CC SR 20150915 K - Contract for Catch Basin Cleaning ServicesCITYOF
MEMORANDUM
PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: MICHAEL THRONE, P.E., DIRECTOR OF PUBLIC WORKS
DATE: SEPTEMBER 15, 2015
SUBJECT: AWARD CONTRACT FOR CATCH BASIN CLEANING SERVICES
REVIEWED: DOUG WILLMORE, CITY MANAGER 44A)
Project Manager: Sean Larvenz, Maintenance Superintendent
RECOMMENDATIONS
1. Approve the award of the Catch Basin Cleaning Maintenance Contract with
Ron's Maintenance, Inc.; and
2. Authorize the Mayor and City Clerk to execute the contract.
EXECUTIVE SUMMARY
The City contracts annually for catch basin inspection and cleaning services after
soliciting proposals from several vendors. This year, as in the past three, Ron's
Maintenance, Inc. provided the low cost proposal. While the City is not bound to the low
bidder (as is the case for construction contracts), Ron's Maintenance has provided
satisfactory service over the past years and is familiar with the City's network of catch
basins. Therefore Staff is recommending awarding the catch basin cleaning contract to
Ron's Maintenance, with a not to exceed value of $74,970.
FISCAL IMPACT
Budgeted Amount:
$55,000
Additional Appropriation:
$20,000 (Continuing Appropriation pending)
New Amount Balance:
$75,000
Account Number(s): 101-3007-431- 43 -00
BACKGROUND
Each year the City is responsible to keep its catch basins clean to the standards
promulgated by the Municipal Separate Storm Sewer System (MS4) Permit. Last year
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Award of Maintenance Contract for Catch Basin Cleaning
September 15, 2015
Page 2 of 2
the City was required to do very little cleaning due to minimal rainfall. Available funds
from last year's budget have been requested as a continuing appropriation to provide for
an anticipated increase in service this year due to the anticipate EI Nino condition.
DISCUSSION
The City developed and distributed an RFP for catch basin inspection and cleaning
services earlier this summer. Two firms, United Stormwater and Ron's Maintenance
responded with proposals (qualifications and fee proposals). Both firms are qualified to
the satisfaction of Staff. The difference is in the fee proposal. United Stormwater
provided a fee proposal of $444,820. Ron's Maintenance provided a fee proposal of
$74,970. Ron's Maintenance has provided satisfactory service in past years and has
indicated it will be ready to do so again. The services include a pre -season cleaning
and monthly inspection and cleaning through the wet season. The contract also
includes applying "No Dumping" messages to any of the catch basins that are illegible.
The contract was approved in form by the (then current) City Attorney at the time the
RFP was issued.
CONCLUSION
Adopting the staff recommendation allows the City to perform catch basin cleaning work
required by the MS4 permit. Ron's Maintenance has provided satisfactory service to
the City in the past and also provided the low bid. Staff recommends awarding a
maintenance contract to Ron's Maintenance in a value not to exceed $74,970.
ALTERNATIVES
The City Council could choose to reject all bids and direct staff to issue a revised RFP for
the work.
Attachments
Maintenance Agreement (page 3)
K
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.
follows:
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as
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 Majeure. Neither the City nor Contractor shall be responsible for delays in
performance under this Agreement due to causes beyond its control, including but not
limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or
other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight
embargoes, unusually severe weather, and supplier delays due to such causes. Neither
economic nor market conditions nor the financial condition of either party shall be
considered a cause to excuse delay pursuant to this Section. Each party shall notify the
other promptly in writing of each such excusable delay, its cause and its expected delay,
and shall upon request update such notice.
6. Compensation. In consideration of the services rendered hereunder, City shall pay
Contractor a fee not to exceed Seventy Four Thousand Nine Hundred Seventy Dollars
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($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.
