shall submit to the Director of Public Works or his authorized representative for test, and free of charge, samples of any one of the materials or products proposed to be used in the work Said samples shall be delivered by the Contractor to the place within the City designated by the Director of Public Works Rejected materials must be immediately removed from the work by the Contractor and shall not again be brought back to the site 5— TRADE NAMES AND ALTERNATIVES For convenience in designation on the plans or in the specifications, certain equipment or articles or materials to be incorporated in the work may be designated under a trade name of manufacturer and the catalog information The use of an alternative equipment or an article or equipment which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the approval of the Director of Public Works or his authorized representative, in accordance with the following required by Section 3400 of the Public Contract Code of the State of California The burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and Contractor shall furnish, at Contractor's own expense, all information necessary or related thereto as required by the Director of Public Works or his authorized representative The Director of Public Works shall be the sole judge as to the comparative quality and suitability of alternative equipment or articles or materials and the Director's decision shall be final All requests for substitution shall be submitted, together with all documentation necessary for the Director to determine equality, within 20 days following the award of the contract 6— PROTECTION OF WORK The Contractor shall continuously maintain adequate protection of all Contractor's work from damage, and the City will not be held responsible for the care or protection of any material, equipment or parts of work, except as expressly provided for in the specifications 7— CONFLICT OF TERMS The notice to bidders, proposal, plans, specifications and General Provisions are essential parts of the contract for a given project These documents, together with the necessary bonds and bidder's guarantee, constitute the contract as defined herein, and a requirement included in one document shall be as binding as though included in all,as they are intended to be cooperative and to provide a description of the work to be done Should there be any conflict or discrepancy between terms used, then the more stringent shall govern 8- INTERPRETATION OF PLANS AND SPECIFICATIONS Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained on the plans or in the specifications, the Contractor shall request the Director of Public Works or his authorized representative for such further explanation as may be necessary, and shall conform to such explanation or interpretation as part of the contract, so far as may be consistent with the intent of the original specifications In the event or doubt of questions SPC 19-I I GP-9 relative to the true meaning of the specifications, reference shall be made to the City Council, whose decision thereon shall be final 9—INCREASES AND DECREASES OF THE WORK TO BE DONE The City reserves the right omit portions of the work so described, as may be deemed necessary or expedient by the Director of Public Works and the Contractor shall agree not to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be done 10—ALTERATIONS OF THE WORK TO BE DONE By mutual consent of the parties signatory to the contract, alterations, modifications or deviations from the type of work may be described on the plans, specifications or on the proposal form may be made without in any way making the contract void The price to be paid by the City to the Contractor for such altered or modified work shall be agreed upon in writing, endorsed upon the original contract and signed by the proper parties to said contract Whenever, during the progress of the work, such changes or modifications are deemed necessary by the Director of Public Works and agreed upon, as aforesaid, said deviations shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions and provisions of the original contract I I —PUBLIC UTILITIES (a) All of the existing utility facilities except those to be removed or relocated as shown on the plans will remain in place and the contractor will be required to work around said facilities In case it should be necessary to remove the property of a public utility or franchise, such owner will, upon proper application by the Contractor, be notified by the Director of Public Works or his authorized representative to move such property within a reasonable time, and the Contractor shall not interfere with said property until after the expiration of the time specified The right is reserved to the owners of public utilities or franchises to enter upon the project site for the purpose of making repairs or changes in their property which may be necessary as a result of the work The Contractor shall also schedule and allow adequate time for those relocations or modifications necessary for the project by the respective utility owners Employees and agents of the City shall likewise have the privilege of entering upon the project site for the purpose of making any necessary repairs or replacements (b) The Contractor shall employ and use only qualified persons, as hereinafter defined, to work in proximity to Southern California Edison secondary, primary and transition facilities The term "qualified person" shall mean one, who by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8 of the California Administrative Code The Contractor shall take such steps as are necessary to assure compliance by any subcontractors SPCI9-I 1 GP- 10 12—PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY Any portions of curb,gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at Contractor's own cost, free of charges to the City The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the proposal form and specifications, and found necessary during the process of construction, (but not due to damage resulting from carelessness on the part of the Contractor during Contractor's operation), shall be paid to the Contractor For the purposes of this contract, all curb termination stub-outs for traffic signal detectors are considered existing improvements Existing curb termination stub-outs damaged as a result of work required by the Plans and Specifications shall be replaced by the Contractor at no cost to the Agency 13—REMOVAL OF INTERFERING OBSTRUCTIONS The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it is understood that the cost of said removals are made a part of the bid price 14—QUALITY OF MATERIAL Materials shall be new, and of specified kind and quality, and fully equal to samples when samples are required When the quality or kind of material or articles shown required under the contract is not particularly specified, the Contractor shall estimate that the City will require articles and materials representing the best of their class or kind or at least equal to the class or quality of similar articles or materials when specified Materials shall be furnished in such quantities and kinds and at such times as to ensure uninterrupted progress for the work They shall be stored properly and protected as required The Contractor shall be entirely responsible for damage or loss by weather or any other cause 15—REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK It is the intent of the specifications that only first-class work, materials and workmanship will be acceptable All work which is defective in its construction or deficient in any of the requirements of the specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction Any work done beyond the lines shown on the plans or established by the Director of Public Works or his authorized representative, or any extra work done without written authority will be considered as unauthorized and will not be paid for Upon failure on the part of the Contractor to comply forthwith with any order of the Director of Public Works made under the provisions of this paragraph, the Director of Public Works shall have authority to cause defective work to be remedied or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any moneys due or to become due the Contractor If the work is found to be in compliance with these specifications, the Director of Public Works will furnish the Contractor with a certificate to that effect 16—SUPERVISION All manufactured products, materials and appliances used and installed, and all details of the work shall at all times be subject to the supervision, test and approval of the Director of Public Works or his authorized representatives The Director of Public Works or his authorized representatives shall have access to the work at all times during construction and shall be SPCI9-I 1 GP- 11 furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials used or employed in the work 17—SOIL COMPACTION TESTING Any soil compaction testing and certification shall be certified by a Geotechnical Engineer and provided and paid for by the City 18—PRESERVATION OF PROPERTY Existing improvements in areas adjoining the property whereon demolition and removal is being performed shall be protected from injury or damage resulting from operations of the Contractor and the Contractor shall be responsible for such damage In like manner any building, structure, tree, shrub, or other item designated for preservation on the property where demolition and removal is being performed shall be similarly protected and preserved 19—DUST CONTROL The Contractor shall provide such dust laying equipment and methods as may be required to protect adjacent property from annoyance or damage from dust caused by his operations, and failure to control such dust shall be cause for the Director of Public Works or his authorized representative to stop the work until said dust is controlled, and the Contractor shall have no recourse to collect from the City for any loss of time or expense sustained by him due to such suspension of work 20—SELECTED MATERIALS Existing materials excavated within the project limits that meet the specifications for trench backfill, topsoil, or other selected materials may be used to fulfill all or a portion of the requirements for such materials No additional compensation will be allowed for excavation, stockpiling,overhaul, or placing selected materials encountered in the excavation 21 —SURPLUS MATERIALS The Contractor shall furnish written consent from the owner of the property where it is intended to dispose of the surplus material Surplus excavation shall become the property of the Contractor 22—CLEAN UP During all phases of construction, the Contractor shall maintain a clean work site, the Contractor shall be responsible for the removal and disposal of all demolition debris, trash, concrete, asphalt, tree roots, and any other debris resulting from the work performed on a regular basis Full compensation for cleanup shall be considered as included in the Contractor's price for General Requirements and General Conditions SPC19-1 I GP- 12 23—EQUIPMENT REOUIREMENTS The Contractor shall provide a lead car with a "Wide Load" warning sign to lead the movement of any materials or equipment exceeding 7 feet in maximum horizontal dimension over any street to the location of the scheduled work site Violations will be subject to a fine of one hundred dollars for each violation as determined by the Director of Public Works or his authorized representative Any other violations shall be subject to the vehicle code of the State of California Full compensation for the cost of furnishing the lead vehicles and adhering to the requirements of this section shall be considered as included in the bid price, and no additional compensation will be allowed therefor 24—PROTECTION OF WORK AND PUBLIC The Contractor shall take all necessary measures to protect work and prevent accidents during any and all phases of the work The Contractor shall repair all damaged parts of the project as a result of vandalism (i e, vehicle tracks, footprints, writing, etc) and will respond to alleged damage to private property and/or vehicles within twenty-four (24) hours of notification If deemed necessary by the City, the Contractor shall repair the defective area in accordance with these Special Provisions 25—SPRINKLER SYSTEMS Any sprinkler system damaged during the contract shall be repaired by the Contractor at no additional cost within 24 hours of notification If not completed within said limit, the City shall have the authority to complete such work and deduct cost plus 20 percent administration thereof from any moneys due or to become due to the Contractor 26—CONTRACTOR'S SUPERINTENDENT AND PROJECT MANAGER The Contractor shall designate in writing and keep on the work at all times during its process a competent, full-time, technically qualified superintendent, who shall not be replaced without written notice to the Director of Public Works or his authorized representative except under extraordinary circumstances The Contractor's superintendent shall be present at the site of the work at all times while work is in progress The Superintendent's sole duties shall be to supervise a full work crew and coordinate activities pertaining any work performed by the Contractor or its subcontractors Failure to observe this requirement shall be considered as suspension of the work by the Contractor until such time as such superintendent is again present at the site The Director of Public Works or his authorized representative shall have the right, at any time, to direct a change in the Contractor's superintendent, if the performance is unsatisfactory, as determined by the Director of Public Works or his authorized representative, in its sole discretion The Contractor shall designate in writing and keep on the work at all times during its process a competent, full-time, technically qualified project manager, who shall not be replaced without written notice to the Director of Public Works or his authorized representative except under extraordinary circumstances The Contractor's project manager shall be responsible for overall administration and coordination of the work including, but not limited to processing of schedules, discussion of change orders and extra work and coordination and distribution of the Daily Reports The Director of Public Works or his authorized representative shall have the right, at any time, to direct a change in the Contractor's project manager, if the performance is unsatisfactory, as determined by the Director of Public Works or his authorized representative, in its sole discretion SPCI9-I 1 GP- 13 27—CONTRACTOR'S DAILY REPORTS The Contractor shall complete consecutively numbered legible daily reports indicating the number of people working, their names, a narrative description of work performed, the individual locations of the work, serviceable major equipment in use, serviceable major equipment idled, serviceable major equipment down for repairs, sub-contractors working at site, weather conditions, temperature, start time, finish time, and the date The Contractor's Superintendent shall sign each report The daily report shall be completed on forms prepared by the Contractor and acceptable to the Director of Public Works or his authorized representative The City will provide a sample format for the daily report at the preconstruction conference The Contractor shall distribute copies to the Construction Observers and the Director of Public Works or his authorized representative at either the conclusion of each workday or prior to the start of work the next day No progress payments will be processed or made to the Contractor unless all daily reports are completed to the date of submittal of application for payment Contractor shall upload daily reports to Submittal Exchange weekly 28—REQUEST FOR WORKING DAYS The Contractor shall notify the Director of Public Works or his authorized representative separately in writing within 7 calendar days after the occurrence of a delay, when the Contractor believes that it is entitled to an additional working day per any day the Contractor is prevented from working at the beginning of the workday, for cause defined in Section 6-6 1 of the Standard Specifications, or any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6 I of the Standard Specifications The Contractor's failure to give written notice in the time period specified above shall constitute a waiver of all claims for an additional work day, whether direct or consequential in nature and that day will be counted as a working day Upon receipt of the Contractor's written request, the Director of Public Works or his authorized representative will then make a determination of whether the day or days the Contractor is requesting shall be counted as working days 29—DEFECTIVE MATERIALS All materials not conforming to the requirements of these specifications shall be considered as defective, and all such materials shall be removed immediately from the site of the work unless otherwise permitted by the Director of Public Works or his authorized representative