RPVCCA_CC_SR_2013_02_19_C_Award_Contract_Ryan_Park_Restrooms_ImprovementsCity of RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
DEPARTMENT OF PUBLIC WORKS
HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
LES JONES,INTERIM DIRECTOR OF PUBLIC WORKS ~
FEBRUARY 19,2013 D
AWARD CONTRACT FOR RYAN PARK RESTROOMS
IMPROVEMENTS AND ACCESSIBILITY COMPLIANCE
PROJECT (SUPPORTS 2013 CITY COUNCIL GOAL No.4,
PUBLIC INFRASTRUCTURE).
CAROLYN LEHR,CITY MANAGER ~
Staff Coordinator:Siamak Motahari,Senior Engineer ::IJ!
RECOMMENDATIONS
1.Approve Plans and specifications for Ryan Park Restrooms Improvements and
Accessibility Compliance project.
2.Adopt Resolution No.__a Resolution of the City Council of the City of Rancho
Palos Verdes,amending Resolution 2012-43,the budget appropriation for Fiscal Year
2012-13,for a budget adjustment to the City's Parks,Trails and Open Space
Improvements Program in the Capital Improvement Projects Fund,in the amount of
$44,512,authorizing expenditure of this amount for additional construction costs of
Ryan Park Restrooms Improvements and Accessibility Compliance project.
3.Award a construction contract for Ryan Park Restrooms Improvements and
Accessibility Compliance project to Z K Construction Inc.in an amount not to exceed
$240,200,and authorize staff to spend an additional 10%contingency in the amount
of $24,020 for unforeseen conditions,for a total authorization of $264,220.
4.Authorize the Mayor and City Clerk to execute the construction contract with Z K
Construction Inc.
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BACKGROUND
Current facility components at Robert Ryan Park (11.6 acres)include a recreation building,
an office for staff,restrooms,a baseball field,basketball court,children's playground,picnic
facilities,maintenance yard,and two off-street parking lots.Ryan Park is frequently used by
the community and specifically by young athletes over the weekends and during the holidays
or special events.
The restrooms at Ryan Park were built in 1969 and have not had any major improvements since
that date.The restrooms are in poor condition and were built prior to the adoption of the
Americans with Disabilities Act ("ADA"),so they do not meet ADA requirements.Additionally,the
lower parking lot,which is designated for use by persons with disabilities,and the pathway
connecting these facilities to the restrooms were built many years ago and in all likelihood also
predate the adoption of the ADA.
The goal of the proposed improvements is to improve service to the community by making the
restrooms facilities accessible and in good condition.Willdan Engineering and Alexander &
Hibbs AlA,'Inc.prepared the plans,specifications and cost estimate for the engineering and
architecture aspects of this project,respectively.
Based on staff's recommendation,on January 15,2013 the City Council rejected all bids and
directed staff to re-bid the project.
DISCUSSION
The project was advertised and sealed bids were received and opened at 11 :00 a.m.on
February 5,2013.8taff reviewed the bids and found the first lowest bidder to be Y & M
Construction.However,staff and the City Attorney's review of Y &M Construction's bid
revealed that it was missing a significant amount of required information.The entire
industrial safety record was not filled in and was blank.Also,regarding the lead abatement
requirement,bidders either had to submit copies of all notices of violation in the past five
years or sign their initials by a statement that no such notices had been issued,neither of
which was done.The lead abatement requirement page clearly stated:"Failure to attach all
such [notices of violations]shall make this proposal nonresponsive."These two and other
omissions have lead staff and the City Attorney to determine that Y &M Construction's bid is
nonresponsive.
Z K Construction is the second lowest bidder.Z K Construction's bid is $35,200 over the
engineer's cost estimate of $205,000.The following table summarizes the various bid
amounts:
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Ryan Park Restrooms Improvements and Accessibility Compliance Project
Engineer's Estimate =$205,000
Bid Opening on Tuesday,February 5,2013
Bidder Bid
Y&M Construction Inc.$179,193
Z K Construction $240,200
Calzon Builders Inc.$242,560
AVI-Con.,Inc.$247,000
R Brothers Inc.$273,000
Monet Construction Inc.$273,740
G2K Construction Inc.$286,875
Gamma Builders Inc.$294,231
Marjan Builders $299,295
Unique Performance Const.Inc.$299,382
Fleming Environmental Inc.$342,760
C.S.Legacy Construction Inc.$383,657
L.A.Dev.&Builders Inc.$408,431.25
Staff has contacted Z K Construction Inc.'s references and found that they have performed
satisfactory work on their previous jobs,including the one for the City.They possess a
General Contractors'License Class "B,"which is current.Thus,staff recommends award to
Z K Construction Inc.