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13. Antitrust Claims. Contractor offers and agrees to assign to the City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section
16700) of Part 2 of Division 7 of the California Business and Professions Code) arising
from purchases of goods, services, or materials pursuant to the Agreement. This
assignment shall be made and become effective at the time the City tenders final payment
to Contractor without further acknowledgment by the parties.
14. Utilities. The City acknowledges its responsibilities under Government Code Section 4215
and incorporates that section herein by this reference.
15. Location of Existing Elements. The methods used and costs involved to locate existing
elements, points of connection and all construction methods are Contractor's sole
responsibility. Accuracy of information furnished, as to existing conditions, is not
guaranteed by the City. Contractor, at its sole expense, must make all investigations
necessary to determine locations of existing elements, which may include, without
limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing
specialized locating equipment and/or hand trenching.
16. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly
independent contractor. Neither the City nor any of its agents shall have control over the
conduct of Contractor or any of the Contractor's employees, except as herein set forth,
and Contractor is free to dispose of all portions of its time and activities which it is not
obligated to devote to the City in such a manner and to such persons, firms, or
corporations at the Contractor wishes except as expressly provided in this Agreement.
Contractor shall have no power to incur any debt, obligation, or liability on behalf of the
City, bind the City in any manner, or otherwise act on behalf of the City as an agent.
Contractor shall not, at any time or in any manner, represent that it or any of its agents,
servants or employees, are in any manner agents, servants or employees of City.
Contractor agrees to pay all required taxes on amounts paid to Contractor under this
Agreement, and to indemnify and hold the City harmless from any and all taxes,
assessments, penalties, and interest asserted against the City by reason of the
independent contractor relationship created by this Agreement. Contractor shall fully
comply with the workers' compensation law regarding Contractor and its employees.
Contractor further agrees to indemnify and hold the City harmless from any failure of
Contractor to comply with applicable workers' compensation laws. The City shall have the
right to offset against the amount of any compensation due to Contractor under this
Agreement any amount due to the City from Contractor as a result of its failure to promptly
pay to the City any reimbursement or indemnification arising under this Section.
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
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its employees. In accordance with the provisions of California Labor Code Section 1861,
the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with
such provisions before commencing the performance of the work of
this contract."
19. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any
individual based on race, color, religion, nationality, gender, sex, sexual orientation, age
or condition of disability. Contractor understands and agrees that it is bound by and will
comply with the nondiscrimination mandates of all statutes and local ordinances and
regulations.
20. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred
throughout the duration of this Agreement. Contractor shall not perform work with
debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7.
21. Compliance with Laws. Contractor shall comply with all applicable federal, state and local
laws, ordinances, codes and regulations in force at the time Contractor performs pursuant
to this Agreement.
22. Bonds. Contractor shall obtain 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.
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26. Non -Assignability: Subcontractinq. Contractor shall not assign or transfer any interest in
this Agreement nor any part thereof, whether by assignment or novation, without the City's
prior written consent. Any purported assignment without written consent shall be null,
void, and of no effect, and Contractor shall hold harmless, defend and indemnify the City
and its officers, officials, employees, agents and representatives with respect to any claim,
demand or action arising from or relating to any unauthorized assignment.
27. Applicable Law. The validity, interpretation, and performance of this Agreement shall be
controlled by and construed under the laws of the State of California, excluding California's
choice of law rules. Venue for any such action relating to this Agreement shall be in the
Los Angeles County Superior Court.
28. Attorneys' Fees. If any legal action or other proceeding, including action for declaratory
relief, is brought for the enforcement of this Agreement or because of an alleged dispute,
breach, default or misrepresentation in connection with this Agreement, the prevailing
party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs,
in addition to any other relief to which the party may be entitled.
29. Titles. The titles used in this Agreement are for convenience only and shall in no way
define, limit or describe the scope or intent of this Agreement or any part of it.