Upon failure on the part of the Contractor to comply with any order by the Director of Public Works or his authorized representative made under the provisions of this article, the Director of Public Works shall have the authority to remove and replace defective material and to deduct the cost of removal and replacement from any moneys due or to become due to the Contractor 30—SOUND AND VIBRATION CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances No internal combustion engine shall operate on the project without a muffler of the type recommended by the manufacturer Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including, but not limited to truck, transit mixers or transit equipment that may or may not be owned by the Contractor SPCI9-I 1 GP- 14 31 —AIR POLLUTION CONTROL Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate the contents, fully complying with the applicable material requirements 32—FINAL CLEANING UP Upon completion of the project and before making application to the Director of Public Works or his authorized representative for acceptance of the work, the Contractor shall clean the entire project site, of all rubbish, debris, excess material, temporary structures and equipment, leaving the entire site of the work in a neat and presentable condition 33—RESOLUTION OF PUBLIC WORKS CLAIMS This contract is subject to the provisions of Article 15 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000 Article 1 5 mandates certain procedures for the filing of claims and supporting documentation by the contractor, for the response to such claims by the contracting public agency, for a mandatory meet and confer conference upon the request of the contractor, for mandatory judicial arbitration upon the failure to resolve the dispute through mediation This contract hereby incorporates the provisions of Article 1 5 as through fully set forth herein 34—TRENCHES AND EXCAVATIONS In accordance with Public Contract Code § 7104, whenever the digging of trenches or other excavations, the Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any 1) Material that the Contractor believed may be material that is hazardous waste, as defined in Health and Safety Code § 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law 2) Subsurface or latent physical conditions at the site differing from those indicated, or 3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures described in the Contract In the unlikely event that a dispute arises between the City and the Contractor regarding whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties Where applicable, Contractor shall comply with the trench or excavation permit requirement found in Labor Code § 6500 and the excavation safety requirements found in Labor Code § 6705 SPC19-I 1 GP- 15 SPECIAL PROVISIONS Section II CITY PROJECT LADERA LINDA COMMUNITY PARK PROJECT A GENERAL PROJECT INFORMATION I —REQUIREMENTS MI work embraced herein shall be accomplished in accordance with the project plans and specifications, and the applicable portions of the "Standard Specifications for Public Works Construction," the Latest edition, including all supplements, herein referred to as "Standard Specifications, except as modified by these Special Provisions and the Project Plans The U S Standard Measures also called U S Customary System is the principal measurement system in these specifications and shall be used for construction, unless otherwise stated in the Contract Documents In addition to the above,the Contractor shall comply with the requirements of the following (a) Notice Inviting Sealed Bids (b) Instructions to Bidders (c) Proposal (d) Bid Bond (e) Information Required of Bidders (f) Contract Agreement (g) Faithful Performance Bond (h) Labor and Material Bond (i) Statement Acknowledging Penal and Civil Penalties Concerning the Contractor's Licensing Laws 2—DEFINITION OF TERMS Wherever in the "Standard Specifications" terms are used, they shall be understood to mean and refer to the following Agency& Owner - City of Rancho Palos Verdes Board - City Council, City of Rancho Palos Verdes Engineer - The Director of Public Works, acting either directly or through the properly authorized agents, such agents acting within the scope of the particular duties entrusted to them Notice to Contractors - Notice Inviting Sealed Bids 3—PROJECT PLANS The location of the work, its general nature, extent, form and detail of the various features are listed as a part of these Specifications and Plans SPCI9-I I SP- I 4—SCOPE OF WORK The work to be done consists of furnishing all materials, equipment,tools labor and incidentals as required by the plans, specifications and contract documents 5—NOTICE TO PROCEED Upon award of this contract and signing the contract documents, the City shall issue the Contractor a Notice to Proceed Contract period shall commence on the date in the Notice to Proceed Working days are defined as Monday through Friday, with the exception that no work may take place on the following City holidays Memorial Day Independence Day Labor Day Election Day Thanksgiving Day Day after Thanksgiving Day Winter Break, December 25 through January 1 In addition, no work will be allowed on any special election day which may be declared Should a special day be declared, a time extension of one working day will be granted for each day In addition, no work will be allowed on any prevailing wage holiday recognized by the State Department of Industrial Relations The City will not authorize any work to be done under these Specifications before the contract agreement has been fully executed, and any work that is done by the contractor in advance of such time shall be considered as being done at Contractor's own risk and responsibility, and as a consequence will be subject to rejection by not having been done in the presence of the Director of Public Works or Inspector as provided in Section 3-4 of the Standard Specifications In the event that the Director of Public Works shall be of the opinion that the work is being inadequately or improperly executed in any respect, he/she may demand that the Contractor improve or change the execution of the work in such manner as to assure proper and timely completion 6—UTILITIES It is anticipated that these existing utilities will not interfere with the Contractor's construction operations However, the Contractor shall exercise due care to ensure that these utility facilities are not damaged during his operations The Contractor shall notify the following utility companies prior to the beginning of any work AGENCY TELEPHONE NUMBER City of Rancho Palos Verdes (310) 544-5252 Southern California Edison Co (310) 783-1156 Southern California Gas Co (310)687-2020 Verizon (310)793-4159 California Water Service Co (310)541-2438 Cox Communications (310)551-5020 ext 30 County of Los Angeles, Dept of Public Works(storm (626)458-3109 drain) SPCI9-I 1 SP-2 AGENCY TELEPHONE NUMBER County of Los Angeles, Dept of Public Works(sewer) (626)458-4357 Sanitation District of Los Angeles County (562)699-7411 ext 1205 USA (800)227-2600 7—STREET CLOSURES No closure of any street shall be allowed unless prior written permission is obtained from the Director of Public Works or his authorized representative If permission to close a street is granted, then the Contractor is required to notify the Engineer in writing at least five (5) working days in advance of street closures, and all emergency services, public transportation services, garbage collections services, and school bus services, and other agencies as determined by Department of Public Works shall be notified by the contractor in writing of the locations, time and date of the closures a minimum four(4) working days in advance of street closures In case of schedule changes, the emergency services, etc , shall be notified by telephone at least two (2) days in advance of the street closure For construction in the vicinity of a school, the Contractor shall contact the Palos Verdes Unified School District, obtain a school schedule, and school circulation plan and incorporate information into the project's schedule and traffic control, such that within 1,000 feet of the school on routes serving the school for student arrivals and departures are not impacted between one hour before and one half hour after the school day start time and one hour before or one half hour after school day end time AGENCY TELEPHONE NUMBER Peninsula Fire Department (310)377-9523 Los Angeles County Sheriffs Department (310)539-1661 Western Waste Industries (310)830-7100 Metro(bus) (213)626-4455 LA County Fire Department (310)830-3361 PV Transit (310)544-7108 Peninsula Dial-A-Ride (310) 544-7108 Waste Management (800)669-6580 Postmaster (310)377-6833 BFI (310)329-4115 Ivy Rubbish Disposal (310) 530-2899 Palos Verdes Unified School District (310)378-9966 8—CONFERENCE The Contractor shall attend a preconstruction meeting with the Director of Public Works, which shall be held a minimum of five (5) working days prior to commencement of any work The Contractor shall submit his 24-hour emergency telephone numbers to the Director of Public Works or his authorized representative for approval a minimum of two(2)working days prior to the pre-construction conference 9—PARKING AND STAGING No Contractor parking or staging is allowed on public streets outside of the construction site Parking and staging are allowed on the project site only SPC I9-11 SP-3 10—SANITARY CONVENIENCE Necessary sanitary facilities for the use of workman on the job shall be provided and maintained in an approved manner by the Contractor, properly secluded from public observation and in compliance with health ordinances and laws, and their use shall be strictly enforced by the Contractor Any workman who fails to use the sanitary facilities as intended shall be removed from the project site permanently at the sole discretion of the Engineer 11 —CONSTRUCTION YARD It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites either located on public or private property must be approved in advance by the Director of Public Works or his authorized representative If permission is given to use a City site, the Contractor shall repair any damage as a result of his operations and any repairs will restore the site to new and not pre-existing conditions When storage sites are to be on located upon private property, the Contractor shall submit to the Director of Public Works or his authorized representative, written approval from the record owner authorizing the use of the property by the Contractor The Contractor shall contact the appropriate City Planning Department to determine if the using the site as a stockpile area is allowed After the project is complete, the Contractor shall supply a written release signed by the owner of record that said property has been satisfactorily restored in order to provide assurance to the City that no later property owner claims will be filed by residents whose property has allegedly damaged by the Contractor and not repaired to their satisfaction The City will provide the Contractor with a sample release form upon request 12—EQUIPMENT REQUIREMENTS Contractor shall furnish all equipment required to safely complete the work and avoid, if possible, conducting any on-site maintenance or repair of said equipment Necessary minor maintenance may be conducted on site, however, all maintenance and/or repairs shall be completed Monday through Friday between the hours of 7 30 a m and 5 30 p m Fueling and minor maintenance shall be in compliance with the NPDES requirements All equipment shall be in good repair Equipment from which leaks of oil, hydraulic fluids, coolant, etc , are observed shall be removed from service until the necessary repairs have been completed 13—PRESERVATION OF PROPERTY Existing improvements in areas adjoining the locations whereon construction activities are being performed shall be protected from injury or damage resulting from operations of the Contractor In like manner any building, structure, tree, shrub, or other item in the vicinity of the Contractor's operation, shall be similarly protected and preserved Vegetation cleared during site preparation shall become the property of the Contractor and shall be removed from the area unless otherwise directed by the Director of Public Works or his authorized representative SPC 19-I 1 SP-4 14- NPDES COMPLIANCE/WATER POLLUTION CONTROL Water pollution control shall consist of constructing those facilities specified by these Contract Documents, required by law, or as ordered by the Director of Public Works or his authorized representative Said work is intended to provided prevention, control and abatement of water pollution to streams, oceans and other bodies of water Full compensation for conforming to the requirements in this entire section shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor Housekeeping/Cleanup The Contractor shall prevent pollution of storm water from cleanup and disposal operations by using best management practices and good housekeeping methods When fluids or dry materials spill, cleanup should be immediate, thorough, and routine The Contractor shall never attempt to `wash them away" with water, or bury them The Contractor shall report significant spills to the appropriate spill response agencies immediately The Contractor shall recognize that different types of materials have different disposal requirements and follow appropriate practices The Contractor shall confine non-hazardous debris to dumpsters, covered at night or during wet weather, and taken to a landfill for recycling or disposal The Contractor shall handle hazardous debris in accordance with specific laws and regulations and dispose of as a hazardous waste A separate permit is required Common hazardous debris found on construction sites are (Liquid residues from paints, thinners, solvents, glues, and cleaning fluids Leaching agents form lumber such as formaldehyde, arsenic, copper, creosote and chromium, motor oil, gear oil, antifreeze fluids, brake fluids, etc, unused pesticides) Sanitary Waste Management The Contractor shall prevent the discharge of sanitary waste to storm water by providing convenient, properly located,well maintained facilities The Contractor shall hire a licensed portable sanitary facility leasing company which will clean the facilities regularly and keep them in good working order The Contractor shall make sure that portable sanitary facilities are located on relatively level ground away from traffic areas, drainage courses, and storm drain courses, and storm drain inlets The Contractor shall regularly inspect the facilities for any leaks,and have defective units replaced Vehicle and Equipment Management The Contractor shall use and maintain construction vehicles and equipment in a manner that prevent leaks and spills of fluids, contains wash waters, and controls off-site tracking The Contractor shall not allow leaking vehicles and equipment on- site and shall inspect equipment and vehicles frequently for leaks and repair them immediately The Contractor shall clean up spills and leaks promptly with absorbent materials and shall not flush with water The Contractor shall fuel, maintain, and repair vehicles and equipment off-site whenever possible, and on-site only in designated areas The Contractor shall prevent run-on and run-off from designated areas, provide containment devices and cover if necessary The Contractor shall wash vehicles and equipment on-site in designated, contained areas, allowing wash waters to infiltrate into the ground The Contractor shall use phosphate-free, biodegradable soaps, steam clean in confined areas only When not in use, the Contractor shall store equipment and vehicles in designated, contained areas and place drip pans and absorbent material under stored equipment that is prone to leaking and dripping(e g paving equipment) If the Contractor must drain and replace motor oil, radiator coolant, or other fluids on-site, use drip pans or drop cloths to catch drips and spills The Contractor shall collect all spent fluids, SPC19-I I SP-5 store in separate containers, and recycle whenever possible Note For recycling purposes, such liquids must not be mixed with other fluids Non-recycled fluids generally must be disposed of as hazardous waste Surface and Subsurface Water Control The Contractor shall prevent or reduce the discharge of pollutants to storm water from surface and subsurface water control operations by using the following methods For surface water control operations where the flow is routed to bypass the construction area, establish stable (erosion resistant) conveyance routes for the diverted flow Trap any significant sediment(e g , mud)generated by the rerouted flow in a sediment trap, filtering berm,or basin In subsurface pumping or other subsurface water control operations where significant amounts of sediment (e g, mud) are present in the removed water, capture the sediment in a sediment trap, filtering berm, or basin If a sediment trap or basin is required for the surface or subsurface water control operations, the facility should be designed such that the sediment