CC SR 20170815 H - Graffitti Protective Coatings Agreement extentionRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 08/15/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action to approve the second amendment to the agreement
between the City of Rancho Palos Verdes and Graffiti Protective Coatings, Inc. for
graffiti abatement services.
RECOMMENDED COUNCIL ACTION:
(1) Approve the Second Amendment to the current Agreement; and,
(2) Authorize the Mayor and City Clerk to execute the agreement with Graffiti
Protective Coatings, Inc. for graffiti abatement services and extend the term of
the agreement to June 30, 2018.
FISCAL IMPACT: This work is included in the proposed FY17-18 municipal budget.
Amount Budgeted:
Additional Appropriation:
Account Number(s):
ORIGINATED BY:
Sean Larvenz,
REVIEWED BY:
Terry Rodrigue
APPROVED BY:
Doug Willmore,
$75,000
N/A
101-400-3140-5201, `V°
Maintenance Superintendent�`�;
PE, Interim Director of Public Works
City Manager;`' .,-
ATTACHED SUPPORTING DOCUMENTS:
A. Agreement for Graffiti Protective Coatings, Inc. (page A-1)
B. Second Amendment to Agreement (page B-1)
C. Graffiti Protective Coatings, Inc Proposal (page C-1)
BACKGROUND AND DISCUSSION:
This agreement is the second amendment ("Second Amendment") to the Public Works
Maintenance agreement between the City of Rancho Palos Verdes ("City") and Graffiti
Protective Coatings, Inc. ("Contractor"), dated August 18, 2015 ("Agreement"). This
Second Amendment, which is effective August 15, 2017, will extend the term for one
year. There are five extensions available and Staff recommends this first extension.
The executed contract value for the base year of this agreement was $72,000, with an
annual not -to -exceed amount of $72,000. The potential contract value is $360,000 if all
five, one year options are exercised at the current annual not -to -exceed amount of
$72,000. The Contractor has proposed to exercise the second option year with no
increase to the current rate.
1
Staff evaluated the quality of service provided by Graffiti Protective Coatings, Inc.
and found it to be excellent. In addition, the company has demonstrated a
willingness to immediately address any noted deficiencies in service, and is flexible
in addressing the City's needs. Staff recommends approval of the Second
Amendment to the Agreement with Graffiti Protective Coatings, Inc., which will
extend the term for one year, until June 30, 2018. The proposed FY17-18 budget
provides adequate funding for the recommendation. The funding source for the
contract is Building and Maintenance Services.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Allow the contract to expire at the end of the Agreement period on June
30, 2017, and re -bid the work. Adopting this alternative may likely result in
an interruption of service, increased costs and the loss of the Contractor's
institutional knowledge.
2. Take other action as deemed appropriate by the City Council.
2
CITY OF RANCHO PALOS VERDES
MAINTENANCE AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered this 18th day of August, 2015, by and
between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and
GRAFFITI PROTECTIVE COATINGS, INC., a California corporation ("Contractor'). Contractor's
license number is 672447 (C-33, D-38).
WHEREAS, the City of Torrance awarded a contract to Contractor for Graffiti Abatement
Services on or about June 12, 2012, which services were procured using a competitive process
substantially the same as that used by City for the procurement of services; and
WHEREAS, pursuant to Section 2.44.050 of the Rancho Palos Verdes Municipal Code,
City desires to engage Contractor to provide Graffiti Abatement Services, with compensation
based on the rates bid in the City of Torrance contract;
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the
parties hereto agree as follows:
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
Graffiti Abatement Services ("Project"), as described in this Agreement and Contractor's
Proposal dated July 28, 2015, a copy of which is attached hereto as Exhibit A and
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 in accordance with the terms of the written
work order. 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 August 24, 2015 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, 2016, unless sooner terminated pursuant to Section 13 of this Agreement.
Additionally, there shall be five (5) one (1) 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
Um
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 flat fee of Six Thousand Dollars ($6,000) per month, for a total not to exceed
amount of Seventy -Two Thousand dollars ($72,000).
7. Payments. Contractor shall submit to City an invoice on a monthly basis for the services
performed pursuant to this Agreement. Each invoice shall itemize the services rendered
during the billing period, hourly rates charged, if applicable, and the amount due. City
shall review each invoice and notify Contractor in writing within ten (10) business days of
receipt of any disputed invoice amounts.
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 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
5 A-2
prior to date of termination, and such payment shall be in full satisfaction of all services
rendered hereunder.
12. Incorporation by Reference. The following documents are attached hereto as Exhibit B
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. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section
16700) of Part 2 of Division 7 of the California Business and Professions Code) arising
from purchases of goods, services, or materials pursuant to the Agreement. This
assignment shall be made and become effective at the time the City tenders final payment
to Contractor without further acknowledgment by the parties.
14. Utilities. The City acknowledges its responsibilities under Government Code Section 4215
and incorporates that section herein by this reference.
15. 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.
16. 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.
6 A-3
17. Prevailing Wages. City and Contractor acknowledge that this project is a public work to
which prevailing wages apply. Contractor shall comply in all respects with all applicable
provisions of the California Labor Code, including those set forth in Exhibit C, attached
hereto and incorporated herein by this reference.
18. Workers' Compensation Insurance. California Labor Code Sections 1860 and 3700
provide that every contractor will be required to secure the payment of compensation to
its employees. In accordance with the provisions of California Labor Code Section 1861,
the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to 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."
19. 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.
20. 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.
21. 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.