30. Authority. The person executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
31. Entire Agreement. This Agreement, including any other documents incorporated herein
by specific reference, represents the entire and integrated agreement between City and
Contractor. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be modified or amended, nor
any provision or breach waived, except in a writing signed by both parties which expressly
refers to this Agreement.
32. Construction. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
33. Non -waiver of Terms, Rights and Remedies. Waiver by either party of any one or more
of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by the City
of any payment to Consultant constitute or be construed as a waiver by the City of any
breach of covenant, or any default which may then exist on the part of Consultant, and the
making of any such payment by the City shall in no way impair or prejudice any right or
remedy available to the City with regard to such breach or default.
34. Notice. Except as otherwise required by law, any notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed received
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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
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 Ron's Maintenance, Inc.
By:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
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By:
Printed Name:
Mayor Title:
By:
Printed Name:
Title:
City Attorney
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
PreSeason 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.
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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 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.
ATTACHMENT NO. 1 TO SCOPE OF WORK
Catch Basin Cleaning Standard
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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, f)
cemented materials that have been dumped on or into the basin, and cannot be
removed by normal cleanout operations, g) catch basins requiring safety bars per
Standard Plan 310 and h) legibility of stenciled no dumping message. Catch
basins with unsound conditions, or conditions preventing the safe and complete
cleaning of the basin, shall be photographed prior to cleaning. Photo
documentation of unsound conditions shall be submitted to the Engineer 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
`f)
Contractor's responsibility to remove these frozen cover screws. If during their
removal the catch basin covers or screws should become damaged, it shall be the
Contractor's responsibility to replace them in accordance with the applicable
Standard Plan and to redrill and thread new holes, if necessary, at no additional
cost to the City. If heat is used to facilitate removal of frozen cover screws, the
screws must be checked the following workday to verify that they have not
refrozen.
The Contractor's attention is directed to the fact that a single grating weighs more than
200 pounds.
Before leaving a catch basin, the Contractor shall thoroughly clean all debris from
the manhole frame and cover and/or grating frame and grating. When replacing
the catch basin covers, the Contractor shall grease all catch basin cover screws
with a high temperature thread lubricant and seal grease (Jet -Lube by Koper-Kote
or equivalent) and shall furnish and replace any missing screws.
3. Testing for Safe Atmospheric Conditions
As required by CAL -OSHA, the Contractor shall continuously test for safe
atmosphere conditions in each catch basin. Testing shall be done immediately
prior to removing the manhole cover or grating as applicable and continuously
thereafter while anyone is working in the basin. Testing shall verify that safe
atmosphere conditions exist in the catch basin. 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
12
The Contractor shall remove and legally dispose of all trash, debris, waste and liquid
generated by the catch basin cleaning work as specified herein
a) Method of Removal
All debris and trash required to be removed from the catch basins shall be removed
in a manner to be determined by the Contractor. However, the method to be used
shall be such that trash and debris collected from within Rancho Palos Verdes
shall not be commingled with trash and debris collected from another jurisdiction
prior to it being quantified. The Contractor shall not allow any trash or debris to
enter the connector pipe or main line as a result of the cleanout operations.
b) Debris Disposal
Prior to the start of the Work, the Contractor shall identify his intended disposal
sites. All debris and trash removed under this Contract shall become the property
of the Contractor and shall be legally disposed of by him away from the catch basin
sites. The Contractor is responsible for proper disposal of the debris and trash,
including obtaining approvals from all jurisdictional agencies, as applicable. The
Contractor shall be responsible for removing any dead animal from inside a catch
basin. The Contractor shall also be solely responsible for contacting and
coordinating with Animal Care and Control for prompt pick up. No dead animal
shall be left for pick up. Animal Care and Control services are provided to the City
by:
Los Angeles County
Animal Care and Control
Carson Shelter
216 W. Victoria Street
Carson, CA 90248
(310) 523-9566
Vehicles used by the Contractor to transport debris to approved dump sites shall
be so equipped that spillage of liquids or solids does not occur. Covering of the
load shall be required to prevent the debris from being blown off the transport
vehicle. Vehicles and personnel operating these vehicles that do not comply with
this requirement may be ordered removed from the Project and shall not be utilized
again.