is settled or trapped in the facility prior to discharging of the water In areas suspected of groundwater pollution, sample the groundwater near the excavation/pumping site and have the water tested for known or suspected pollutants at a certified laboratory Any proposed discharge of groundwater may be subject to requirements of the Regional Water Quality Control Board if water is discharged to groundwater or land Concrete and Mortar Products The Contractor shall prevent or reduce the discharge of pollutants to storm water from concrete waste by conducting washout at appropriate off-site locations, performing on-site washout in a designated area, and training employees and subcontractors The Contractor shall store and mix dry and wet materials either off-site or under cover, away from drainage areas For washout of concrete trucks, the Contractor shall provide appropriate off-site locations or designated contained areas, at least 50 feet away from storm drains, open ditches, streets, or streams The Contractor shall prevent run-off from designated washout areas by constructing a temporary pit or bermed area large enough for liquid and solid waste When concrete sets, breakup and dispose of it in construction fills per direction of soils engineer or as solid waste or recycle The Contractor shall inform concrete suppliers of the designated washout locations and disposal sites for concrete and mortar products Asphalt and Bituminous Products The Contractor shall prevent or reduce the discharge of pollutants from asphalt and bituminous operations, by preventing run-on and run-off during the operation, properly disposing of waste, and training employees and subcontractors The Contractor shall Avoid prime or tack coating during wet weather Store materials away from drainage courses to prevent material from entering the run-off Cover catch basins and manholes when applying seal SPC 19-I 1 SP-6 coat, tack coat, slurry seal, fog seal, etc Make sure sand or gravel placed over new asphalt does not wash into storm drains, streets, or creeks Dispose of old asphalt properly Collect and remove all broken asphalt from the site and recycle whenever possible Do not dispose of asphalt products into waterways Follow the storm water permitting requirements for industrial activities if paving involves an on-site mixing plant Construction Water The Contractor shall reduce or eliminate excessive construction water that may cause erosion and carry pollutants from the site The Contractor shall Store construction water in leak proof tanks, located away from the drainage system Use construction water conservatively Whenever possible, dispose of excess water on-site, by allowing it to soak into the ground Saw Cut Slurry Saw cut slurry contains pollutants that must be contained and disposed of properly The Contractor shall Prevent saw cut slurry from entering catch basins, manholes and storm drains Direct slurry into a temporary pit Dispose of by vacuuming the slurry into a truck and removing from the site Place drip pans or absorbent materials under saw cutting equipment when not in use Clean up spills with absorbent materials rather than burying Dispose of absorbent material properly Except as otherwise provided in the Standard Specifications or elsewhere in these Special Provisions, full compensation for conforming to the requirements in this section shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor 15—SAFETY,SANITARY AND MEDICAL REQUIREMENTS The Contractor, his employees, his subcontractors and their employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the Industrial Safety Commission and by County or State Health Departments to the end that proper work shall be done and the safety and health of the employees and of the community may be conserved and safeguarded In case any such regulations and orders are not observed by the Contractor, they may be enforced by the Director of Public Works or his authorized representative at the Contractor's expense 16—ELECTRICAL POWER Unless otherwise provided in the Special Provisions, the Contractor shall provide, at his own expense, all necessary electrical power required for his operations under the contract 17—PROTECTION OF UNDERGROUND FACILITIES Attention is directed to the possible existence of underground facilities not known to the owner or in a location different from that which maybe indicated on the plans or in these Special Provisions The Contractor shall take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service If the Contractor discovers underground facilities not indicated on the Plans or in these Special Provisions, Contractor shall immediately give the Director of Public Works or his authorized representative written notification of the existence of such facilities Such facilities shall be protected from damage as directed by the Director of Public Works or his authorized representative and the Contractor will be paid for such work as extra work as provided in Section 2-8 of the Standard Specifications SPC 19-I 1 SP- 7 18—AIR POLLUTION CONTROL Section 3-12 2, "Air Pollution Control," of the Standard Specifications is supplemented by the following The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances and statutes specified in Section 11017 of the Government Code In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents including, but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the project shall comply with the applicable material requirements of the County Air Pollution Control District All containers of paint, thinner, curing compound or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements 19—PROJECT APPEARANCE The Contractor shall maintain a neat appearance to the work The project streets and any streets adversely affected by the Contractor's activities shall be kept clean at all times A motorized vacuum sweeper is required pursuant to the second paragraph of Subsection 3-12 1 of the Standard Specifications In any area visible to the public, the following shall apply When practicable, broken concrete and debris developed shall be disposed of concurrently with its removal If stockpiling is required, the material shall be placed in an area which does not impact public or private landscaping or irrigation and the material shall be removed or disposed of regularly Should the Contractor appear to be neglectful or negligent in maintaining a clean project site, the Director of Public Works or his authorized representative may direct the Contractor's attention to the existence of such condition(s) The Contractor shall provide all necessary measures immediately, at his expense If attention is directed to the existence of such condition(s), and the Contractor fails to provide an appropriate remedy, any expense incurred by the City for providing correcting actions may be deducted from the pay estimates and the total contract price for the work, including a Fifty Dollar($50 00) penalty per calendar day the condition(s) exist from date of notification Full compensation for conforming to the provisions in this section not otherwise provided for shall be considered as included in prices paid for the various contract items of work involved, and no additional compensation will be allowed therefor 20—WORK HOURS The Contractor's working hours shall be limited to the hours between 7 30 a m and 6 00 p m , Monday through Friday, excluding those City holidays listed in Section II A 5 of the Special Provision on page SP-2 Deviation from normal working hours will not be allowed without prior consent of the Director of Public Works or his authorized representative Work on Saturdays will be permitted only with prior consent of the Director of Public Works or his authorized representative Saturday work shall be limited to the hours between 9 30 a m and 600 p m SPC19-I 1 SP-8 No vehicles shall be allowed to enter the site earlier than 7 00 a m Monday through Friday, and no earlier than 9 00 a m on Saturdays No vehicles shall be allowed to park or wait on adjacent streets outside of the project site at any time B PROJECT SPECIAL PROVISIONS 1 —GENERAL The City of Rancho Palos Verdes strictly adheres to a policy whereby property owners are kept fully informed as to potential inconveniences caused by construction activities within the City Every effort is made to minimize these inconveniences Toward this goal, the Contractor will be required to thoroughly schedule his work and to share that schedule with the property owners within 500 feet of the project site This shall be accomplished using door hangers and on-street posting placed between 48 and 72 hours prior to the planned activity which may cause an inconvenience at that particular location The date of beginning of closure shall be shown on the notice 2—FURNISH AND APPLY WATER Furnishing and applying water shall be considered as included in the bid price, and no additional compensation will be allowed therefore Should the Contractor require water for construction operations, such as for compaction and dust control, he shall apply for a water meter from, and follow the requirements of, the California Water District 3—MOBILIZATION The cost of providing bonds, insurance, financing, moving equipment to the job site and preparing an approved work schedule shall be included the bid price for the various items of work, and no additional compensation will be allowed therefor 4—PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS (a) General Except as may otherwise be provided in specific instances, nothing in the Contract shall be constructed as vesting in the Contractor any property right in any material, article or structure existing at the time of award of Contract within the area in which the work is to be done, or in any material or article subsequently furnished for the work by the Contractor after having been accounted for on an approved estimate supporting the Contractor's demand for payment as provided in Section 7 In the latter event any such material, article, structure or work shall become the property of the agency after being so accounted for The Contractor shall maintain all existing roadside mailboxes and signs including, but not limited to directional, warning, advisory, regulatory, bus stop, and street markers, in an erect and functional position and conditional all times during the construction period in temporary locations as designated by the Director of Public Works or his authorized representative Any of these facilities which are damaged or lost shall be replaced by the Contractor at no cost to the Agency Contractor shall submit video documentation with a log of existing damages prior to commencing with work Should a resident claim existing improvements were damaged by construction, and SPC 19-I 1 SP-9 Contractor did not confirm status per above, Contractor shall restore existing improvements at no cost to the City When an interfering portion of a privately-owned sprinkler system is removed, heads and other salvable material shall be carefully removed and placed on the adjacent property Any of the materials not wanted by the owner shall be removed from the site by the Contractor Removal, repair, or capping shall be as directed by the Director of Public Works or his authorized representative Protection and restoration of existing improvements shall be considered part of the various items of work and no separate compensation will be allowed therefor Contractor shall confirm operational status of all affected irrigation with inspector and resident prior to commencing work Should resident claim their system was damaged by construction, and Contractor did not confirm status per above, Contractor shall restore system to operation at his own cost 5—APPURTENANT WORK All items in the Bid Schedule are for construction completed in place, including all incidentals, appurtenant work and materials necessary for the satisfactory completion of the work Full payment shall be considered as the bid prices for the items of work, and no additional compensation will be made therefor SPCI9-11 SP- 10 CHECKLIST FOR BIDDERS The following information is required of all Bidders Signed Proposal Completed Bid Sheets Executed Statement Acknowledging Penal and Civil Penalties Concerning the Contractor's Licensing Law Designation of Subcontractors Bid Bond Non-Collusion Affidavit SPC19-I 1 PROPOSAL CITY OF RANCHO PALOS VERDES LADERA LINDA COMMUNITY PARK CITY PROJECT NO 8405 TO THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES The undersigned, as bidder, declares that (1) this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein, (2) bidder has carefully examined the project plans, specifications, instructions to bidders, proposal, notice to contractors and all other information furnished therefore and the site of the proposed work, (3) bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the CITY COUNCIL of the CiTY OF RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans, if any, and the terms of the specifications, in the time and manner therein prescnbed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said specifications, for the following stated unit prices or lump-sum price as submitted on the Schedule attached hereto The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record Accompanying this proposal is Bid Bond (Insert "$ 10% of total cash," "Cashier's Check," "certified check," or "Bid Bond," as the case may be) in the amount equal to at least ten percent (10%) of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Sheets The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter, defaults in executing the required contract, with necessary bonds and documents, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the secunty accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void Licensed in accordance with an act providing for the registration of contractors, California Contractor's License No 881824 ,Class A , Expiration Date 07/31/2022 Signature(s) of bidder If an individual, so state If a fi o� • •artnership, state th/ �� and give the names of all individual co-partners composing the ' If a corporation, state I-•al name of corporation, also names of president, secretary, treasurer, and manager thereof Two notarized officer's signatures and the corporate seal are required for corporations Legal Business Name AMG &Associates, Inc Address 26535 Summit Circle Santa Clarita, CA 91350 SPC19-11 P- 1 Telephone (661) 251-7401 Contact Albert M Giacomazzi - President/Anthony R Traverso -Vice President/Secretary/Treasurer Proposals which do not show the number and date of the Bidder's License under the provisions of Chapter 9 of Division 3 of the Business & Professional Code will be rejected To be submitted with each bid to contract for City of Rancho Palos Verdes LADERA LINDA COMMUNITY PARK PROJECT Bid Date 02/15/2022 This information must include all construction work undertaken in the State of California by the bidder and partnership joint venture or corporation that any pnncipal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal Separate information shall be submitted for each particular partnership, point venture, corporate, or individual bidder The bidder may attach any additional information or explanation of data which bidder would like to be taken into consideration in evaluating the safety record An explanation must be attached of the circumstances surrounding any and all fatalities 1 I SPC19-1l P_ 2 BID PROPOSAL INCLUDES ALL WORK TO BE DONE ON CITY OF RANCHO PALOS VERDES LADERA LINDA COMMUNITY PARK PROJECT CITY PROJECT NO 8405 IN THE CITY OF RANCHO PALOS VERDES BID SHEET NAME OF COMPANY AMG &Associates, Inc To the Honorable Mayor and Members of the City Council In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, matenals, equipment and supplies for the project identified as LADERA LINDA COMMUNITY PARK PROJECT, in accordance with the specifications and plans in the Contract Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following total lump sum price BID ITEM 1 -BASE BID LUMP SUM NUMERICAL $ 13,586,000 WRITTEN thirteen million five hundred eighty six thousand BID ITEM 2 — ALTERNATE NO I. DEMOLISH EXISTING TREES AND BRUSH AND RESEED WITH COASTAL SAGE SCRUB AS SHOWN ON LD1 0, LPI 3,Al 01,Al 07 NUMERICAL $ 135,000 WRITTEN one hundred and thirty five thousand TOTAL FOR BID ITEMS 1 AND 2 NUMERICAL $ 13,721,000 WRITTEN thirteen million seven hundred twenty one thousand ACKNOWLEDGEMENT OF ADDENDA No 1 Dated 2/1/22 No 3 Dated 2/7/22 No Dated No 2 Dated 2/2/22 No Dated No Dated SPC19-11 P-3 INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information (Additional sheets may be attached if necessary) (I) Address 26535 Summit Circle Santa Clarita, CA 91350 (2) Telephone (661) 251-7401 (3) Contractor's license number and class 881824 Class A& B- Expires 07/31/2022 (4) Department of Industrial Relations Registration No 1000000413 (5) Registration Date 07/01/2019 Expiration Date 06/30/2022 (6) Email Address estimating@amgassociatesinc corn Prior to award of Contract, Contractor shall submit a list of suppliers and vendors, in writing, to the City Engineer (7) List the name of the person who inspected the site