22. Bonds. Contractor shall obtain faithful performance and payment bonds, each 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 forms entitled
Payment Bond (Labor and Materials) and Performance Bond are attached hereto and
incorporated herein by this reference.
23. 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.
24. 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
7 A-4
on any matter in connection with which Contractor has been retained pursuant to this
Agreement.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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:
��
Mr. Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
To Contractor:
The address listed in Exhibit A.
35. 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.
36. 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.
IN WITNESS WHEREOF, the parties hereto have execute�j within Agreement the day and
year first above written.
CITY OF RANCHO PALOS VERDES GRAFF/TYPROTECTIVE COATINGS, INC.,
a Califfiroa corporation
By: By:
r
Pri
ATTEST:
Title
By:
City Clerk By:
APPROVED AS TO FORM: Print
Title: S e C re, A -vv< tA
10 A-7
EXHIBIT A
Contractor's Proposal
GRAFFITI 11"ROTECTIVE (70ATINGS, INC.
I'ROPOSAI, FOR CIFRAFFIT11 ARATEMEN-11
SERVICES
3 m 28, 2015
SUBMITTFDTO:
Nicole Jules
Deputy Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
SUBMITTED BY;
GRAFFITI PROTECTIVE COATINGS, INC.
419 N LARCHNIONT BLVD. # 264
LOS ANGELES, CA 90004
(323) 464-4472
FAX (323) 656-3579
Qualifications
Exhibit A
Error! Unknown document property name.
11 A-8
Company Information
Graffiti Protective Coatings, Inc. (GPC), a California corporation, is a graffiti abatement company
created in 1991. The founders of GPC, who were students at University of Southern California,
had researched and improved upon various graffiti removal techniques and products from around
the world after having created an award winning business plan for an entrepreneur class. GPC was
then created and the University became the company's first significant client. Atter just one year
GPC had saved the University over $I00,OW (506%6 cost reduction), dramatically improved the
appearance of the campus, and gained credibility for the start-up company. CPC's contract with
the University is still in place after 24 years and has been expanded many times.
The company centered on a formula of constant research and development in techniques,
equipment, and products as well as a highly skilled well paid labor force of problem solving. ever
improving, and self motivated individuals, GPC has stayed true to its business plan. Its products,
equipment, and techniques are the most advanced in the industry. Staff expertise, consistency, and
professionalism continue to grow.
GPC and its related companies have over 1,000 public and private clients and presently clean over
500,000 locations and 16,000,000 square feet of graffiti annually in three states. Required
California State Contractor's License number is 672447, consisting of C-33 and D-38.
GPO's equipment set-up is designed exclusively for graffiti abatement. GPC's proprietary methods
and products are vastly superior to all industry standards, Field staff is trained thoroughly' in all
graffiti removal techniques and situations. Office staff'customizes and develops sophisticated yet
user-friendly data compilation for the customers. Management understands communication,
priorities, follow through, and the importance of exceeding the customer's expectations.
GPC has extensive dealings with large government agencies and understands processes,
procedures, work volume, documentation, and invoicing requirements associated with these
customers. GPC can handle graffiti contracts of all sizes.
GPC has three types of clients for graffiti abatement. These include municipalities, government
agencies, and private customers.
GPC can remove graffiti from any surface leaving no trace of graffiti, and our skilled and efficient
personnel can perform these tasks at an extremely fast speed. GPC standards include 24 hour 7 day
a week availability, 98% minimum color match quality, I hour or less response to emergency
service requests, proactive zero -tolerance patrols, and always exceeding the specifications of the
scope of work.
GPC.: is available to City of Rancho Palos Verdes (City) staff 24 hours a day, seven days week.
GPC also understands priorities and will work seamlessly with City staff and City Project Manager
(CPM).
12 A-9.
GPC's services will benefit the City of Rancho Palos Verdes in the following areas
Experience
GPC has been successfully providing graffiti abatement services to agencies as large as Rancho
Palos Verdes or larger. GPC understands the financial, management, and staff requirements to
make this project successful.
Equipment
GPC currently possesses all the equipment needed for this project. The equipment is customized
and designed specifically for graffiti abatement methods and techniques
Staff
GPC staff are well qualified and experienced in graffiti removal. Staff understands the
expectations of their contracts and will seek to not only meet but also exceed those expectations.
Techniques
GPC has created and mastered the methods and techniques of professional graffiti removal.
GPC defines professional graffiti abatement as removal that leave no traces of past vandalism.
Documentation
GPC understands the City`s documentation requirements for this contract, GPC is offering its
App -Order system to the City so that it can monitor, input, and retrieve work orders with photos
over the web in real-time. In addition, the City will receive its oven app on the IOS and Andriod
platform at no additional cost.
Communication
GPC is available to the City staff 24 hours a day, seven days week. GPC also understands
priorities and will work seamlessly with City staff.
Consistency
GPC provides reliable competent service on every work order that it completes. GPC staff all
understand that one poorly completed work order can jeopardize the reputation and customer
trust that can sometimes take years to develop_
There is no better indicator of future success than past performance, and GPC stands behind its 22 -
year history of providing exceptional service and workmanship in the field of graffiti abatement.
