Ron's Maintenance Inc (2012) • City of Rancho Palos Verdes
SEP 102012
CITY OF RANCHO PALOS VERDES PUBLIC WORKS DEPARTMENT
MAINTENANCE AGREEMENT •
k.
THIS AGREEMENT ("Agreement") is made and entered this 1 day of September 2012,
by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation
("City") and RON'S MAINTENANCE ("Contractor"). Contractor's license number is 972124.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as
follows:
1. Scope of Services. Contractor shall perform the work and provide all labor, materials,
equipment and services in a good and workmanlike manner for the project identified as
Catch Basin Cleaning FY 2012-13 ("Project"), as described in this Agreement and in the
following documents: Contractor's Proposal, which is attached hereto as Exhibit "A" and
incorporated herein by this reference; Catch Basin Cleaning Services for Rancho Palos
Verdes Description of Services, which is attached hereto as Exhibit "B" and incorporated
herein by this reference; City of Rancho Palos Verdes Catch Basin Cleaning Standard,
which is attached hereto as Exhibit"C" and incorporated herein by this reference; and all
addenda as prepared prior to the effective date of this agreement setting forth any
modifications or interpretations of any said documents, which are attached hereto as
Exhibit "D" and incorporated herein by this reference. All work shall be performed in
accordance with the latest edition of the Standard Specifications for Public Works
Construction (commonly known as the "Greenbook"), including supplements, prepared
and promulgated by the Southern California Chapter of the American Public Works
Association and the Associated General Contractors of California (collectively "Standard
Specifications"), which is incorporated herein by this reference. In the event of any
conflict between the terms of this Agreement and incorporated documents, the terms of
this Agreement shall control.
2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and
accepted by the Contractor, shall be paid for under written work order in accordance with
the terms therein provided. Payment for extra work will be made at the unit price or lump
sum previously agreed upon in writing between the Contractor and the Director of Public
Works. All extra work shall be adjusted daily upon report sheet furnished by the
Contractor, prepared by the Director of Public Works, and signed by both parties, and
said daily report shall be considered thereafter the true records of extra work done.
3. Term. This Agreement shall commence on September 10, 2012 and shall remain in
effect until the tasks described herein are completed to the City's approval, but in no
event later than June 30, 2013, unless sooner terminated pursuant to Section 11 of this
Agreement. Additionally, there shall be three (3) one-year options to renew the
Agreement with the mutual written consent of both parties. If not renewed prior to the
anniversary date, the Agreement may continue on a month to month basis under the
same terms and conditions as this Agreement for a maximum period not to exceed six
(6) months or until renewed or awarded to a new contractor, whichever is less.
4. Time. Time is of the essence in this Agreement.
5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in
performance under this Agreement due to causes beyond its control, including but not
limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or
other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight
embargoes, unusually severe weather, and supplier delays due to such causes. Neither
economic nor market conditions nor the financial condition of either party shall be
considered a cause to excuse delay pursuant to this Section. Each party shall notify the
other promptly in writing of each such excusable delay, its cause and its expected delay,
and shall upon request update such notice.
6. Compensation. In consideration of the services rendered hereunder, City shall pay
Contractor a not to exceed amount of twenty-six thousand two hundred seventy-four
dollars and no cents ($26,274.00) in accordance with the unit prices as submitted in
Exhibit"A."
7. Payments. City shall make payments within thirty (30) days after receipt of an
undisputed and properly submitted payment request from Contractor. City shall return to
Contractor any payment request determined not to be a proper payment request as soon
as practicable, but not later than seven (7) days after receipt, and shall explain in writing
the reasons why the payment request is not proper.
8. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension
and other taxes imposed by local, State of California and federal law. These payments
are included in the total amounts in Exhibit"A."
9. Audit. The City or its representative shall have the option of inspecting and/or auditing all
records and other written materials used by Contractor in preparing its billings to the City
as a condition precedent to any payment to Contractor. Contractor will promptly furnish
documents requested by the City. Additionally, Contractor shall be subject to State
Auditor examination and audit at the request of the City or as part of any audit of the
City, for a period of three (3) years after final payment under this Agreement.
10. Unresolved Disputes. In the event that a dispute arises between the City and Contractor
regarding whether the conditions materially differ, involve hazardous waste, or cause a
decrease or increase in Contractor's cost of or time required for performance of any part
of the work, Contractor shall not be excused from any scheduled completion date
provided for by the Agreement, but shall proceed with all work to be performed under the
Agreement. Contractor shall retain any and all rights provided that pertain to the
resolution of disputes and protests between the parties. In the event of any dispute or
controversy with the City over any matter whatsoever, Contractor shall not cause any
delay or cessation in or of work, but shall proceed with the performance of the work in
dispute. This includes disputed time extension requests and prices for changes. The
disputed work will be categorized as an "unresolved dispute" and payment, if any, shall
be as later determined by mutual agreement or a court of law. Contractor shall keep
accurate, detailed records of all disputed work, claims and other disputed matters.
Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code
chapter 3.24 ("Claims Against the City") shall govern the procedures of the claim
process, and these provisions are incorporated herein by this reference.
11. Termination. This Agreement may be canceled by the City at any time with or without
cause without penalty upon thirty (30) days' written notice. In the event of termination
without fault of Contractor, City shall pay Contractor for all services satisfactorily
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rendered prior to date of termination, and such payment shall be in full satisfaction of all
services rendered hereunder.
12. Incorporation by Reference. All of the following documents are attached hereto and
incorporated herein by this reference: City of Rancho Palos Verdes Instructions for
Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes
Public Works Contract; Workers' Compensation Certificate of Insurance; Indemnification
and Hold Harmless Agreement and Waiver of Subrogation and Contribution; Additional
Insured Endorsement (Comprehensive General Liability); Additional Insured
Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess
Liability).
13.Antitrust Claims. Contractor offers and agrees to assign to the City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section
16700) of Part 2 of Division 7 of the California Business and Professions Code) arising
from purchases of goods, services, or materials pursuant to the Agreement. This
assignment shall be made and become effective at the time the City tenders final
payment to Contractor without further acknowledgment by the parties.
14. Trenching and Excavations. If the project involves trenching more than four (4) feet
deep, Contractor shall promptly and before the following conditions are disturbed notify
the City in writing of any: material that Contractor believes may be material that is
hazardous waste, as defined in California Health and Safety Code Section 25117, that is
required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with
provisions of existing law; subsurface or latent physical conditions at the site differing
from those indicated; or unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Agreement. The City shall promptly
investigate the conditions, and if the City finds that the conditions do materially differ or
do involve hazardous waste and cause a decrease or increase in Contractor's cost of or
the time required for performance of any part of the work, the City shall issue a change
order.
15. Utilities. The City acknowledges its responsibilities under Government Code section
4215 and incorporates that section herein by this reference.
16. Location of Existing Elements. The methods used and costs involved to locate existing
elements, points of connection and all construction methods are Contractor's sole
responsibility. Accuracy of information furnished, as to existing conditions, is not
guaranteed by the City. Contractor, at its sole expense, must make all investigations
necessary to determine locations of existing elements, which may include, without
limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing
specialized locating equipment and/or hand trenching.
17. Independent Contractor. Contractor is and shall at all times remain, as to the City, a
wholly independent contractor. Neither the City nor any of its agents shall have control
over the conduct of Contractor or any of the Contractor's employees, except as herein
set forth, and Contractor is free to dispose of all portions of its time and activities which it
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is not obligated to devote to the City in such a manner and to such persons, firms, or
corporations at the Contractor wishes except as expressly provided in this Agreement.
Contractor shall have no power to incur any debt, obligation, or liability on behalf of the
City, bind the City in any manner, or otherwise act on behalf of the City as an agent.
Contractor shall not, at any time or in any manner, represent that it or any of its agents,
servants or employees, are in any manner agents, servants or employees of City.
Contractor agrees to pay all required taxes on amounts paid to Contractor under this
Agreement, and to indemnify and hold the City harmless from any and all taxes,
assessments, penalties, and interest asserted against the City by reason of the
independent contractor relationship created by this Agreement. Contractor shall fully
comply with the workers' compensation law regarding Contractor and its employees.
Contractor further agrees to indemnify and hold the City harmless from any failure of
Contractor to comply with applicable workers' compensation laws. The City shall have
the right to offset against the amount of any compensation due to Contractor under this
Agreement any amount due to the City from Contractor as a result of its failure to
promptly pay to the City any reimbursement or indemnification arising under this Section.
18. Prevailing Wages. City and Contractor acknowledge that this project is a public work to
which prevailing wages apply. The Agreement to Comply with California Labor Law
Requirements is attached hereto and incorporated herein by this reference. Eight hours
of labor constitutes a legal day's work.
19. Workers' Compensation Insurance. California Labor Code Sections 1860 and 3700
provide that every contractor will be required to secure the payment of compensation to
its employees. In accordance with the provisions of California Labor Code Section 1861,
the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
under take self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performance of the work
of this contract."
20. Subcontracting. Contractor shall adhere to all provisions of the Subletting and
Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq., which is
incorporated herein by this reference.
21. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any
individual based on race, color, religion, nationality, gender, sex, sexual orientation, age
or condition of disability. Contractor understands and agrees that it is bound by and will
comply with the nondiscrimination mandates of all statutes and local ordinances and
regulations.
22. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred
throughout the duration of this Agreement. Contractor shall not perform work with
debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7.
23. Compliance with Laws. Contractor shall comply with all applicable federal, state and
local laws, ordinances, codes and regulations in force at the time Contractor performs
pursuant to this Agreement.