of the proposed work for your firm Jim Jensen (8) NOTE Upon request of the Redevelopment Agency, the bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience,or other information (9) Bidder shall be properly licensed in accordance with Business and Professional Code Section 7028 at the time of the Business and Professional Code shall be considered non-responsive and his bid shall be rejected (10) Within 24 hours of the bid opening, the apparent low bidder shall submit the following information for each subcontractor Will submit if we are the low bidder Sub-Contractor Name License No and Class Subcontractors License verified with California Contractor's State License Board on by Title Sub-Contractor Name License No and Class Subcontractors License verified with California Contractor's State License Board on by Title SPC19-11 P-4 CITYOF , RANCHO PALOS 1/ERDES RAil 0(.wows nFA,RfMEN1 February 3, 2022 ADDENDUM NO 1 TO THE CONTRACT DOCUMENTS, SPECIFICATIONS, &STANDARD DRAWINGS FOR THE Ladera Linda Community Park Project(City Project No 8405) In accordance with "Addenda" on page I-1 of the "Instructions to Bidders", the following changes (revisions, additions, and/or deletions) as noted below, are hereby incorporated and made a part of the subject plans, specifications and contract documents for this project Portions of the Contract, not specifically mentioned in the Addendum, remain in force All trades affected shall be fully advised of these revisions, deletions, and additions This Addendum forms a part of the Contract Documents for the above-identified project and modifies the onginal specifications and Contract Documents Each bidder shall be responsible for ascertaining, pnor to submitting a Bid, that it has received all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON THE BIDDER'S CERTIFICATION, attached A bidder's failure to address the requirements of this addendum or failure to acknowledge the receipt of this addendum may result in that Bid being rejected as non-responsive Note the following changes and/or additions to the Plans and Specifications for the project indicated above The bidder shall execute the Certification at the end of this addendum, and shall submit it with their Bid. 1 Addendum 1 provides updated Architectural and Civil drawings, updated Asbestos & Lead Survey Report, updated Specifications Section 122413, new Specifications section 260574, and responses to Bid RFIs Reference the Bid RFI Responses and Narrative for a descnption of the changes The Addendum also includes the Bid Breakdown List form to be submitted by bidders within 48 hours of bid opening The following documents make up Addendum 1 • 122413 Rolling Window Shades • 260574 Overcurrent Protective Device Arc-Flash Study • Architectural Plans • Asbestos & Lead Survey-Corrected • Bid Breakdown List • Civil Plans • Narrative • RFI 11 - Manufacturer Technical Guidline for Underground Piping • RFI 13 - CBD Recycling Specs, Approved Haulers List • Bid RFI Responses End of Addendum No 1 Any questions regarding this Addendum should be directed to the Project Manager, Robert Godfrey, at (949)-497-9000 Ext 211 S LrySean Lopez Assistant Engineer, City of RPV BIDDER'S CERTIFICATION I acknowledge receipt of the foregoing Addendum No 1 and accept all conditions contained therein AMG&Associates, Inc Name of Bidder Bid er's Si•ria (7. A• on raraverso-Vice President/Secretary/Treasurer Albert M Giaco azzi-President 02/10/2022 Date Please sign above and include this signed acknowledgement in the Bid package Failure to do so may result in that Bid being resected as non-responsive • C ITV OF = RANCHO PALOS VE-IDES I'( til { 1,1( RK(1I)F I ARNRI N I February 7, 2022 ADDENDUM NO 2 TO THE CONTRACT DOCUMENTS, SPECIFICATIONS, &STANDARD DRAWINGS FOR THE Ladera Linda Community Park Project(City Project No 8405) In accordance with "Addenda" on page I-1 of the "Instructions to Bidders", the following changes (revisions, additions, and/or deletions) as noted below, are hereby incorporated and made a part of the subject plans, specifications and contract documents for this project Portions of the Contract, not specifically mentioned in the Addendum, remain in force All trades affected shall be fully advised of these revisions, deletions, and additions This Addendum forms a part of the Contract Documents for the above-identified project and modifies the onginal specifications and Contract Documents Each bidder shall be responsible for ascertaining, prior to submitting a Bid, that it has received all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON THE BIDDER'S CERTIFICATION, attached A bidder's failure to address the requirements of this addendum or failure to acknowledge the receipt of this addendum may result in that Bid being rejected as non-responsive Note the following changes and/or additions to the Plans and Specifications for the project indicated above The bidder shall execute the Certification at the end of this addendum, and shall submit it with their Bid 1 Addendum 2 updates the bid submittal deadline The new bid submittal deadline is • eBIDS MUST BE RECEIVED BY 2 OOp m , February 15, 2022 • eBID RESULTS AVAILABLE AFTER 4 00 p m , February 15, 2022 2 Addendum 2 provides updated Landscape drawings in response to Bid RFIs Reference the Narrative for a detailed description of the changes The following additional documents make up Addendum 2 • Landscape Plans • Narrative End of Addendum No 2 Any questions regarding this Addendum should be directed to the Project Manager, Robert Godfrey, at(949)-497-9000 Ext 211 3¢4n, L4)/7 Sean Lopez Assistant Engineer, City of RPV BIDDER'S CERTIFICATION I acknowledge receipt of the foregoing Addendum No 2 and accept all conditions contained therein AMG & Associates. Inc Name of Bidder • Bid er's SiP -------. / Albert M Gi omazzi - President Anthony R Traverso-Vice President/Secretary/Treasures 02/10/2022 Date Please sign above and include this signed acknowledgement in the Bid package Failure to do so may result in your Bid being rejected as non-responsive CITYOF `'` RANCHO PALOSVENUES 11 11 )RKL,I*-I'.L'I MI N I February 7, 2022 ADDENDUM NO 3 TO THE CONTRACT DOCUMENTS, SPECIFICATIONS, & STANDARD DRAWINGS FOR THE Ladera Linda Community Park Project(City Project No 8405) In accordance with "Addenda" on page I-1 of the "Instructions to Bidders", the following changes (revisions, additions, and/or deletions) as noted below, are hereby incorporated and made a part of the subject plans, specifications and contract documents for this project Portions of the Contract, not specifically mentioned in the Addendum, remain in force All trades affected shall be fully advised of these revisions, deletions, and additions This Addendum forms a part of the Contract Documents for the above-identified project and modifies the onginal specifications and Contract Documents Each bidder shall be responsible for ascertaining, pnor to submitting a Bid, that it has received all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON THE BIDDER'S CERTIFICATION, attached A bidder's failure to address the requirements of this addendum or failure to acknowledge the receipt of this addendum may result in that Bid being rejected as non-responsive Note the following changes and/or additions to the Plans and Specifications for the project indicated above The bidder shall execute the Certification at the end of this addendum, and shall submit it with their Bid. 1 Addendum 3 replaces sheet E0 0 SCE DRAFT DUCTS AND STRUCTURES MAP with the following two (2) sheets • EO OA • EO OB End of Addendum No 3 Any questions regarding this Addendum should be directed to the Project Manager, Robert Godfrey, at(949)-497-9000 Ext 211 Sean Lopez Assistant Engineer, City of RPV BIDDER'S CERTIFICATION I acknowledge receipt of the foregoing Addendum No 3 and accept all conditions contained therein AMG &Associates. Inc Name of Bidder Bid.er's Si• - .I A on raverso-Vice President/Secretary/ Albert M Gia • •• .zzi - President Treasurer 02/10/2022 Date Please sign above and include this signed acknowledgement in the Bid package Failure to do so may result in your Bid being rejected as non-responsive STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business&Professions Code 7028 15] [Public Contract Code 20103 5] 1, the undersigned, certify that l am aware of the following provisions of California law and that i, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below I Business&Professions Code 7028 15 (a) it is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore,except in any of the following cases (I) The person is particularly exempted from this chapter (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now'20103 5] of the Public Contract Code (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county fail for not less than 10 days nor more than six months,or both In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed (c) This section shall not apply to a joint venture license, as required by Section 7029 i However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure (d) This section shall not affect the nght or ability of a licensed architect, land surveyor, or registered professional engineer to form point ventures with licensed contractor to render services within the scope of their respective practices (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non- responsive and shall be rejected by the public agency Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028 7 to 7028 13 inclusive Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void SPC19-1 l P- 5 (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days For purposes of this section, a telephone response by the board shall be deemed sufficient Public Contract Code 10103 5 In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractor's State License Board indicate that the contractor was properly licensed at the time the contract was awarded Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the secunty of the bidder License No 881824 Class A& B Expiration Date 07/31/2022 Date 02/10/2022 Signature Albert M ipr zzi - President A on Traverso-Vice President/Secretary/ Treasurer SPC19-11 P-6 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104] Public Contract Code 4104 provides as follows Any officer,department, board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received from the doing of the work incident to the public work or improvement that of any person making a bid or offer to perform the work, shall, in his or her bid or offer, set forth (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or,or ten thousand dollars($10,000), whichever is greater (b) The portion of the work which will be done by each subcontractor under this act The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid Subcontractor Name INTERIOR DEMOLITION INC Address 2621 HONOLULU AVENUE Montrose,CA DIR Registration No 1000004790 CSLB No 603409 Class B,C-21,C-12,C-2; Phone (818)249-4932 Email maria@interiordemolition corn Percent of Total Contract 3% Specific Scope of Work Asbestos Abatement & Demolition Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work Subcontractor Name ACT 1 CONSTRUCTION INC Address 444 SIXTH STREET Norco,CA DIR Registration No 1000004899 CSLB No 657517 Class B,A, C-12,C-8,C-:9 Phone(951)735-1184 Email tiffany@acticonst corn Percent of Total Contract 15% Specific Scope of Work Earthwork/Site Concrete/Structural Concrete/Rebar/Masonry/Asphalt Paving Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work SPC19-11 Page 1 P-7 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104] Public Contract Code 4104 provides as follows Any officer,department, board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received from the doing of the work incident to the public work or improvement that of any person making a bid or offer to perform the work, shall, in his or her bid or offer,set forth (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of I percent of the prime contractor's total bid or, or ten thousand dollars($10,000), whichever is greater (b) The portion of the work which will be done by each subcontractor under this act The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work Subcontractor Name Ace Fence Address 727 GLENDORA AVE. La Puente.CA DIR Registration No 1000004092 CSLB No 996577 Class A. B. C-13 Phone 626-333-07 Email moronia@acefencecompany corn Percent of Total Contract 4% Specific Scope of Work Fences&Gates Subcontractor Name Bennett Address 25889 BELLE PORTE AVE Harbor City,CA DIR Registration No 1000006863 CSLB No 479003 Class C-27 Phone 310-534-3543 Email Ieslie@bennett-landscape corn Percent of Total Contract 7% Specific Scope of Work Plants Subcontractor Name Cal Empire _ Address PO BOX 1995 Corona.CA DIR Registration No 1000035725 CSLB No 1011503 Class A Phone 626-915-8030 Email ap@calempire corn Percent of Total Contract 4% Specific Scope of Work Site Utilities SPC19-1 I Page 2 P-7 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104] Public Contract Code 4104 provides as follows Any officer,department, board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received from the doing of the work incident to the public work or improvement that of any person making a bid or offer to perform the work, shall, in his or her bid or offer,set forth (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or,or ten thousand dollars($10,000), whichever is greater (b) The portion of the work which will be done by each subcontractor under this act The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work Subcontractor Name TRUSSWORKS INTERNATIONAL INC Address 1275 E FRANKLIN AVE Pomona, CA DIR Registration No 1000052360 CSLB No 1018654 Class B,C-51 Phone (909)461-3112 Email aheydari@twifab corn Percent of Total Contract 6% Specific Scope of Work Structural Steel& Metal Deck SPC 19-11 Page 3 P-7 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104] Public Contract Code 4104 provides as follows Any officer,department, board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received from the doing of the work incident to the public work or improvement that of any person making a bid or offer to perform the work, shall, in his or her bid or offer,set forth (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of I percent of the prime contractor's total bid or, or ten thousand dollars($10,000), whichever is greater (b) The portion of the work which will be done by each subcontractor under this act The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work Subcontractor Name CIMA WEST Address 4961 SANTA ANITA AVE UNIT K Temple City,CA DIR Registration No 1000062389 CSLB No 1046943 Class C-6 Phone (626)400-3850 Email estimating@activos us Percent of Total Contract 2% Specific Scope of Work Cabinets Subcontractor Name GOLDEN STATE ROOFING Address 22120 AVALON BLVD Carson,CA DIR Registration No 1000001624 CSLB No 941468 Class C-39 Phone 424-287-2309 Email vicki@goldenroofl corn Percent of Total Contract 2% Specific Scope of Work Roofing Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work SPC 19-I I Page 4 P-7 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104] Public Contract Code 4104 provides as follows Any officer, department, board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received from the doing of the work incident to the public work or improvement that of any person making a bid or offer to perform the work, shall, in his or her bid or offer,set forth (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, or ten thousand dollars($10,000), whichever is greater (b) The portion of the work which will be done by each subcontractor under this act The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid Subcontractor Name SOUTH COAST INDUSTRIAL DOOR INC Address 1275 GRAPHITE DR Corona,CA DIR Registration No 1000009098 CSLB No 726936 Class C-61 Phone (951)279-2424 Email lisa@southcoastdoor corn Percent of Total Contract 2% Specific Scope of Work Overhead Coiling Doors Subcontractor Name QUEEN CITY GLASS CO Address 30858 WEALTH STREET Murrieta, CCA DIR Registration No 1000001153 CSLB No 289252 Class C-17 Phone (951)719-3300 Email katie@queencityglass corn Percent of Total Contract 3% Specific Scope of Work Entrances&Storefronts Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work Subcontractor Name PLATINUM CONSTRUCTION INC Address 10581 CHESTNUT AVE Stanton,CA DIR Registration No 1000006755 CSLB No 870864 Class C-35,C-9. B Phone (714)527-0700 Email Icruz@platconinc corn Percent of Total Contract 7% Specific Scope of Work Gypsum Board &Plaster SPC19-11 Page 5 P- 7 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104] Public Contract Code 4104 provides as follows Any officer, department, board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received from the doing of the work incident to the public work or improvement that of any person making a bid or offer to perform the work, shall, in his or her bid or offer, set forth (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of I percent of the prime contractor's total bid or, or ten thousand dollars($10,000), whichever is greater (b) The portion of the work which will