The URL can be used to link to this page

CC SR 20160816 E - Rons Maintenance Agmt Catch Basin CleaningRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 08/16/2016 AGENDA HEADING: Consent Calendar Consideration and possible action to approve the First Amendment to the Agreement between the City of Rancho Palos Verdes and Ron's Maintenance, Inc. for inspection and cleaning of City -maintained catch basins. RECOMMENDED COUNCIL ACTION: (1) Approve the First Amendment to the Agreement; and, (2) Authorize the Mayor and City Clerk to execute the agreement with Ron's Maintenance, Inc. (RMI) for inspection and cleaning of City maintained catch basins and extend the term of the agreement to June 30, 2017. FISCAL IMPACT: The total proposed cost for FY16-17 is $75,500. This work is included in the FY16-17 budget. Amount Budgeted: $115,600 Additional Appropriation: $0 Account Number(s): 101-3007-431-43-00 ORIGINATED BY: Sean Larvenz, Maintenance Superintendent REVIEWED BY: Michael Throne, PE, Director of Public Works`; APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Agreement for Ron's Maintenance, Inc. (page A-1) B. Draft First Amendment to Agreement (page B-1) C. Ron's Maintenance, Inc. Proposal (page C-1) BACKGROUND AND DISCUSSION: This agreement is the first amendment ("First Amendment") to the Public Works maintenance agreement between the City of Rancho Palos Verdes ("City") and Ron's Maintenance, Inc. ("Contractor"), dated September 15, 2015 ("Agreement"). This First Amendment, which is effective August 17, 2016, will extend the term for eleven months. There are three, one-year extensions available under the Agreement, and Staff recommends this first extension. The executed contract value for the base year of this Agreement was $74,970, with an annual not -to -exceed amount of $74,970. In FY15-16, 38 new catch basins were added and a few more may be added in FY16-17. Therefore the base year total not -to -exceed 1 amount has been increased by slightly more than $500, for a not -to -exceed of $75,500 for FY16-17. The Contractor has proposed to exercise the first option year with no increase to the current rate. Additionally, any future new catch basins will be cleaned at the proposed rate of $12.75 per basin. Staff evaluated the quality of service provided by RMI and found it to be excellent. In addition, the company has demonstrated a willingness to immediately address any noted deficiencies in service, and is flexible in addressing the City's needs. Staff recommends approval of the First Amendment to the Agreement with RMI, which will extend the term for eleven months, until June 30, 2017. The FY16-17 budget provides adequate funding for the Staff recommendation. The funding source for the contract is the Storm Water Quality Program. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: 1. Do not extend the agreement and seek competitive bids. Adopting this alternative may likely result in increased costs and/or the loss of the Contractor's institutional knowledge. 2. Take other action as deemed appropriate by the City Council. 2 CITY OF RANCHO PALOS VERDES MAINTENANCE AGREEMENT THIS AGREEMENT ("Agreement") is made and entered this 15th day of September, 2015, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Ron's Maintenance, Inc., a California Corporation ("Contractor'). Contractor's license number is 972124. In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as Inspection and Cleaning of City Maintained Catch Basins ("Project"), as described in this Agreement, the Scope of Work attached hereto as Exhibit A, and Contractor's Proposal dated September 1, 2015, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. 2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for in accordance with the terms of the written work order. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3. Term. This Agreement shall commence on September 15, 2015 and shall remain in effect until the tasks described herein are completed to the City's approval, but in no event later than June 30, 2016, unless sooner terminated pursuant to Section 11 of this Agreement. Additionally, there shall be three (3) one (1) year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, the Agreement may continue on a month-to-month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less. 4. Time. Time is of the essence in this Agreement. 5. Force Maieure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice. 6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a fee not to exceed Seventy Four Thousand Nine Hundred Seventy Dollars R6876-0504\1 862734v I Am A-1 ($74,970), in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit B. 7. Payments. Contractor shall submit to City an invoice on a monthly basis for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Contractor in writing within ten (10) business days of receipt of any disputed invoice amounts. City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. 8. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit B. 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. Incorporation by Reference. The following documents are attached hereto as Exhibit C and incorporated herein by this reference: 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). Contractor shall submit to City the fully executed Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution form, as well as the specified evidence of insurance, not less than one (1) day prior to beginning performance under this Agreement. 13. Antitrust Claims. Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 R6876-0504\1862734vl.doc A-2 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 14. Utilities. The City acknowledges its responsibilities under Government Code Section 4215 and incorporates that section herein by this reference. 15. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. 16. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 17. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit D, attached hereto and incorporated herein by this reference. 18. Workers' Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows.- "I ollows: "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 R6876-0504\1862734v1.doc A-3 accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 19. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 20. Debarred. Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. 21. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement. 22. Bonds. Contractor shall obtain a faithful 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. 23. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor nor its personnel have been convicted of a felony. 24. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Contractor "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. 25. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third -party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice. 26. Non -Assignability: Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without the City's prior written consent. Any purported assignment without written consent shall be null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. R6876-0504\1862734v1.doc 27. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 28. Attorneys' Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. 29. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 30. Authority. The person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 31. Entire Aqreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 32. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 33. Non -waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to Consultant constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 34. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To City: Mr. Michael Throne, Director of Public Works City of Rancho Palos Verdes R6876-0504\1 862734v Ldoc A-5 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 To Contractor: Mr. Ronnie Norman Ron's Maintenance, Inc. 11542 Horley Ave. Downey, CA 90241. 35. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 36. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITY OF RANCHO PALOS VERDES L A By: ?A City Clerk APPROVED AS TO FORM: By: City Attorney R6876-0504\1862734vIdoe Ron's Mainte ance, Inc. By: �/l�— L� Printed Name: /` O /tet 4 < Title: By.- Printed y: Printed Name: Title: A-6 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 To Contractor: Mr. Ronnie Norman Ron's Maintenance, Inc. 11542 Horley Ave. Downey, CA 90241. 35. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 36. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITY OF RANCHO PALOS VERDES By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney R6876-0504\1 862734v Ldoc Ron's Mainte ance, Inc. By: �� Printed Name: Zee, L A/O,'f t Title: ` By: Printed Name: Title: A-7 �� BYLAWS The matter of adoption of bylaws for the regulation of the affairs of the corporation was next considered. The Secretary presented to the meeting a form of bylaws which were duly considered and discussed. On notion duly made and unanimously carried, the following resolutions were adopted!: RESOLVED: That the bylaws presented to this meeting and discussed thereat be, and the same hereby are, adopted as and for bylaws of this corporation. RESOLVED FURTHER: That the Secretary of this corporation be, and he hereby is, authorized and directed to execute a certificate of the adoption of said bylaws and to inset said bylaws as so certified in the book of Minutes of this corporation, and to see that a copy of said bylaws, similarly certified, is kept at the principal office for the transaction of business of this corporation. ELECTION OF OFFICERS The meeting then proceeded to the electiof. of officers. The following were duly elected to the offices indicated after the name of each: Ron Norman, President and Chief Executive Officer, also Chairman of the Board. Ron Norman, Secretary Ron Norman, Treasurer Each officer so elected being present accepted his office, and thereafter, the President presided at the meeting as Chairman, and the Secretary acted as` Secretary of the meeting. CORPORATE SEAL The Secretary presented for approval of the meeting a proposed seal of the corporation, consisting of two concentric circles with the name of the corporation in the circle and the words and number in the of figures as follow: ,. - A-8 EXHIBIT A Scope of Work Generally the work is described as follows: 1. Pre -Season Inspection, Cleaning and Maintenance — The contractor shall visually inspect, clear and dispose of all debris, and perform any required minor repairs to all catch basins maintained by the City of Rancho Palos Verdes (City), hereafter known as a Pre - Season Cleaning, one time prior to October 1 each year. All cleaning shall be performed according to the City of Rancho Palos Verdes Catch Basin Cleaning Standard attached hereto as Attachment No. 1. Costs to travel to, inspect and clean the catch basin, and dispose of debris as required are accounted for in the per catch basin price. 2. Wet Season Inspection and Cleaning — The Contractor shall perform regular inspection of all catch basins maintained by the City during the wet season (October to April, inclusive). Inspections shall be performed at least monthly, but may be required more often if catch basins are not providing drainage at design capacity due to debris accumulation. During these subsequent inspections Contractor shall immediately clean any catch basins found to have a blocked or clogged inlet or be at least twenty five percent (25%) full of trash and debris. Contractor may be called out to clean any catch basin that is more than 25% full and may therefore potentially contribute to flooding in the sole opinion of the Maintenance Superintendent, when rain is predicted. Contractor shall respond at no additional cost. All cleaning shall be performed according to the City of Rancho Palos Verdes Catch Basin Cleaning Standard. Costs to travel to, inspect, and clean the catch basins, and dispose of debris as required are accounted for in the monthly price. 3. Debris Disposal - Collected debris shall be legally disposed of by the Contractor in bins provided by the City at the City's yard, located at 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275. 4. Affixing Catch Basin Message - Contractor shall provide and affix a "NO DUMPING" message, in accordance with the City's standard set forth in Attachment No. 2, to any catch basin without a legible "NO DUMPING" message. 