Work Plan/ Technical Description
Overview
13A-10
The keys to a successful graffiti removal program are l'ast response, removal of all graffiti, and
removal methods that leave no traces that the graffiti ever existed. Graffiti breeds more graffiti,
and fast professional removal will allow to the City of Rancho Palos Verdes to control this
problem. Graffiti Protective Coatings, Inc, specializes in these services with its "Zero -Tolerance
Program". Under GPO's proven program each technician is fully equipped and trained to
remove all graffiti,
GPC performs thorough and complete removal, leaving no traces of the past graffiti. Details are
not overlooked. All graffiti at sites requested by the City are removed no matter how small
including but not limited to: all streets, sidewalks, private and city owned property, parks, civic
center, upper level locations, and all objects in the City Right of Way.
Schedule of work (days, times, etc.)
GPC is planning a schedule of seven days per week for a minimum of I truck for the City of
Rancho Palos Verdes. Holiday and Special Event work will also be scheduled. GPC will
provide additional vehicles as needed, when needed.
Identification of Work
GPC will be responding to City staff requests, app requests, hotline calls, and proactive patrols of
areas assigned by City staff. GPC will meet with City staff as requested to discuss work orders,
schedules, and areas to be maintained.
Assignment of Work
GPC prefers to put technicians in their own exclusive and specific Citylzone. Technicians that
are experts in their assigned geographic area gain efficiencies of drive time creating faster
response times-, more specific knowledge of neighborhoods, "hot spots", and color matches
creating better consistency, and the technicians are more accountable for the appearance of their
City/zone creating higher quality. GPC will provide the City its App -Order software and a
smartphone app equipped with the App -Order manager's app to City staff for instant and easy
communication,
Daily, GPC will complete all service requests within 24 hours. This portion of the work plan is
referred to as Reactive Work, Additionally, GPC will patrol and clean target areas listed as main
thoroughfares and parks on the attached map (attachment A) two times per week. This portion
of the work plan is referred to as Proactive Work. The free app, exclusive for Cit-
y residents will
assist GPC staff in quickly identifying other graffiti within the City such as at the beaches or on
trails that can only be reached by foot
GPO's Rancho Palos Verdes lead service technician, upon request, will check in with City staff
at a specified time to review service requests and overall operations. City staff can monitor and
manage work orders via the web or on the provided manager's smartphone app.
GPC custom color matches all buildings to 98% or better. GPC will maintain the formulas as
well as the inventory of labeled locations. Therefore, our touch-ups will always be 1 "/a
accurate. Our custom matches will include specific coatings and bases as needed for unique
finishes. Many buildings are repeatedly tagged and would be damaged if quality of the removal
14A-11
does not account for the repeated volume, therefore GPC takes special care to properly prep all
surfaces and then professionally apply only high quality finishes. GPC will not use recycled
paint on private or city owned property since it does not meet GPC or resident expectations.
Additional Work and Emergencies
GPC knows from experience, the City will receive special event requests and emergency calls.
GPC performs these services at no additional charge.
Response 'Gime
GPC will be available to the City 24 hours a day, 365 days a year. No matter what the Holiday or
time, emergency after-hours calls will have a response time of less than 90 minutes. Emergency
number is (323) 464-4472.
1) Emergencies- less than 90 minutes
2) Routine- clean immediately upon spotting graffiti
3) Citizen or City reported incidents- less than I hour from notification during normal
working hours, never more than 8 working hours
Equipment to be provided within contract
GPC trucks for the City of Rancho Palos Verdes will be a mix of new or late model long bed
heavy duty pick-ups. All trucks are fully equipped and self-contained for all aspects of graffiti
removal. Graffiti locations often require multiple techniques of hot water cleaning, chemical
removal, and painting. Therefore, each of our trucks are equipped with 3,000 psi Sgpm hot
water pressure washers, water tanks, water recovery units, .75-gpm gas powered airless paint
sprayers, ladder, baking soda blaster attachments, and pressure washer hose reels. GPC's
equipment is of the highest quality and all the trucks are specifically customized and designed
for GPC graffiti removal techniques. GPC. currently has all the equipment needed to fulfill this
contract.
Mounted on the trucks are dual strobe lights and arrow sticks. The trucks possess a "Men
Working" flag sign as well as enough cones to comply with WA'T'CH handbook requirements.
Inside the trucks are caution tape, respirators, first aid kits, MSUS sheets, safety equipment, and
toots for repairs.
All GPC trucks for the City will always be fully equipped for all types of graffiti removal. There
will be no need or delay for additional equipment.
Technology
GPC provides its App -Order system at no additional charge. GPC has spent over $1,000,000 on
its software system and has a full-time staff' dedicated to software customer service for GPC
customers. This electronic work order system is a green solution to work order management.
The real-time web based software system creates tremendous efficiencies and significant cost
savings for GPC and the City. 'I'hc City is able to dispatch, route, and monitor work orders real-
time via the web. The technicians are able to directly submit work order number, police report
number, cost, surface type, street number and name, longitude and latitude, method, square
footage, name and phone number of reporter, day and time job was both created and completed,
15A-12
and berorciaftcr photos with U RLs electronically in real-time to the City. System recognizes and
records the technicians name and tracks work order response times. GPC provides all software,
web service, maintenance, and support at no additional cost.
Included, GPC will provide the City if requested its own branded app on the App Store and
Android Marketplace that Rancho Palos Verdes residents use to report graffiti and other issues
using their smanphones. Photos and GPS data from smartphonc requests electronically feed into
the web based system where it is electronically directed to GPC field staff. A seamless web link
is also included that allows residents to submit their requests from the City's website. Work
orders are closed electronically in real-time with corresponding electronic -notification of job
status sent to the resident. Features include customized electronic response to citizen requests
with before and after photographs as well as a link to an electronic survey Survey lets, residents
rate the quality of services provided as well as the response time. Completed surveys are
electronically sent in real-time to designated City staff,
The system is role based and is user friendly. City staff can print current and real-time custom
reports and graphs within seconds on-line. App -Order shows in real-time open/closed work
orders, response time, billing, and reports. It also separates out costs for different surfaces,
technicians, methods, and zones. Billing and reports can also be exported to excel spreadsheets
in mete seconds. Law enforcement is provided passwords so they can map, search, and track
vandal activity as well as get instant and real-time billing reports and photos for apprehended
(Mers.