be done by each subcontractor under this act The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid Subcontractor Name CONTINENTAL MARBLE AND TILE COMPANY Address 2460 ANSELMO DRIVE Corona,CA DIR Registration No 1000002594 CSLB No 394 Class C-54 Phone (951)284-1776 Email Iohnt cmtc.us Percent of Total Contract 1% Specific Scope of Work Tiling Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work Subcontractor Name I S R PAINTING &WALLCOVERING INC Address 13586 PUMICE STREET Norwalk,CA DIR Registration No 1000009154 CSLB No 825061 Class C-33 Phone (562)407-5217 Email gloria ramirez@isrpainting corn Percent of Total Contract 1% Specific Scope of Work Painting Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work SPC19-11 Page 6 P-7 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104] Public Contract Code 4104 provides as follows Any officer,department, board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received from the doing of the work incident to the public work or improvement that of any person making a bid or offer to perform the work, shall, in his or her bid or offer,set forth (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of I percent of the prime contractor's total bid or, or ten thousand dollars($10,000), whichever is greater (b) The portion of the work which will be done by each subcontractor under this act The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid Subcontractor Name DIVERSIFIED WINDOW COVERINGS INC Address 7964 ARJONS DR STE F San Diego,CA DIR Registration No 1000009799 CSLB No 469647 Class C-61 Phone (858)536-9800 Email admin@divwin com Percent of Total Contract 1% Specific Scope of Work Rolling Window Shades Subcontractor Name MAJESTIC FIRE INC Address PO BOX 57019 Sherman Oaks,CA DIR Registration No 1000004893 CSLB No 938793 Class C-16.C-10, B Phone (818)501-4989 Email darius@majesticfire corn Percent of Total Contract 1% Specific Scope of Work Fire Sprinklers Subcontractor Name ABQ INC Address 8360 DEERING AVE Canoga Park,CA DIR Registration No 1000833272 CSLB No 1081727 Class C-36 Phone (818)921-5152 Email info@abqla corn Percent of Total Contract 1% Specific Scope of Work Plumbing Subcontractor Name NEW AIR INC Address 23515 LYONS AVE 281 Valencia .CA DIR Registration No 1000019103 CSLB No 995201 Class C-20,C-36, B Phone(310)302-7400 Email newainncPgmail.com Percent of Total Contract 2% Specific Scope of Work HVAC SPC19-1 1 Page 7 P-7 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104] Public Contract Code 4104 provides as follows Any officer,department, board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received from the doing of the work incident to the public work or improvement that of any person making a bid or offer to perform the work, shall, in his or her bid or offer,set forth (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of I percent of the prime contractor's total bid or,or ten thousand dollars($10,000), whichever is greater (b) The portion of the work which will be done by each subcontractor under this act The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid Subcontractor Name CEMAS INC/Ornelas Electric Address 24808 ADEN AVE Newhall,CA DIR Registration No 1000024065 CSLB No 675354 Class C-10,C-7, B Phone (661)481-9559 Email carlos@cemasinc corn Percent of Total Contract 12% Specific Scope of Work Electrical Subcontractor Name DIGITAL TECHNOLOGIES INC Address 760 S ROCHESTER AVE UNIT E Ontario,CA DIR Registration No 1000011268 CSLB No 894551 Class C-10,C-7, B Phone (909)563-8703 Email dvillarreal@digitaltechnologies-inc corn Percent of Total Contract 2% Specific Scope of Work Low Voltage Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work SPC 19-11 Page 8 P-7 Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work Subcontractor Name Address DIR Registration No CSLB No Class Phone Email Percent of Total Contract Specific Scope of Work SPC19-11 P-8 Page 9 Bond No 007340216 BID BOND KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has issued an invitation for bids for the work described as follows I ADERA LINDA i COMMUNITY PARK WHEREAS AMG &Associates, Inc (Name and address of Bidder) ("Principal"),desires to submit a bid to Public Agency for the work WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid NOW, THEREFORE, we,the undersigned Principal,and Travelers Casualty and Surety Company of America, 21688 Gateway Center Drive, Diamond Bar, CA 91765 (Name and address of Surety) (`Surety")a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of ten percent of bid amount Dollars($ 10% ), being not less than ten percent(10%) of the total bid price, in lawful money of the United States of America, for the paymcnt of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by the Public Agency and,within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court Surety hereby waives the provisions of California Civil Code'2845 SPC 19-I I P-9 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body Dated February 4, 2022 "Principal" "Surety" AMG &Associates, Inc Travelers Casualty and Surety Company of America • By Albert ,i •mazzi/President g Don Chambers/Attorney In Fact Y Its s By By Its Its (Seal) (Seal) Note This bond must be dated all signatures must be notarized and evidence of the authority of any person signing as attorney in fact must be attached SPC19-I 1 P- 10 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 February 14th 2022 before me, Jmler Gregorio, Notary Public Date (insert name and title of the officer) personally appeared Albert M. Giacomazzi. President (insert name(s)of signer(s)) 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 authonzed capcity(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 o'RGREG'' . i ..`�\N010257 44, oozy Pub Signature /0 OOriP gir re . •tary 'ublic %� �,� � �� (Seal) OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Bid Bond Lader)Linda Community Park Document Date Number of Pages Signer(s) Other Than Named Above N/A 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 Ventura ) On February 4, 2022 before me, Melissa Navarro, Notary Public (insert name and title of the officer) personally appeared Don Chambers who proved to me on the basis of satisfactory evidence to be the person(;w ose name( )is/are subscnbed to the within instrument and acknowledged to me that he/s /thi executed the same in his/h,pf/t 6ir authonzed capacity( s),and that by his/tier/thAr signatur�Vf on the instrument the personK,or the entity upon behalf of which the person()acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal ,.'N` MELISSA NAVARRO I 7rb COMM #2345426 z Notary Public California c e- 4,4 f ' Ventura County / 1 ` ,,;;:7 Mir Comm Expires Feb 6`2025 Signature ) 16/4 � 4 (Seal) - Travelers Casualty and Surety Company of America rRAVELERerk Travelers Casualty and Surety Company St.Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies") and that the Companies do hereby make constitute and appoint Don Chambers of CAMARILLO California their true and lawful Attomey(s)-in-Fad to sign execute seal and acknowledge any and all bonds recognizances conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed this 21st day of April 2021j, „SA impti ®� .� • � ''a, 'pF tm it State of Connecticut cf14( / By City of Hartford ss Robert L Ran enior Vice President On this the 21st day of April 2021 before me personally appeared Robert L Raney who acknowledged himself to be the Senior Vice President of each of the Companies and that he as such being authonzed so to do executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authonzed officer IN WITNESS WHEREOF I hereunto set my hand and official seal ve./ My Commission expires the 30th day of June 2026 ° .moi+ ° g r Anna P Nowik Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies which resolutions are now in full force and effect reading as follows RESOLVED, that the Chairman the President any Vice Chairman any Executive Vice President any Senior Vice President any Vice President any Second Vice President the Treasurer any Assistant Treasurer the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds recognizances contracts of Indemnity and other writings obligatory in the nature of a bond recognizance or conditional undertaking and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her and It is FURTHER RESOLVED, that the Chairman the President any Vice Chairman any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authonty to one or more officers or employees of this Company provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary and rt is FURTHER RESOLVED, that any bond, recognizance contract of indemnity, or writing obligatory in the nature of a bond recognizance or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President any Vice Chairman any Executive Vice President any Senior Vice President or any Vice President any Second Vice President, the Treasurer any Assistant Treasurer the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or (b) duly executed (under seal if required) by one or more Attorneys-In-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority and it is FURTHER RESOLVED, that the signature of each of the following officers President any Executive Vice President any Senior Vice President any Vice President any Assistant Vice President any Secretary any Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents Resident Assistant Secretaries or Attorneys-In- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company In the future with respect to any bond or understanding to which it is attached I Kevin E Hughes the undersigned Assistant Secretary of each of the Companies do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which remains in full force and effect Dated this 4th day of February 2022 • `' �90,1 op LKevin E Hughes Ass�ecretary To venly the authendcty of this Power of Attorney,please aril us at 1-800-421-3880 Please refer to the above-named Attnmey(s)-in-Fact and the details of me bond to which this Power of Attoney is attached NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code 7106] State of California ) )ss County of Los Angeles ) Albert M Giacomazzi ,being first duly sworn, deposes and says that he or she is President of AMG &Associates, Inc the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham, that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired,connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid pnce, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization,bid depository,or to any member or agent there effectuate a collusive or sham bid 1 Sigr 'tu • . ,: M Giacomazzi -President Traverso-Vice President/ Secretary/Treasurer 02/14/2022 (Date) State of California County of (Please see attached form) Subscribed and sworn to(or affirmed)before me on this da . ,2022, by ,proved to me on the basis of satisfactory evidence to be the person(s) wh. .: -.red before me Signature (seal) SPCI9-ll P- 11 CALIFORNIA JURAT WITH AFFIANT STATEMENT 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 Subscribed and sworn to(or affirmed)before me on this 14th day of February , 2022 , by Day Month Year (1) Albert M Giacomazzi, President (and (2) N/A ), proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me % ,,ji GIREG 0'i, v-� 46257#j,?i0% 064004,4, Signature , ' '1k (Seal) Coq "„'' NSP rat of Pub is OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document BIO Doc Nancol'uelonAffitlevd Document Date Number of Pages Signer(s) Other Than Named Above N/A CALIFORNIA JURAT WITH AFFIANT STATEMENT 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 Subscribed and sworn to(or affirmed) before me on this 14th day of February , 2022 , by Day Month Year (1) Anthony R Traverso, Vice President (and (2) N/A ), proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me GREG,',, `v-t1462574i, 'O'. F Iry+'Lc AP ; di+ • • Signature / (Seal) = . , , =lure • ota Public ��Exp \ Ju, 1111,100 OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document BIdDoc INonwlIusonAlfMdawl Document Date Number of Pages Signer(s) Other Than Named Above N/A CHECKLIST FOR EXECUTION OF CONSTRUCTION CONTRACT TO BE SUBMITTED BY SUCCESSFUL BIDDER VTwo Executed Notarized Copies of the Contract(Attached) ❑ Payment Bond in Amount of Contract(Attached) ❑ Performance Bond in Amount of Contract(Attached) Workers' Compensation Certificate (Attached) ❑ Liability Insurance Certificate in the Amount of$4 Million,Naming the City as a Co-insured ❑ Automobile Insurance Certificate in the Amount of $I Million, Naming the City as a Co- insured VAgreement To Comply with California Labor Law Requirements(Attached) ❑ Business License with the City of Rancho Palos Verdes Indemnification and Hold Harmless Agreement(Attached) ❑ Additional Insured Endorsement-Comprehensive General Liability (Attached) ❑ Additional Insured Endorsement- Automobile Liability (Attached) SPCI9-I 1 PUBLIC WORKS AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and AMG & ASSOCIATES, INC 01203 0006/300347 1 AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND AMG & ASSOCIATES, INC THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein "Agreement") is made and entered into on March 1, 2022 by and between the City of Rancho Palos Verdes, a California municipal corporation ("City")and AMG& Associates, Inc ("Contractor") City and Contractor may be referred to, individually or collectively,as"Party"or"Parties" RECITALS A City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article I of this Agreement B Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article I of this Agreement, was selected by the City to perform those services C Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to enter into and execute this Agreement D The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article I of this Agreement and desire that the terms of that performance be as particularly defined and described herein OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows ARTICLE I WORK OF CONTRACTOR I I Scope of Work In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Work" attached hereto as Exhibit "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 it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended For purposes of this Agreement, the phrase `highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances C-1 01203 0006/300347 1 12 Bid Documents The Scope of Work shall include the "General Provisions" and "Special Provisions" in the bid documents for the project entitled Ladera Linda Community Park Project, including any documents or exhibits referenced therein (collectively, "bid documents"), all of which are incorporated herein by this reference In the event of any inconsistency 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 informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions,statutes, rules,and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered 1 4 Compliance with California Labor Law (a) Public Work The Parties acknowledge that the work to be performed under this Agreement is a"public work" as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR Contractor shall post job site notices, as prescribed by regulation (b) Prevailing Wages Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771 Pursuant to Labor Code Section 1773 2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement (c) Penalty for Failure to Pay Prevailing Wages Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages The Contractor shall, as a penalty to the City, forfeit two hundred dollars($200)for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor (d) Payroll Records Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776,certify and make such payroll records available for inspection as provided by Section 1776, and inform the City of the location of the records (e) Apprentices Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777 5, 1777 6, and 1777 7 and California Code of Regulations Title 8, Section 200 el seg concerning the employment of apprentices on public works projects Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program Within sixty (60) days after C-2 01203 0006/300347 1 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 provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight(8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half(11/2)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 if it has employees In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the,work this contract" Contractor's Authorized Initialsv� (i) Contractor's Responsibility for Subcontractors For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor 1 5 Licenses,Permits, Fees and Assessments Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable 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 C-3 01203 0006/300347 1 16 Familiarity with Work (a) By executing this Agreement, Contractor warrants that Contractor(i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii)fully understands the facilities,difficulties 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 investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder (b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law, (i►) subsurface, unknown