5. Documentation - Contractor shall document all message affixation, inspections and cleaning on a form provided by the Contractor and approved by the City. Contractor shall also note in the documentation any occurrence of broken, damaged or nonfunctioning catch basins, connector pipes, manhole covers, connector pipe screens, inlet guards and inlet grates observed during the cleanings. Photos of unsound conditions should be included with the logs as described in Attachment No. 1. Safety issues (e.g. a broken manhole cover) shall be reported to the City at once. Cost for documentation is included in the other costs and no further compensation will be made therefore. 6. Traffic Control and Safety - Contractor shall provide for public and worker safety while carrying out the duties of this agreement. A traffic control plan shall be submitted at the beginning of the contract for City approval. The traffic control plan shall follow the City's R6876-0504\1 862734v Ldoc 1 • standards set forth in Attachment No. 3. The traffic control plan may require the seal of a qualified and currently registered civil engineer in the State of California, as determined by the City's Traffic Engineer. Costs for development of an acceptable traffic control plan shall be incurred only once. Compensation for the traffic control plan shall be made on a lump sum basis, in year one only. Costs for recurring traffic control, public convenience and worker safety is assumed to be included in the cleaning cost and no further compensation will be made therefore. When not conducting work according to the Traffic Control Plan, Contractor is responsible for following all street traffic rules as well as on site suggestions for driving within City of Rancho Palos Verdes property. Damage to irrigation lines, sprinklers, plant material, concrete walkways, light poles, fencing, or any public or private property, due to contractor/driver negligence shall be the responsibility of the Contractor to repair. Repairs shall be completed within (48) forty eight hours. 7. Change Orders - All change orders will be approved in advance by the City's project manager. No change order is authorized until the Contractor provides an estimate and receives a signed work request with a work schedule and a price mutually agreed upon by the City and the Contractor. No changes to the plans and specifications shall be made without the written consent of the project manager. All work pursuant to this contract will be authorized by a Notice to Proceed signed by City staff . 8. Acceptance of Existing Conditions - By submitting a proposal and bid, Contractor acknowledged personal inspection of the area, and has evaluated the extent to which the physical condition thereof will affect the services to be provided. Contractor accepts the premises in their present physical condition, and agrees to make no demands upon the City of Rancho Palos Verdes for any improvements or alterations thereof. Estimated quantities are provided by the public works maintenance department for all work to be performed. It is the responsibility of Contractor to verify by inspection and observe the various area characteristics. Maps of the City Maintained Catch Basin locations are available upon request. R6876-0504\1 862734v I Am A-10 ATTACHMENT NO. 1 TO SCOPE OF WORK Catch Basin Cleaning Standard R6876-0504\1 862734v Ldoc A-11 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 maintenance jurisdiction of the City of Rancho Palos Verdes (City). 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, 0 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 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. 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 A-12 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. 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 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 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, etc.) 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 A-13 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. 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 Documentation Disposal Load Tickets. The Contractor shall furnish a Disposal Load Ticket to the Engineer whenever a disposal to a legal facility is made. The Disposal Load Ticket shall list for each disposal load, the disposal date, disposal location, and net disposal amount (by weight) of debris disposed. This information shall be recorded on forms provided by the Contractor and approved by the City. Final payment will not be made until all Disposal Load Tickets are submitted. 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. Photos of un -sound conditions should be included with the Cleaning A-14 Log. Each photo should clearly identify its location. Forms shall be filled out completely. 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 o on top or between metal grates of between metal grates. rated 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 connector pipe opening, upstream or pipe opening and/or in the downstream. connector pipe for a distance o 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 basin baskets or metal screens. retrofitted with baskets or metal screens Trash and Debris on cps (connecto 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. A-15 ATTACHMENT NO. 2 TO SCOPE OF WORK NO DUMPING Message Standard R6876-0504\ 1862734v Ldoc A-16 CATCH BASIN "NO DUMPING" MESSAGE STANDARD R=15 mm (1/2") White top layer Cut out top layer to blue under layer NOTES: City of Rancho Palos Verdes 305 12" Dimensions are in millimeters, except as noted 1. "No Dumping" message shall be affixed to the P.C.C. catch basin cover. Before application, prepare P.C.C. surfaces with a primer sealer. If the cover is buried or otherwise cannot be exposed, Contractor shall propose an alternate location for Engineer's approval. 2. Message shall be affixed using either paint or thermoplastic stencil. Existing illegible message shall be removed or painted over such that only one message is affixed to the catch basin. 