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
13
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
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 basin
or side opening of catch basin, and
opening, and on top or between metal
on top or between metal grates ofgrates.
grated catch basin.
Vegetation growing across and/or
No vegetation blocking catch
blocking the basin opening.
basin opening
Trash and debris in the basin.
No trash and debris within the
catch basin.
Trash and debris in the connector
No trash and debris in 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 basins
baskets or metal screens.
retrofitted with baskets or metal
screens
Trash and Debris on cps (connecto
I
No trash and debris on cp
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.
14
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.
ATTACHMENT NO. 2 TO SCOPE OF WORK
NO DUMPING Message Standard
15
R6876-0504\1862734v1.doc
CATCH BASIN "NO DUMPING" MESSAGE STANDARD
City of Rancho Palos Verdes
R=15 mm (1/2")
White top layer
Cut out top layer
to blue under layer
NOTES:
305 t2"
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
preformed. 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.
16
li:L�i[�ItL�aciZ•YKi]»i]��i�I� c7T./
Public Convenience and Safety Standards
R6876-0504\1862734v1.doc
17
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.
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 0 Crest Road (RH border to PVDE)
• Palos Verdes Drive South ❑ Palos • Granvia Altamira
Verdes Drive East ❑ Hawthorne Blvd. ❑ • Ridgegate Drive
Crenshaw Blvd. Highridge Road
• Crestridge Road Montemalaga Drive
• Silver Spur Road Indian Peak Road
Crest Road (Hawthorne to RH) 0Miraleste 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.
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.
19
No street restrictions shall be allowed without advance written approval from the Director
of Public Works or his authorized representative. Certified flaggers with handheld
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.
EXHIBIT B
Contractor's Proposal
20
R6876-0504\1862734v1.doc
21
Ron's Maintenance, Inc.
City of Rancho Palos Verdes
Catch Basin Cleanout
Proposal Bid
September 1, 2015
22
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
23
City of Rancho Palos Verdes, Public Works Department
Pricinq is for the period September 2015 through June 2016
Inspection and Cleap
,,ing of City Maintained Catch Basins
Bidding Schedule
Estimated quantities are for bid purposes only.
increaser decrease the quantity of times.
a
Title
Printed Name
Company
I G'
The City reserves the right to
Date
11
MA
EXTENDED
LINE
DESCRIPTION
UNIT COST
UNIT
ESTIMATED
PRICE
QUANTITY
(Unit Cost
x Est. Quantity)
Pre -Season Inspection
1
and Cleanout of City
$
CB
680
Maintained CBs
Wet Season Inspection
2.
and Cleaning of All City
$
Mo.
7
Z/
Maintained CBs
3.
Prepare Approved Traffic
Control Plan
$
LS
1
Provide and affix a "No
4.
Dumping" message to
the catch basin — as
$
Ea.
170
needed
Total gid in Numbers:
TOTAL COST ADD LINES 1-4
$
Total Bi in Words:
Estimated quantities are for bid purposes only.
increaser decrease the quantity of times.
a
Title
Printed Name
Company
I G'
The City reserves the right to
Date
11
MA
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)
25
R6876-0504\1862734v1.doc
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\1860311v1.doc
26
R6876-0001\1860311v1.doc
Worker's Compensation Certificate of Insurance
WHEREAS, the City of Rancho Palos Verdes has required certain insurance to be provided by:
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued
the policy or policies described below to the following named insureds and that the same are in
force at this time:
This certificate is issued to:
City of Rancho Palos Verdes
City Hall
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
2. The insured under such policy or policies are:
3. Worker's Compensation Policy or Policies in a form approved by the Insurance
Commissioner of California covering all operations of the named insureds as follows:
Policy Number Effective Date Expiration Date
4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or
limits of liability, unless and until thirty (30) days' written notice thereof has been served upon the
City Clerk of the City of Rancho Palos Verdes.