or latent conditions, materially different from those indicated, or (iii) unknown physical conditions 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 conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 110 of this Agreement (d) In the event that a dispute arises between City and Contractor whether the conditions 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 completion date set, but shall proceed with all work to be performed under the Agreement Contractor shall retain any and all rights provided 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 Section 1 10 of this Agreement 1 7 Protection and Care of Work and Materials The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life 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 negligence 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 delivered 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 quality 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 supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, C-4 01203 0006/300347 1 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 diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense Contractor shall act as soon as requested by the City in response to an emergency In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional 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 limitation, redesign, repairs, and replacements comply with the requirements of the Agreement All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, 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, if necessary, on behalf of the City In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction 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 Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand 19 Further Responsibilities of Parties Both parties agree to use reasonable care and diligence to perform their respective obligations 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 Additional Work and Change Orders (a) City shall have the right at any time during the performance of the services, without invalidating 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 written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor ("Change Order") All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder (b) Any increase in compensation of up to ten percent(10%) of the Contract Sum, or any increase in the time to perform of up to one hundred eighty (180) days, and does not materially affect the Work and which are not detrimental 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 Exhibit "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 writing and signed by Contractor and Contract Officer If the cost of C-5 01203 0006/300347 1 the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows (i) Labor the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done The use of labor classifications that would increase the cost of such work shall not be permitted (ii) Materials and Equipment the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done,whichever is lower (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order The daily report must include list of names of workers, classifications, and hours worked, description and list of quantities of materials used, type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable, description of other City authorized services and expenditures in such detail as the City may require Failure to submit a daily report by the close of the next working day may, at the City's sole and absolute discretion, waive the Contractor's rights for that day (d) It is expressly understood by Contractor that the provisions of this Section 1 10 shall not apply to services specifically set forth in the Scope of Work Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor City may in its sole and absolute discretion have similar work done by other contractors (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed 1 11 Special Requirements Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the'Special Requirements"attached hereto as Exhibit"B"and incorporated herein by this reference In the event of a conflict between the provisions of Exhibit"B"and any other provisions of this Agreement,the provisions of Exhibit"B"shall govern ARTICLE 2 COMPENSATION AND METHOD OF PAYMENT 2 1 Contract Sum 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 $13,721,000 (Thirteen Million Seven Hundred Twenty One Thousand Dollars) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1 10 2 2 Method of Compensation The method of compensation may include (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the services less the C—6 01203 0006/300347 1 contract retention, (iii) 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 is maintained and (c) the Contract Sum is not exceeded, or (iv) such other methods as may be specified in the Schedule of Compensation 2 3 Reimbursable Expenses Compensation may include 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 Section 4 5, and only if 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 is a critical component of the services If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional 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 is certifying compliance with all provisions of the Agreement The invoice shall contain all information specified in Exhibit"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 provisions 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 20104 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 resubmission 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 C-7 01203 0006/300347 1 ARTICLE 3 PERFORMANCE SCHEDULE 3 I Time of Essence Time is 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 the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180)days cumulatively 3 3 Force Majeure The time period(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, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing 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 if in the judgment of the Contract Officer such delay is justified 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 of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section 3 4 Inspection and Final 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 provisions of this Agreement including, but not limited to, Articles 1 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 (1) years from the date hereof,except as otherwise provided in the Schedule of Performance(Exhibit"D") C-8 01203 0006/300347 1 ARTICLE 4 COORDINATION OF WORK 4 I 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 decisions in connection therewith Albert M Giacomazzi President (Name) (Title) Anthony R Traverso Vice President/Secretary/Treasurer (Name) (Title) (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation 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 activities 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 responsibilities be substantially reduced by Contractor without the express written approval of City Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement Contractor shall notify City of any changes in Contractor's staff and subcontractors, if any, assigned to perform the services required 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 obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing 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 Ramzi Awwad or such person as may be designated by the City Manager It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement C-9 01203 0006/300347 1 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, its agents or employees, perform the services required herein, except as otherwise set forth herein City shall have no voice in the selection, discharge, supervision 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 required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role Contractor shall not at any time or in any manner represent that it 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 Prohibition Against Subcontracting 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, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement In addition, 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 void No approved transfer shall release the Contractor or any surety of Contractor of any liability 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 of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City (a) General liability insurance Contractor shall maintain commercial general liability 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 bodily injury, personal injury, and property damage The policy must include contractual liability that has not been amended Any endorsement restricting standard ISO"insured contract" language will not be accepted (b) Automobile liability insurance Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising 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 limit for each accident C-10 01203 0006/300347 1 (c) Professional liability (errors & omissions) insurance Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$1,000,000 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 three (3) years after completion of the services required by this Agreement (d) Workers' compensation insurance Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) (e) Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor All coverages for subcontractors shall include all of the requirements stated herein (0 Additional Insurance Policies of such other insurance, as may be required in the Special Requirements in Exhibit"B" 5 2 General Insurance Requirements (a) Proof of insurance Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance Current certification of insurance 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 (b) Duration of coverage Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors (c) Primary/noncontributing 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 it The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured (d) City's rights of enforcement In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments In the alternative, City may cancel this Agreement (e) Acceptable insurers All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager C-11 01203 0006/300347 1 (f) 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 compliance with these specifications 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 (g) Enforcement of contract provisions(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 requirement imposes no additional obligations on the City nor does it waive any rights hereunder (h) Requirements not limiting Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is 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 limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City (i) Notice of cancellation Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten(10)day notice is required)or nonrenewal of coverage for each required coverage (1) Additional insured status General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies This provision shall also apply to any excess/umbrella liability policies (k) Prohibition of undisclosed coverage limitations None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing (I) Separation of insureds A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability The policy(ies)shall not contain any cross-liability exclusions (m) Pass through clause Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is 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 responsibility for ensuring that such coverage is 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 specifications 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 additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation C-12 01203 0006/300347 1 (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 eliminated, lowered, or replaced by a deductible Self-insurance will not be considered to comply with these specifications unless approved by City (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 liability policies (q) Additional insurance Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work 5 3 Indemnification 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 judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities")that may be asserted or claimed by any person,firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable ("indemnitors"), or arising from Contractor's or indemnitors' reckless or willful misconduct, or arising from Contractor's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement,and in connection therewith (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith, (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities 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 is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities 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 action or proceeding, including but not limited to, legal costs and attorneys' fees In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same C-13 01203 0006/300347 1 Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement 5 4 Notification of Third-Party Claims City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification 5 5 Performance and Labor Bonds Concurrently with execution of this Agreement Contractor shall deliver to the City, the following (a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement Both the performance and labors bonds required under this Section 5 5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement 5 6 Sufficiency of Insurer or Surety insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they 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 continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City,the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5 5 may be changed accordingly upon receipt of written notice from the Risk Manager C-14 01203 0006/300347 1 5 7 Substitution of Securities Pursuant to Public Contract Code Section 22300, substitution of eligible 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 in 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 following have occurred (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement, (b) the Work has been accepted,and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws, if lien 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 61 Records Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating 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 maintained in accordance with generally accepted accounting principles and shall be complete and detailed The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required In the event of dissolution of Contractor's business, custody of the books and records may be given to City, and access shall be provided by Contractor's successor in interest Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act 6 2 Reports Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of C-15 01203 0006/300347 1 said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed 6 3 Ownership of Documents All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials(the "documents and materials") prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its 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 will be at the City's sole risk and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to such use, reuse or assignment Contractor may retain copies of such documents for its own use Contractor shall have an unrestricted right to use the concepts embodied therein All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom Moreover, Contractor with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U S C § 101, such documents and materials are hereby deemed "works made for hire"for the City 6 4 Confidentiality and Release of Information (a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor Contractor shall not release or disclose any such information or work product to persons or entities 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 depositions, response to interrogatories or other information concerning 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 (c) if Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this 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 deposition, request for documents, interrogatories, request for admissions 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 obligation, to represent Contractor or be present at any deposition, hearing or similar 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 C-16 01203 0006/300347 1 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 California Law This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California 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 California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action In the event of litigation in a U S District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California 7 2 Disputes (a) Default, Cure In the event that Contractor is in default under the terms of this Agreement,the City shall not have any obligation 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 timeframe in which Contractor may cure the default