All data collected in the work order system for this project is the property of the City. GPC created
and owns the sot1ware, so custom features can be easily added with no additional cost.
Staffing
The project manager for this contract will be Jesus Rodriguez, Jesus has been with GPC for 13
years, fie is currently one of GPCs top rated field techs for the entire company, having won a
recent multistate 3 day contest against other top tier staffff. H is standing as one of GPC's top
technician is made more impressive in that GPC is a company ot'highly skilled fantastic and
dedicated professionals that have established GPC as "best in class" in the graffiti removal
industry.
Jesus speaks fluent English and Spanish. The benefit of a small community such as Rancho Palos
Verdes is that almost the entire community will get to know GPC staff and will see GPC
working diligently every day, GPC staff's consistent quality, workmanship, and attention to
detail will create the highest possible standards that are now the expectation. Residents can sense
that GPC staff are seeking to make them happy and always wants to impress everyone with the
quality of their work.
GPC has a I 00pt training program for its service techs in which they receive a full year of training
Key Personnel- Qualifications and Expgdenee
16A-13
Key personnel for this proposal are Barry Steinhart, Joni Sawyer, and Jesus Rodriguez. GPC has
allocated some its best staff for this project. GPC also has the proper number of staff committed
to this project to ensure high customer satisfaction.
Biographies:
• Barry Steinhart-General Manager
419 N. Larchmont Blvd. ##264
Los Angeles, CA 90004
(2) 3) 591-11531 Fax (323) 656-3579
GPCLAAMSN.COM
Barry has 24 years experience in graffiti removal and has a degree from the University of
Southern California. He will be the project manager for this RFP. lie was instrumental in
the development of many of GPC's graffiti removal techniques, pioneered the use of
sacrificial anti -graffiti coatings, and developed the company's zero-toleranee graffiti
program, He created a simple system of field color matching and the 98% minimum
color match program. Barry will be directly involved with all facets of this contract. The
level of service and quality of work performed under Barry's leadership is outstanding.
Barry works very hard to be responsive, consistent, detailed, professional, and
exceptional. His history is verifiable and irrefutable and always wishes to be judged
more by his actions over GPC's 24 year history of successful projects verified through
references rather than by words on a piece of paper.
• Joni Sawyer- Software Director of Operations
1094 E. Sahara
Las Vegas, NV 89104
(702) 686-04461 Fax (800) 536-0963
JONICa,APP-ORDER.COM
Joni is the former assistant General Manager of the company and now serves as Director
of Operations for GPC's software company, App -Order. Joni will be the point of contact
for the contract for software solutions. Joni has a degree from Ventura Community
College. Joni emphasizes the company's culture of unprecedented customer service,
which she brought with her ager serving as store director of Tiffany and Co. in New
York and store director of Harry Winston in Beverly Hills. GPC's president, Carla
Lenhotf, has a business philosophy and goal of making GPC the apex in quality and
service. Carla, who got her start on Rodeo Drive, had followed Joni's career for more
than 22 years and once GPC had reached a size that could support her acquisition, Joni
was added to GPC's staff".
• Jesus Rodriguez- Asst. General Manager
419 N. Larchmont Blvd. #264
Los Angeles, CA 90004
(323) 46444721 Fax (323) 656-3579
17A-14
GPCLA(&NSN COM
Jesus has 13 years experience in graffiti removal. Jesus will be the project/field staff leader
for the contract. Jesus provides a high level of workmanship and customer service. He has
been the model of consistency. He will quickly become experienced with the City
geography, residents, business owners, and City staff. The City cannot firm a 'technician
more proven or with a better understanding of the scope of services for this project than
Jesus. besides Jesus" excellent workmanship, his ability to interact with the public as a
representative of both GPC and the City is invaluable and was why he was chosen
specifically for this project.
Cast
GPC will provide all Reactive and Proactive Work as identified in this proposal for a flat fee of
$6,000 per month. Prevailing wages are applicable to GPC's bid price.
Conclusion
GPC has always provided the highest quality services at low prices. GPC provides consistency
and maintains the highest possible standards, exceeding and creating very high expectations.
17tere is no better indicator of future success than past performance.
by Carla Lenhoff, President 7128/13
18A-15
UnUng
N. frx {Sy # ? c npy �nfa�t Saaa_E
Nix
OO t/� 'Z 7k s{jyj'� A A pfp oz
.,,,.. mid J'a1m 1, yt'nJ�.ac Cn 450 y�p�AA
c
pcvsra ws RANCH.O__FALL?S VERDES_GRAFF{T!_MAP
lran� a J -J. -Joe!
�taoWd >il ]-7H-9D1b
4l�ssle. Gw _
+ _. .....................a.._._m, Ullb Job Gla _
19A-16
EXHIBIT B
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)
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
the proper 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.