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24. Payment Bond. Contractor shall obtain a payment bond in an amount that is not less
than the total compensation amount of this Agreement, and nothing in this Agreement
shall be read to excuse this requirement. The required form entitled Payment Bond
(Labor and Materials) is attached hereto and incorporated herein by this reference.
25. Contractor's Representations. Contractor represents, covenants and agrees that: a)
Contractor is licensed, qualified, and capable of furnishing the labor, materials, and
expertise necessary to perform the services in accordance with the terms and conditions
set forth in this Agreement; b) there are no obligations, commitments, or impediments of
any kind that will limit or prevent its full performance under this Agreement; c) there is no
litigation pending against Contractor, and Contractor is not the subject of any criminal
investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor
nor its personnel have been convicted of a felony.
26. Conflicts of Interest. Contractor agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12) months after completion of the
work under this Agreement which is or may likely make Contractor "financially
interested," as provided in Government Code Section 1090 and 87100, in any decisions
made by City on any matter in connection with which Contractor has been retained
pursuant to this Agreement.
27. Third Party Claims. City shall have full authority to compromise or otherwise settle any
claim relating to the Agreement at any time. City shall timely notify Contractor of the
receipt of any third-party claim relating to the Agreement. City shall be entitled to recover
its reasonable costs incurred in providing this notice.
28. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in
this Agreement nor any part thereof, whether by assignment or novation, without the
City's prior written consent. Any purported assignment without written consent shall be
null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify the
City and its officers, officials, employees, agents and representatives with respect to any
claim, demand or action arising from or relating to any unauthorized assignment.
29.Applicable Law. The validity, interpretation, and performance of this Agreement shall be
controlled by and construed under the laws of the State of California, excluding
California's choice of law rules. Venue for any such action relating to this Agreement
shall be in the Los Angeles County Superior Court.
30. Attorneys' Fees. If any legal action or other proceeding, including action for declaratory
relief, is brought for the enforcement of this Agreement or because of an alleged dispute,
breach, default or misrepresentation in connection with this Agreement, the prevailing
party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other
costs, in addition to any other relief to which the party may be entitled.
31. Titles. The titles used in this Agreement are for convenience only and shall in no way
define, limit or describe the scope or intent of this Agreement or any part of it.
32.Authority. The person executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of
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Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
33. Entire Agreement. This Agreement, including any other documents incorporated herein
by specific reference, represents the entire and integrated agreement between City and
Contractor. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be modified or amended, nor
any provision or breach waived, except in a writing signed by both parties which
expressly refers to this Agreement.
34. Construction. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
35. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more
of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by the City
of any payment to Consultant constitute or be construed as a waiver by the City of any
breach of covenant, or any default which may then exist on the part of Consultant, and
the making of any such payment by the City shall in no way impair or prejudice any right
or remedy available to the City with regard to such breach or default.
36. Notice. Except as otherwise required by law, any notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed
received on (a) the day of delivery if delivered by hand or overnight courier service
during Contractor's or City's regular business hours or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses listed
below, or at such other address as one party may notify the other:
To CITY:
Mr. James B. Hendrickson, Interim Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONTRACTOR:
The address listed in Exhibit"A."
37. Counterparts. This Agreement may be executed in counterpart originals, duplicate
originals, or both, each of which is deemed to be an original for all purposes.
38. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and
year first above written.
CI • ' RANCH CLOS VERDES
By: 1 J,
Nce‘P "---------
ames B. Hendrickson,
terim Director of Public Works
Dated: � l� ROWS MAINTENANCE
("CONTRACTOR")
By: /41--a4,4;___ %i.'Dz✓cam`_
Printed Name: Ale, /}/Drrnf AZ
Title: A6_5,1:461-1-
By:
GS,1:4j2-1`By:
Printed Name:
Title:
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R6876-0001\1348971v1.doc Maintenance Agreement
Exhibit"A": Contractor's Proposal
•
Atiri16 12 08:48a Ron's Maintenance, Inc. 562-861-2418 p.2
CITY OF RANCHO PLAOS VERDES
MUNICIPAL,STORM DRAIN CATCH BASIN MAINTENANCE
BID FORM
Bidder Name and Address: erzQrt.c -�
"Ler
/ A- ,94„2e,
Bidder Phone and E-mail: L .a2-30,7 "'bets f,-4 -e/Lnee ,,40/,
Total bid price shall include all work as described on the attached Description of Services
including attachments. Generally the work is described as follows: t
Contractor shall inspect, clear and dispose of all debris, and perform any required minor repairs irs to
catch basins within the jurisdiction of the City of Rancho Palos Verdes (City) a minimum of one
time before October 1, 2012. In addition, Contractor shall perform one inspection of all catch
basins within the jurisdiction of the City during the months of November, January and April. During
these subsequent inspections Contractor shall immediately
clean any catch basins found to have a
blocked screened inlet, screened outlet, or be at least forty percent (40%)full of trash and debris.
