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Marina Landscape Services Inc - Parks (Jul 2011 - Jan 2017)
FOURTH AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS BETWEEN THE CITY OF RANCHO PALOS VERDES AND MARINA LANDSCAPE SSS, INC. Moo,ittetatnc . This agreement is the Fourth Amendment to the landscape maintenance services agreement for Cit parks between the City of Rancho Palos Verdes ("City") and Marina Landscape , inc. ("Contractor") dated June 7, 2011 ("Agreement"). The First Amendment, which was effective July 1, 2014, extended the term by one year. The Second Amendment to the Agreement which was effective as of July 1, 2015 extended the term of the Agreement for an additional year. The Third Amendment to the Agreement which was effective as of August 24, 2015 expanded the scope of work for trash removal and Litter & Debris Collection. The Fourth Amendment to the Agreement is effective as of August 3, 2016 and is being made to extend the term of the Agreement and increase the monthly compensation. Section 1. Section 4 of the Agreement is hereby amended to read as follows: "Term. This Agreement shall commence on July 1, 2011, and shall remain in effect until the tasks described herein are completed to the City's satisfaction and approval, but in no event later than January 31, 2017, unless sooner terminated pursuant to Section 5 of this Agreement." Section 2. Section 2 of the Agreement is hereby amended to read as follows: "Compensation. In consideration of the services rendered hereunder, Contractor shall be paid a not to exceed monthly amount of$19,791.47 (Nineteen Thousand Seven Hundred and Ninety One Dollars and Forty Seven Cents) in accordance with the prices as submitted in the Contractor's Proposal, and the Contractors Proposal for contract extension for Right of Ways, Parks, Trails and Open Spaces, attached hereto as Exhibits "A" & "B" and incorporated herein by this reference. Section 3. Except as expressly amended by this Fourth Amendment to the Agreement, all of the other provisions of the Agreement, as amended, shall remain in full force and effect. A-1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY OF RANCHO PALOS VERDES ("CITY") By: Mayor ATTEST: ii.d, 94/„,f,,A__ City Clerk MARINA LANDSCAPE 1'4 OTEV(+NLt INC. Signature: Printed Name: .€411 Title: & t) Signature: OAl, / ,misprir Printed Name: '4 t, Title: Ass-k-, .-cGrA A-2 &I4yCO THIRD AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS BETWEEN THE CITY OF RANCHO PALOS VERDES AND MARINA LANDSCAPE , INC. MAI orteriftsca. This agreement is the Third Amendment to the landscape maintenance services agreement for City parks between the City of Rancho Palos Verdes ("City") and Marina Landscape Services, Inc. ("Contractor") dated June 7, 2011 ("Agreement"). The First Amendment, which was effective July 1, 2014, extended the term by one year. The Second Amendment to the Agreement which was effective as of July 1, 2015, extended the term of the Agreement for an additional year. This Third Amendment is effective as of August 24, 2015 and is being made to expand the scope of work for Trash Removal and Litter& Debris Collection. Section 1. Section 2 of the Agreement is hereby amended to read as follows: "Compensation. In consideration of the services rendered hereunder, Contractor shall be paid a not to exceed amount of two hundred and twenty-three thousand, ninety- one dollars and twenty-four cents ($223,091.24) in accordance with the prices as submitted in the Contractor's Proposal, and the Contractors Proposal for expanded trash and debris removal services for Right of Ways, Parks, Trails and Open Spaces, attached hereto as Exhibits A and B and incorporated herein by this reference." Section 2. Section 12 of the Technical Special Provisions of the City of Rancho Palos Verdes Bid Document for Landscape Maintenance Services for the City of Rancho Palos Verdes Parks, which are incorporated into the Agreement by reference, is hereby amended to read as follows: "12 GENERAL CLEAN-UP 12.01 Contractor shall perform at his sole expense the following services: a. Trash Removal. Remove trash from all assigned receptacles and replace trash bags(Trash bags provided by Contractor)once, daily, Monday through Friday, and twice daily on Saturdays, Sundays and designated Holidays. This effort shall include policing of the grounds served by the trash receptacles, to include the entire extent of the area within the Contractor's area of responsibility. In addition, pet feces are to be removed from walkways located within assigned sites. 1. Contractor shall fill all pet waste bag dispensers as needed to ensure an adequate supply of pet waste bags are available for public use at all times (bags City provided). b. Litter and Debris Collection. All Parks and Right of Way areas within the Contractor's area of responsibility shall be patrolled for litter and debris daily. Contractor shall respond to calls to collect litter and debris within all City Parks, Open Spaces and Rights of Way within 24 hours of notification. i. Performance Standards a). Upon completion of trash and debris removal from a given location, the site shall be free of all trash and debris. b). No trash or debris shall remain at a given location for greater than 24 hours. c). Performance shall be documented by City employees by photographic means. Photographic evidence of specific trash or debris at a given location in excess of the 24- hour time period established, shall constitute a non-conformance with the Specification and shall result in the City withholding and or deducting payment to such extent as may be necessary to protect the City from loss