20A-17
INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES
PUBLIC WORKS CONTRACT
The Contractor shall at all time during the term of this Agreement carry, maintain, and
keep in full force and effect, with an insurance company admitted to do business in
California and approved by the City (1) a policy or policies of broad -form comprehensive
general liability insurance with minimum limits of $2,000,000.00 combined single limit
coverage against any injury, death, lose, or damage as a result of wrongful or negligent
acts by the Contractor, its officers, employees, agents, and independent contractors in
performance of services under this Agreement; (2) property damage insurance with a
minimum limit of $1,000,000.00; (3) automotive liability insurance with a minimum
combined single limits coverage of $1,000,000.00; and (4) workers' compensation
insurance in the amount required by law. The City, its officers, employees, attorneys,
and volunteers shall be named as additional insured on the policy(ies) as to
comprehensive general liability, property damage, and workers' compensation
coverages.
Acceptable insurance coverage shall be placed with carriers admitted to
write insurance in California, or carriers with a rating of, or equivalent to,
A:VII by A.M. Best & Company. Any deviation from this rule shall require
specific approval, in writing, from the City.
2. All insurance policies shall provide that the insurance coverage shall not
be non -renewed, canceled, reduced, or otherwise modified (except
through addition of additional insured to the policy) by the insurance
carrier without the insurance carrier giving the City thirty (30) days prior
written notice thereof. The Contractor agrees that it will not cancel, reduce
or otherwise modify said insurance coverage.
3. The Contractor agrees that if it does not keep the aforesaid insurance in
full force and effect, and such insurance is available at a reasonable cost,
the City may take out the necessary insurance and pay the premium
thereon, and the repayment thereof shall be deemed an obligation of the
Contractor and the cost of such insurance may be deducted, at the option
of the City, from payments due the Contractor.
4. The Contractor shall submit to the City (1) insurance certificates indicating
compliance with the minimum workers' compensation insurance
requirements above, and (2) insurance policy endorsements above, not
less than one (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.
21 A-18
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 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, 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
22A-19
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"
M
Its
By:
Its
(Seal)
APPROVED AS TO SURETY AND PRINCIPAL
AMOUNT
in
Insurance Administrator
"Surety"
By:
Its
By:
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
in
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.
23A-20
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Rancho Palos Verdes ("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 to file a good and sufficient
performance bond with the Public Agency for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ) (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, shall in all things stand to and
abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions
and provisions in the Contract and any alteration thereof made as therein provided, on the
Principal's part to be kept and performed, all within the time and in the manner therein specified,
and in all respects according to their true intent and meaning, and shall indemnify and hold
harmless the Public Agency, its officers, agents, employees, and others as therein provided,
then this obligation shall become null and void; otherwise, it shall be and remain in full force and
effect.
In case suit is brought upon this bond, Surety further agrees to pay, 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 thereunder, 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 thereunder. Surety hereby waives the provisions of California Civil Code sections
2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party
hereto.
24A-21
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall
for all purposes be deemed an original hereof, have been duly executed by Principal and
Surety, on the date set forth below, the name of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative(s) pursuant to authority of its
governing body.
Dated:
"Principal"
By:
Its
0
Its
(Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:
Insurance Administrator
"Surety"
A,
Its
By:
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
By:
Public Agency Attorney
Note: This bond must be executed in duplicate and dated, all signatures must be notarized,
and evidence of the authority of any person signing as attorney-in-fact must be attached
25A-22
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 insureds and that the same are in
force at this time:
This certificate is issued to:
City of Rancho Palos Verdes
City Hall
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
2. The insureds 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 insureds 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
Exhibit B
Error! Unknown document property name.
26 A-23
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 1(a) 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.
4. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774
and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for
failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred
dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the
prevailing rates as determined by the DIR for the work or craft in which the worker is employed
for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
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 for 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.
concerning the employment of apprentices on public works projects. Contractor shall be
responsible for compliance with these aforementioned Sections for all apprenticeable
occupations. Prior to commencing work under this Agreement, Contractor shall provide City with
a copy of the information submitted to any applicable apprenticeship program. Within sixty (60)
days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors
shall submit to the City a verified statement of the journeyman and apprentice hours performed
under this Agreement.
7. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work.
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply
with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers
who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars
($25) for each worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one (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.
27A-24
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of
8 hours per day, and 40 hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the
basic rate of pay.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be
required to secure the payment of compensation to its employees. In accordance with the
provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
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 statutory provisions and a requirement 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 halt or rectify any
failure.
10. To the maximum extent permitted 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 City
officials, and volunteers from and against any demand or claim for damages, compensation, fines,
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 undert or in connection with the
Agreement, including without limitation the payment of all nsequential damages, attorneys'
fees, and other related costs and expenses. All duties of o ra for under this Section shall
survive termination of the Agreement.
Datek-1 I 5 Signature 1
Date Signature 2:
V/,-" r�l
28A-25
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No. or description:
Indemnitor(s) (list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend,
protect, indemnify, and hold harmless the City of Rancho Palos Verdes and its elected officials, officers,
attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and
against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings,
expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants,
attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or
claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure
to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors,
materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly
or indirectly, out of, in connection with, resulting from, or related to the above -referenced contract,
agreement, license, or permit (the "Agreement") or the performance or failure to perform any term,
provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity
provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by
Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity
provision shall survive the termination of the Agreement and is in addition to any other rights or remedies
which Indemnitees may have under the law. Payment is not required as a condition precedent to an
Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee
shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor
shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision.
Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees'
sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil
Code 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the
underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the
existence or applicability of any insurance coverages which may have been required under the Agreement
or any additional insured endorsements which may extend to Indemnitees.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all
claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf
of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the
Indemnitees.
