Ron's Maintenance Inc (2013) . . ,
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CITY OF RANCHO PALOS VERDES
MAINTENANCE AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered this 4th day of November, 2013, by and
between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City")
and Ron's Maintenance, Inc ("Contractor").
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as
follows:
1. Scope of Services. Contractor shall perform the work and provide all labor, materials,
equipment and services in a good and workmanlike manner for the project identified as
Municipal Storm Drain Catch Basin Maintenance ("Project"), as described in this
Agreement and in the following documents: Contractor's Proposal, which is attached
hereto as Exhibit "A" and incorporated herein by this reference; Catch Basin Cleaning
Services for Rancho Palos Verdes Description of Services, which is attached hereto as
Exhibit "B" and incorporated herein by this reference; City of Rancho Palos Verdes
Catch Basin Cleaning Standard, which is attached hereto as Exhibit "C" and
incorporated herein by this reference; and all addenda as prepared prior to the effective
date of this agreement setting forth any modifications or interpretations of any said
documents, which are attached hereto as Exhibit "D" and incorporated herein by this
reference. All work shall be performed in accordance with the latest edition of the
Standard Specifications for Public Works Construction (commonly known as the
"Greenbook"), including supplements, prepared and promulgated by the Southern
California Chapter of the American Public Works Association and the Associated
General Contractors of California (collectively "Standard Specifications"), which is
incorporated herein by this reference. In the event of any conflict between the terms of
this Agreement and incorporated documents, the terms of this Agreement shall control.
2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and
accepted by the Contractor, shall be paid for under written work order in accordance with
the terms therein provided. Payment for extra work will be made at the unit price or lump
sum previously agreed upon in writing between the Contractor and the Director of Public
Works. All extra work shall be adjusted daily upon report sheet furnished by the
Contractor, prepared by the Director of Public Works, and signed by both parties, and
said daily report shall be considered thereafter the true records of extra work done.
3. Term. This Agreement shall commence on November 4, 2013, and shall remain in effect
until the tasks described herein are completed to the City's approval, but in no event
later than June 30, 2014, unless sooner terminated pursuant to Section 11 of this
Agreement.
4. Time. Time is of the essence in this Agreement.
5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in
performance under this Agreement due to causes beyond its control, including but not
limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or
other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight
embargoes, unusually severe weather, and supplier delays due to such causes. Neither
economic nor market conditions nor the financial condition of either party shall be
considered a cause to excuse delay pursuant to this Section. Each party shall notify the
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other promptly in writing of each such excusable delay, its cause and its expected delay,
and shall upon request update such notice.
6. Compensation. In consideration of the services rendered hereunder, City shall pay
Contractor a not to exceed amount of twenty five thousand dollars ($25,000) in
accordance with the unit prices as submitted in Exhibit "A."
7. Payments. Contractor shall submit monthly invoices for the percentage of work
completed in the previous month. City agrees to authorize payment for all undisputed
invoice amounts within thirty (30) days of receipt of each invoice. City agrees to use its
best efforts to notify Contractor of any disputed invoice amounts or claimed completion
percentages within ten (10) days of the receipt of each invoice. However, City's failure
to timely notify Contractor of a disputed amount or claimed completion percentage shall
not be deemed a waiver of City's right to challenge such amount or percentage.
Additionally, in the event City fails to pay any undisputed amounts due Contractor within
forty-five (45) days after invoices are received by City, then City agrees that Contractor
shall have the right to consider said default a total breach of this Agreement and be
terminated by Contractor without liability to Contractor upon ten (10) working days
advance written notice.
8. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension
and other taxes imposed by local, State of California and federal law. These payments
are included in the total amounts in Exhibit "A."
9. Audit. The City or its representative shall have the option of inspecting and/or auditing all
records and other written materials used by Contractor in preparing its billings to the City
as a condition precedent to any payment to Contractor. Contractor will promptly furnish
documents requested by the City. Additionally, Contractor shall be subject to State
Auditor examination and audit at the request of the City or as part of any audit of the
City, for a period of three (3)years after final payment under this Agreement.
10. Unresolved Disputes. In the event of any dispute or controversy with the City over any
matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but
shall proceed with the performance of the work in dispute. Rancho Palos Verdes
Municipal Code chapter 3.24 ("Claims Against the City") shall govern the procedures of
the claim process, and these provisions are incorporated herein by this reference.
11. Termination. This Agreement may be canceled by the City at any time with or without
cause without penalty upon thirty (30) days' written notice. In the event of termination
without fault of Contractor, City shall pay Contractor for all services satisfactorily
rendered prior to date of termination, and such payment shall be in full satisfaction of all
services rendered hereunder.
12. Indemnity.
a. Contractor's Duty. To the maximum extent permitted by law, Contractor shall
defend, indemnify, and hold the City, its elected officials, officers, employees,
volunteers, agents, and those City agents serving as independent contractors in
the role of City officials (collectively "Indemnitees") free and harmless from and
against any and all claims (including, without limitation, claims for bodily injury,
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death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses,judgments, fines, penalties, liabilities, costs and expenses
of every kind and nature whatsoever, in any manner arising out of or incident to
the performance of the Agreement, including without limitation, the payment of all
consequential damages, attorneys' fees, experts' fees, and other related costs
and expenses (individually, a "Claim," or collectively, "Claims"). Further,
Contractor shall appoint competent defense counsel approved by the City
Attorney at Contractor's own cost, expense and risk, to defend any and all such
Claims that may be brought or instituted against Indemnitees. Contractor shall
pay and satisfy any judgment, award or decree that may be rendered against
Indemnitees in any such Claim. Contractor shall reimburse Indemnitees for any
and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Contractor's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by
Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of
whether any insurance policies are applicable.