Contractor shall provide and affix a"NO DUMPING"message to any catch basin without a legible
'NO DUMPING"message. Bid price for affixingof9
message shall be based on a per catch basin
cost.
Contractor shall provide documentation including photos depicting the before and after conditions
of all debris clearing,from the same vantage point.All photos shall be at least 4 megapixel(MP) in
quality, in (jpg) format.
q ty, peg All documentation shall be submitted as described in the attached
standards. Costs for providing documentation is assumed to be included in cleaning cost and no
further compensation will be made therefore.
Contractor shall provide traffic control per the attached standards and obtain necessary Cityand
Caltrans permits. Costs for traffic • •
control and City permitting is assumed to be included in cleaning
cost and no further compensation will be made therefore. Bid price for obtaining and adhering to
Caltrans permit and requirements shall be on a lump sum basis.
Bid prices shall be guaranteed for one year.
Bid Item 1 Unit Unit Price r Qty. I Extended Price
Catch Basin(no retrofit) ' ; ea , j•fi,o p 520 � v ,
Catch Basin (CPS unit) ea .`)a 68 •
Catch ._.. / eft d
Basin(filter unit) ea as 3.,,a 91
�`NoD �3.oa
Dumping"Message ea r o 3402.0WO. a
Caltrans Permit Is
1
By 1414A> 1/2 f-/ -fir TOTAL$ / /573 ed
Authorized Signature Date /
• 0
Exhibit"B": Catch Basin Cleaning Services for Rancho Palos Verdes
Description of Services
•
Catch Basin Cleaning Services for Rancho Palos Verdes
Description of Services
Scope
• Inspect and clean approximately 680 catch basins once prior to October 1st
,
2012. Legally dispose of waste. (CB Maps available);
• Inspect retrofitted catch basins up to three additional times over the wet season
and provide additional cleanings of some catch basins as requested by City staff;
• Approximately 91 of the catch basins are retro-fitted with filters. One of these is
also retrofitted with an ARS unit;
• Another 68 of the catch basins are retro-fitted with CPS screens;
• Provide "No Dumping" message where previous message is not legible (est. at 50%);
• Log activities and document waste using approved forms;
• Provide Traffic Control per standards below, subject to approval of City's traffic
engineer, including obtaining necessary City and Cal-Trans permits.
Terms and Conditions
• Cleaning per City Standards(attached)
• Stencil per City Standard (attached)
• sample log forms (attached)
• Prevailing wage work/ Payment Bond required
• Traffic Control Standards for:
o Residential streets (adhere to California MUTCD 2012)
o Collectors and Arterials (per City approved typical plan to be provided by
Contractor)
o Western Ave (if any, as required by Caltrans)
• RPV Encroachment Permit requirements (permit application attached)
• RPV Insurance Requirements (attached)
Submittals Required
• Prior to work
o Certificates of Insurance, Additional Insured endorsement
o Evidence of current City Business License
o Evidence of Workers Comp. Insurance
o Materials Specification and or Sample and any non-standard Graphic
Design for"No Dumping" message
o Typical Traffic Control Plan for Collectors and Arterials
o California Labor Law Compliance Statement(attached)
o Hold Harmless Agreement (attached)
o Stormwater BMP Statement(attached)
o W-9
• Prior to Payment
o Completed Cleaning Logs and Disposal Summaries
o Photos Documentation and Maps with Cleaning Dates
o Accurate Invoice
Exhibit"C": City of Rancho Palos Verdes Catch Basin Cleaning Standard
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City of Rancho Palos Verdes
CATCH BASIN CLEANING STANDARD
A. CLEANING SERVICES
Contractor shall inspect, clear all debris, and perform any required minor repairs to catch
basins within the jurisdiction of the City of Rancho Palos Verdes (City) a minimum of one
time between May 1 and October 1 of each year. In addition, Contractor shall perform
one inspection of all catch basins within the jurisdiction of the City during the months of
October, January and April. Contractor shall immediately clean any catch basin sumps
found to have a blocked screened inlets, screened outlet, or be at least forty percent
(40%) full of trash and debris. Contractor shall make minor repairs to any catch basin
trash screen or trash collection device that is damaged. Contractor shall report evidence
of rodents and/or vectors breeding/living in the storm drain system to the City's Director
of Public Works or designee (Engineer)within twenty-four(24) hours of discovery.
The Contractor shall clean out, i.e., remove trash and debris from within and around, the
catch basins identified on the Plans to the maintenance standards specified in Part B of
this Standard. Catch basin cleaning at a minimum consists of: general inspection of
catch basin condition; removal and replacement of catch basin manhole or grate;
atmospheric testing of basin; removal of all debris, trash and liquids from vault, filters,
grate, CPS screens, ARS units and the first 6 feet of connector pipes; marking of the
cleaning date; legal disposal of trash and debris; and documentation, as described
below.