due to work required in the Scope of Work, which is defective, incomplete or not performed. These actions shall not be construed a penalty but as an adjustment of payment to the contractor for only the work actually performed, or as the cost of the City for inspection and other related costs from the failure of the Contractor to complete the work according to schedule. In the event the Contractor determines that specific litter or debris cannot be collected within the allotted 24-hour period, due to the volume or nature of the debris, the Contractor shall notify the Maintenance Superintendent in writing prior to the expiration of the initial 24-hour period; listing the location, type of liter or debris, reason for the delay, and provide the Maintenance Superintendent with No Later Than (NLT) date and time for the collection of the material." Section 3. Except as expressly amended by this Third Amendment to the Agreement, all of the other provisions of the Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. [signatures begin on next page] IA Pt t N1-6141)LC CITY OF RANCHO PALOS VERDES MARINA LANDSCAPE SININIONS, INC. ("CITY") By: i" , , ‘t dy: Ma or Printed Name: 1Zob-e.vk 13. (Man ATTEST: Title: f res;-ickein+— .0 BY: , ./ _AW Pd. i -/ '14 /' '224 / City "lerk By: `4100° APPROVED AS TO FORM: Printed Name: 1 (G ,i ga Title: - . ILL. A By: City Attorney 5 ABC EXHIBIT A PROPOSAL THE CITY OF RANCHO PALOS VERDES LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OF RANCHO PALOS VERDES PARKS TO THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES The undersigned,as bidder,declares that; (1)this proposal is made without collusion with any other person,firm or corporation,and that the only persons or parties interested as principals are those named herein;(2)bidder has carefully examined the project plans,specifications, instructions to bidders,proposal,notice to contractors and all other information furnished therefore and the site of the proposed work; (3) bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore,bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees,in the event this contract be awarded to bidder, to enter Into a contract with the CITY COUNCIL of the CITY OF RANCHO PALOS VERDES,to perform said proposed work in accordance with the plans,if any,and the terms of the specifications, in the time and manner therein prescribed, and to furnish or provide ail materials,labor, tools, equipment, apparatus and other means necessary so to do,except such thereof as may otherwise be furnished or provided under the terms of said specifications,for the following stated unit prices or lump-sum price as submitted on the Schedule attached hereto: The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. Accompanying this proposal is '&OF (Insert"$..j O' 4a $`iP cash,""Cashier's Y 9 Check,""certified check,"or"Bid Bond,"as the case may be)In the amount equal to at least ten percent(10%)of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Sheets. • / The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter,defaults in executing the required contract,with necessary bonds and documents,within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature,the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void. Licensed in accordanc: rw an act providing for the regis atio o contractors, California Contractor's License N• '.,Class45,(.ti,4 Expiration Date, 6&' Signature(s)of bidder: �' iv6 ..r b If an individual,so state. If a firm or co-partnership,state t m name and give the names of all individual co-partners composing the firm. if a corporation,state legal name of corporation,also names of president,secretary,treasurer,and manager thereof. Two notarized officer's signatures and the corporate seal are required for corporations. P- ■ /11Legal Business Name: AA .1)Jk1-444W-Alt Address: tOOO 4- 1-606 Atat1/44644., CAA Mx) Telephone:1 4D Contact: - �► Proposals,which do not show the number and date of the Bidder's License under the provisions of Chapter 9 of Division 3 of the Business&Professional Code,will be rejected. To be submitted with each bid to contract for The City of Rancho Palos Verdes landscape Services for The City of Rancho Palos Verdes Parks. Bid Date Z This information must include all construction work undertaken in the State of California by the bidder and partnership joint venture or corporation that any principal of the bidder participated In as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership,joint venture, corporate or Individual bidder. The bidder may attach any additional information or explanation of data which bidder would like to be taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. P-2 PRICING CONTINUED Pricing and Billing Schedule Detail Please list the various skill levels and hourly costs to be used in performing the work required in the specifications for annual landscape maintenance. These rates will not be used in evaluating the bid,but may be used in evaluating cost estimates for additional work requested by the City under this contract. Skill',eve' Hourly cost After hour emergency rate is Irrigation specialist �_�.�.... 