3. Stencil material shall be two -layer resilient thermoplastic with 30% graded glass beads, 3.15 mm (125 mils) total thickness with beveled edges. Material shall be AASHTO designated M249-79(86), except that material shall be pre- formed. Acceptable products shall be PreMark® Pavement Markings by Flint Trading Inc., (115 Todd Court, Thomasville, NC 27360; (336)-475-6600; www.flinttrading.com), or approved equal. Stencils shall be affixed using a propane torch, per manufacturer's recommendations. 4. If paint is selected, the message shall be affixed using blue paint designed for outdoor use on concrete surfaces and applied per the manufacturer's recommendations. The message shall be applied over a white painted background. The PCC surface shall be prepared per paint manufacturer's recommendations. The work shall be in conformance with requirements for curb markings in Sections 210 and 310 of the Standard Specifications. 5. The design layout of the message and paint colors shall be as shown. Graphic designs other than that shown above are subject to approval. Contractor shall submit a sample of the stencil to be used to the Engineer for approval no less than 5 working days prior to affixing any message. Submit full sized drawings and material samples to the Director of Public Works for approval before application. A-17 ATTACHMENT NO. 3 TO SCOPE OF WORK Public Convenience and Safety Standards R6876-0504\1862734v1.doc PUBLIC CONVENIENCE AND SAFETY STANDARD 1. General: Attention is directed to "California Manual on Uniform Traffic Control Devices, 2014 Edition", published by the California Department of Transportation (2014 CA MUTCD) and Section 7-10 of the Standard Specifications for Public Works Construction, 2015 ed., Public Works Standards, Inc. (Standard Specifications). Public convenience and traffic control shall conform to Section 7-10 of the Standard Specifications and 2014 CA MUTCD, except as modified by these Special Provisions. 2. Warning and Protection Devices: The Contractor will be responsible for providing, placing and maintaining approved signs, barricades, pedestals, flashers, delineators, fences, barriers and flagmen where needed, and other necessary facilities in the vicinity of the work area and where any unexpected conditions may be encountered as a result thereof, for the protection of the motoring public per the traffic control plans. The Contractor will not be allowed to proceed with the work until such time that a sufficient number of these protection devices have been delivered to the project site. Where parked vehicles are likely to interfere with the proposed work, the Contractor will supply and post at no less than 200 feet intervals on each side of the street "Temporary No Parking" signs 72 hours before the start of work and to report the time of posting to the Sheriff's Station for the purpose of establishing "Tow Away" provisions. The Contractor shall be responsible for the removal of the temporary signs upon the completion of the work. Temporary No Parking signs shall be made of weather resistant material and shall be posted so that there is a minimum distance of 3' between the bottom of the sign and the ground surface. Should the Contractor appear neglectful in furnishing warning and protection devices as outlined above, the Director of Public Works may direct attention to the existence of a hazard and the necessity of additional or different measures, which shall be furnished and installed by the Contractor at Contractor's own expense, free of any cost to the City. Should the Contractor refuse or fail to act in a timely manner to correct a hazardous condition, the Director of Public Works may direct City forces to provide the necessary protective and warning devices as deemed appropriate by the Director of Public Works or his authorized representative. The cost accrued by the City in connection therewith will be deducted from the Contractor's contract payment. Any action or inaction on the part of the City in directing attention to the inadequacy of warning and protective measures or in providing additional protective and warning devices shall not relieve the Contractor from responsibility for public safety or abrogate Contractor's obligation to furnish and pay for these devices. Should the Contractor fail to pickup signs either after the work has been performed, or after the Contractor has failed to meet the schedule, the Contractor shall be charged a penalty of $50 per sign left in the public right of way. Said monies will be deducted from any monies due or to become due to the Contractor. A-19 The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the projects as specified in Section 7-10, Public Convenience and Safety, of the Standard Specifications or as directed by the Director of Public Works or his authorized representative. 3. Traffic Control: Traffic control implementation shall follow the requirements of Section 7-10 of the Standard Specifications, and 2014 CA MUTCD. A Traffic Control Plan shall be submitted to the City for approval, prior to the issuance of the Notice to Proceed. The Traffic Control Plan may require site specific plans, sealed by a California Registered Civil Engineer, for arterials and collector streets in the City, per the direction of the Director of Public Works or his authorized representative. The following are the arterial and collector streets in the City: • Palos Verdes Drive West • Palos Verdes Drive South • Palos Verdes Drive East • Hawthorne Blvd. • Crenshaw Blvd. • Crestridge Road • Silver Spur Road • Crest Road (Hawthorne to RH) • Crest Road (RH border to PUDE) • Granvia Altamira • Ridgegate Drive • Highridge Road • Montemalaga Drive • Indian Peak Road • Miraleste Drive Allowable working hours shall be between the hours of 8:00 a.m. and 5:00 p.m. Work that impacts traffic on arterials and collector streets will only be allowed between the hours of 9:00 a.m. and 3:00 p.m. Variations from these working hours and lane closure restrictions will only be allowed if specifically provided in advance in writing by the City and MAY allow for the option of longer working hours. All necessary traffic control devices shall be in place prior to the start of work. The Contractor shall field check all temporary traffic control signs, barricades