2
Its Authorized Representative
27
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND
WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No. or description
Indemnitor(s) (list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost 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:
By:
By:
Name:
R6876-0001 \1860311 v1.doc
28
Its Its
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is
attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as
follows:
1. The ("Public Agency"), its
elected officials, officers, attorneys, agents, employees, and volunteers are additional insured (the
above named additional insured are hereafter referred to as the "Additional Insured") under the
Policy in relation to those activities described generally above with regard to operations performed
by or on behalf of the Named Insured. The Additional Insured have no liability for the payment of
any premiums or assessments under the Policy.
2. The insurance coverage's afforded the Additional Insured under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insured shall be called
upon to contribute with the insurance coverage's provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each
Additional Insured against whom claim is made or suit is brought except with respect to the limits
of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a
claim by one insured under the policy against another insured under the policy. All such claims
shall be covered as third -party claims, i.e., in the same manner as if separate policies had been
issued to each insured. Nothing contained in this provision shall operate to increase or replicate
the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to
the terms, conditions and exclusions applicable to such insurance) includes liability assumed by
the Named Insured under the indemnification and/or hold harmless provision(s) contained in or
executed in conjunction with the written agreement(s) or permit(s) designated above, between the
Named Insured and the Additional Insured.
6. The policy to which this endorsement is attached shall not be subject to
cancellation, change in coverage, reduction of limits (except as the result of the payment of
R6876-0001\1860311v1.doc
29
claims), or non -renewal except after written notice to Public Agency, by certified mail, return
receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of
Company's failure to comply with this notice provision, the policy as initially drafted will continue
in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the
Additional Insured, while acting within the scope of their duties, from all claims, losses and
liabilities arising out of or incident to the perils insured against in relation to those activities
described generally above with regard to operations performed by or on behalf of the Named
Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the
Additional Insured.
8. It is hereby agreed that the laws of the State of California shall apply to and govern
the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency
at:
10. Except as stated above and not in conflict with this endorsement, nothing
contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions
of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
❑ Contractual Liability
❑ Owners/Land lords/Tenants
❑ Manufacturers/Contractors
❑ Products/Completed Operations
❑ Broad Form Property Damage
❑ Extended Bodily Injury
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
❑ Explosion Hazard
❑ Collapse Hazard
❑ Underground Property Damage
❑ Pollution Liability
❑ Liquor Liability
11. Scheduled items or locations are to be identified on an attached sheet. The
following inclusions relate to the above coverages. Includes:
❑ Broad Form Comprehensive ❑
General Liability Endorsement
IN]
R6876-0001\1860311v1.doc
30
12. A ❑ deductible or ❑ self-insured retention (check one) of $_ applies to all
coverage(s) except: _ (if none, so state). The deductible is applicable ❑ per claim or ❑ per
occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and
forms a part of
Policy Number
I, (print name),
hereby declare under penalty of perjury under the laws of the State of California, that I have the
authority to bind the Company to this endorsement and that by my execution hereof, I do so bind
the Company.
Executed
, 20
Telephone No.: ( )
Signature of Authorized Representative
(Original signature only; no facsimile
signature or initialed signature accepted)
R6876-0001\1860311v1.doc
31
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured.
Notwithstanding any inconsistent statement in the policy to which this endorsement is
attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as
follows:
1. The ("Public Agency"), its elected officials, officers, attorneys, agents,
employees, and volunteers are additional insured (the above named additional insured are
hereafter referred to as the "Additional Insured") under the Policy in relation to those activities
described generally above with regard to operations performed by or on behalf of the Named
Insured. The Additional Insured have no liability for the payment of any premiums or assessments
under the Policy.