The Contractor's attention is directed to the fact that the quantities of each of the various
construction types of catch basins are unknown. Reference should be made to the
Standard Plans for a description of the various types of catch basins that are included in
this Contract. The Contractor shall also be aware of the fact that the depth and width of
the basins may vary from that shown on the Standard Plans.
1. Inspection of Catch Basins by the Contractor
The Contractor shall inspect each catch basin for unsound conditions such as but
not limited to: a) exterior damage, b) bent or missing protection bars, c)
damaged manholes or grating, d) damaged face plate, e) other physical
damages, f) cemented materials that have been dumped on or into the basin,
and cannot be removed by normal cleanout operations, g) catch basins requiring
safety bars per Standard Plan 310 and h) legibility of stenciled no dumping
message. Catch basins with unsound conditions, or conditions preventing the
safe and complete cleaning of the basin, shall be photographed prior to cleaning.
Photo documentation of unsound conditions shall be submitted to the Engineer
with other photos as detailed in Section A.7) "REPORTING" below. Any
subsequently disclosed damage to a catch basin not previously reported by the
Contractor will be assumed to be the result of the Contractor's cleanout
operations and shall be corrected at the Contractor's sole expense. Contractor
shall report evidence of rodents and/or vectors breeding/living in the storm drain
system to the City within twenty-four(24) hours of discovery.
2. Removal and Replacement of Catch Basin Manhole Covers and Gratings
The Contractor shall remove and replace the catch basin manhole cover or
grating of each catch basin. Screws or bolts that cannot be reused shall be
replaced with new ones meeting the requirements specified in the applicable
Standard Plans at no additional cost to the City. On Rural Catch Basins
• 0
(Standard Plan 3015), each missing manhole cover bolt shall be replaced with a
3/8" x 1-1/4" brass bolt with 9/16" hexagon head.
The Contractor's attention is directed to the possibility that the catch basin cover
screws may be frozen. It shall be the Contractor's responsibility to remove these
frozen cover screws. If during their removal the catch basin covers or screws
should become damaged, it shall be the Contractor's responsibility to replace
them in accordance with the applicable Standard Plan and to redrill and thread
new holes, if necessary, at no additional cost to the City. If heat is used to
facilitate removal of frozen cover screws, the screws must be checked the
following workday to verify that they have not refrozen.
The Contractor's attention is directed to the fact that a single grating weighs more
than 200 pounds.
Before leaving a catch basin, the Contractor shall thoroughly clean all debris from
the manhole frame and cover and/or grating frame and grating. When replacing
the catch basin covers, the Contractor shall grease all catch basin cover screws
with a high temperature thread lubricant and seal grease (Jet-Lube by Koper-
Kote or equivalent)and shall furnish and replace any missing screws.
3. Testing for Safe Atmospheric Conditions
As required by CAL-OSHA, the Contractor shall continuously test for safe
atmosphere conditions in each catch basin. Testing shall be done immediately
prior to removing the manhole cover or grating as applicable and continuously
thereafter while anyone is working in the basin. Testing shall verify that safe
atmosphere conditions exist in the catch basin. Gas meters shall test for oxygen
deficiency or enrichment, flammable gases, hydrogen sulfide, and carbon
monoxide. The Contractor shall test the atmosphere of the catch basins using a
gas meter that tests for all four gases simultaneously. Instruments shall be
"bump checked" at the start of each day to verify calibration.
The testing instruments are available from:
J.G. Tucker& Son
600 A Terrace Drive
San Dimas, CA 91773
(800)441-4307
Fisher Scientific
(800) 772-6733
Lab Safety Supply
(800) 356-0783
If unsafe readings are indicated, the Contractor shall use a blower to provide
continuous ventilation of the catch basin. Entry shall not be made until readings
show no hazardous atmospheric conditions exist.
4. Cleanout and Minor Maintenance
The Contractor shall clean out the catch basins to the maintenance standards
specified in Part B of this Standard. The Contractor shall also perform minor
maintenance as required. Minor Maintenance as used within this specification
shall mean adjustments to the ARS unit to allow for proper operation. Minor
Maintenance shall include repairs to the CPS screen or Filter units that may
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result during the cleaning of the catch basin. Minor Maintenance does not include
the replacement of bent or damaged parts caused by vandalism or accident. If
the work required to restore the ARS to proper operation exceeds minor
maintenance the Contractor shall inform the Engineer by noting it in the logs.
5. Cleanout Year Marking
Upon the satisfactory cleanout of each catch basin, the Contractor shall mark
(stencil) the appropriate year ("12" for 2012, "13" for 2013) with blue paint in 3
inch high letters on the back wall at the downstream end of the catch basin. All
existing stencils shall be covered neatly with grey paint prior to stenciling the
current year. On grate-type catch basins, the stencil shall be placed on the wall
perpendicular to the longitudinal axis of the grating. Stencil is to be plainly visible
from the street surface and placed a minimum of 12 inches and a maximum of 24
inches below the top of the catch basin.