In the a there is more than one person or entity named in the Agreement as an Indemnitor, then all
obligat' liabilities, covenants and conditions under this instrument shall be joint and several.
"Ind ito
i
Nam Name
ffleys a
•.
By:
Its
29A-26
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 (fes) 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.-
The
ollows:
The
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers
are additional insureds (the above named additional insureds are hereafter referred to as the
"Additional Insureds") under the Policy in relation to those activities described generally above
with regard to operations performed by or on behalf of the Named Insured. The Additional
Insureds have no liability for the payment of any premiums or assessments under the Policy.
The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon
to contribute with the insurance coverages provided by the Policy.
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.
The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the
Named Insured under the indemnification and/or hold harmless provision(s) contained in or
executed in conjunction with the written agreement(s) or permit(s) designated above, between
the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less
than thirty (30) days prior to the effective date thereof. In the event of Company's failure to
comply with this notice provision, the policy as initially drafted will continue in full force and effect
until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities
arising out of or incident to the perils insured against in relation to those activities described
generally above with regard to operations performed by or on behalf of the Named Insured
regardless of any prior, concurrent, or subsequent active or passive negligence by the
30A-27
Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
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 FROWTO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
❑ Contractual Liability
❑ Owners/Landlords/Tenants
❑ Manufacturers/Contractors
❑ Products/Completed Operations
❑ Broad Form Property Damage
❑ Extended Bodily Injury
o Broad Form Comprehensive
General Liability Endorsement
12.
❑ Explosion Hazard
❑ Collapse Hazard
❑ Underground Property Damage
❑ Pollution Liability
❑ Liquor Liability
0
■
A ❑ deductible or o self-insured retention (check one) of $
applies to all coverage(s) except:
(if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one).
13. This is an ❑ occurrence or o claims made policy (check one).
14.
This endorsement is effective on
Policy Number
at 12:01 a.m. and forms a part of
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)
31 A-28
ADDITIONAL INSURED ENDORSEMENT - AUTOMOBILE LIABILITY
Name and address of named insured ("Named Insured')..
Name and address of Insurance Company ("Company').-
General
"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:
The
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall be covered
as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured.
Nothing contained in this provision shall operate to increase or replicate the Company's limits of
liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named
Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except
after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereto. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and effect until compliance
with this notice requirement.
Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,
concurrent, or subsequent active or passive negligence by the Additional Insureds.
32A-29
8. It is hereby agreed that the laws of the State of California shall apply to and govem 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
THIS ENDORSEMENT ATTACHES FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions
relate to the above coverages. Includes:
Any Automobiles
Truckers Coverage
All Owned Automobiles
1 Motor Carrier Act
Non -owned Automobiles
Bus Regulatory Reform Act
i Hired Automobiles
Public Livery Coverage
i Scheduled Automobiles
i
i Garage Coverage
i
12. A ❑ deductible or ❑ self-insured retention (check one) of $
applies to 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 ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number
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)
33 A-30
ADDITIONAL INSURED ENDORSEMENT - EXCESS LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity (ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")
or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
("Public Agency'), its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall be covered
as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured.
Nothing contained in this provision shall operate to increase or replicate the Company's limits of
liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named
Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except
after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereto. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and effect until compliance
with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,
concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction, interpretation, and enforcement of this contract of insurance.
34 A-31,
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
THIS ENDORSEMENT ATTACHES FROM/TO
❑ Following Form
❑ Umbrella Liability
11. Applicable underlying coverages:
INSURANCE COMPANY
POLICY NO.
LIMITS OF
LIABILITY
AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
13. A ❑ deductible or ❑ self-insured retention (check one) of $
applies to all coverage(s) except: (if
none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one).
14. This is an ❑ occurrence or ❑ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number
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
Telephone No.: (_)
20
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
35 A-32
CITYOF
tAIRANCHO PALOS VERDES
EXHIBIT C
Terms for Compliance with California Labor Law Requirements
1. Contractor acknowledges that the project as defined in this Agreement between
Contractor and 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
1(a) 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. Contractor shall be registered with the Department of Industrial Relations in
accordance with California Labor Code Section 1725.5, and has provided proof of registration to
City prior to the effective date of this Agreement. Contractor shall not perform work with any
subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and
subcontractors shall maintain their registration with the DIR in effect throughout the duration of
this Agreement. If the Contractor or any subcontractor cease to be registered with DIR at any
time during the duration of the project, Contractor shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Contractor's services are subject to
compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as
prescribed by DIR regulations.
4. 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.
5. Contractor shall comply with and be bound by the provisions of Labor Code
Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the
penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit
two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less
than the prevailing rates as determined by the DIR for the work or craft in which the worker is
employed for any public work done pursuant to this Agreement by Contractor or by any
subcontractor.
6. 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 for inspection as provided by Section 1776,
and (3) inform the City of the location of the records.
7. 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
36 A-33
seq. concerning the employment of apprentices on public works projects. Contractor shall be
responsible for compliance with these aforementioned Sections for all apprenticeable
occupations. Prior to commencing work under this Agreement, Contractor shall provide City with
a copy of the information submitted to any applicable apprenticeship program. Within sixty (60)
days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors
shall submit to the City a verified statement of the journeyman and apprentice hours performed
under this Agreement.
8. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work.
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply
with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers
who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars
($25) for each worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar
week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of
eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of eight (8) hours per day at not less than
one and one-half (1-1/2) times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer will be
required to secure the payment of compensation to its employees. In accordance with the
provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with
such provisions before commencing the performance of the work of
this contract."