ALTERNATIVE
An alternative recommendation is to reject all construction bids and re-advertise the
construction project.This alternative may delay the project up to four months and may not
necessarily result in obtaining lower bids.
CONCLUSION
Adopting staff's recommendations will result in completing the Ryan Park Restrooms
Improvements and Accessibility Compliance project,which enhances service to the
community by making the restrooms and the lower parking lot accessible and in good
condition.Construction work is scheduled to begin in March and is expected to be
completed in June of 2013.
FISCAL IMPACT
The recommended action will obligate a maximum construction expenditure of $264,220.
The project's approved budget is $223,000 of which $3,292 has been expended for other
design related costs.Therefore,adoption of a Resolution for $44,512 budget appropriation
is necessary.
If the City Council adopts Staff's recommendation,the revised estimated Capital
Improvement Projects Fund Balance at June 30,2013 will be $13,256,376.
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Attachments:1-Resolution No.
2-Contract Form
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RESOLUTION NO.2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES,AMENDING RESOLUTION 2012-43,THE BUDGET APPROPRIATION
FOR FISCAL YEAR 2012-13,FOR A BUDGET ADJUSTMENT TO THE CITY'S
PARKS,TRAILS AND OPEN SPACE IMPROVEMENTS PROGRAM IN THE CAPITAL
IMPROVEMENT PROJECTS FUND
WHEREAS,Section 3.32 of the Rancho Palos Verdes Municipal Code provides that all expenditures
in excess of budgeted allocations must be by supplemental appropriation of the City Council;and
WHEREAS,on June 19,2012,the City Council of the City of Rancho Palos Verdes adopted
Resolution 2012-43,approving a spending plan and authorizing a budget appropriation for the 2012-
2013 fiscal year;and
WHEREAS,Ryan Park Restrooms Improvement and ADA Compliance Project has an approved
budget appropriation of $223,000;and
WHEREAS,the'cost of the Ryan Park Restrooms Improvement and ADA Compliance project is
$264,220 for construction and contingency,in addition to $3,292 for design related costs;and
WHEREAS,a budget increase of $44,512 to the Parks,Trails &Open Space Improvements Program
in the Capital Improvement Projects Fund is therefore necessary to authorize the expenditure for this
work;and
BE IT,THEREFORE,RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES:
The following adjustment(s)be made to the following fund(s):
Parks,Trails &Open Space Improvements Program in the Capital Improvement Projects Fund:
Infrastructure Improvements 330-3033-461-73-00 $44,512
Verified by Finance:_.....:l::..::(J)~__
Resolution No.2013-__
PASSED,APPROVED,AND ADOPTED THIS 19th DAY OF FEBRUARY 2013.
MAYOR
ATTEST:
CITY CLERK
Page 1 of 2
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State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I,CARLA MORREALE,City Clerk of The City of Rancho Palos Verdes,hereby certify that the above
Resolution No.2013-_was duly and regularly passed and adopted by the said City Council at a
regular meeting thereof held on February 19,2013.
CITY CLERK
CITY OF RANCHO PALOS VERDES
Resolution No.2013-
Page 2 of2
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CITY OF RANCHO PALOS VERDES
PUBLIC WORKS AGREEMENT
THIS AGREEMENT ("Agreement")is made and entered this day of ,2013,
by and between the CITY OF RANCHO PALOS VERDES,a California municipal corporation ("City")
and ("Contractor").Contractor's license number is _
In consideration of the mutual covenants hereinafter set forth,the parties hereto agree as follows:
1.Scope of Services.Contractor shall perform the work and provide all labor,materials,
equipment and services in a good and workmanlike manner for the project identified as
RYAN PARK RESTROOMS IMPROVEMENT AND ADA COMPLIANCE ("Project"),as
described in this Agreement and in the Bid Documents (including the Notice Inviting Sealed
Bids,the Instructions to Bidders,the General Provisions,the Special Provisions,the
Proposal,Appendices I through IV,all project plans,and all addenda as prepared prior to
the date of bid opening setting forth any modifications or interpretations of any said
documents),which are attached hereto as Exhibit "A"and incorporated herein by this
reference,including miscellaneous appurtenant work.All work shall be performed in
acCordance with the latest edition of the Standard Specifications for Public Works
Construction (commonly known as the "Greenbook"),including supplements,prepared and
promulgated by the Southern California Chapter of the American Public Works Association
and the Associated General Contractors of California (collectively "Standard Specifications"),
as well as in accordance with the Construction Specification Institute's Master Format,both
of which are incorporated herein by this reference.In the event of any conflict between the
terms of this Agreement and incorporated documents,the terms of this Agreement shall
control.