6. Disposal
The Contractor shall remove and legally dispose of all trash, debris, waste and
liquid generated by the catch basin cleaning work as specified herein
a) Method of Removal
All debris and trash required to be removed from the catch basins shall be
removed in a manner to be determined by the Contractor. However, the method
to be used shall be such that trash and debris collected from within Rancho
Palos Verdes shall not be commingled with trash and debris collected from
another jurisdiction prior to it being quantified. The Contractor shall not allow any
trash or debris to enter the connector pipe or main line as a result of the cleanout
operations.
b) Debris Disposal
Prior to the start of the Work, the Contractor shall identify his intended disposal
sites. All debris and trash removed under this Contract shall become the
property of the Contractor and shall be legally disposed of by him away from the
catch basin sites. The Contractor is responsible for proper disposal of the debris
and trash, including obtaining approvals from all jurisdictional agencies, as
applicable. The Contractor shall be responsible for removing any dead animal
from inside a catch basin. The Contractor shall also be solely responsible for
contacting and coordinating with Animal Care and Control for prompt pick up. No
dead animal shall be left for pick up. Animal Care and Control services are
provided to the City by:
Los Angeles County
Animal Care and Control
Carson Shelter
216 W. Victoria Street
Carson, CA 90248
(310) 523-9566
Vehicles used by the Contractor to transport debris to approved dump sites shall
be so equipped that spillage of liquids or solids does not occur. Covering of the
load shall be required to prevent the debris from being blown off the transport
vehicle. Vehicles and personnel operating these vehicles that do not comply with
this requirement may be ordered removed from the Project and shall not be
utilized again.
0 •
c) Quantities of Work
The Contractor shall note that some of the catch basins shown on the Plans are
not a part of this Contract. Only catch basins designated with maintenance
responsibility belonging to RPV as depicted on the Plans or others as directed in
the field by the Engineer are a part of this Contract.
The Contractor's attention is directed to the fact that the quantity of debris located
within each catch basin is unknown and, therefore, should be taken into
consideration when preparing the Bid.
7. Reporting
a) Measurement
The Contractor shall record the nominal length, depth and width of the catch
basin. The Contractor shall measure the trash and debris collected from the City
prior to co-mingling with trash and debris from other jurisdictions. Volume shall
be estimated as the percentage of the basin that is full. Weight shall be
measured using a scale accurate to within +/- 1% of applied load. The
Contractor shall furnish any tape measure, scales and containers to be used by
the Contractor. Scales with platforms shall have a platform area of sufficient size
to accommodate the trash and debris to be weighed. Replacement scales and
containers shall be readily available to the Contractor should replacements be
needed.
In the event that a load of trash and debris from the City are comingled prior to
delivery to the disposal facility (after measurement), the Contractor shall report to
the disposal facility as accurately as practical, the percentage of the load
attributed to the City.
b) Documentation
i) Disposal Summary. The Contractor shall furnish a Disposal
Summary to the Engineer whenever a disposal to a legal facility is made. The
Disposal Summary shall list for each disposal load, the disposal date, disposal
location, and disposal amount (by weight) of debris disposed. This information
shall be recorded on forms provided by the Contractor and approved by the City.
The Contractor shall attach to the Disposal Summary the originals or copies of all
load tickets. Final payment will not be made until all Disposal Summary forms
are submitted.
ii) Cleaning Log. The Contractor shall submit to the Engineer at the end
of each cleaning cycle, a log of catch basins inspected and cleaned using the
catch basin ID number as depicted on the Plans. The Cleaning Log shall contain
a record, by catch basin, of the date, volume (as a percentage), and type of trash
and debris collected, whether the basin was stenciled and notes on catch basin
condition. This information shall be recorded on pre-approved forms provided by
the Contractor. Forms shall be filled out completely.
iii) Cleaning Date Map. During each cleaning cycle, the Contractor shall
record the date of cleaning on the Plans adjacent to the appropriate catch basin.
Prior to payment for a given cycle, the Contractor shall submit to the Engineer a
copy of the Plans so marked.
0 •
iv) Photographs. The Contractor shall also submit photo documentation
of all cleaned catch basins. Photo documentation of catch basins cleaned during
the week shall be submitted to the Engineer on a DVD or USB 2.0 compatible
data storage device at the end of the cleaning cycle. Documentation shall include
photos taken immediately prior to and just after cleaning and detailed photos of
unsound conditions. Picture files shall be in JPEG format and named with their
respective Catch Basin Number (in SS-CB format) as shown on the Plans.
Picture files shall be organized in folders primarily by location map and
secondarily by date that the catch basin was cleaned.