b. Civil Code Exception. Nothing in Section 12(b) shall be construed to encompass
Indemnitees' sole negligence or willful misconduct or the City's active negligence
to the limited extent that the underlying Agreement is subject to Civil Code
section 2782.
c. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they
may possess against Contractor because the acceptance by City, or the deposit
with City, of any insurance policy or certificate required pursuant to this
Agreement.
d. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties
claiming under or through it, hereby waives all rights of subrogation against the
Indemnitees, while acting within the scope of their duties, from all Claims arising
out of or incident to the activities or operations performed by or on behalf of the
Contractor.
e. Survival. The provisions of this Section 12 shall survive the termination of this
Agreement and are in addition to any other rights or remedies that Indemnitees
may have under the law. Payment is not required as a condition precedent to an
Indemnitee's right to recover under this indemnity provision, and an entry of
judgment against a Contractor shall be conclusive in favor of the Indemnitee's
right to recover under this indemnity provision.
13. Incorporation by Reference. All of the following documents are attached hereto and
incorporated herein by this reference: City of Rancho Palos Verdes Instructions for
Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes
Public Works Contract; Workers' Compensation Certificate of Insurance; Additional
Insured Endorsement (Comprehensive General Liability); Additional Insured
Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess
Liability).
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14. Independent Contractor. Contractor is and shall at all times remain, as to the City, a
wholly independent contractor. Neither the City nor any of its agents shall have control
over the conduct of Contractor or any of the Contractor's employees, except as herein
set forth, and Contractor is free to dispose of all portions of its time and activities which it
is not obligated to devote to the City in such a manner and to such persons, firms, or
corporations at the Contractor wishes except as expressly provided in this Agreement.
Contractor shall have no power to incur any debt, obligation, or liability on behalf of the
City, bind the City in any manner, or otherwise act on behalf of the City as an agent.
Contractor shall not, at any time or in any manner, represent that it or any of its agents,
servants or employees, are in any manner agents, servants or employees of City.
Contractor agrees to pay all required taxes on amounts paid to Contractor under this
Agreement, and to indemnify and hold the City harmless from any and all taxes,
assessments, penalties, and interest asserted against the City by reason of the
independent contractor relationship created by this Agreement. Contractor shall fully
comply with the workers' compensation law regarding Contractor and its employees.
Contractor further agrees to indemnify and hold the City harmless from any failure of
Contractor to comply with applicable workers' compensation laws. The City shall have
the right to offset against the amount of any compensation due to Contractor under this
Agreement any amount due to the City from Contractor as a result of its failure to
promptly pay to the City any reimbursement or indemnification arising under this Section.
15. Prevailing Wages. City and Contractor acknowledge that this project is a public work to
which prevailing wages apply. The Agreement to Comply with California Labor Law
Requirements is attached hereto and incorporated herein by this reference. Eight hours
of labor constitutes a legal day's work.
16. Workers' Compensation Insurance. California Labor Code Sections 1860 and 3700
provide that every contractor will be required to secure the payment of compensation to
its employees. In accordance with the provisions of California Labor Code Section 1861,
the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
under take self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performance of the work
of this contract."
17. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any
individual based on race, color, religion, nationality, gender, sex, sexual orientation, age
or condition of disability. Contractor understands and agrees that it is bound by and will
comply with the nondiscrimination mandates of all statutes and local ordinances and
regulations.
18. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred
throughout the duration of this Agreement. Contractor shall not perform work with
debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7.
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19. Compliance with Laws. Contractor shall comply with all applicable federal, state and
local laws, ordinances, codes and regulations in force at the time Contractor performs
pursuant to this Agreement.
20. Payment Bond. Contractor shall obtain a payment bond in an amount that is not less
than the total compensation amount of this Agreement, and nothing in this Agreement
shall be read to excuse this requirement. The required form entitled Payment Bond
(Labor and Materials) is attached hereto and incorporated herein by this reference.
21. Contractor's Representations. Contractor represents, covenants and agrees that: a)
Contractor is licensed, qualified, and capable of furnishing the labor, materials, and
expertise necessary to perform the services in accordance with the terms and conditions
set forth in this Agreement; b) there are no obligations, commitments, or impediments of
any kind that will limit or prevent its full performance under this Agreement; c)there is no
litigation pending against Contractor, and Contractor is not the subject of any criminal
investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor
nor its personnel have been convicted of a felony.
22. Conflicts of Interest. Contractor agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12) months after completion of the
work under this Agreement which is or may likely make Contractor "financially
interested," as provided in Government Code Section 1090 and 87100, in any decisions
made by City on any matter in connection with which Contractor has been retained
pursuant to this Agreement.
23. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in
this Agreement nor any part thereof, whether by assignment or novation, without the
City's prior written consent. Any purported assignment without written consent shall be
null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify the
City and its officers, officials, employees, agents and representatives with respect to any
claim, demand or action arising from or relating to any unauthorized assignment.
24. Applicable Law. The validity, interpretation, and performance of this Agreement shall be
controlled by and construed under the laws of the State of California, excluding
California's choice of law rules. Venue for any such action relating to this Agreement
shall be in the Los Angeles County Superior Court.
25. Attorneys' Fees. If any legal action or other proceeding, including action for declaratory
relief, is brought for the enforcement of this Agreement or because of an alleged dispute,
breach, default or misrepresentation in connection with this Agreement, the prevailing
party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other
costs, in addition to any other relief to which the party may be entitled.
26.Titles. The titles used in this Agreement are for convenience only and shall in no way
define, limit or describe the scope or intent of this Agreement or any part of it.