41= e o 0 Irrigation assistant 10 Certified Arborist PK/ att) Laborer 021.4.12 Cl Crew foreman 16 TO Supervisor eto Chemical applicator 0,6 710 Please list the unit cost, EXCLUDING part cost,for the following tasks. These rates will not be used in evaluating the bid,but may be used in evaluating cost estimates for additional work requested by the City under this contract. All irrigation pipe repairs are required to be schedule 40 pipe. Task Unit cost Repair irrigation lateral leak pipe(10-feet)and two fittings kif Repair irrigation main line break(10-feet)of pipe and three fittings 41b0 Replace broken irrigation pipe-10'section sch.40 pipe #*lb Replace sprinkler and nozzle head-Rain Bird 1800 series /' p Replace sprinkler head rotor and nozzle-Hunter 1-25 /SO p Replace irrigation controller-Rain Master Eagle I with SSE "444�5 b A � 9 Replace remote control valve 1-1/4-inch superior 950DW 17 Replace remote control valve 1-1/2 inch superior 9500W t N Replace remote control valve 2-inch superior 950DW 402 1 -4 STAFF AND EQUIPMENT Provide information on the certified arborist, chemical applicator, irrigation specialist, crew foreman,including name,certification and whether staff or subcontractor. Staff grade and skill level Number of staff V 14-1t7r- G4b AI- Z�.,YCR g.vitAit., Lo' .i o,c...C..G.A. CrAtc. to*IttAt tor.45r4 SIVV*Apris.)0 O mort & e.4v ) 'ACL T- bit44,2 111/4)1(-1-ti avt6 , Ctier ffiw n t3rnt. (0bJ l+; Equipment Make and rnodgl Description Number PlidWatd EWA- Art-MAW Pw6 INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information: (Additional sheets may be attached if necessary.) (1) Address: Q S. 1'a (2) Telephone: E1LO 't 6 :C2 (3) Type of firm-individual,Partnership,or Corporation: (4) Corporation or anized under the laws of the State of CALA (5) Contractor's license number and class: • (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation: _J ' F. ..J ,.c .l .514.ijr•pti0J _CA717 • -r (7) Number of years experience as a contractor in construction work n (8) List at least five similar projects completed as of recent date; Contract Amount Clas of Work Date Com.leted ame Address of Owner &Telephone Number VlfAKSJ A- - a p-7 (9) List the name and address of such subcontractor who will perform work in or about the work of improvement and indicate what part of the work will be done by each such sub- contractor(if there are more than two sub-contractors,attach a separate sheet): NAME TYPE OF WORK ADDRESS License#&Class NAME, A TYPE OF WORK ADDRESS License#&Class (10) List the name of the person who inspected the site of the proposed work for your firm: MA4 KNStditAM. (11) NOTE: Upon request of the Redevelopment Agency, the bidder shall furnish evidence " showing a notarized financial statement,financial data,construction experience,or other Information. (12) Bidder shall be properly licensed in accordance with Business and Professional Code Section 7028 at the time of the Business and Professional Code shall be considered non- responsive and his bid shall be rejected. P-a • (f) Any compliance or noncompliance with subdivision(e)of this section,as added by Chapter 863 of the Statutes of 1989,shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee,officer,or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section,a telephone response by the board shall be deemed sufficient. Public Contract Code 20103.5: In all contracts subject to this part where federal funds are involved,no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However,at the time the contract is awarded,the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verities to the agency that the records of the Contractor's State License Board indicate that the contractor was properly licensed at the time the contract was awarded, Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: 41•q6ttettsi- Class: M,CZ...1)(i C.C4c2in �. Expiration Date: 501.- Date: WISA ZD it Signature: P-10 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Record Last Five(5)Full Years: r y__ , Year of Record 200S0 20/2120 a 20041 201Q Total Current Year 1. No.of contracts 9 r7 15 "7'` 4'Z- 61 0 Z lar losia. 2. Total dollar amount of contracts(in Z,tyl-�,, 3 i yZ zit ?COOa 1 (4416% thousands of$) *3. No.of fatalities 0 0 0 () 0 0 1 4, No.of lost workday cases t I ( '3 *5. No.of lost workday cases involving permanent transfer to another job or G f t 12- ct t 4..i I termination of employment The information required for these items is the same as required for Columns 3 to 6,Code 10,Occupational Injuries,Summary-Occupational Injuries and Illnesses No.102. The above information was compiled from the records that are available to me at this time, _ • declare under penalty of perjury that the information is true and accurate within the limitations of those records. >NKt..� Lfe INC.. �;`. . Name of Bidder(print) Si• attire jy.y0 S• (,'SVSki, � -f V2.. /116,C1l)Gni 661 9 VI Address State Contractor's Lic.#&Classification itp.Tit46VA, i LA Ck ct-'6C00 City Zip Code Telephone P-I2 "Principal" "Surety" _ arina t..� � cape,Inc. Berkley Regional Insurance Company Z ,- eto,r,,,__. (9, s c.thusgA COhnkt,)16-01,11KAPcIts Mat.��w J.Coats,Attorney in Fact By: By:. Its Its (Seat) (Soot) Note: This bond must be dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney.in-fact must be attached. • SlCO2-16 Revised 2.9.04 , 0 0 j CALIFORNIA -41 ALL-PURPOSE ACKNOWLEDGEMENT 0 0 0 State of California g County of _ Orange i MAY 1 8 2011 f Adelaide C. Hunter,Nota Public On be•rerne, �,. ... d personally appeared (insert name and title of the officer) ersonall Matthew J.Coats , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/ire subscribed to the within instrument and acknowledged to me that h executed the same in his/ authorized capacity(ics),and that by hisfher/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument, y 0 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. �o � r 0 WITNESS my hand and officialseal. :� LAI h ,+ ADEDE C.HUNTER 1 �`_ Commission a 1806793 P'p� ,,�� Notary Public-•Calitornii Signature \-�?' Orange County LM ; A, 12 8'n j j NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code 7106] State of California