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Ron's Maintenance Inc (2013) . . , 0 11 CITY OF RANCHO PALOS VERDES MAINTENANCE AGREEMENT THIS AGREEMENT ("Agreement") is made and entered this 4th day of November, 2013, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Ron's Maintenance, Inc ("Contractor"). In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as Municipal Storm Drain Catch Basin Maintenance ("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 November 4, 2013, 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, 2014, unless sooner terminated pursuant to Section 11 of this Agreement. 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 • 110 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 five thousand dollars ($25,000) in accordance with the unit prices as submitted in Exhibit "A." 7. Payments. Contractor shall submit monthly invoices for the percentage of work completed in the previous month. City agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice. City agrees to use its best efforts to notify Contractor of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, City's failure to timely notify Contractor of a disputed amount or claimed completion percentage shall not be deemed a waiver of City's right to challenge such amount or percentage. Additionally, in the event City fails to pay any undisputed amounts due Contractor within forty-five (45) days after invoices are received by City, then City agrees that Contractor shall have the right to consider said default a total breach of this Agreement and be terminated by Contractor without liability to Contractor upon ten (10) working days advance written notice. 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 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. Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City") shall govern the procedures of the claim process, and these provisions are incorporated herein by this reference. 11. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. 12. Indemnity. a. Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, Page 2 of 7 R6876-0001\1348971 v1.doc Maintenance Agreement 0 0 death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses,judgments, fines, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of or incident to the performance of the Agreement, including without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). Further, Contractor shall appoint competent defense counsel approved by the City Attorney at Contractor's own cost, expense and risk, to defend any and all such Claims that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such Claim. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable. b. Civil Code Exception. Nothing in Section 12(b) shall be construed to encompass Indemnitees' sole negligence or willful misconduct or the City's active negligence to the limited extent that the underlying Agreement is subject to Civil Code section 2782. c. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. d. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor. e. Survival. The provisions of this Section 12 shall survive the termination of this Agreement and are in addition to any other rights or remedies that 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 a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 13. 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; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). Page 3 of 7 R6876-0001\1348971 v1.doc Maintenance Agreement • 0 14. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 15. 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. 16. 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." 17. 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. 18. 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. Page 4 of 7 R6876-0001\1348971 v1.doc Maintenance Agreement 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26.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. 27.Authority,. The person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. Page 5of7 R6876-0001\1348971 v1.doc Maintenance Agreement 0 110 28. 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. 29. 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. 30. 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. 31. 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. Les M. Jones, II, 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." 32. 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. 33. 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. Page 6 of 7 R6876-0001\1348971 v1.doc Maintenance Agreement • IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITY OF RANCHO PALOS VERDES By: edLA,640( ate_44.._/ Carolyn Lehr, City Manager Dated: //'" �r l3 //;014%Iiim44“. //Lc- (" ONTRACTOR") By: �e Printed Name: A '*"t't /Vd/ Z4Z Title: 7L.tiCe4/2e.02 By: Printed Name: Title: ATTEST: By: a/A-C12/141f-gale-- City Clerk Page 7 of 7 R6876-000111348971v1.doc Maintenance Agreement . • 0 Exhibit"A": Contractor's Proposal . Oct 2413 02:27p Ronnie Nor 8612418 p.2 CITY OF RANCHO PLAOS VERDES MUNICIPAL STORM DRAIN CATCH BASIN MAINTENANCE BID FORM Bidder Name and Address. 6 nsv 4/"t7PZ //59; Ho cie ilv'- rf Bidder Phone and E-mail: r2- 4' rztMier141tc ed( 66) The undersigned hereby agrees to enter into a contract to furnish all labor, materials, equipment and supplies for the project identified as MUNICIPAL STORM DRAIN CATCH BASIN MAINTENANCE in accordance with the terms and specifications described herein, including referenced attachments. Total bid price shall include all work as described herein, and on the attached Description of Services, including attachments. Bid unit cost prices shall be guaranteed for the duration of the contract. Generally the work is described as follows: 1) Contractor shall inspect, clear and dispose of all debris, and perform any required minor repairs to catch basins within the jurisdiction of the City of Rancho Palos Verdes (City). The WORK shall be completed prior to November 15, 2013. In addition, Contractor shall be available to clean catch basins at the bid price at other times during the rainy season as directed by the City and at a mutually agreeable time. Bid price for cleaning shall be on a per catch basin cost basis for two types of catch basins: retrofitted and un-retrofitted. Legal disposal of all debris shall be included in the unit cost for catch basin cleaning. The City may provide space at its maintenance yard for the Contractor to store a roll-off bin. Any bin used in the City must be provided and transported by one of the City's approved trash haulers. A list of the currently approved haulers is included in this package. 2) Contractor shall provide and affix a "NO DUMPING" message to any catch basin without a legible"NO DUMPING" message. Bid price for affixing of message shall be based on a per catch basin cost. 3) Contractor shall provide documentation of catch basins cleaned on a form provided by the City, a copy of which is attached. Contractor shall provide all load tickets for disposal of debris so that the City can calculate the total weight of debris removed from the catch basins. Costs for providing documentation is assumed to be included in cleaning cost and no further compensation will be made therefore. 