and other devices to ensure their continuous proper maintenance and conformance to the plans and specifications (including weekends and holidays). The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to public traffic. Every effort shall be made to provide a clear and unobstructed view of all traffic control signs, signals, or markers. Existing signs shall be covered when directed by the Director of Public Works or his authorized representative. When warning signs are not in effect, they shall be removed. Warning signage shall be in place prior to the beginning of any workday. The order of work and phasing requirements, except where otherwise specifically required by the plans and specifications, shall be determined by the Contractor who shall be solely responsible for coordinating all subcontract and prime contract work to minimize delays during the work. A-20 The Contractor shall maintain access for emergency vehicles at all times on all streets. All traffic control layouts and work sequence instructions shall be developed to account for continuous emergency vehicles access and driveway access. There shall be a minimum of 5' clearance from open excavations and 2' from other obstructions (curbs, k -rail, etc) for the motoring public. All lanes shall be open to traffic during non -working / "non -lane restriction" hours. No street restrictions shall be allowed without advance written approval from the Director of Public Works or his authorized representative. Certified flaggers with hand- held communication devices, proper safety vests and signage shall be required at all times wherever the useable roadway is restricted, to ensure for the safe passage of motorists at all times. Certified flaggers are required where travel lanes in each direction cannot be maintained. The Contractor shall be required to provide and maintain all necessary flaggers, barricades, delineators, signs, flashers, and any other safety equipment as set forth in 2014 CA MUTCD, or as required by the Director of Public Works or his authorized representative to ensure safe passage of traffic. Impacts to the right of way that remain overnight shall incorporate appropriate flashers for barricades and retro -reflective delineators and signage. Failure or refusal by the Contractor to comply with the requirements of this section shall be sufficient cause for the City to order the work done by City forces and all costs thereof to be borne by the Contractor. Continuous driveway access shall be required at all times, except when specific written permission is provided to do otherwise. The City will enforce the work hours and continuous driveway access requirements of this section. Liquidated damages of $250 for every 15 minutes of non-compliance or portion thereof will be deducted from the Contractor's payment for non-compliance. If the Contractor is found to be negligent in furnishing warning and protective measures as detailed above, the City may direct the Contractor's attention to the hazard and it shall be the Contractor's responsibility to furnish and install the necessary warning and protective measures at his/her expense. Should the City point out the inadequacy of warning and protective measures, such action on the part of the City shall not relieve the Contractor from responsibility for public safety or abrogate its obligation to furnish and pay for these devices. A-21 EXHIBIT B Contractor's Proposal R6876-0504\1862734v1.doc A-22 Ron's Maintenance, Inc. City of Rancho Palos Verdes Catch Basin Cleanout Proposal Bid September 1, 2015 A-23 Ron's Maintenance, Inc. References Contact: Doug Brodowski City of Buena Park 6650 Beach Blvd. Buena Park, CA 90620 Tel: (714) 562-3741 Contact: John Strickland City of Compton 458 S. Alameda Compton, CA 90411 Tel: (310) 605-5691 Contact: Akbar Gadim County Of Los Angeles 900 South Fremont Ave Alhambra, CA 91802 Tel: (818)989-4172 Fax: (818)994-9964 Contact: Kevin Smith City of Laguna Niguel 27751 La Paz Road Unit D Laguna Niguel, CA 92677 Tel: (949) 795-5224 Contact: Joe Garza City of Rancho Santa Margarita 23282 Arroyo Vista Rancho Santa Margarita, CA 92688 Tel: (949) 795-5665 Contact: Chris Ortiz City of Carson 701 E. Carson Street Carson, CA 90749 Tel: (562)743-7787 Contact: David Torres City of South Gate Tel: (323)216-9524 Contact: Dirk lovett City of Hidden Hills 6165 Spring Valley Road Hidden Hills, CA 91302 Tel: (818) 888-9281 Contact: Carl Reed Orange County 2301 n Glassell Street Orange,CA 92865 Tel: (714)448-0824 Contact: Leroy Baca City of Bellflower 16600 Civic Center Drive Bellflower, CA 90706 Tel: (562)804-1424 ext 2252 Contact: Daniel lottermoser City of San Diego 2781 Caminilo Challas MS 44 San Diego CA 92105 Tel: (619)527-5423 Contact: Chau Vu City of Bell Gardens 8327 South Garfield Avenue Bell Gardens, CA 90201 Tel: (562)806-7787 A-24 City of Rancho Palos Verdes, Public Works Department Pricinq is for the period September 2015 through June 2016 Inspection and Cleaging of City Maintained Catch Basins S Bidding Schedule Estimated quantities are for bid purposes only increaser decrease the quantity of times. n. '(5' M ob Title ,�; yz Printed Name Company G' The City reserves the right to Date A-25 EXTENDED LINE DESCRIPTION UNIT COST UNIT ESTIMATED PRICE QUANTITY (Unit Cost x Est. Quantity) Pre -Season Inspection 1 and Cleanout of City $ �� v CB 680 �� w Maintained CBs Wet Season Inspection 2' and Cleaning of All City $ Mo. 7 Maintained CBs 3. Prepare Approved Traffic Control Plan LS 1 $ Provide and affix a "No 4. Dumping" message to the catch basin — as $ 1� (� (� Ea. 170 _ needed Total Bid in Numbers: TOTAL COST ADD LINES 14 Total Bi in Words: Estimated quantities are for bid purposes only increaser decrease the quantity of times. n. '(5' M ob Title ,�; yz Printed Name Company G' The City reserves the right to Date A-25 EXHIBIT C 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) 86876-0504\ 1862734v L doe A-26 Insurance Requirements for City of Rancho Palos Verdes Public Works Contract The Contractor shall at all time during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City: (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of 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, lose, or damage as a result of wrongful or negligent acts by the Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) automotive liability insurance with a minimum combined single limits coverage of One Million Dollars ($1,000,000.00) combined single limit coverage with an aggregate of Two Million Dollars ($2,000,000.00); and (3) workers' compensation insurance with a minimum limit as required by law. The City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, automotive liability and workers' compensation coverages. 1. Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California, or carriers with a rating of, or equivalent to, A:VII by A.M. Best & Company. Any deviation from this rule shall require specific approval, in writing, from the City. 2. All insurance policies shall provide that the insurance coverage shall not be cancelled or 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. Additionally, Contractor shall provide immediate notice to the City if it receives a cancellation or policy revision notice from the insurer. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage." 3. The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. The Contractor shall submit to the City (1) copies of the entire insurance policy for all required insurance, (2) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (3) 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 titled "Additional Insured Endorsement," copies of which are attached hereto. R6876-0001 \1860311 v1.doc A-27 OP ID: BE 1-i�ORO CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDIYYYY) 09/11115 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 endorsemen s . PRODUCER56th-869-3016 Capizzi Insurance Agency, Inc. License No. OB45329 562423-687 CONTACT �NE FAX >uc, Ho, Eacl.__....._.._..............._...._...._.._._.. A/C No P.O. Box 489 _ Downe , CA 90241-0489 CAP( (INSURANCE INSURED RON•SMAINTENANCE WAIL ADDRESS_ PRODUCER _c1�sTOMERIDu:RONSMAI - _ INSURER(S) AFFORDING COVERAGE . NAIC 6 INSURER A: MESA UNDERWRITERS SPECIALTY 11542 HORLEY AVENUE DOWNEY, CA 90241 INSURER ; MERCURYCASUTiAL.C6iM XIiW' B __....._.._..—._---.._._._...___._ —_._....... INSURER C: INSURER 0: 09/07/16 E CLAIMS -MADE EKOCCUR INSURER F: C0VPRAr.PS CPRTiFICATF NUIUiRER- 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. -- --- I LTI, TYPE OF INSURANCE B CNUMBER LEF MD -POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE ! S 2,000,00 A ' X COMMERCIAL GENERAL LIABILITY X -':MP0004008007d95 09/07115 09/07/16 DAMAGE R PREM S Ea occurrence $ 100,00 CLAIMS -MADE EKOCCUR MED EXP (Any one person) ' S 5,00 X $500 DED/CLAIM * PERSONAL &ADV INJURY ' S 2,000,00 i - ................_-.........._.. _. GENERAL AGGREGATE -----------^ s 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: -' ~) PRODUCTS - COMPIOP AGG S 2,000,00 5 _. .. RO JC 3 POLICY PRO- JECTLOC AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,00 — B X :.ANY AUTO CCA0002064 10/21/14 10121/15 (Ea accident) —.—___ . I BODILY INJURY (Per person) S ALL OWNED AUTOS BODILY INJURY (Pet accident); S X SCHEDULED AUTOS PROPERTY DAMAGE !! ic, HIRED AUTOS i S (Per accident ? NON-044NED AUTOS _�X ` 5 j UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE AGGREGATE DEDUCTIBLE I !RETENTION 5 l S I WORKERS COMPENSATION WC STATU- OTH. i AND EMPLOYERS' LIABILITY YIN ! _...........T.QRY_L-IMiTS _....-.19. j ANY PROPRIETOR/PARTNER/EXECUTIVEN OFFICER/MEMBER EXCLUDED? / A E.L. EACH ACCIDENT S .----••-----•--•--_.._..._—.__: i (Mandatory in NH) Byes, I EL DISEASE - EA EMPLOYEE] $ describe under ` DESCRIPTION OF OPERATIONS betcw i E.L. DISEASE - POLICY LIMIT j S Ij i p CITYROFDRANOPERATIONS O VERDES ITS ( ICERS AGENTS VOLUNTEERS �E�MPLO�(EESre�r�) AND ATTORNEYS ARE NAMED ADbITIONAL INSU�2ED AS REQUIRED BY WKITTEN CONTkACT PER FORM CG 2010 07 04. JOB: CLEAN CATCH BASINS THROUGHOUT THE CITY. COVERAGE IS SUBJECT TO POLICY TERMS, FORMS, CONDITIONS AND EXCLUSIONS. CITY OF RANCHO PALOS VERDES CITY MANAGER 30940 HAWTHORNE BLVD RANCHO PALOS VERDES, CA 90275 l,Ar1C.GLL.A I iUni SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �pi2515•_wer ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD • POLICY NUMBER: MP0004008007495 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS' SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations AUTOMATIC STATUS - COPIES OF EACH AS REQUIRED IN WRITTEN CONTRACT WITH CERTIFICATE ISSUED IS ON FILE WITH THE THE NAMED INSURED INSURANCE COMPANY AND/OR THEIR LEGAL REPRESENTATIVE THIS INSURANCE SHALL BE PRIMARY AND NON-CONTRIBUTORY, BUT ONLY IN THE EVENT'OF A NAMED INSURED'S SOLE NEGLIGENCE. 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above_ However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the additional insured is 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. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 O Insurance Services Office, Inc., 2012 Page 1 of 2 INSURED =29 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: i 1. Required by the contractor agreement; �or CG 20 10 04 13 Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 2 of 2 POLICYHOLDER COPY STATE Co MPENSATION P.O� BOX 8192, PLEASANTON, CA 94588 i CERTIFICATE OF WORKERS' COMPENSATION INSURANCE i ISSUE DATE: 07-01-2015 ! GROUP: POLICY NUMBER: 1430157-2015 CERTIFICATE ID: 47 E CERTIFICATE EXPIRES: 07-01-2016 07-01-2015/07-01-2016 CITY OF RANCHO PALOS VERDES SC ANDY WINJE 30940 HAWTHORNE BLVD RANCHO PALOS VERDES CA 90275 5351 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner, tot the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. NotwithstOnding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the erms, exclusions, and conditions, of such � tpolicy. Authorized Representative President and CEO UNLESS INDICATED OTHERWISE BYENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. i EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07701-2000 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER NORMAN, RONNIE E ROWS MAINTENINCE 11542 HORLEY AVE DOWNEY CA 90241 (RE V.7- 2014) SC PRINTED 06-17-2015 M0410 SC INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION No. or description ��<//C, -/--/, �'d7 � Gles/?