B. MAINTENANCE CONDITIONS AND MAINTENANCE STANDARDS
Listed below are deficiencies in maintenance conditions and their corresponding
maintenance standards which shall apply to this Contract. The cleanout of each
catch basin shall meet the maintenance standards listed below.
Description of Description of
Maintenance Condition Deficiency Maintenance Standard
Trash and debris located No trash and debris located
immediately in front of curb opening immediately in front of catch
or side opening of catch basin, and basin opening, and on top or
on top or between metal grates of between metal grates.
grated catch basin.
Vegetation growing across and/or No vegetation blocking catch
blocking the basin opening. basin opening
Trash and debris in the basin. No trash and debris within the
catch basin.
Trash and debris in the connector No trash and debris in
pipe opening, upstream or connector pipe opening and/or
downstream. in the connector pipe for a
distance of 6 feet from the
opening.
Trash and debris inside the filtration No trash and debris inside the
basket or inside metal screens of filtration basket or on metal
catch basins retrofitted with filtration screens of catch basins
baskets or metal screens. retrofitted with baskets or metal
screens
Trash and Debris on cps (connector No trash and debris on cps
pipe screens) (connector pipe screens)
Trash and debris shall include, but is not limited to sediment, mud, vegetation,
and garbage. Dead animals shall be removed from the catch basin by the
Contractor.
Upon completion of a cleanout operation at a catch basin and before leaving it,
the Contractor shall sweep and clean the top surface of the catch basin and the
area 2 feet around the basin, and shall remove any trash and debris resulting
from the cleanout operations. No debris is to be left at a catch basin for
future pick-up.
Failure to comply with the above requirements will constitute noncompliance with
the Specifications and result in suspension of payment.
0 40
CATCH BASIN "NO DUMPING" MESSAGE STANDARD
City of Rancho Palos Verdes
R=15 mm (1/2") --\,.
White top toyer .S ,0111111.11.11DUMp A,
(:),••••%-ve)
%,)- . .
T• j(,,,,,) 0
.., X111
1I M
,„
(1)
COli:. &
out top layer 4411.2214S
to blue under foyer
1.1.611 305 t121 -
Dimensions are in millimeters,except as noted
NOTES:
1. "No Dumping"message shall be affixed to the P.C.C.catch basin cover. Before application, prepare P.C.C.surfaces
with a primer sealer. If the cover is buried or otherwise cannot be exposed, Contractor shall propose an alternate
location for Engineer's approval.
2. Message shall be affixed using either paint or thermoplastic stencil. Existing illegible message shall be removed or
painted over such that only one message is affixed to the catch basin.
3. Stencil material shall be two-layer resilient thermoplastic with 30%graded glass beads, 3.15 mm(125 mils)total
thickness with beveled edges. Material shall be AASHTO designated M249-79(86),except that material shall be pre-
formed. Acceptable products shall be PreMark®Pavement Markings by Flint Trading Inc.,(115 Todd Court,
Thomasville, NC 27360;(336)-475-6600;www.flinttrading.com),or approved equal. Stencils shall be affixed using a
propane torch, per manufacturer's recommendations.
4. If paint is selected,the message shall be affixed using blue paint designed for outdoor use on concrete surfaces and
applied per the manufacturer's recommendations.The message shall be applied over a white painted background. The
PCC surface shall be prepared per paint manufacturer's recommendations. The work shall be in conformance with
requirements for curb markings in Sections 210 and 310 of the Standard Specifications.
5. The design layout of the message and paint colors shall be as shown. Graphic designs other than that shown above
are subject to approval. Contractor shall submit a sample of the stencil to be used to the Engineer for approval no less
than 5 working days prior to affixing any message. Submit full sized drawings and material samples to the Director of
Public Works for approval before application.
Exhibit"D": Addenda
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No.or description:
FY 2012-13 Catch Basin Cleaning Services
Indemnitor(s) (list all names):
The Contractor shall indemnify, defend, and hold harmless the City, and its officers, employees,
volunteers, and agents ("City Indemnitees"), from and against any and all causes of action,
claims, liabilities, losses, expenses, obligations, judgments, or damages, including reasonable
attorneys'fees and costs of litigation("claims"),arising out of the Contractor's performance of its
obligations under this agreement or out of the operations conducted by Contractor, including the
active or passive negligence of any or all of the City Indemnitees,except for such loss or damage
arising from the sole negligence or willful misconduct of the City Indemnitees. In the event the
City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising
from Contractor's performance of this agreement the Contractor shall provide a defense to the
City Indemnitees or at the City's option reimburse the City Indemnitees their costs of defense,
including reasonable attorneys' fees, incurred in defense of such claims. Such obligation shall not
be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity
which would otherwise exist as to any party or person indemnified in this section on indemnity.
Contractor's obligation to indemnify the City Indemnitees shall not be restricted to insurance
proceeds.