ss. County of LoS ANGIEMS } • :.J ,being first duly sworn,deposes and says that he or she is of the party making the foregoing bid,that the bid is not made In the Interest of,or on behalf of,any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired, connived,or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding;that the bidder has not in any manner, directly or indirectly, sought by agreement, communication,or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead,profit,or cost element of the bid price,or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly,submitted his or her bid price or any breakdown thereof,or the contents thereof, or divulged information or data relative thereto,or paid Ind will not pay,any fee to any corporation, partnership,company association,organization,bid ••pository,or to any member or agent thereof to effectuate a collusive or sham bid. Signature Subscribed and sworn to before me on AnNiV (Date) (Notary Sear) Signature Notary Public SPCO2-t 6 Revised 2.9.04 • P-15 EXHIBIT B MARINA* Gyowing July 13,2015 City of Rancho Palos Verdes Attn:Sean Larvenz Rancho Palos Verdes,CA.90275 The following is the detailed hourly rates for the expanded trash and debris removal services for Right of Ways,Park Trails and Open Spaces: • Standard Hourly Rate $24.50 • Overtime Hourly Rate $36.75 • Double Time Hourly Rate $49.00 Authorized Signature Darin Sherlock NOTE:Marina may withdraw this proposal if not Accepted within 30 days. MARINA LANDSCAPE,INC. 1900 S.Lewis Street•Anaheim,CA 92805 p 714 939.6600 f 714.935,1199 w marineco.com*License#492882,A,8,C27,C36 I1I39064 • ,l t„ 101 .A ifte* State of California ,• r Secretary of State scIA. . Statement of information .(Domestic Stock and Agricultural Cooperative Corporations) FEES(Filing and Disclosure):$25.00.If amendment,see instructions. IMPORTANT-READ INSTRUCTIONS BEFORE COMPLETING THIS FORM 1. CORPORATE NAME In o co of the Secretary of State Marina Landscape, Inc. of the State of California AUG 2 9 2011 J This Spate for Filing Use Only Due Data: Complete Addresses for the Following(Do not abbreviate the name o the city. Items 2 and 3 cannot be P.O.Boxes.) 2. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE. . 1900 S.Lewis St. Anaheim CA 92805 3. STREET ADDRESS OF PRINCIPAL BUSINESS IN CALIFORNIA,IF ANY CITY STATE ZIP CODE 1900 S.Lewis St. Anaheim CA 92805 4. MAILING ADDRESS OF THE CORPORATION,IF DIFFERENT THAN ITEM 2 CITY STATE ZIP CODE Names and Complete Addresses of the Following Officers (The corporation must list these three officers.A comparable title for the specific officer ma be added;however,the.reprinted titles on this form must not be altered.) 5. CHIEF EXECUTIVE OFFICER! ADDRESS CITY STATE ZIP CODE Robert B.Cowan 1900 S.Lewis St. Anaheim CA 92805 6. SECRETARY ADDRESS CITY STATE ZIP CODE Robert B.Cowan 1900 S. Lewis St. Anaheim CA 92805 T. CHIEF FINANCIAL OFFICER! ADDRESS CITY STATE ZIP CODE Teri Nguyen 1900 S.Lewis St. Anaheim CA 92805 Names and Complete Addresses.of All Directors,Including Directors Who are Also Officers(The corporation must have at least one director. Attach additional pages,if necessary.) _- 8. NAME ADDRESS CITY STATE ZIP CODE Robert B.Cowan 1900 S.Lewis St. Anaheim CA 92805 9. NAME ADDRESS CITY STATE ZIP CODE 10. NAME ADDRESS CITY STATE ZIP CODE 11, NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS,IF ANY: Agent for Service of Process (lf the agent is an individual,the agent must reside in California and Item•13 must be completed with a California street address(a P.O.Box is not acceptable). If the agent is another corporation,the agent must have on file with the California Secretary of State a certificate • rsuant to California Co 'orations Code section 1505 and Item 13 must be left blank.) 12. NAME OF AGENT FOR SERVICE OF PROCESS Robert B.Cowan 13. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA,IF AN INDIVIDUAL CITY STATE ZIP CODE 1900 S.Lewis St. Anaheim CA 92805 Type of Business 14. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION Landscape Construction 15. 8Y SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE,THE CORP*RATION CERTIFIES THE INFORMATION CONTAINED HEREIN,INCLUDING ANY ATTACHMENTS,IS TRUE AND CORRECT. 8/24/11 Robert B.Cowan President DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM TITLE '4111) '►. URE fSI-200 C (REV 10/2010) APPROVED BY SECRETARY OF STATE Resolution to Sign Contracts, Bid Documents and Bid Bonds Whereas,the Corporation requires an additional person as the Corporate Assistant Secretary for signing and executing the Contracts, Bid Documents, and Bid Bonds in the absence of the Secretary. Whereas, it would be desirous to have two (2)Assistant Secretaries available to sign Documents, be it: Resolved,that the CFO,Vice President, and Assistant Secretary of this Corporation be hereby authorized and empowered to sign Contracts, Bid Documents and Bid Bonds, in the name of and in behalf of this Corporation. The undersigned hereby certifies that he is the duly elected and qualified Secretary and the custodian of the books and records and seal of Marina Landscape, Inc., a corporation duly formed pursuant to the laws of the state of California and that the foregoing is a true record of a resolution duly adopted at a special meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above-named Corporation on August 29, 2014,and that said resolution is now in full force and effect without modification or rescission. In witness whereof, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above-named Corporation this 29th day of August, 2014. Robert B. Cowan,Secretary inE,, C ITYOF RANCHO PALOS VERDES CONTRACT EXECUTION ROUTING