27.Authority,. The person executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
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28. Entire Agreement. This Agreement, including any other documents incorporated herein
by specific reference, represents the entire and integrated agreement between City and
Contractor. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be modified or amended, nor
any provision or breach waived, except in a writing signed by both parties which
expressly refers to this Agreement.
29. Construction. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
30. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more
of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by the City
of any payment to Consultant constitute or be construed as a waiver by the City of any
breach of covenant, or any default which may then exist on the part of Consultant, and
the making of any such payment by the City shall in no way impair or prejudice any right
or remedy available to the City with regard to such breach or default.
31. Notice. Except as otherwise required by law, any notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed
received on (a) the day of delivery if delivered by hand or overnight courier service
during Contractor's or City's regular business hours or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses listed
below, or at such other address as one party may notify the other:
To CITY:
Mr. Les M. Jones, II, Interim Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONTRACTOR:
The address listed in Exhibit"A."
32. Counterparts. This Agreement may be executed in counterpart originals, duplicate
originals, or both, each of which is deemed to be an original for all purposes.
33. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
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•
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and
year first above written.
CITY OF RANCHO PALOS VERDES
By: edLA,640( ate_44.._/
Carolyn Lehr,
City Manager
Dated: //'" �r l3 //;014%Iiim44“. //Lc-
(" ONTRACTOR")
By: �e
Printed Name: A '*"t't /Vd/ Z4Z
Title: 7L.tiCe4/2e.02
By:
Printed Name:
Title:
ATTEST:
By:
a/A-C12/141f-gale--
City Clerk
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R6876-000111348971v1.doc Maintenance Agreement
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Exhibit"A": Contractor's Proposal
. Oct 2413 02:27p Ronnie Nor 8612418 p.2
CITY OF RANCHO PLAOS VERDES
MUNICIPAL STORM DRAIN CATCH BASIN MAINTENANCE
BID FORM
Bidder Name and Address. 6 nsv 4/"t7PZ
//59; Ho cie ilv'-
rf
Bidder Phone and E-mail: r2- 4' rztMier141tc ed( 66)
The undersigned hereby agrees to enter into a contract to furnish all labor, materials, equipment
and supplies for the project identified as MUNICIPAL STORM DRAIN CATCH BASIN
MAINTENANCE in accordance with the terms and specifications described herein, including
referenced attachments. Total bid price shall include all work as described herein, and on the
attached Description of Services, including attachments. Bid unit cost prices shall be guaranteed
for the duration of the contract. Generally the work is described as follows:
1) Contractor shall inspect, clear and dispose of all debris, and perform any required minor repairs
to catch basins within the jurisdiction of the City of Rancho Palos Verdes (City). The WORK
shall be completed prior to November 15, 2013. In addition, Contractor shall be available to
clean catch basins at the bid price at other times during the rainy season as directed by the City
and at a mutually agreeable time. Bid price for cleaning shall be on a per catch basin cost
basis for two types of catch basins: retrofitted and un-retrofitted. Legal disposal of all debris
shall be included in the unit cost for catch basin cleaning. The City may provide space at its
maintenance yard for the Contractor to store a roll-off bin. Any bin used in the City must be
provided and transported by one of the City's approved trash haulers. A list of the currently
approved haulers is included in this package.
2) Contractor shall provide and affix a "NO DUMPING" message to any catch basin without a
legible"NO DUMPING" message. Bid price for affixing of message shall be based on a per
catch basin cost.
3) Contractor shall provide documentation of catch basins cleaned on a form provided by the City,
a copy of which is attached. Contractor shall provide all load tickets for disposal of debris so
that the City can calculate the total weight of debris removed from the catch basins. Costs for
providing documentation is assumed to be included in cleaning cost and no further
compensation will be made therefore.
4) Contractor shall provide traffic control per the attached standards and obtain a no-fee City
Encroachment Permit. Bid price for obtaining the Encroachment Permit, including submission
of a traffic control plan for City review, and implementing traffic control for all mobilizations in
the year shall be paid on a lump sum basis, once per annum. Bid price for obtaining and
adhering any additional permits or licenses is assumed to be included in this line item and no
further compensation will be made therefore.
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• Oct 24 13 02:27p Ronnie Nor612418 p.3
MUNICIPAL STORM DRAIN CATCH BASIN MAINTENANCE
BID FORM
BASE BID SCHEDULE
# Bid Item Unit Unit Price Qty. Extended Price
1 Catch Basin (no retrofit) ea ig,d 520 G��D!� v 0
2 Catch Basin (retrofit) ea 21 s•O v 160 D
3 "No Dumping" Message I ea rfO
v 100 /1/Z"'O, D
0
4 Encroachment Permit 8 ' Is I
Traffic Control , t 4 _ _ _ ..-
BASE BID TOTAL$ /ii, / '‘ , 6-)� _
BASE BID TOTAL AMOUNT(IN WORDS) F,7,4,,,, ,k-I. _ I /
/
(1.-- W.-e_ held1,—gt..•.:e - ..,..': _, _ , I-... . __
By � 1p� � .V-e2v/3
Authorized Signature Date
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Exhibit"B": Catch Basin Cleaning Services for Rancho Palos Verdes
Description of Services
410 0
.
Catch Basin Cleaning Services for Rancho Palos Verdes
Description of Services
Scope
• Inspect and clean approximately 680 catch basins once prior to November 15th,
2013. Legally dispose of waste. (Maps of catch basin locations available);
• Provide additional cleanings of some catch basins as requested by City staff in
subsequent months;
• Approximately 91 of the catch basins are retro-fitted with filters. One of these is
also retrofitted with an ARS unit;
• Another 68 of the catch basins are retro-fitted with CPS screens;
• Provide "No Dumping" message where previous message is not legible;
• Log activities and document waste using approved forms;
• Provide Traffic Control per standards below, subject to approval of City's traffic
engineer, including obtaining necessary City and Cal-Trans permits.