2. The insurance coverage's afforded the Additional Insured under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insured shall be called
upon to contribute with the insurance coverage's provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each
Additional Insured against whom claim is made or suit is brought except with respect to the limits
of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a
claim by one insured under the policy against another insured under the policy. All such claims
shall be covered as third -party claims, i.e., in the same manner as if separate policies had been
issued to each insured. Nothing contained in this provision shall operate to increase or replicate
the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to
the terms, conditions and exclusions applicable to such insurance) includes liability assumed by
the Named Insured under the indemnification and/or hold harmless provision(s) contained or
executed in conjunction with the written agreement(s) or permit(s) designated above, between the
Named Insured and the Additional Insured.
6. The policy to which this endorsement is attached shall not be subject to
cancellation, change in coverage, reduction of limits (except as the result of the payment of
claims), or non -renewal except after written notice to Public Agency, by certified mail, return
receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of
Company's failure to comply with this notice provision, the policy as initially drafted will continue
in full force and effect until compliance with this notice requirement.
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32
7. Company hereby waives all rights of subrogation and contribution against the
Additional Insured, while acting within the scope of their duties, from all claims, losses and
liabilities arising out of or incident to the perils insured against in relation to those activities
described generally above with regard to operations performed by or on behalf of the Named
Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the
Additional Insured.
8. It is hereby agreed that the laws of the State of California shall apply to and govern
the validity, construction, interpretation, and enforcement of this contract of insurance.
at:
9. This endorsement and all notices given hereunder shall be sent to Public Agency
City Manager
The City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing
contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions
of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet.
following inclusions relate to the above coverage's. Includes:
❑ Any Automobiles ❑ Truckers Coverage
❑ All Owned Automobiles ❑ Motor Carrier Act
❑ Non -owned Automobiles ❑ Bus Regulatory Reform Act
❑ Hired Automobiles ❑ Public Livery Coverage
❑ Scheduled Automobiles ❑
❑ Garage Coverage ❑
The
12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies tn all
coverage(s) except: _ (if none, so state). The deductible is applicable ❑ per claim or ❑ per
occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of
Policy Number
I, (print name),
hereby declare under penalty of perjury under the laws of the State of California, that I have the
R6876-0001\1 860311 v1. doc
33
authority to bind the Company to this endorsement and that by my execution hereof, I do so bind
the Company.
Executed
, 20
Telephone No.: ( )
Signature of Authorized Representative
(Original signature only; no facsimile
signature or initialed signature accepted)
R6876-0001 \1 860311 v1. doc
34
Bond No.
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to
(Name and address of Contractor)
("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the
work described as follows:
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
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency and all subcontractors, laborers, material persons,
and other persons employed in the performance of the Contract in the penal sum of
Dollars ($_) (the "Penal Sum"), this amount being not less than one hundred percent (100%) of
the total Contract price, in lawful money of the United States of America, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his,
her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to
pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due
under the Unemployment Insurance Code with respect to work or labor performed under the
Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the Principal and subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor
performed under the Contract, the Surety will pay for the same in an amount not exceeding the
Penal Sum specified in this bond; otherwise, this obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the California
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
the bond. In case suit is brought upon this bond, Surety further agrees to pay, in addition to the
Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees,
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35
incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration, addition or modification to the terms of the Contract, or of the work to be performed
there under, or the specifications for the same, shall in any way affect its obligations under this
bond, and it does hereby waive notice of any such change, extension of time, alteration, addition,
or modification to the terms of the Contract or to the work or to the specifications there under.
Surety hereby waives the provisions of California Civil Code sections 2845 and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for
all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on
the date set forth below, the name of each corporate party being hereto affixed and these presents
duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
By:
"Surety"
Its By:
By:
Its
(Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:
Insurance Administrator
R6876-0001 \1860311 v1.doc
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
36
Its
By:
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
36
Public Agency Attorney
2
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be attached.
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37
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
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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.
39
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.
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all