/-� Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost find expense, to defend, protect, indemnify, and hold harmless the City of Rancho Palos Verdes (the "City") and its elected officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, fines, and losses of any nature whatsoever, including the payment of all consequential damages, fees of accountants, attorneys, or other experts or professionals, and all costs associated therewith (collectively "Claims'), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. Indemnitor shall appoint competent defense counsel approved by the City Attorney at Indemnitor's own cost, expense and risk, to defend any and all such Claims that may be brought or instituted against Indemnitees. Indemnitor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in such Claims. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys' fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code section 2782(a) or the City's active negligence to the limited extent that the underlying Agreement is subject to Civil Code section 2782(b). This indemnity is effective without reference to and shall not be limited by the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor Name: /VD 44-(- Name: By: / By: Its Its R6876-0001\1 86031 1 v 1. doc A-32 Bond No. 1001020438 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: Premium: $2,249.00 - Premium based on final contract amount WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to Ronnie Norman dba: Ron's Maintenance (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: INSPECTION AND CLEANING OF CITY MAINTAINED CATCH BASINS WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to file a good and sufficient payment bond with the Public Agency to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and American Contractors Indemnipy Como 601 So. Figueroa St. Ste. 1600 (Name and address of Surety) LOS Angeles, ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all subcontractors, laborers, material persons, and other persons employed in the performance of the Contract in the penal sum of Seventy Four Thousand Nine Hundred Seventy & 00/100 Dollars ($ 74.970.00 ) (the "Penal Sum"), this amount being not less than one hundred percent (100%) of the total Contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for. any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the Penal Sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. R 6876-0001 \ 1860311 v 1. doc Further, the,Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby4 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: September 23. 2015 "Principal" "Surety" Ronnie Norman dba: Ron's Maintenance By: Rnnnip Norman Its Owner By: Z -2I Its (Seal) M Its (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT RICHARDS, WATSON & GERSHON A Professional Corporation By: Insurance Administrator By: Public Agency Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notaized, and evidence of the authority of any person signing as attomey-in-fact must be attached. R6876-0001 \1860311 v 1.doc A-34 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN Y THESE PRESEbI_ T khtliftiMcmContractors Indemnity Company, a California corporariom United States -= Suety Company, a Maryland c dJpecialty Insurance Company, a Texas corporation-(lvely, the. "Companies"), do by these presents rhe, constitute and appoint: - Gabriel Hill of Chino Hills, California its WA and __ orney(s)-in-fact, each in their separate capacity if more than -his named eve, with full power and authority jn=tas name, place and stead, to execute, acknowledge ante " aft bels, recognizances, undertakings �ilits is or contracts of suretyship to include riders, acLcunts of surety, providing the bond --penaTfy does not exceed ******Three Million****' Dollars (S **3,000,000.00** ). This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-Presidenkany Amistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested widtfuu_:= power and authority to appoint any one or more pisoi omcy(s)-in-Fact to represent and act for and on behalf of the Company subject to the It tg provisiorvS Anorney-in-Fact may be given full power and auth WinM game of and on behalf of the Company, to execute, acknowledge and de[`t r be , recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. & �rnlytharth ignature of any authorized officer and seal of the Company heretofore or hereaf er affixed to any power of attorney or any certificate relating "csimilean&any power of attorney or certificate bearing facsimile signature or facsimile seal sh_�1_1 be valid and -binding upon the Company with respect to any bond -or u rt which it is attached. _ IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 10th day of December, 2012. A14ERICAN CONTRACTORS INDEMNITY COMPANY 1LwTED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals \ .4 rmwwiEE .; firy;9L;,. Vice President P. Aguilar, State0-rCalifornia . . .F r�n �t s)Win es SS: _— On Loth day of December, 2012, before me, Vanessa Wright, a notary public, -personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that -by his signature on the instrument the person(s), or the entity upon behalf of which the ( acted, executeh = - = L` I certify under PENALTY OF PERJURY under tWlaws of the State of California that the foregoing paragraph is�cork# WITNESS my hand and official seal. it wntw Co.wraw s lowis Signature (Seal) mt., terse-crri.tw U0 AMON cars► a Wim_ stant Secretary of American Contractors Indemnity Company, U..t d a rety Company and U.S. Specialty lmCampany, do hereby certify that the above and foregoing is a true_and co€rect--copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In WitnessrVhOK I have hereunto setmy d IIS - the seals of said Companies at Los Angeles, California of Zoe Corporate Seals t „ `JpAGTO K p H + o_ Jeannie I�ee, -tent Secretary =°C LEFTA Y — __ -- A-35 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of C A U FO P—N I A County of tAN On ct- Z3- tS before me, BVI S A AJ a Notary Public, personally appeared RS(ZI C�- t L.L- who proved to me on the basis of satisfactory evidence to be the person(o whose name Is/apd subscribed to the within instrument and acknowledged to me that he/s*/thy executed the s6me in his/Vr/th r authorized capacity(i94), and that by his/her/tVir signatureV on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF correct. e WITNESS Signature: RY under the laws of the State of California that the foregoing paragraph is true and Name: L UI S my+ - ► Nt`Z (Typed or Printed) EsInitials ,.... LUIS MARtINEZ COMM. #1968966 z M �r Notary Public • California , 0 Z Los Angeles County + MX Comm. Expires Feb. 6, 2016 (Seal) A-36 EXHIBIT D Terms for Compliance with California Labor Law Requirements 1. Contractor acknowledges that the project as defined in this Agreement between Contractor and City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the effective date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor cease to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. 