4) Contractor shall provide traffic control per the attached standards and obtain a no-fee City Encroachment Permit. Bid price for obtaining the Encroachment Permit, including submission of a traffic control plan for City review, and implementing traffic control for all mobilizations in the year shall be paid on a lump sum basis, once per annum. Bid price for obtaining and adhering any additional permits or licenses is assumed to be included in this line item and no further compensation will be made therefore. Page 1of2 • Oct 24 13 02:27p Ronnie Nor612418 p.3 MUNICIPAL STORM DRAIN CATCH BASIN MAINTENANCE BID FORM BASE BID SCHEDULE # Bid Item Unit Unit Price Qty. Extended Price 1 Catch Basin (no retrofit) ea ig,d 520 G��D!� v 0 2 Catch Basin (retrofit) ea 21 s•O v 160 D 3 "No Dumping" Message I ea rfO v 100 /1/Z"'O, D 0 4 Encroachment Permit 8 ' Is I Traffic Control , t 4 _ _ _ ..- BASE BID TOTAL$ /ii, / '‘ , 6-)� _ BASE BID TOTAL AMOUNT(IN WORDS) F,7,4,,,, ,k-I. _ I / / (1.-- W.-e_ held1,—gt..•.:e - ..,..': _, _ , I-... . __ By � 1p� � .V-e2v/3 Authorized Signature Date Page 2 of 2 0 0 Exhibit"B": Catch Basin Cleaning Services for Rancho Palos Verdes Description of Services 410 0 . Catch Basin Cleaning Services for Rancho Palos Verdes Description of Services Scope • Inspect and clean approximately 680 catch basins once prior to November 15th, 2013. Legally dispose of waste. (Maps of catch basin locations available); • Provide additional cleanings of some catch basins as requested by City staff in subsequent months; • 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; • 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 in amount of base bid • Traffic Control Standards for: o Residential streets (adhere to California MUTCD 2012) o Collectors and Arterials (per City approved plan for each site to be provided by Contractor). Collectors and Arterials include Hawthorne Blvd., Granvia Altamira, Crest Road, Palos Verdes Drive West, Palos Verdes Drive South, Palos Verdes Drive East, Miraleste Drive, Crenshaw Blvd, Silver Spur Road, Montemalaga Drive & Highridge Road. o Western Ave (if any, as required by Caltrans) • RPV Encroachment Permit requirements (permit application attached, fee waived) • 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 Payment Bond in amount of base bid o Materials Specification for "No Dumping" message o Obtain City Encroachment Permit o Traffic Control Plan to be approved by City o Executed California Labor Law Compliance Statement(attached) o Completed IRS Form W-9 • Prior to Payment o Completed Cleaning Logs and Disposal Summaries o Accurate Invoice Exhibit"C": City of Rancho Palos Verdes Catch Basin Cleaning Standard • 0 . 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 • • (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 0 • , 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`)/0 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. • • 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 , Exhibit"D": Addenda • • 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) • INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES PUBLIC WORKS CONTRACTS 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 general liability insurance with an insurance company admitted to write insurance in California, or carriers 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, with minimum limits of One Million Dollars ($1,000,000.00) combined single limit coverage with an aggregate of Two Million Dollars($2,000,000.00) against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2)automotive liability insurance with a minimum combined single limits coverage of One Million Dollars ($1,000,000.00) with an aggregate of Two Million Dollars ($2,000,000.00); and (3) worker's compensation insurance as required by law. The Contractor shall at all times during the term of this contract cavy, maintain and keep in full force and effect a policy or policies of Workers' Compensation insurance and shall provide to the City evidence of such coverage in the form set forth herein. The City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy (ies) as to comprehensive general liability, automotive liability, and worker's compensation coverages. 1. 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. 2. 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. 3. The Contractor shall submit to the City (1) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (2) insurance policy endorsements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement,"copies of which are attached hereto. 4. Upon the request of the Director of Public Works, or his authorized representative, the Contractor shall provide written notice to the Director of Public Works indicating all litigation and claims (past, current, or anticipated) between the Contractor and any claimants that may affect the aggregate insurance coverage. • Workers' Compensation Certificate of Insurance WHEREAS, the City of Rancho Palos Verdes has required certain insurance to be provided by: NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insured and that the same are in force at this time: 1. This certificate is issued to: City of Rancho Palos Verdes City Hall 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 2. The insured under such policy or policies are: 3. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insured as follows: Policy Number Effective Date Expiration Date 4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits of liability,unless and until thirty days'written notice thereof has been served upon the City Clerk of the City of Rancho Palos Verdes By: Its Authorized Representative • 0 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured("Named Insured': Name and address of Insurance Company("Company"): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials,officers,attorneys,agents,employees,and volunteers are additional insured(the above named additional insured are hereafter referred to as the"Additional Insured")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverage afforded the Additional Insured under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms, conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insured. 6. The policy to which this endorsement is attached shall not be subject to cancellation,change in coverage, reduction of limits(except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty(30)days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insured, while acting within the scope of their duties,from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insured. 0 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City of Rancho Palos Verdes 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH 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 coverage. Includes: o Contractual Liability o Explosion Hazard o Owners/LandlordslTenants o Collapse Hazard o Manufacturers/Contractors o Underground Property Damage ❑ Products/Completed Operations ❑ Pollution Liability ❑ Broad Form Property Damage ❑ Liquor Liability o Extended Bodily Injury a ❑ Broad Form Comprehensive ❑ 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❑ per occurrence (check one). 