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 Name
By: /4'e5/ 1/-€4 By:
Its Its
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 for the work identified as FY 2012-13 Catch Basin
Cleaning Services:
I. Contractor acknowledges that this work 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 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.
4. 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.
5. 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 work 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 1,Article 3 of the California Labor Code.
6. 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:
"1 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."
Date � /�/ /2-- Signature.
z .
*Executed in Duplicate Originals
Bond No. 1000934395
PAYMENT BOND $788.00 per annum
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to
Ron's Maintenance, Inc., 11542 Horley Avenue Downey, CA 90241
(Name and address of Conbctor)
("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work
described as follows:
Catch Basin Cleaning FY 2012-13
WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to file a good
and sufficient payment bond with the Public Agency to secure the payment of claims of laborers,mechanics,
material persons, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal, and
American Contractors Indemnity Company,601 S Figueroa Street 16th Floor Los Angeles,CA 90017
(Name and address of Surefy)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety,are held and
firmly bound unto the Public Agency and all subcontractors, laborers,material persons,and other persons
employed in the performance of the Contract in the penal sum of
Twenty Six Thousand Two Hundred Seventy Four and 00/100
Dollars($ 26,274.00 ) (the "Penal Sum"), this amount being not less than one
hundred percent(100%)of the total Contract price,in lawful money of the United States of America,for the
payment of which sum well and truly to be made,we bind ourselves, our heirs, executors, administrators,
successors, and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its
heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the
persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance
Code,with respect to work or labor performed under the Contract, the Surety will pay for the same in an
amount not exceeding the Penal Sum specified in this bond;otherwise,this obligation shall become null and
void.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code
so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case
suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and
reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in
successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modification to the terms of the Contract,or of the work to be performed there under,
111
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change,extension of time, alteration,addition, or modification to the terms of the
Contract or to the work or to the specifications there under. Surety hereby waives the provisions of
California Civil Code sections 2845 and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Principal and Surety,on the date set
forth below, the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s)pursuant to authority of its governing body.
Dated: 9/5/2012
"Principal" "Surety
Ron's Maintenance, Inc. American Contractors Indemnity Company
ByF("1"> su
Its Its Attorney-in-Fact
By: By:
Its Its
(Seal) (Seal)
APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM:
AMOUNT
RICHARDS,WATSON &GERSHON
A Professional Corporation
By: By:
Insurance Administrator Public Agency Attorney
Note: This bond must be executed in duplicate and dated,al/signatures must be notarized,and evidence of the authority of any person
signing as attorney-in-fact must be attached.
ACKNOWLEDGMENT
State of California
County of Los Angeles �
On 7A- � before me, Sornchai Chansila, Notary Public
(insert name and title of the officer)
personally appeared Chih-Bin Hsu
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/ace
subscribed to the within instrument and acknowledged to me that he/sbelthey executed the same in
his/beFitheif authorized capacity(ies), and that by his/#er-it#eif 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.
SORNCHJU CHANSILA
WITNESS my hand and official seal. si-;' ;,,.,`; Commission s 1867665 =
Notary Public California- �
Los Angeles County
M Comm.E re Oct 9,2013
Signature ��.— (Seal)
a • 0
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas
Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland
corporation and U.S. Specialty Insurance Company, a Texas corporation(collectively,the"Companies"),do by these presents make,
constitute and appoint:
Frank Mester,Porntip Tah Carazza,Michael Chalekson,Kathy Ho,Paul Solomon,Chih-Bin Hsu
or Adam Feinberg of Los Angeles,California
its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is named above,with full power and authority
hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond
*******ThreeMillion******* *** ***
penalty does not exceed Dollars ($ 3,000,000.00 ).
This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability
thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
3rd day of October,2011.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
Corporate Seals4 , _.
ciii- 4.-E.,Stito.,N
/07---"-S74..
(11"entill2‘qtr.24,Iwo i:-4---
K.
4 ';�' -At) Daniel P.Aguilar,Vice President
g
4 4 f,s,:7 A -,,,,, , T
State of California(s\.,
06r00 , " - '
County of Los Angeles SS:
On this 3`d day of October,2011,before me, Deborah Reese,a notary public,personally appeared Daniel P.Aguilar,Vice President of
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the
_- -person(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.
rdbilhemilba"""616"dia"hahaml... MORAN REM
Com•1228048
Signature F Seal :0112!,!
'`
idd
My fes.Er:mss'try t�
I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power
of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,
set out in the Power of Attorney are in full force and effect.
In WitnewWhreoJ, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 5 day
of _,:?', e-ili.5:.), ' , Ze'-Z.1 •
/.1\ *
Corporate Seals Aft SEAL . if.s„,
w. ), (
AS' '''.; \ \V '4:,/ / n, 0,
' IA 1,--Q-k
_ ,--- ..g. .,,
Bond No. AW 5?���S •,,,,,.,
-- Jeannie Lee, • sistant Secretary
Agency No. 9012