7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et R6876-0504\I862734v1.doc A-37 seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 8. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay. 9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. R6876-0504\1862734v1.doc • FIRST AMENDMENT TO MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO THE MAINTENANCE AGREEMENT ("Amendment") by and between the CITY OF RANCHO PALOS VERDES ("City") and RON'S MAINTENANCE, INC. ("Contractor") is effective as of the 17th day of August, 2016. RECITALS A. On September 15, 2015, City and Contractor entered into that certain Maintenance Agreement ("Agreement") whereby Contractor agreed to inspect and clean City -maintained catch basins until June 30, 2016, in exchange for payment by City. The Agreement provides an option for up to three (3) one-year extensions of the Agreement by the mutual written consent of both parties. B. The City now maintains at least thirty-eight (38) more catch basins than it did at the time the City solicited bids for the services, and additional City -maintained catch basins may be added during the term of the Agreement. C. City and Contractor now desire to amend the Agreement to extend the term until June 30, 2017, and to modify the compensation structure to account for the additional catch basins, as detailed below. TERMS 1. Amendments. (a) Term. The term of the Agreement is hereby extended until June 30, 2017. This Agreement may be renewed for up to two (2) one-year periods by the mutual consent of the parties. (b) Compensation. Compensation for services rendered under this Agreement from the effective date of this Amendment until June 30, 2017, shall not exceed Seventy Five Thousand Five Hundred Dollars ($75,500). Contractor shall be paid at the rates listed in Exhibit B to the Agreement, subject to the following changes: The Unit Cost for Line 1, "Pre -Season Inspection and Cleanout of City Maintained CBs," shall remain at $20.00 per basin for the first 680 catch basins. For every catch basin thereafter, the Unit Cost for Line 1 shall be $12.75 per basin. The Unit Cost for Line 2, "Wet Season Inspection and Cleaning of All City Maintained CBs," shall remain at $8,670 per month for the first 680 catch basins. For every catch basin thereafter, the Unit Cost for Line 2 shall be $12.75 per basin per month. 2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after 01203.0006/306075.1 B-1 the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Contractor that, as of the date of this Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. 5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 01203.0006/306075.1 B-2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. ATTEST: Carla Morreale, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Dave Aleshire, City Attorney City: CITY OF RANCHO PALOS VERDES Ken Dyda, Mayor Contractor: RON' S MAINTENANCE, INC. Name: Title: By: Name: Title: Address: NOTE: LESSEE'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO LESSEE'S BUSINESS ENTITY. 01203.0006/306075.1 B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2016 before me, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S) OR ENTITY(IES)) SIGNERS) OTHER THAN NAMED ABOVE 01203.0006/306075.1 B-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2016 before me, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01203.0006/306075.1 B-5 Exhibit B Ron's Maintenance, Inc. P.Q. Box 4562, Downey, California, 90241 Entail: Ronsmaintenxnce(44ol,com Cell: 213-359-3827 Office: 562-861-2430 July 19, 2016 Sean Larvenz Maintenance Superintendent City ofRancbo Palos Verde Department of Public Works Dear Mr. Larvenz Ron's Maintenance Inc. (RMI) accept the renewal for the first option year for Catch Basin Cleaning agreement which started September 15, 2015 with the optional year beginning July 1, 2016. The contract may be renewed fir duce (3) additional years, open mutual agreement in writing from bath Parties. Extra work has been ordered in writing by the Department of Public Works and accepted by the Don's Maintenance to clean an additional 38 Catch Basins at the contract rate of $12.75/per basin. Any additional opportunities WAW be honored at the same rate of $12.75 per Basin. RMI will honor the prices proposed in the Bidding Schedule dated September 1, 2015 and approved contract dated September 15, 2015. Sincerely, Ron's Maintenance, Inc. President 01203.0006/306075.1 B-6 Ron's Maintenance, Inc. P.O. Box 4562, Downey, California, 90241 Email: Ron smaintenanceC&aol.com CeIl:213-359-3827 Office: 562-861-2430 July 19, 2416 Sean Larvenz Maintenance Superintendent City of Rancho Palos Verdes Department of Public Works Dear Mr. Larvenz Ron's Maintenance Inc. (RMI) accept the renewal for the first option year for Catch Basin Cleaning agreement which started September 15, 2015 with the optional year beginning July 1° 2016. The contract may be renewed for three (3) additional years, upon mutual agreement in writing from both Parties. Extra work has been ordered in writing by the Department of Public Works and accepted by the Ron's Maintenance to clean an additional 38 Catch Basins at the contract rate of $12.75/per basin. Any additional opportunities will be honored at the same rate of $12.75 per basin. RMI will honor the prices proposed in the Bidding Schedule dated September 1, 2015 and approved contract dated September 15, 2015. Sincerely, Ron's Maintenance, Inc. President C-1