Terms and Conditions
• Cleaning per City Standards (attached)
• Stencil per City Standard (attached)
• Sample log forms (attached)
• Prevailing wage work/ Payment Bond required in amount of base bid
• Traffic Control Standards for:
o Residential streets (adhere to California MUTCD 2012)
o Collectors and Arterials (per City approved plan for each site to be
provided by Contractor). Collectors and Arterials include Hawthorne Blvd.,
Granvia Altamira, Crest Road, Palos Verdes Drive West, Palos Verdes
Drive South, Palos Verdes Drive East, Miraleste Drive, Crenshaw Blvd,
Silver Spur Road, Montemalaga Drive & Highridge Road.
o Western Ave (if any, as required by Caltrans)
• RPV Encroachment Permit requirements (permit application attached, fee
waived)
• RPV Insurance Requirements (attached)
Submittals Required
• Prior to work
o Certificates of Insurance, Additional Insured endorsement
o Evidence of current City Business License
o Evidence of Workers Comp. Insurance
o Payment Bond in amount of base bid
o Materials Specification for "No Dumping" message
o Obtain City Encroachment Permit
o Traffic Control Plan to be approved by City
o Executed California Labor Law Compliance Statement(attached)
o Completed IRS Form W-9
• Prior to Payment
o Completed Cleaning Logs and Disposal Summaries
o Accurate Invoice
Exhibit"C": City of Rancho Palos Verdes Catch Basin Cleaning Standard
• 0
.
City of Rancho Palos Verdes
CATCH BASIN CLEANING STANDARD
A. CLEANING SERVICES
Contractor shall inspect, clear all debris, and perform any required minor repairs to catch
basins within the jurisdiction of the City of Rancho Palos Verdes (City) a minimum of one
time between May 1 and October 1 of each year. In addition, Contractor shall perform
one inspection of all catch basins within the jurisdiction of the City during the months of
October, January and April. Contractor shall immediately clean any catch basin sumps
found to have a blocked screened inlets, screened outlet, or be at least forty percent
(40%) full of trash and debris. Contractor shall make minor repairs to any catch basin
trash screen or trash collection device that is damaged. Contractor shall report evidence
of rodents and/or vectors breeding/living in the storm drain system to the City's Director
of Public Works or designee (Engineer)within twenty-four(24) hours of discovery.
The Contractor shall clean out, i.e., remove trash and debris from within and around, the
catch basins identified on the Plans to the maintenance standards specified in Part B of
this Standard. Catch basin cleaning at a minimum consists of: general inspection of
catch basin condition; removal and replacement of catch basin manhole or grate;
atmospheric testing of basin; removal of all debris, trash and liquids from vault, filters,
grate, CPS screens, ARS units and the first 6 feet of connector pipes; marking of the
cleaning date; legal disposal of trash and debris; and documentation, as described
below.
The Contractor's attention is directed to the fact that the quantities of each of the various
construction types of catch basins are unknown. Reference should be made to the
Standard Plans for a description of the various types of catch basins that are included in
this Contract. The Contractor shall also be aware of the fact that the depth and width of
the basins may vary from that shown on the Standard Plans.
1. Inspection of Catch Basins by the Contractor
The Contractor shall inspect each catch basin for unsound conditions such as but
not limited to: a) exterior damage, b) bent or missing protection bars, c)
damaged manholes or grating, d) damaged face plate, e) other physical
damages, f) cemented materials that have been dumped on or into the basin,
and cannot be removed by normal cleanout operations, g) catch basins requiring
safety bars per Standard Plan 310 and h) legibility of stenciled no dumping
message. Catch basins with unsound conditions, or conditions preventing the
safe and complete cleaning of the basin, shall be photographed prior to cleaning.
Photo documentation of unsound conditions shall be submitted to the Engineer
with other photos as detailed in Section A.7) "REPORTING" below. Any
subsequently disclosed damage to a catch basin not previously reported by the
Contractor will be assumed to be the result of the Contractor's cleanout
operations and shall be corrected at the Contractor's sole expense. Contractor
shall report evidence of rodents and/or vectors breeding/living in the storm drain
system to the City within twenty-four(24) hours of discovery.
2. Removal and Replacement of Catch Basin Manhole Covers and Gratings
The Contractor shall remove and replace the catch basin manhole cover or
grating of each catch basin. Screws or bolts that cannot be reused shall be
replaced with new ones meeting the requirements specified in the applicable
Standard Plans at no additional cost to the City. On Rural Catch Basins
• •
(Standard Plan 3015), each missing manhole cover bolt shall be replaced with a
3/8" x 1-1/4" brass bolt with 9/16" hexagon head.
The Contractor's attention is directed to the possibility that the catch basin cover
screws may be frozen. It shall be the Contractor's responsibility to remove these
frozen cover screws. If during their removal the catch basin covers or screws
should become damaged, it shall be the Contractor's responsibility to replace
them in accordance with the applicable Standard Plan and to redrill and thread
new holes, if necessary, at no additional cost to the City. If heat is used to
facilitate removal of frozen cover screws, the screws must be checked the
following workday to verify that they have not refrozen.
The Contractor's attention is directed to the fact that a single grating weighs more
than 200 pounds.
Before leaving a catch basin, the Contractor shall thoroughly clean all debris from
the manhole frame and cover and/or grating frame and grating. When replacing
the catch basin covers, the Contractor shall grease all catch basin cover screws
with a high temperature thread lubricant and seal grease (Jet-Lube by Koper-
Kote or equivalent) and shall furnish and replace any missing screws.