This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured In the alternative, the City may, in its sole discretion, 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 provision of this Agreement (b) Dispute Resolution This contract is subject to the provisions of Article 1 5 (commencing at Section 20104)of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000 Article 1 5 mandates certain procedures for the filing of claims and supporting 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-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation This Agreement hereby incorporates the provisions of Article 15 as though fully set forth herein 7 3 Retention of Funds Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim The failure of City to exercise such right to deduct or to withhold shall not, however, C-17 01203 0006/300347 1 affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein 7 4 Waiver Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term,condition, or covenant Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement 7 5 Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in 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 it,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 addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq and 910 et seq , in order to pursue a legal action under this Agreement 7 7 Liquidated Damages Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Two Thousand Dollars ($2,000) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit"D") 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 in 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 facilities 7 8 Termination Prior to Expiration of Term This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that C-18 01203 0006/300347 1 where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7 3 In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation 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-terminating party with the opportunity to cure pursuant to Section 7 2 7 9 Termination for Default of Contractor If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions 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 mitigate 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 is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment 7 11 Unfair Business Practices Claims In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U S C § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising 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-liability of City Officers and Employees No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in 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 obligation of the terms of this Agreement C-19 01203 0006/300347 1 8 2 Conflict of Interest Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Agreement Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it 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 interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement 8 3 Covenant Against Discrimination Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement Contractor shall take affirmative action to insure 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 origin,ancestry, or other protected class 8 4 Unauthorized Aliens Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U S C § 1 101 et seq, as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'fees, incurred by City ARTICLE 9 MISCELLANEOUS PROVISIONS 9I Notices Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in 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 in the case of the Contractor, to the person at the address designated on the execution page of this Agreement Either party may change its address by notifying the other party of the change of address in writing Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section All correspondence relating to this Agreement shall be serialized consecutively C-20 01203 0006/300347 1 9 2 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against 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 in counterparts, each of which shall be deemed to be an original,and such counterparts shall constitute one and the same instrument 9 4 Integration, Amendment This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void 9 5 Severability In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability 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 invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless 9 6 Warranty& Representation of Non-Collusion 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 participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which(s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation The determination of"financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091 5 Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration,or other thing of value will render this Agreement void and of no force or effect C-21 01203 0006/300347 1 Contractor's Authorized Initials L•itIf' /�/ 9 7 Corporate Authority The persons executing this Agreement 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 Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound This Agreement shall be binding upon the heirs, executors,administrators,successors and assigns of the parties [SIGNATURES ON FOLLOWING PAGE] C-22 01203 0006/300347 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written CITY CITY OF RANCHO ' • LOS VERDES, a • . orpo . ion 111PAIWINIt- ra. ey,Mayor ATTEST aika�4‘44ereAL8'2"-sa Ta ka, City Clerk" APPROVED AS TO FORM ALESHIRE& WYNDER, LLP • A .,.A�_ �Iliam W Wynder Attorney CONTRACTOR AMG & Associates, Inc By Name tett M Giacomazzi Title Preside' By Nj,*11.7i% •: Traverso itle ce President Address 26535 Summit Circle Santa Clanta, CA 91350 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 C-23 01203 0006/300347 1 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 February 24th 2022 before me, Jinjer Gregorio, Notary Public Date (insert name and title of the officer) personally appeared Albert M Giacomazzi, President (insert name(s)of signer(s)) 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 capcity(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 ��4. 6157 M0R/p, '�o\ZVI Puoi,�2ti • PO G ` ` ► ISignature Ad = C j! 7tur- NotaPublic;, - (Seal) cg ✓ P .i. OtiFoik f\ r10 . q,0SArkksCtr6 ‘'', Exp \ \ fin 1\\ OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Contract Documents Ladera Linda Community Park Document Date 02/24/2022 Number of Pages Signer(s) Other Than Named Above N/A 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 February 24th 2022 before me, Jinjer Gregorio, Notary Public Date (insert name and title of the officer) personally appeared Anthony R Traverso. Vice President , (insert name(s) of signer(s)) 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 capcity(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 \-) 6REp,r/0'. • . O Pc) - Signature �4 , / ` - t,.� r 1 - •4 . na1of otary Public ,,,,-,i. (Seal) ,,q°0)//7141 '�,gym it i 1►```% OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Contract Documents Ladera Unda Community Park Document Date 02/24/2022 Number of Pages Signer(s) Other Than Named Above N/A 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 ,2022 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 ei instrument and acknowledged to me that he/she/they executed the same in his/her/thr 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 prov valuable to persons relying on the document and could prevent fraudulent r• ttachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDU• ❑ CORPORATE OFFI'ER TITLE(S) TITLE OR TYPE OF DOCUMENT El P: 'TNER(S) CI LIMITED NUMBER OF PAGES 2 U CI GENERAL 111 � ATTORNEY-IN-FACT DATE OF DOCUMENT ❑ S¢,0 TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR El OTHE' SIGNER(S)OTHER THAN NAMED ABOVE IGNER IS REPRESENTING (N E OF PERSON(S)OR ENTITY(IES)) 7 / _ C-24 01203 0006/300347 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT / A notary public or other officer completing this certificate verifies only the identity of the individual who signed 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 ,2022 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 his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument e person(s),or the entity upon behalf of which the person(s)acted,executed the ins ument I certify under PENALTY OF PERJURY under the laws of the State of Cal 'ornia 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 m. prove valuable to persons relying on the document and could prevent fraud ent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDU• ❑ CORPORATE OFFICER TITLE(S) / TITLE OR TYPE OF DOCUMENT ❑ P''RTNER(S) III LIMITED L� NUMBER OF PAGES o' GENERAL ❑ Lr ATTORNEY-IN-FACT DATE OF DOCUMENT 111 CD-- ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER(S)OTHER THAN NAMED ABOVE 7GNER IS REPRESENTING (NA OF PERSON(S)OR ENTITY(IES)) 7 _ / _ C-25 01203 0006/300347 1 EXHIBIT"A" SCOPE OF WORK I Contractor shall perform all of the work and comply with all of the specifications and requirements in the"General Provisions" and"Special Provisions" included in the bid documents for the project entitled LADERA LINDA COMMUNITY PARK, including any documents or exhibits referenced therein The work to be done consists of furnishing all materials, equipment,tools labor and incidentals as required by the plans, specifications and contract documents The scope of work includes but is not limited to demolition of six (6) buildings and site improvements, and the construction of a 6,790 SF community center and 11 acre park including basketball courts and play equipment It includes all items not mentioned but indicated in the Plans and Specifications II In addition to the requirements of Section 6 2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the reports required in the contract documents III All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City IV Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook(WATCH), latest edition 01203 0006/300347 1 C-26 EXHIBIT"B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) 01203 0006/300347 1 C-27 Bond# 107449420 PERFORMANCE BOND WHEREAS, the CiTY OF RANCHO PALOS VERDES, ("City"), has awarded to AMG & ASSOCIATES, Inc , as Contractor ("Principal"), a Contract for the work entitled and described as follows LADERA LINDA COMMUNITY PARK, 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$13,721,000 (Thirteen Million Seven Hundred Twenty One Thousand Dollars), 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 March 1, 20 22 PRINCiP (Seal if Corporation) By 04,09-joiOt ert M Giacomazzi Title President (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to Travelers Casualty and Surety Company of America (name and address of Surety) 21688 Gateway Center Drive 01203 0006/300347 1 C-30 Diamond Bar, CA 91765 NA (name and address of Surety's agent for service of process in California, if different from above) 800 238 6225 (telephone number of Surety's agent in California) (Attach Acknowledgment) Travelers Casualty and Surety Company of Amenca SUETY By 1 , A.6.--------) / ' Don Chambers (A tt`orne)-inn-Fact) APPROVED (Attorney for CITY) NOTICE 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 01203 0006/300347 1 C-31 ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies 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 Ventura County of ) On March 1, 2022 before me, Melissa Navarro, Notary Public (insert name and title of the officer) personally appeared Don Chambers who proved to me on the basis of satisfactory evidence to be the person )w ose name is/a� e subscnbe to the within instrument and acknowledged o me that he/slj6/the jexecuted the same in his/h r/ it authonzed capacity( s), and that by his/lfer/th it signature( )on the instrument the perst n , or the entity upon belfalf of which the person()acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct - ,rrii, r4MELISSA NAVARRO t WITNESS my hand and official seal - ; COMM #2345426 z O 4 Notary Public California o z + li Ventura County I .. My Comm Expires Feb 6,2025 I Signature (Seal) - 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 March 02, 2.022 before me, Jinjer Gregorio, Notary Public Date (insert name and title of the officer) personally appeared Albert M Giacomazzi. President (insert name(s)of signer(s)) 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 capcity(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 `,`,,,GRE 0/1 i \2 4fi15I4y�R/0 ,p o‘atY Pu�� y o [� isa•c C 9 Signature A_ i.ture '• otary Public J' (Seal) c'7t�FOR��N OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Performance Bond Ladera Linda Document Date 03/01/2022 Number of Pages Signer(s) Other Than Named Above N/A Travelers Casualty and Surety Company of Amenca /M► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Manne Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies) and that the Companies do hereby make constitute and appoint Don Chambers of CAMARILLO California their true and lawful Attomey(s)-in-Fact to sign execute seal and acknowledge any and all bonds recognizances conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed this 21st day of April 2021 I N. i No., It 1(--i);).4eiN in, ‘kol \ ,1 t.,..J State of Connecticut By rj �/ City of Hartford ss Robert L Rane enior Vice President On this the 21st day of April 2021 before me personally appeared Robert L Raney who acknowledged himself to be the Senior Vice President of each of the Companies and that he as such being authonzed so to do executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer MP~ 4 IN WITNESS WHEREOF I hereunto set my hand and official seal alejo'Ad uoum My Commission expires the 30th day of June 2026 * eee* °j pu:::"/ Anna P Nowik Notary Public This Power of Attorney is granted under and by the authonty of the following resolutions adopted by the Boards of Directors of each of the Companies which resolutions are now in full force and effect reading as follows RESOLVED, that the Chairman the President any Vice Chairman any Executive Vice President any Senior Vice President any Vice President any Second Vice President the Treasurer any Assistant Treasurer the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authonty as his or her certificate of authonty may prescribe to sign with the Company's name and seal with the Company s seal bonds recognizances contracts of indemnity and other wntings obligatory in the nature of a bond recognizance or conditional undertaking and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her and it is FURTHER RESOLVED, that the Chairman the President any Vice Chairman any Executive Vice President any Senior Vice President or any Vice President may delegate all or any part of the foregoing authonty to one or more officers or employees of this Company provided that each such delegation is in wnting and a copy thereof is filed in the office of the Secretary and it is FURTHER RESOLVED, that any bond recognizance contract of indemnity or writing obligatory in the nature of a bond recognizance or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President any Vice Chairman any Executive Vice President any Senior Vice President or any Vice President any Second Vice President the Treasurer any Assistant Treasurer the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company s seal by a Secretary or Assistant Secretary or (b) duly executed (under seal if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescnbed in his or her certificate or their certificates of authonty or by one or more Company officers pursuant to a wntten delegation of authority and it is FURTHER RESOLVED, that the signature of each of the following officers President any Executive Vice President any Senior Vice President any Vice President any Assistant Vice President any Secretary any Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other wntings obligatory in the nature thereof and any such Power of Attorney or certificate beanng such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached I Kevin E Hughes the undersigned Assistant Secretary of each of the Companies do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which remains in full force and effect Dated this 1st day of March 2022 ��4ew� et,/140 . ��� 4 � S o Haarrarm , �,min y+F e/ £nEHugheintcretary To verify the authenbaty of this Power of Attorney,please call us at 1-800-421-3880 Please refer to the above-named Attorneys)-in-Fad and the details of the bond to which this Power of Attorney Is attached Bond# 107449420 PAYMENT BOND (Labor and Material Bond) WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City"), has awarded to AMG & ASSOCIATES, INC , as Contractor ("Principal"), a Contract for the work entitled and described as follows LADERA LINDA COMMUNITY PARK, 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$13,721,000 (Thirteen Million Seven Hundred Twenty One Thousand Dollars), 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 Executed on March 1, , 20 22 PRINC I' (Seal if Corporation) Bo' �Albert M Giacomazzi 01203 0006/300347 1 C-32 Title President (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to Travelers