FORM In an effort to expedite the signature process,the"Contract Information Summary"section of this form must be completed and signed by the department requesting the contract. Once you have obtained the Vendor/Contractor Signatures on two originals and all required attachments, please send your completed contract package,including all attachments,to the City Clerk for signatures; please add a"sign here"tag on each original. Vendor/Contractor signature obtained on 7 ex.T 2'Oi5 DATE CONTRACT INFORMATION SUMMARY FROM: )7c'.'3i,C ale'Qrs Department: intc/iN TENANZ6- TYPE OF CONTRACT: Professional Services Public Project A/ Maintenance IF AMENDMENT TO EXISITING CONTRACT—OR N/A: )( Vendor/Contractor: fl Arc/Nfl LffitlOcS�i97?1—//7,444/�N il-NL'� //ve. Project Name: /, i ' pe— /4'/•4//Ure iU,4/�E" �42- f/T5/ Amount of Contract: $ Z Z,3�O 9/. Contract Term: /C) in OS Approved by Council? No(Not Required )( Yes S7tB//S (Date) ANY CHANGES TO CONTRACT TEMPLATE? : No Yes (Attachment) ATTACHMENTS: ,/Insurance Certificates(Required) � taff Report to City Council(Required if approved by Council) City Attorney Review Correspondence with Staff ✓Proposal/Bid Payment and Performance Bonds CITY CLERK Initialate Received 7A-L.S l�t��►��vl � Vl���) yl vvik �i�C /�1�iv��( ce-e-4* At7A/114, ��� lA�, 1 � CPI PrAvt. l�t Gft,vt &2 f 1��� frOfrvi2 • M,ti hfdS �� `1GMfrd'1L .4tiVkkiri � 7v � GIfrivAT.f.i,Z- 5.(44/WIAMA44/tmti<� 2, de2*.ktzyw ACORN® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 9/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edgewood Partners Insurance Center(EPIC) CONTANAME CT Roxanne Camping 19000 MacArthur Blvd. PH Floor PHONE FAX Irvine, CA 92612 (A/C.IL Ext): 949-417-9175 (ac,No): 949-809-2375 E-MAIL ADDRESS: rcamping@edgewoodins.com INSURER(S)AFFORDING COVERAGE NAIC# WWW.edgewoodins.Com INSURER A: Navigators Specialty Insurance Company 36056 INSURED INSURER B: Starr Indemnity&Liability Company 38318 Marina Landscape, Inc 1900 S. Lewis Street INSURER c: AGCS Marine Insurance Company 22837 Anaheim CA 92805 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 26649542 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD, POLICY NUMBER ,{MM/DD/YYYY) (MM/DD/YYYY) A ✓ COMMERCIAL GENERAL LIABIUTY ✓ ✓ LAI5CGL165896IC 8/1/2015 8/1/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE „/ OCCUR PREMISES(EaENTED occurrence) $ 50,000 „/ BI/PD Deductible:$10,000 MED EXP(Any one person) $ 5,000 ✓ Contractual Liability PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ✓ 78-f. LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY ✓ ✓ SISIPCA08270515 8/1/2015 8/1/2016 EOa aB,INdeD SINGLE LIMIT $) 1,000,000 • ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NAON-OWNED OS NED PROPERTY DAMAGE $ (Per accident) $2,000 Ded Comp&Coll $ A UMBRELLA LIAB v OCCUR SE15EXC820875IC 8/1/2015 8/1/2016 EACH OCCURRENCE $ 10,000,000 „/ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 I DED RETENTION$N1L $ B WORKERS COMPENSATION ✓ 1000001227D 8/1/2015 8/1/2016 ,/ STATUTE 0TH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YNN N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Equipment MXI93061089 8/1/2015 8/1/2016 Blanket Limit:$3,067,565 Leased/Rented Equipment Included Installation Floater Any One Site:$150,000 Deductible:$1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Job#18225,Landscape Maintenance Services for City Medians,Corridor Improvements,and Weed Abatement for Rights-of-Ways,Rancho Palos Verdes Right of Way.City of Rancho Palos Verdes is included as an additional insured as respects General Liability and Automobile Liability per the attached endorsement(s).Waivers of Subrogation apply to General Liability, Automobile Liability and Workers Compensation policies per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION Cityof Rancho Palos Verdes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN Attn: Emilio Blanco ACCORDANCE WITH THE POLICY PROVISIONS. 30940 Hawthorne Blvd. Rancho Palos Verdes CA 90275-0000 AUTHORIZED REPRESENTATIVE 17 /4.• (9 la4(ilt/. I Angela C.Rabbitt • ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 26649542 1 15/16 GL/AL/WC/EXC Master 1 Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) 1 Page 1 of 8 POLICY NUMBER:SISIPCA08270515 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WOF S This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named insure&Marina-Landscape, Inc Endorsement Effective Date:8/1/2015 SCHEDULE Name(s)Of Person(s)Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this,Schedule,if not shown,above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04441013 0 Insurance Services Office, Inc.,2011 Page 1 of 1 26649542 I 15/16 GL/AL/WC/EXC Master I Roxanne Camping 19/28/2015 1:26:51 PM (PDT) I Page 2 of 8 Marina Landscape, Inc POLICY NUMBER:.LA15CGL165896IC COMMERCIAL GENERAL LIABILITY CO 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization for whom you are performing "commercial construction"during the period of this policy and have agreed in a written contract to add as an additional insured for products-completed operations. "Commercial construction"does not include any habitational or residential construction other than hotels or apartments Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A.Section It•-Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III -Limits Of Insurance: with respect to liability for"bodily injury"or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement,the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1.The insurance afforded to such additional Insurance shown in the Declarations; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is Limits of Insurance shown in the Declarations. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ( Insurance Services Office, Inc., 2012 26649542 1 15/16 GL/AL/WC/EXC Master 1 Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) 1 Page 3 of 8 LAI5CGL165896IC 9/28/2015 IncMarina Landscape, COMMERCIAL GENERAL LIABILITY CG20380413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN W CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured: additional insureds, the following additional 1. Any person or organization for whom you are exclusions apply: performing operations when you and such This Insurance does not apply to: person or organization have agreed in writing 1. "Bodily injury", "property damage"or"personal in a contract or agreement that such person or and advertising injury" arising out of the organization be added as an additional insured rendering of, or the failure to render, any on your policy;and professional architectural, engineering or 2. Any other person or organization you are :surveying services,including: required to add as an additional insured under a. The preparing, approving, or failing to the contract or agreement described in prepare or approve, maps, shop drawings, Paragraph 1.above. opinions, reports, surveys, field orders, Such person(s) or organization(s) is an additional change orders or drawings and insured only with respect to liability for "bodily specifications;or injury", 'property damage" or "personal and b. Supervisory, inspection, architectural or advertising injury"caused, in whole or in part,by: engineering activities. a. Your acts or omissions;or This exclusion applies even if the claims against b. The acts or omissions of those acting on any insured allege negligence or other wrongdoing your behalf; in the supervision, hiring, employment, training or in the performance of your ongoing operations for monitoring of others by that insured, If the the additional insured. "occurrence" which caused the "bodily injury" or property damage", or the offense which caused However, the insurance afforded to such the "personal and advertising injury", involved the additional insured described above: rendering of, or the failure to render, any a. Only applies to the extent permitted by law; professional architectural, engineering or and surveying services. b. Will not be broader than that which you are 2. "Bodily injury" or "property damage" occurring required by the contract or agreement to after: provide for such additional insured. a. All work, including materials, parts or A person's or organization's status as an equipment furnished in connection with additional insured under this endorsement ends such work, on the project (other than when your operations for the person or service, maintenance or repairs) to be organization described in Paragraph 1. above are performed by or on behalf of the additional completed. insured(s) at the location of the covered operations has been completed;or CG 20 38 0413 ©Insurance Services Office, Inc.,2012 Page 1 of 2 26649542 1 15/16 GL/AL/WC/EXC Master 1 Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) 1 Page 4 of 8 b. That portion of"your work"out of which the 2. Available under the applicable Limits of injury or damage arises has been put to its Insurance shown in the Declarations; intended use by any person or organization whichever is less. other than another contractor or subcontractor engaged in performing This endorsement shall not increase the operations for a principal as a part of the applicable Limits of Insurance shown in the same project. Declarations. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.;or Page 2 of 2 ©Insurance Services Office, Inc.,2012 CG 20 38 0413 26649542 1 15/16 GL/AL/WC/EXC Master 1 Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) 1 Page 5 of 8 Marina Landscape, Inc COMMERCIAL GENERAL LIABILITY POLICY NUMBER:LAI 5CGL165896IC - CG 24 04 05 00 WAIVER OF TRANSFER CSF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 1 26649542 1 15/16 GL/AL/WC/EXC Master 1 Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) 1 Page 6 of 8 1'kW" 04, *lirStarr Indemnity Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number:SISIPCA08270515 Effective Date:8/1/2015 Named Insured:Marina Landscape, Inc ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This policy is amended as follows: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED"AUTO" I. SECTION II —LIABILITY COVERAGE A. Coverage, 1. Who is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. SICA 1016 (02/12) Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. 26649542 1 15/16 GL/AL/WC/EXC Master I Roxanne Camping I 9/28/2015 1:26:51 PM (PDT) I Page 7 of 8 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2•0 % of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization to whom you become obligated to waive Where required by contract your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective:8/1/2015 Policy No.:1000001227D Endorsement No.: Insured:Marina Landscape, Inc Premium: 9 (i Insurance Company: Starr Indemnity&Liability Co. Countersigned by: WC 04 03 06 (Ed. 04-84) Page 1 of 1 26649542 1 15/16 GL/AL/WC/EXC Master 1 Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) 1 Page 8 of 8 • SECOND AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS BETWEEN THE CITY OF RANCHO PALOS VERDES AND MARINA LANDSCAPE MAINTENANCE, INC. This agreement is the Second Amendment to the landscape maintenance services agreement for City parks between the City of Rancho Palos Verdes ("City") and Marina Landscape Maintenance, Inc. ("Contractor") dated June 7, 2011 ("Agreement"). The First Amendment, which was effective July 