3. Testing for Safe Atmospheric Conditions
As required by CAL-OSHA, the Contractor shall continuously test for safe
atmosphere conditions in each catch basin. Testing shall be done immediately
prior to removing the manhole cover or grating as applicable and continuously
thereafter while anyone is working in the basin. Testing shall verify that safe
atmosphere conditions exist in the catch basin. Gas meters shall test for oxygen
deficiency or enrichment, flammable gases, hydrogen sulfide, and carbon
monoxide. The Contractor shall test the atmosphere of the catch basins using a
gas meter that tests for all four gases simultaneously. Instruments shall be
"bump checked" at the start of each day to verify calibration.
The testing instruments are available from:
J.G. Tucker& Son
600 A Terrace Drive
San Dimas, CA 91773
(800)441-4307
Fisher Scientific
(800) 772-6733
Lab Safety Supply
(800) 356-0783
If unsafe readings are indicated, the Contractor shall use a blower to provide
continuous ventilation of the catch basin. Entry shall not be made until readings
show no hazardous atmospheric conditions exist.
4. Cleanout and Minor Maintenance
The Contractor shall clean out the catch basins to the maintenance standards
specified in Part B of this Standard. The Contractor shall also perform minor
maintenance as required. Minor Maintenance as used within this specification
shall mean adjustments to the ARS unit to allow for proper operation. Minor
Maintenance shall include repairs to the CPS screen or Filter units that may
0 •
,
result during the cleaning of the catch basin. Minor Maintenance does not include
the replacement of bent or damaged parts caused by vandalism or accident. If
the work required to restore the ARS to proper operation exceeds minor
maintenance the Contractor shall inform the Engineer by noting it in the logs.
5. Cleanout Year Marking
Upon the satisfactory cleanout of each catch basin, the Contractor shall mark
(stencil) the appropriate year ("12" for 2012, "13" for 2013) with blue paint in 3
inch high letters on the back wall at the downstream end of the catch basin. All
existing stencils shall be covered neatly with grey paint prior to stenciling the
current year. On grate-type catch basins, the stencil shall be placed on the wall
perpendicular to the longitudinal axis of the grating. Stencil is to be plainly visible
from the street surface and placed a minimum of 12 inches and a maximum of 24
inches below the top of the catch basin.
6. Disposal
The Contractor shall remove and legally dispose of all trash, debris, waste and
liquid generated by the catch basin cleaning work as specified herein
a) Method of Removal
All debris and trash required to be removed from the catch basins shall be
removed in a manner to be determined by the Contractor. However, the method
to be used shall be such that trash and debris collected from within Rancho
Palos Verdes shall not be commingled with trash and debris collected from
another jurisdiction prior to it being quantified. The Contractor shall not allow any
trash or debris to enter the connector pipe or main line as a result of the cleanout
operations.
b) Debris Disposal
Prior to the start of the Work, the Contractor shall identify his intended disposal
sites. All debris and trash removed under this Contract shall become the
property of the Contractor and shall be legally disposed of by him away from the
catch basin sites. The Contractor is responsible for proper disposal of the debris
and trash, including obtaining approvals from all jurisdictional agencies, as
applicable. The Contractor shall be responsible for removing any dead animal
from inside a catch basin. The Contractor shall also be solely responsible for
contacting and coordinating with Animal Care and Control for prompt pick up. No
dead animal shall be left for pick up. Animal Care and Control services are
provided to the City by:
Los Angeles County
Animal Care and Control
Carson Shelter
216 W. Victoria Street
Carson, CA 90248
(310) 523-9566
Vehicles used by the Contractor to transport debris to approved dump sites shall
be so equipped that spillage of liquids or solids does not occur. Covering of the
load shall be required to prevent the debris from being blown off the transport
vehicle. Vehicles and personnel operating these vehicles that do not comply with
this requirement may be ordered removed from the Project and shall not be
utilized again.
0 •
•
c) Quantities of Work
The Contractor shall note that some of the catch basins shown on the Plans are
not a part of this Contract. Only catch basins designated with maintenance
responsibility belonging to RPV as depicted on the Plans or others as directed in
the field by the Engineer are a part of this Contract.
The Contractor's attention is directed to the fact that the quantity of debris located
within each catch basin is unknown and, therefore, should be taken into
consideration when preparing the Bid.
7. Reporting
a) Measurement
The Contractor shall record the nominal length, depth and width of the catch
basin. The Contractor shall measure the trash and debris collected from the City
prior to co-mingling with trash and debris from other jurisdictions. Volume shall
be estimated as the percentage of the basin that is full. Weight shall be
measured using a scale accurate to within +/- 1`)/0 of applied load. The
Contractor shall furnish any tape measure, scales and containers to be used by
the Contractor. Scales with platforms shall have a platform area of sufficient size
to accommodate the trash and debris to be weighed. Replacement scales and
containers shall be readily available to the Contractor should replacements be
needed.
In the event that a load of trash and debris from the City are comingled prior to
delivery to the disposal facility (after measurement), the Contractor shall report to
the disposal facility as accurately as practical, the percentage of the load
attributed to the City.
b) Documentation
i) Disposal Summary. The Contractor shall furnish a Disposal
Summary to the Engineer whenever a disposal to a legal facility is made. The
Disposal Summary shall list for each disposal load, the disposal date, disposal
location, and disposal amount (by weight) of debris disposed. This information
shall be recorded on forms provided by the Contractor and approved by the City.
The Contractor shall attach to the Disposal Summary the originals or copies of all
load tickets. Final payment will not be made until all Disposal Summary forms
are submitted.
ii) Cleaning Log. The Contractor shall submit to the Engineer at the end
of each cleaning cycle, a log of catch basins inspected and cleaned using the
catch basin ID number as depicted on the Plans. The Cleaning Log shall contain
a record, by catch basin, of the date, volume (as a percentage), and type of trash
and debris collected, whether the basin was stenciled and notes on catch basin
condition. This information shall be recorded on pre-approved forms provided by
the Contractor. Forms shall be filled out completely.
iii) Cleaning Date Map. During each cleaning cycle, the Contractor shall
record the date of cleaning on the Plans adjacent to the appropriate catch basin.