10. 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 statutory provisions and a requirement 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 halt or rectify any
failure.
11. To the maximum extent permitted 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 City officials, and volunteers from and against any demand or claim for damages,
compensation, fines, 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 the 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.
37 A-34
Bond No. 41325516
EXECUTED IN DUPLICATE
ANNUALLY RENEWABLE PAYMENT BOND
PREMIUM: $500.00/YEAR (LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to
Graffiti Protective Coatings, Inc., 419 N. Larchmont Blvd. #264, Los Angeles, CA 90004
(Name and address of Contractor)
("Principal"), a contract (the "Contract'), which is incorporated herein by this reference, for the work
described as follows:
Maintenance Agreement: Graffiti Abatement Services
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to file a
good and sufficient payment bond with the Public Agency to secure the payment of claims of laborers,
mechanics, material persons, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal, and Platte River Insurance Company
P.O. Box 5900, Madison, WI 53705-0900
(Name and address of Surety)
("Surety') a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency and all subcontractors, laborers, material persons, and other persons
employed in the performance of the Contract in the penal sum of ----------------------------------------------------------
Twenty-Five Thousand Dollars and 00/100 --------------------------------------------------------------------------------------------------
Dollars ($ 25,000.00 -------- ) (the "Penal Sum's, 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 aa�lgr�ehaasg�eac3ei�#irrs (*)
alteration, addition or modification to the terms of the Contract, or of the work to be performed there
under, or the specifications for the same, shall in any way affect its obligations under this bond, and it
does hereby waive notice of any such change, extension of time, alteration, addition, or modification to
the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the
provisions of California Civil Code sections 2x45 and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
(*) This bond is for the term beginning and ending . The bond
may be extended for additional terms at the option of the Surety, by continuation certificate executed
by the Surety. Neither non -renewal by the Surety, nor failure, nor inability of the Principal to file a
replacement bond shall constitute a loss to the Obligee recoverable under this bond. 22A_35
purposes be deemed an original hereof, have been duty executed by Principal and Surety, on the date
set forth below, the name of each corporate party being hereto affixed and these presents duty signed by
its undersigned representative(s) pursuant to authority of its governing body.
Dated: August 24, 2015
"Principal" "Surety'
i
Graffiti Protectiv oatin , Inc. Platte River Insurance Company
419 N. Lar mont d. 264, Los Angeles, CA 90004 P.O. Bo 0, Madison, 5-0900
By: By: L/
Its /,Ailik LePJ 'l is Rya ash, Attorney-In-Fact
By:
Its
(Seat)
APPROVED AS TO SURETY AND PRINCIPAL
AMOUNT
By:
Insurance Administrator
By:
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
By:
Public Agency Attorney
(Vote: This bond must be executed in duplicate and dated, all signatures must be notarized, and
evidence of the authority of any person signing as attomey-in-fact must be attached.
23A-36
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento
On �,���s before me,
Susan Fournier, Notary Public
(insert name and title of the officer)
personally appeared Ryan Tash
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
A-37
CALIFORNIA• • ••
�._a _a _cam �t_aC_a _aC_aC�C_a _aC.aC_a�t.aC.at�C_�..•.aC_aC.a _aC a . _a _aC_a..a..a _aC_aC,at_a _aa_aC_aC�C_aC_a�C_a _aC�C_a .a _
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of 4DQS ff ((11 )
On before me,yUS6t3 M. VMW6. z �( c1N�u f`�. ,
Date Here In ert Name and Title of t e Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose name( is/tee
subscribed to the within instrument and acknowledged to me that '14&he/111� executed the same in
1.4 Ther/tbeffauthorized capacity(We; and that by Wher/tbe -signaturejsj on the instrument the personjs�,
or the entity upon behalf of which the personKacted, 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.
SUSAN M. DYMOND WITNESS my hand and official seal.
NOTARY PUBL�E�N
COMMISSI
LOS ANGE
M Comm. ESignature '
Signature of Notary lic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached DgWment
Title or Type of Docum nt:ca -Tor.;l� Document D e: Y. 2-+
—IS
Number of Pages: a Sig er(s) Other Than Named Above: Q � 1,
Capacity(ies) Claimed by Signer(s
Signer's Name: a
Corporate Officer — Title(s): t.
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
S'✓• 5�✓, '✓i-✓5'y.'✓4'✓G'b �4............L'ti4�:'✓6'r�✓ 'rJ'S'✓y -.c�ei✓4'•✓ •.vi.`rr,a��e' -.•�:�a'.'✓.'.•ism.'✓✓:'ti.'✓✓ry�.rvi✓:�'�✓,:�:'✓:'✓G\
02014 NationalNotaryAssociation www.NationaiNotary.org1-800-USNOTARY(1-800-876-6827)Item#5907
PLATTE RIVER INSURANCE COMPANY 41325516
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its
principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint
JOHN T. PAGE;RYAN TASH;CHRISTINE STRADFORD
its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds,
undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in
amount the sum of
------------------WRITTEN INSTRUMENTS IN AN AMOUNTNOT TO EXCEED $20,000,000.00- -- ------------------------
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002.
"RESOLVED, that the President, and Vice -President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the
power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings
obligatory in the nature thereof, one or more vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties
usual to such offices to the business of the company; the signature of such officers and the seal of the Corporation may be affixed to such power of
attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature
thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts
required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation
making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the
Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of
Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and
its corporate seal to be hereto affixed duly attested, this 8th day of January, 2014.