13. This is an o occurrence or Cl claims made policy(check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20_ Signature of Authorized Representative (Original signature only;no facsimile signature Telephone No.: ( ) or initialed signature accepted) 0 0 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured("Named Insured"): Name and address of Insurance Company("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional insured(the above named additional insured are hereafter referred to as the"Additional Insured")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverage afforded the Additional Insured under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims,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 Insured. 6. The policy to which this endorsement is attached shall not be subject to cancellation,change in coverage, reduction of limits(except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty(30)days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insured, while acting within the scope of their duties,from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insured. 0 0 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 coverage. Includes: Any Automobiles 1 Truckers Coverage 1 All Owned Automobiles i Motor Carrier Act i N• on-owned Automobiles 1 B• us Regulatory Reform Act 1 H• ired Automobiles i P• ublic Livery Coverage I Scheduled Automobiles I I Garage Coverage 12. A o deductible or o self-insured retention (check one) of$ alsb all coverage(s)except:_(if none, so state). The deductible is applicable G per claim or G per occurrence (check one). 13. This is an o occurrence ora claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only;no facsimile signature Telephone No.: ( ) or initialed signature accepted) 0 11111 . , ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured("Named Insured"): Name and address of Insurance Company("Company"): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials,officers,attorneys,agents,employees,and volunteers are additional insured(the above named additional insured are hereafter referred to as the"Additional Insured")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverage afforded the Additional Insured under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e.,in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms, conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insured. 6. The policy to which this endorsement is attached shall not be subject to cancellation,change in coverage, reduction of limits(except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty(30)days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insured,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insured. SPCO6-62 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 o Following Form o Umbrella Liability O 11. Applicable underlying coverage: INSURANCE COMPANY POLICY NO. AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverage: 13. A 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 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) SPC06-62 Npv 0713 08:46a Ronnie Norm 11612418 p.2 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference,is a"public work"as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720)of the California Labor Code(Chapter 1"), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b)the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Contractor shall perform all work on the project as a public work Contractor shall comply with and be bound by all the terms, rules and regulations described in a 1 and 1(b) as though set forth in full herein. { } 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification,or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages,and Contractor shall post such rates at each job site covered by this Agreement. 9 4. Contractor shall comply with and be bound p Y c.nd 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. 5. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776,which requires Contractor and each subcontractor to(1)keep accurate payroll records and verify such records in writing under penalty of perjury,as specified in Section 1776,(2) certify and make such payroll records available far inspection as provided by Section 1776,and(3)inform the City of the location of the records. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerningthe employment of apprentices � ern P Y 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 concluding work pursuant to this Agreement,Contractor and each of its subcontractorsy shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 7. Contractor acknowledges that eight(8) hours� g labo r constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerningpenalties for p y who work excess hours. The Contractor shall, as a penalty to o workers p y the City, forfeit twenty-five dollars ($25)for each worker employed in the performance of this Agreement by the Contractor byor any subcontractor for each calendar day during which such worker is required orpermitted to w � oris more than eight (8) hours in any one (1)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 8 hourser compensation day,and 40 hours during any one week shall be permitted upon public work uponp for all hours worked in excess of 8 hours per day at not less than 1112 times the basic rate ofy a . P SPCOf-62 Appendix 1I-2 Nov 0713 08:46a Ronnie Norrro •612418 p.3 8. California Labor Code Sections 1860 and 3700 provide that every contractor wilt be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract" 9. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700,and Contractor shall include in the written contract between it and each subcontractor a copy of those statutoryrequirement provisions and a that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and 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 haat or rectifyanyfailure. 10. To the maximum extent permitted P # by law,Contractor shall indemnify, hold harmless and defend(at Contractor's expense with counsel reasonably acceptable to the City)the City, its officials, officers, employees, agents and independent contractors serving in the role of Cit officials,and volunteers from and against any demand or claim for damages,compensation,fines, P es, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with he Agreement,including without limitation the payment of all consequential damages,attorneys'fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. Date: f —� Signature 1: Signature 2: SPC O6-62 Appendix 11-2 ICI; • 0 Bond No. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: 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 (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 and all subcontractors,laborers, material persons,and other persons employed in the performance of the Contract in the penal sum of Dollars ($ ) (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 CMI 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, R6876-000111400531v2.doc 4110 0 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: "Principal" "Surety" By: By: Its Its 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,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. R6876-0001\1400531v2.doc