Prior to payment for a given cycle, the Contractor shall submit to the Engineer a
copy of the Plans so marked.
• •
iv) Photographs. The Contractor shall also submit photo documentation
of all cleaned catch basins. Photo documentation of catch basins cleaned during
the week shall be submitted to the Engineer on a DVD or USB 2.0 compatible
data storage device at the end of the cleaning cycle. Documentation shall include
photos taken immediately prior to and just after cleaning and detailed photos of
unsound conditions. Picture files shall be in JPEG format and named with their
respective Catch Basin Number (in SS-CB format) as shown on the Plans.
Picture files shall be organized in folders primarily by location map and
secondarily by date that the catch basin was cleaned.
B. MAINTENANCE CONDITIONS AND MAINTENANCE STANDARDS
Listed below are deficiencies in maintenance conditions and their corresponding
maintenance standards which shall apply to this Contract. The cleanout of each
catch basin shall meet the maintenance standards listed below.
Description of Description of
Maintenance Condition Deficiency Maintenance Standard
Trash and debris located No trash and debris located
immediately in front of curb opening immediately in front of catch
or side opening of catch basin, and basin opening, and on top or
on top or between metal grates of between metal grates.
grated catch basin.
Vegetation growing across and/or No vegetation blocking catch
blocking the basin opening. basin opening
Trash and debris in the basin. No trash and debris within the
catch basin.
Trash and debris in the connector No trash and debris in
pipe opening, upstream or connector pipe opening and/or
downstream. in the connector pipe for a
distance of 6 feet from the
opening.
Trash and debris inside the filtration No trash and debris inside the
basket or inside metal screens of filtration basket or on metal
catch basins retrofitted with filtration screens of catch basins
baskets or metal screens. retrofitted with baskets or metal
screens
Trash and Debris on cps (connector No trash and debris on cps
pipe screens) (connector pipe screens)
Trash and debris shall include, but is not limited to sediment, mud, vegetation,
and garbage. Dead animals shall be removed from the catch basin by the
Contractor.
Upon completion of a cleanout operation at a catch basin and before leaving it,
the Contractor shall sweep and clean the top surface of the catch basin and the
area 2 feet around the basin, and shall remove any trash and debris resulting
from the cleanout operations. No debris is to be left at a catch basin for
future pick-up.
Failure to comply with the above requirements will constitute noncompliance with
the Specifications and result in suspension of payment.
• 0
,
Exhibit"D": Addenda
• •
CITY OF RANCHO PALOS VERDES
INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS
THIS IS INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE
AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS
VERDES - IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS.
1. By an Individual. The individual must sign the instrument, and if he/she is doing business under a
fictitious name,the fictitious name must be set forth. The signature must be acknowledged before a
Notary Public, using the proper form of acknowledgment.
2. By a Partnership. The name of the partnership must be set forth followed by the signatures of less
than all of the partners will be acceptable only if submitted with evidence of authority to act on behalf
of the partnership. The signatures must be acknowledged before a Notary Public,using the proper
form of acknowledgment.
3. By a Corporation. The name of the corporation must be set forth,followed by the signatures of the
President or Vice President and Secretary or Assistant Secretary. The signatures must be
acknowledged before a Notary Public, using in substance the following form of acknowledgment.
4. By a Surety. The name of the surety must be set forth, followed by an authorized signature. The
signatures must be acknowledged before a Notary Public, using the proper form of
acknowledgment.
STATE OF )
) SS.
COUNTY OF )
On ,20 , before me,the undersigned,appeared known to me
to be the President or Vice President and known to be to be the Secretary or Assistant Secretary of the
corporation that executed the within instrument,and acknowledged to me that such corporation executed
the within instrument pursuant to its by-laws or a resolution of its City Council.
WITNESS my signature and seal.
Notary Public
(Seal)
•
INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES
PUBLIC WORKS CONTRACTS
The Contractor shall at all times, during the term of this contract, carry, maintain and
keep in full force and effect, a policy or policies of general liability insurance with an
insurance company admitted to write insurance in California, or carriers with a rating of,
or equivalent to, A:VII by A. M. Best & Company to, and approved by, the Director of
Public Works and City Attorney, with minimum limits of One Million Dollars
($1,000,000.00) combined single limit coverage with an aggregate of Two Million
Dollars($2,000,000.00) against any injury, death, loss or damage as a result of wrongful
or negligent acts or omissions by the Contractor, its officers, employees, agents, and
independent contractors in performance of services under this Agreement; (2)automotive
liability insurance with a minimum combined single limits coverage of One Million
Dollars ($1,000,000.00) with an aggregate of Two Million Dollars ($2,000,000.00); and
(3) worker's compensation insurance as required by law. The Contractor shall at all
times during the term of this contract cavy, maintain and keep in full force and effect a
policy or policies of Workers' Compensation insurance and shall provide to the City
evidence of such coverage in the form set forth herein. The City, its officers, employees,
attorneys, and volunteers shall be named as additional insured on the policy (ies) as to
comprehensive general liability, automotive liability, and worker's compensation
coverages.
1. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through addition of
additional insured to the policy) by the insurance carrier without the insurance
carrier giving the City thirty (30) days prior written notice thereof. The
Contractor agrees that it will not cancel, reduce or otherwise modify said
insurance coverage.