Attest:
P\NSURq PLATTE RIVER INSURANCE COMPANY
\\\ \\\\J\\\\\11111111111111111p11/1/q////////
�-OF 1�P OORPORATF Oy o // / •II _-5
Richard W. Allen LlI ,a SEAL �'
President =211 Stephen J. Sills
Surety & Fidelity Operations CEO & President
STATE OF WISCONSIN S.S.: /�M/a//nnEeIRIASKI\1\\\\\�\\0\\\�\
COUNTY OF DANE }
On the 8th day of January, 2014 before me personally came Stephen J. Stills, to me known, who being by me duly sworn, did depose and say: that he
resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described
herein and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
,ea w�
a
•` DANIEL
• W,
KRUEGER Daniel W. Krueger
STATE OF WISCONSIN <,„ ,,� Notary Public, Dane Co., WI
COUNTY OF DANE S.S.. CERTIFICATE My Commission Is Permanent
1, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska
Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has
not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now/Jin ford
Signed and sealed at the City of Middleton, State of Wisconsin this _e/ day of 2!/�S
A
1 SEAL Alan S. Ogilvie
Secretary
THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND
CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL, 800-475-4450. PR -POA (Rev. 11-13)
SECOND AMENDMENT
TO MAINTENANCE AGREEMENT
THIS SECOND AMENDMENT TO THE MAINTENANCE AGREEMENT
("Amendment") by and between the CITY OF RANCHO PALOS VERDES ("City") and
GRAFFITI PROTECTIVE COATINGS, INC. ("Contractor") is effective as of the 15th day
of August, 2017.
RECITALS
A. On August 18, 2015, City and Contractor entered into that certain Maintenance
Agreement ("Agreement") whereby Contractor agreed to provide graffiti abatement services
until June 30, 2016, for a contract sum of $72,000. The Agreement provides an option for up to
five (5) one-year extensions of the Agreement by the mutual written consent of both parties.
B. On June 21, 2016, City and Contractor executed the First Amendment to the
Agreement. The First Amendment extended the term of the Agreement to June 30, 2017, for an
additional $72,000.
C. City and Contractor now desire to amend the Agreement to extend the term until June
30, 2018, for an additional $72,000, for a total contract sum of $216,000.
TERMS
1. Amendments.
(a) Term. Section 3 of the Agreement is hereby amended to read as follows:
"Term. This Agreement shall commence on August 24, 2015 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, 204-72018, unless sooner terminated pursuant to Section 11 of
this Agreement. Additionally, there shall be five three (4-3) one (1) 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."
(b) Compensation. Section 6 of the Agreement is hereby amended to read as
follows:
"In consideration of the services rendered hereunder, City shall pay Contractor a
flat fee of Six Thousand Dollars ($6,000) per month, for a total not to exceed amount of
Seventy -Two Thousand dollars ($72,000) per year, for a contract sum not to exceed Two
Hundred and Sixteen Thousand Dollars ($216,000), One Hundred and Forty Four
Thousand of which having been expended for Services provided from August 24, 2015
through June 30, 2017.".
01203.0006/393017.1
B-1
2. Continuing Effect of Agreement. Except as amended by this Agreement, all
provisions of the Agreement shall remain unchanged and in full force and effect. From
and after the date of this Amendment, whenever the term "Agreement" appears in the
Agreement, it shall mean the Agreement, as amended by this Amendment to the
Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Contractor each ratify and reaffirm each and every one of the respective rights and
obligations arising under the Agreement. Each party represents and warrants to the other
that there have been no written or oral modifications to the Agreement other than as
provided herein. Each party represents and warrants to the other that the Agreement is
currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment, City is
not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment,
Contractor is not in default of any material term of the Agreement and that there have
been no events that, with the passing of time or the giving of notice, or both, would
constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of
the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii) by so executing this
Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to
which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01203.0006/393017.1
B-2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Dave Ale hire, City Attorney
City:
CITY OF RANCHO PALOS VERDES
Brian Campbell, Mayor
Contractor:
GRAFFITI PROTECTIVE COATINGS,
INC.
Name:
Title:
By:
Name:
Title:
Address:
NOTE: LESSEE'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO LESSEE'S BUSINESS
ENTITY.
01203.0006/393017.1
B-3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual tvho signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On......... 2016 before me, ........ personally appeared proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) islare subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his;
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE, OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 20I6 before me, personally appeared proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/arc subscribed to the within instrument and
acknowledged to me that lieishelhey executed the same in his/her,/their authorized capacity(ies), and that by
hisiher;'their signaturc(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
ThauL1h the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAINIED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL.
❑ CORPORATE' OFFICER
....... ........ _-. _....
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAI,
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
NUMBER OF PAGES
❑ GUARDI.ANXONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING: DAI E OF DOC11 UMENT
(NAME OF PERSON(S) OR ENTITY(IES))
SIGNER(S) OTHER THAN NAMED ABOVE
01203.0006/393017.1
B-5
July 13, 2017
Sean Larvenz
Maintenance Superintendent
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
RE: Graffiti Abatement Services Renewal for 2017-2018
Dear Mr. Larvenz,
This letter is to notify the City of Rancho Palos Verdes that Graffiti Protective Coatings, Inc. is
renewing our existing contract for another year (2017-2018) without any new price
increases.
nce
Carla I
Presid
Protective Coatings, Inc.
C-1