Casualty and Surety Company of America (name and address of Surety) 21688 Gateway Center Drive Diamond Bar, CA 91765 NA (name and address of Surety's agent for service of process in California, if different from above) 800 238 6225 (telephone number of Surety's agent in California) (Attach Acknowledgment) Travelers Casualty and Surety Company of America SUET By Don Chambers (Attorney in- act) APPROVED (Attorney for CITY) NOTICE 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 01203 0006/300347 1 C-33 ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies 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 Ventura ) On March 1, 2022 before me, Melissa Navarro, Notary Public (insert name and title of the officer) personally appeared Don Chambers who proved to me on the basis of satisfactory evidence to be the person(pf whose name) is/�'e subsc bed to the within instrument and acknowledged to me that he/s�fe/thpjf executed t e same in his/h r/t it authorized capacity(0s), and that by his/h�/ther signature on the instrument the pe di , or the entity upon behalf of which the persdn(0)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 I r''fir'\. OMIMSA#23V45426 A z s<rs Notary Public California o z' �_ j Ventura County 1 yh::rrr• It Comm Expires Feb 6.2025 I Signature � �7 (Seal) 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 March 02, 2022 before me, Jinjer Gregorio, Notary Public Date (insert name and title of the officer) personally appeared Albert M Giacomazzi. President (insert name(s)of signer(s)) 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 capcity(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 „,p046257 �� `0 GREGO '. ,p 2246157tqfrf /, �� & rY Pubs 2ti '� i t. Signature 2 l slier e 'aWotary Public (Seal) CIFOR r1 . q•-sAr h s cos-wt. '0,In? Etpitc���%� OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Payment Bond Ladera Linda Document Date 03/01/2022 Number of Pages Signer(s) Other Than Named Above N/A Travelers Casualty and Surety Company of Amenca �A. Travelers Casualty and Surety Company TRAVELERS J St Paul Fire and Manne Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the Companies) and that the Companies do hereby make constitute and appoint Don Chambers of CAMARILLO California their true and lawful Attomey(s)-in-Fact to sign execute seal and acknowledge any and all bonds recognizances conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed this 21st day of April 2021 yp� illoxitah' ION. g"*Mk State of Connecticut By City of Hartford ss Robert L Rane enaor Vice President On this the 21st day of April 2021 before me personally appeared Robert L Raney who acknowledged himself to be the Senior Vice President of each of the Companies and that he as such being authonzed so to do executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer IN WITNESS WHEREOF I hereunto set my hand and official seal P~ 4 rAel C°11 raw My Commission expires the 30th day of June 2026 °j 4?pwflcNotaryPublic not This Power of Attorney is granted under and by the authonty of the following resolutions adopted by the Boards of Directors of each of the Companies which resolutions are now in full force and effect reading as follows RESOLVED, that the Chairman the President any Vice Chairman any Executive Vice President any Senior Vice President any Vice President any Second Vice President the Treasurer any Assistant Treasurer the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authonty as his or her certificate of authonty may prescribe to sign with the Company s name and seal with the Company s seal bonds recognizances contracts of indemnity and other writings obligatory in the nature of a bond recognizance or conditional undertaking and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her and it is FURTHER RESOLVED, that the Chairman the President any Vice Chairman any Executive Vice President any Senior Vice President or any Vice President may delegate all or any part of the foregoing authonty to one or more officers or employees of this Company provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary and it is FURTHER RESOLVED, that any bond recognizance contract of indemnity or writing obligatory in the nature of a bond recognizance or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President any Vice Chairman any Executive Vice President any Senior Vice President or any Vice President any Second Vice President the Treasurer any Assistant Treasurer the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company s seal by a Secretary or Assistant Secretary or (b) duly executed (under seal if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescnbed an his or her certificate or their certificates of authonty or by one or more Company officers pursuant to a written delegation of authonty and it is FURTHER RESOLVED, that the signature of each of the following officers President any Executive Vice President any Senior Vice President any Vice President any Assistant Vice President any Secretary any Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents Resident Assistant Secretanes or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any such Power of Attorney or certificate beanng such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached I Kevin E Hughes the undersigned Assistant Secretary of each of the Companies do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which remains in full force and effect Dated this 1st day of March 2022 *vs sank 401T y .� Vd16Q Id:!..1 144 I(4 " 14.7"V \70!."8 1111101rof Kevin E Hughes Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880 Please refer to the above-named Attorneys)-in-fact and the details of the bond to which this Power of Attorney is attached WORKERS COMPENSATION INSURANCE CERTIFICATE Description of Contract City of Rancho Palos Verdes Project LADERA LINDA COMMUNITY PARK 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 Workers'Compensation Statutory Limits Under the Laws of the State of California Employers' Liability $ Each Accident $ Disease- Policy Limit $ Disease-Each Employee Named Insured(Contractor) Insurance Company Street Number Street Number City and State City and State By (Company Representative) (SEE NOTICE ON NEXT PAGE) 01203 0006/300347 1 C-34 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 01203 0006/300347 1 C-35 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 actrwty(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 01203 0006/300347 1 C-36 regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds 8 It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction, interpretation, and enforcement of this contract of insurance 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 POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11 Scheduled items or locations are to be identified on an attached sheet The following inclusions relate to the above coverages Includes o Contractual Liability o Explosion Hazard o Owners/Landlords/Tenants o Collapse Hazard o Manufacturers/Contractors o Underground Property Damage o Products/Completed Operations o Pollution Liability o Broad Form Property Damage o Liquor Liability o Extended Bodily Injury o o Broad Form Comprehensive o General Liability Endorsement o 12 A o deductible or o self-insured retention (check one) of$ applies to all coverage(s)except (if none, so state) The deductible is applicable o per claim or o per occurrence (check one) 13 This is an o occurrence or o claims made policy (check one) 14 This endorsement is effective on at 12 01 a m and forms a part of Policy Number 01203 0006/300347 1 C-37 (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 Signature of Authorized Representative (Original signature only no facsimile signature Telephone No ( ) or initialed signature accepted) 01203 0006/300347 1 C-38 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured( Named Insured ) Name and address of Insurance Company('Company') General description of agreement(s),permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows 1 The ("Public Agency"), its elected officials, officers,attorneys,agents,employees, and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy 2 The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy 3 Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability 4 Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy All such claims shall be covered as third-party claims, i e, in the same manner as if separate policies had been issued to each insured Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy 5 The insurance afforded by the Policy for contractual liability insurance(subject to the terms,conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained or executed in conjunction with the written agreement(s)or permit(s)designated above, between the Named Insured and the Additional Insureds 6 The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage,reduction of limits(except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty(30)days prior to the effective date thereto In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7 Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds 01203 0006/300347 1 C-39 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 POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11 Scheduled items or locations are to be identified on an attached sheet The following inclusions relate to the above coverages Includes o Any Automobiles o Truckers Coverage o All Owned Automobiles o Motor Carrier Act o Non-owned Automobiles o Bus Regulatory Reform Act o Hired Automobiles o Public Livery Coverage o Scheduled Automobiles o o Garage Coverage o 12 A ❑ deductible or❑ self-insured retention (check one) of$ applies to all coverage(s)except Of none so state) The deductible is applicable o per claim or o per occurrence (check one) 13 This is an o occurrence or o claims made policy (check one) 14 This endorsement is effective on at 12 01 a m and forms a part of Policy Number 01203 0006/300347 1 C-40 (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 Signature of Authorized Representative (Original signature only, no facsimile signature Telephone No ( ) or initialed signature accepted) 01203 0006/300347 1 C-41 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured('Named Insured ') Name and address of Insurance Company( Company') General description of agreement(s),permit(s), license(s) and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows 1 The ("Public Agency"), its elected officials, officers,attorneys,agents,employees, and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy 2 The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy 3 Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought,except with respect to the limits of the Company's liability 4 Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy All such claims shall be covered as third-party claims, i e, in the same manner as if separate policies had been issued to each insured Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy 5 The insurance afforded by the Policy for contractual liability insurance(subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or permit(s)designated above, between the Named Insured and the Additional Insureds 6 The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits(except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail, return receipt requested, not less than thirty(30)days prior to the effective date thereto In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7 Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds 8 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 01203 0006/300347 1 C-42 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 POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY o Following Form o Umbrella Liability o 1 1 Applicable underlying coverages INSURANCE COMPANY POLICY NO AMOUNT 12 The following inclusions,exclusions,extensions or specific provisions relate to the above coverages 13 A o deductible or o self-insured retention (check one) of$ applies to all coverage(s)except (if none, so state) The deductible is applicable o per claim or o per occurrence (check one) 14 This is an o occurrence or o claims made policy (check one) 15 This endorsement is effective on at 12 01 a m and forms a part of Policy Number 01203 0006/300347 1 C-43 (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 Signature of Authorized Representative (Original signature only no facsimile signature Telephone No ( ) or initialed signature accepted) 01203 0006/300347 1 C-44 CITY OF RANCHO PALOS VERDES INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS THIS IS INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS VERDES - IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS 1 By an Individual The individual must sign the instrument, and if he/she is doing business under a fictitious name, the fictitious name must be set forth The signature must be acknowledged before a Notary Public, using the proper form of acknowledgment 2 By a Partnership The name of the partnership must be set forth followed by the signatures of less than all of the partners will be acceptable only if submitted with evidence of authority to act on behalf of the partnership The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment 3 By a Corporation The name of the corporation must be set forth, followed by the signatures of the President or Vice President and Secretary or Assistant Secretary The signatures must be acknowledged before a Notary Public, using in substance the following form of acknowledgment 4 By a Surety The name of the surety must be set forth, followed by an authorized signature The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment STATE OF ) ) SS COUNTY OF ) On , 20 , before me, the undersigned,appeared known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary of the corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council WITNESS my signature and seal Notary Public (Seal) 01203 0006/300347 1 C-45 INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES PUBLIC WORKS CONTRACT The Contractor shall at all time during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $5,000,000 00 combined single limit coverage against any injury, death, lose, or damage as a result of wrongful or negligent acts by the Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement,(2)property damage insurance with a minimum limit of $1,000,000 00, (3) automotive liability insurance with a minimum combined single limits coverage of $5,000,000 00, and (4) workers' compensation insurance with a minimum limit of$1,000,000 00 or the amount required by law, whichever is greater The City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability, property damage, and workers' compensation coverages 1 Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California, or carriers with a rating of, or equivalent to, A VII by A M Best & Company Any deviation from this rule shall require specific approval, in writing, from the City 2 All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days prior written notice thereof The Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage 3 The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor 4 The Contractor shall submit to the City (1) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (2) insurance policy endorsements above, not less than one (I) day prior to beginning of performance under this Agreement Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement," copies of which are attached hereto 01203 0006/300347 1 C-46 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code 1720, 1773 8, 1775, 1776, 1777 5, 1813, 1860, 1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law 1 Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720)of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein 2 Contractor agrees to comply with the provisions of California Labor Code Section 1773 8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law 3 Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor 4 Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2)certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors 5 Contractor agrees to comply with the provisions of California Labor Code Section 1777 5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777 5 by itself and all of its subcontractors 6 Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter I, Article 3 of the California Labor Code 7 California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the wo of this ontract"' Date Signature A•ert M Gia • _.. ',Pry - Traverso President ice President 01203 0006/300347 1 C-47 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No or description Indemnitor(s) (list all names) To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Rancho Palos Verdes and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses,judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above- referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b) This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several "Indemnitor" Name Albert M Giacomazzi Name Anthony R Traverso By //(i77By is �'/ esident 01203 0006/300347 1 C-98