2. The Contractor agrees that if it does not keep the aforesaid insurance in full force
and effect,and such insurance is available at a reasonable cost,the City may take
out the necessary insurance and pay the premium thereon, and the repayment
thereof shall be deemed an obligation of the Contractor and the cost of such
insurance may be deducted, at the option of the City, from payments due the
Contractor.
3. The Contractor shall submit to the City (1) insurance certificates indicating
compliance with the minimum workers' compensation insurance requirements
above, and (2) insurance policy endorsements above, not less than one (1) day
prior to beginning of performance under this Agreement. Endorsements must be
executed on the City's appropriate standard forms entitled "Additional Insured
Endorsement,"copies of which are attached hereto.
4. Upon the request of the Director of Public Works, or his authorized
representative, the Contractor shall provide written notice to the Director of
Public Works indicating all litigation and claims (past, current, or anticipated)
between the Contractor and any claimants that may affect the aggregate
insurance coverage.
•
Workers' Compensation
Certificate of Insurance
WHEREAS, the City of Rancho Palos Verdes has required certain insurance to be provided by:
NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or
policies described below to the following named insured and that the same are in force at this time:
1. This certificate is issued to:
City of Rancho Palos Verdes
City Hall
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
2. The insured under such policy or policies are:
3. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of
California covering all operations of the named insured as follows:
Policy Number Effective Date Expiration Date
4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits of
liability,unless and until thirty days'written notice thereof has been served upon the City Clerk of the
City of Rancho Palos Verdes
By:
Its Authorized Representative
• 0
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured("Named Insured':
Name and address of Insurance Company("Company"):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the
"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
("Public Agency"), its elected officials,officers,attorneys,agents,employees,and volunteers are additional
insured(the above named additional insured are hereafter referred to as the"Additional Insured")under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverage afforded the Additional Insured under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute
with the insurance coverage provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms,
conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the
written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insured.
6. The policy to which this endorsement is attached shall not be subject to cancellation,change
in coverage, reduction of limits(except as the result of the payment of claims),or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty(30)days prior
to the effective date thereof. In the event of Company's failure to comply with this notice provision, the
policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insured, while acting within the scope of their duties,from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insured.
0
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City of Rancho Palos Verdes
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverage. Includes:
o Contractual Liability o Explosion Hazard
o Owners/LandlordslTenants o Collapse Hazard
o Manufacturers/Contractors o Underground Property Damage
❑ Products/Completed Operations ❑ Pollution Liability
❑ Broad Form Property Damage ❑ Liquor Liability
o Extended Bodily Injury a
❑ Broad Form Comprehensive ❑
General Liability Endorsement o
12. A o deductible or o self-insured retention (check one) of$
applies to all coverage(s)except:
(if none, so state). The deductible is applicable o per claim or❑ per occurrence (check one).
13. This is an o occurrence or Cl claims made policy(check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of
Policy Number
I, (print name), hereby declare
under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20_
Signature of Authorized Representative
(Original signature only;no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
0 0
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured("Named Insured"):
Name and address of Insurance Company("Company'):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the
"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional
insured(the above named additional insured are hereafter referred to as the"Additional Insured")under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverage afforded the Additional Insured under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute
with the insurance coverage provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms,
conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s)contained or executed in conjunction with the
written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insured.
6. The policy to which this endorsement is attached shall not be subject to cancellation,change
in coverage, reduction of limits(except as the result of the payment of claims),or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty(30)days prior
to the effective date thereto. In the event of Company's failure to comply with this notice provision, the
policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insured, while acting within the scope of their duties,from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insured.
0 0
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverage. Includes:
Any Automobiles 1 Truckers Coverage
1 All Owned Automobiles i Motor Carrier Act
i N• on-owned Automobiles 1 B• us Regulatory Reform Act
1 H• ired Automobiles i P• ublic Livery Coverage
I Scheduled Automobiles I
I Garage Coverage
12. A o deductible or o self-insured retention (check one) of$ alsb
all coverage(s)except:_(if none, so state). The deductible is applicable G per claim or G per
occurrence (check one).
13. This is an o occurrence ora claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number .
I, (print name), hereby declare
under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only;no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
0 11111
. ,
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured("Named Insured"):
Name and address of Insurance Company("Company"):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the
"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
("Public Agency"), its elected officials,officers,attorneys,agents,employees,and volunteers are additional
insured(the above named additional insured are hereafter referred to as the"Additional Insured")under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverage afforded the Additional Insured under the Policy shall be primary
insurance,and no other insurance maintained by the Additional Insured shall be called upon to contribute
with the insurance coverage provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e.,in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms,
conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the
written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insured.
6. The policy to which this endorsement is attached shall not be subject to cancellation,change
in coverage, reduction of limits(except as the result of the payment of claims),or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty(30)days prior
to the effective date thereto. In the event of Company's failure to comply with this notice provision, the
policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insured,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insured.
SPCO6-62
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement,nothing contained herein
shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
o Following Form
o Umbrella Liability
O
11. Applicable underlying coverage:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverage:
13. A o deductible or o self-insured retention (check one)of$
applies to all coverage(s)except:
(if none, so state). The deductible is applicable o per claim or o per occurrence (check one).