1, 2014, extended the term by one year. This Second Amendment to the Agreement is effective as of July 1, 2015 and is being made to extend the term of the Agreement for an additional year. Section 1. Section 4 of the Agreement is hereby amended to read as follows: "Term. This Agreement shall commence on July 1, 2011, and shall remain in effect until the tasks described herein are completed to the City's satisfaction and approval, but in no event later than June 30, 2016, unless sooner terminated pursuant to Section 5 of this Agreement. Additionally, there shall be one (1) one-year option 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." Section 2. Except as expressly amended by this Second Amendment to the Agreement, all of the other provisions of the Agreement, as amended by the First Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY OF RANCHO PALOS VERDES ("CITY") By: Aifi/4.4_41.„fre ATTEST' 1 Two By: City Clerk 1720362 r. • MARINA LANDSCAPE MAINTENANC , INC. Signature: ifN Printed Name: Flo sea Cowan Title: President /Agi Signature: , . 441! Printed Name: F019&fr FD , (6\kan Title: ___Sette,t'j(�, 1720362 •t • FIRST AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS BETWEEN THE CITY OF RANCHO PALOS VERDES AND MARINA LANDSCAPE SERVICES, INC. This agreement is the first amendment to the landscape maintenance services agreement for City parks between the City of Rancho Palos Verdes ("CITY") and Marina Landscape Services, Inc. dated June 7, 2011 ("Agreement"). This first amendment to the Agreement is effective as of July 1, 2014 and is being made to extend the term of the Agreement for one year. Section 1. Section 4 of the Agreement is hereby amended to read as follows: Term. This Agreement shall commence on July 1, 2011, and shall remain in effect until the tasks described herein are completed to the City's satisfaction and approval, but in no event later than June 30, 2015, unless sooner terminated pursuant to Section 5 of this Agreement. Additionally, there shall be two (2) one-year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less. Section 2. Except as expressly amended by this first amendment to the Agreement, all of the other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY OF RANCHO PALOS VERDES ("CITY") • 1°7 k 110 ayor ATTEST: By: , _..._,..�....: City Clerk 1720362 0-14 MARINA LANDS APE SERVICES, IN, . Signature: IL Printed Name: take:dacib21 Title: C-Z(2:-Q5- -c-- i Signature: 4`-11'Name: -QpnTl-b.0014,11 Title: 1720362 0-15 yf • 41P CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OF RANCHO PALOS VERDES PARKS THIS AGREEMENT is made and entered this l 5 day of ZL 1 ,2011,by and between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City," and MLauds cop referred to as"Contractor." In consideration of the mutual covenants hereinafter set forth,the parties hereto agree as follows: 1. Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials for the project identified as LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OF RANCHO PALOS VERDES PARKS, as described in the Bid Documents(including Notice to Contractors, Instructions to Bidders, General Provisions, Special Provisions, Technical Special Provisions, Proposal, Contract, and Exhibits), which are attached hereto as Exhibit "A" and incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be performed in a good and workmanlike manner, under the terms as stated herein and in the Bid Documents. Such work shall also be performed in accordance with the 2009 edition of the Joint Cooperative Committee,Southern California Chapters of the American Public Works Association and the Associated General Contractors of America document,including the 2011 Cumulative Supplement, collectively entitled"Standard Specifications,"which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any of the above-referenced documents, the terms of this Agreement shall be controlling. 2. Compensation. In consideration of the services,rendered hereunder,Contractor shall be paid a not to exceed amount of y , r-, f ,, , , - - 'Stars($ tQO,359,24 )in accordance with the prices as submitted in Contractor's Propo al,attached hereto as Exhibit"B"and incorporated herein by this reference. The City shall compensate Contractor as stated in this Agreement and in Exhibit"A." 3. Payments.City shall make payments within thirty(30)days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable,but not later than seven(7)days after receipt, and shall explain in writing the reasons why the payment request is not proper. 4. Term.This Agreement shall commence on J'c.4 l 1 ,2011 and shall remain in effect until the tasks described herein are complete e City's satisfaction and approval,but in no event later than jut vt e 3 O ,201,7u-A - s sooner terminated pursuant to Section 5 of this Agreement. Additionally,there shall be three(3)one-year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date,the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six(6)months or until renewed or awarded to a new contractor,whichever is less. 5. Termination. This Agreement may be terminated by the City at any time with or without cause without penalty upon thirty(30)days'written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination,and such payment shall be in full satisfaction of all services rendered hereunder. 6. Time. Time is of the essence in this Agreement. 7. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in C- 1 • 0 7. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in Contractor's cost of or time required for performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City") shall govern the procedures of the claim process, and the provisions of Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter 3.24 are incorporated herein. 8. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 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, pursuant to Government Code Section 8546.7, 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. Antitrust Claims. Pursuant to Public Contract Code Section 7103.5, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 11. Utilities. Pursuant to Government Code Section 4215, the City acknowledges its responsibilities with respect to locating, relocating, removing or protecting utility facilities on the site of the Project, if it entails construction and such utilities are not identified by the City in writing by the time of execution of this Agreement. The City shall compensate Contractor for the costs of relocating and repairing damage not due to Contractor's failure to exercise reasonable care, removing or relocating such utility facilities not indicated in writing with reasonable accuracy, and equipment on the Project necessarily idled during such work. The City shall not assess liquidated damages to the Contractor for delay in completion of the Project when such delay was caused by the owner of the utility to provide for removal or relocation of such utility facilities. C-2 • 12. Location of Existing Elements. Pursuant to Government Code Sections 4216 to 4216.9, 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. 13. 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 subsection. Each party shall advise the other promptly in writing in accordance with Section 29 of this Agreement and Section 9 of the General Provisions in Exhibit "A" of each such excusable delay, its cause and its expected delay, and shall upon request update such advice. 14. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of the City or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 15. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's work. 16. Workers' Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3 700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under take self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." C-3 • 0 17. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local regulations and ordinances. 18. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. 19. Bonds. Contractor shall obtain faithful performance and payment bonds as required by law, and nothing in this Agreement shall be read to excuse this requirement. The documents titled Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. 20. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Contractor "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. 21. 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. 22. Applicable Law. Should either party to this Agreement bring legal action against the other, 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. 23. 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. 24. 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. 25. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 26. 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. 27. 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 C-4 • 0 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. 28. 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. 29. Notice. Except as otherwise required by law, any notice or other communication required or permitted to the City shall not be effective unless it is given in writing and shall be delivered (a) in person or (b) by certified mail, postage prepaid, and addressed to the City at the address stated below, or at such other address as the City may hereafter notify Contractor in writing: To CITY: Mr. Ray Holland, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 The address given in the Contractor's Proposal is the place to which all notices to the Contractor shall be mailed or delivered. Contractor shall notify the City of any change of address until the expiration of this Agreement. If sent by mail, any notice or other communication shall be deemed effective three (3) business days after it has been deposited in the United States mail. For purposes of communicating these time frames, weekends and federal, state, County of Los Angeles or City holidays shall be excluded. [signatures on next page] C-5 IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. City Clerk CITY OF fJ O PALOS V RDES By: CONT By: Printed Name:hag:i&N"--b -0,01/41 Date: 1 \ Mayor TOR: C-6 OLD HARMLESS AGREEMENT GAMIN, AND CONTRIBUTION C• &mit' erise„.:.. defend, protect, subcontrnetors. arise or CalitaggiiialtPCMFOL orgons.:::ionifotme**kOr .3s tet against ... n: to to re under indemnity p *sion, eranit s iridemnification prop shall be construedto � c�(a) Indemnitees' sots the': , :: underlying is subjectto Civil C • r toextent that the r::l`der :. greernent seffective without � :f encs to the existence required ' '' a the .Agreement or any additional insure ution : opt .............,..:..:... ... foie under indeaumw demeitete ,.:. n °thin instrument misconduct to contracting :: 782 This Rte :: �: whi .: may h afi righty ot subrogation imm al claims, on behalf of the Indemnitor a st Indemnitees, while actmg within the scope of the incident to activities or operations p erformr ►:: : i:: � �t, or subsequent active or passive negligenceby the Indemnitees. one pawn or entity nam in the Apeement as an Indetor, then all obligati katitms wider instnarant shall be joint and several. 1..x'1 t;ASC.CE,'.W, (t�(AAP Name RC) RICHARD 0 & GERSHON 1692 021026 0/10 02014412 Page 1 of 1 By: Its (I- 3 INDEMNIFICATION 8 HOLD HARMLESS/ WAIVER OF SUBROGATION & CONTRIBUTION