14. This is an o occurrence or o claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number
I, (print name), hereby declare
under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only;no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
SPC06-62
Npv 0713 08:46a Ronnie Norm 11612418 p.2
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between
Contractor and the City, to which this Agreement to Comply with California Labor Law
Requirements is attached and incorporated by reference,is a"public work"as defined in Division 2,
Part 7, Chapter 1 (commencing with Section 1720)of the California Labor Code(Chapter 1"), and
that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section
1771 and (b)the rules and regulations established by the Director of Industrial Relations ("DIR")
implementing such statutes. Contractor shall perform all work on the project as a public work
Contractor shall comply with and be bound by all the terms, rules and regulations described in a 1
and 1(b) as though set forth in full herein. { }
2. California law requires the inclusion of specific Labor Code provisions in certain
contracts. The inclusion of such specific provisions below, whether or not required by California
law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem
wages for each craft, classification,or type of worker needed to perform the Agreement are on file
at City Hall and will be made available to any interested party on request. Contractor acknowledges
receipt of a copy of the DIR determination of such prevailing rate of per diem wages,and Contractor
shall post such rates at each job site covered by this Agreement.
9
4. Contractor shall comply with and be bound
p Y c.nd by the provisions of Labor Code Sections
1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties
for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two
hundred dollars($200)for each calendar day,or portion thereof,for each worker paid less than the
prevailing rates as determined by the DIR for the work or craft in which the worker is employed for
any public work done pursuant to this Agreement by Contractor or by any subcontractor.
5. Contractor shall comply with and be bound by the provisions of Labor Code Section
1776,which requires Contractor and each subcontractor to(1)keep accurate payroll records and
verify such records in writing under penalty of perjury,as specified in Section 1776,(2) certify and
make such payroll records available far inspection as provided by Section 1776,and(3)inform the
City of the location of the records.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections
1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq.
concerningthe employment of apprentices �
ern P Y on public works projects. Contractor shall be
responsible for compliance with these aforementioned Sections for all apprenticeable occupations.
Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the
information submitted to any applicable apprenticeship program. Within sixty (60) days after
concluding work pursuant to this Agreement,Contractor and each of its subcontractorsy
shall submit
to the City a verified statement of the journeyman and apprentice hours performed under this
Agreement.
7. Contractor acknowledges that eight(8) hours� g labo r constitutes a legal day's work.
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply
with and be bound by the provisions of Labor Code Section 1813 concerningpenalties for p y
who work excess hours. The Contractor shall, as a penalty to o workers
p y the City, forfeit twenty-five dollars
($25)for each worker employed in the performance of this Agreement by the Contractor byor any
subcontractor for each calendar day during which such worker is required orpermitted to w
� oris more
than eight (8) hours in any one (1)calendar day and forty(40)hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1,Article 3 of the Labor Code. Pursuant to
Labor Code section 1815, work performed by employees of Contractor in excess of 8 hourser
compensation
day,and 40 hours during any one week shall be permitted upon public work uponp
for
all hours worked in excess of 8 hours per day at not less than 1112 times the basic rate ofy a .
P
SPCOf-62
Appendix 1I-2
Nov 0713 08:46a Ronnie Norrro •612418 p.3
8. California Labor Code Sections 1860 and 3700 provide that every contractor wilt be
required to secure the payment of compensation to its employees. In accordance with the
provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake
self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract"
9. For every subcontractor who will perform work on the project, Contractor shall be
responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and
3700,and Contractor shall include in the written contract between it and each subcontractor a copy
of those statutoryrequirement
provisions and a that each subcontractor shall comply with those
statutory provisions. Contractor shall be required to take all actions necessary to enforce such
contractual provisions and ensure subcontractor's compliance, including without limitation,
conducting a periodic review of the certified payroll records of the subcontractor and upon
becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing
rate of wages. Contractor shall diligently take corrective action to haat or rectifyanyfailure.
10. To the maximum extent permitted
P # by law,Contractor shall indemnify, hold harmless
and defend(at Contractor's expense with counsel reasonably acceptable to the City)the City, its
officials, officers, employees, agents and independent contractors serving in the role of Cit
officials,and volunteers from and against any demand or claim for damages,compensation,fines,
P es,
penalties or other amounts arising out of or incidental to any acts or omissions listed above by any
person or entity (including Contractor, its subcontractors, and each of their officials, officers,
employees and agents) in connection with any work undertaken or in connection with he
Agreement,including without limitation the payment of all consequential damages,attorneys'fees,
and other related costs and expenses. All duties of Contractor under this Section shall survive
termination of the Agreement.
Date: f
—� Signature 1:
Signature 2:
SPC O6-62
Appendix 11-2 ICI;
• 0
Bond No.
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to
(Name and address of Contractor)
("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work
described as follows:
WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to file a good
and sufficient payment bond with the Public Agency to secure the payment of claims of laborers,mechanics,
material persons, and other persons as provided by law.
NOW,THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency and all subcontractors,laborers, material persons,and other persons
employed in the performance of the Contract in the penal sum of
Dollars ($ ) (the "Penal Sum"), this amount being not less than one
hundred percent(100%)of the total Contract price,in lawful money of the United States of America,for the
payment of which sum well and truly to be made,we bind ourselves, our heirs,executors,administrators,
successors, and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its
heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the
persons named in Section 9100 of the California CMI Code,or any amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance
Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an
amount not exceeding the Penal Sum specified in this bond;otherwise,this obligation shall become null and
void.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code
so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case
suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and
reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in
successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration,addition or modification to the terms of the Contract,or of the work to be performed there under,
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or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby
waive notice of any such change,extension of time,alteration, addition, or modification to the terms of the
Contract or to the work or to the specifications there under. Surety hereby waives the provisions of
California Civil Code sections 2845 and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Principal and Surety,on the date set
forth below, the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s)pursuant to authority of its governing body.
Dated:
"Principal" "Surety"
By: By:
Its Its
By: By:
Its Its
(Seal) (Seal)
APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM:
AMOUNT
RICHARDS,WATSON &GERSHON
A Professional Corporation
By: By:
Insurance Administrator Public Agency Attorney
Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person
signing as attorney-in-fact must be attached.
R6876-0001\1400531v2.doc