2.Extra Work.Extra work,when ordered in writing by the Director of Public Works and
accepted by the Contractor,shall be paid for under written work order in accordance with the
terms therein provided.Payment for extra work will be made at the unit price or lump sum
previously agreed upon in writing between the Contractor and the Director of Public Works.
All extra work shall be adjusted daily upon report sheet furnished by the Contractor,
prepared by the Director of Public Works,and signed by both parties,and said daily report
shall be considered thereafter the true records of extra work done.
3.Effective Date.This Agreement is effective as of the date listed above,and shall remain in
full force and effect until Contractor has rendered the services required by this Agreement.
4.Time.Time is of the essence in this Agreement.
5.Force Majeure.Neither the City nor Contractor shall be responsible for delays in
performance under this Agreement due to causes beyond its control,including but not
limited to acts of God,acts of the public enemy,acts of the Government,fires,floods or
other casualty,epidemics,earthquakes,labor stoppages or slowdowns,freight embargoes,
unusually severe weather,and supplier delays due to such causes.Neither economic nor
market conditions nor the financial condition of either party shall be considered a cause to
excuse delay pursuant to this Section.Each party shall notify the other promptly in writing of
each such excusable delay,its cause and its expected delay,and shall upon request update
such notice.
6.Compensation.In consideration of the services rendered hereunder,City shall pay
Contractor a not to exceed amount of dollars ($)
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in accordance with the prices as submitted in Contractor's Proposal,attached hereto as
Exhibit liB"and incorporated herein by this reference.
7.Payments.City shall make payments within thirty (30)days after receipt of an undisputed
and properly submitted payment request from Contractor.City shall return to Contractor any
payment request determined not to be a proper payment request as soon as practicable,but
not later than seven (7)days after receipt,and shall explain in writing the reasons why the
payment request is not proper.
A payment shall be made as the City Council of the City prescribes upon estimates
approved by the City Council.However,progress payments shall not be made in excess of
ninety-five percent (95%)of the percentage of actual work completed plus a like percentage
of the value of material delivered on the ground or stored subject to,or under the control of,
the City,and unused.The City shall withhold not less than five percent (5%)of the
Agreement price until final completion and acceptance of the Project.However,at any time
after fifty percent (50%)of the work has been completed,if the City Council of the City finds
that satisfactory progress is being made,it may,at its discretion,make any of the remaining
progress payments in full for actual work completed.
8.Substitute Security.
a.At the written request and expense of Contractor,securities equivalent to any
moneys withheld by the City to ensure performance under this Agreement shall be
deposited with the City,or with a state or federally chartered bank in the State of
California as the escrow agent,that shall then pay those moneys to Contractor.Upon
satisfactory completion of the Agreement,the securities shall be returned to
Contractor.
b.Alternatively,Contractor may request that the City shall make payment of retentions
earned directly to the escrow agent at the expense of Contractor.At the expense of
Contractor,Contractor may direct the investment of the payments into securities,and
Contractor shall receive the interest earned on the investments upon the same terms
provided for securities deposited by Contractor.Upon satisfactory completion of the
Agreement,Contractor shall receive from the escrow agent all securities,interest,
and payments received by the escrow agent from the City,pursuant to the terms of
this Section.
c.Securities eligible for investment shall include those listed in California Government
Code Section 16430,bank or savings and loan certificates of deposit,interest-
bearing demand deposit accounts,standby letters of credit,or any other security to
which Contractor and the City mutually agree in writing.Contractor shall be the
beneficial owner of any securities substituted for moneys withheld and shall receive
any interest thereon.
d.If Contractor elects to receive interest on moneys withheld in retention by the City,it
shall,at the request of any subcontractor performing more than five percent (5%)of
Contractor's total bid,make that option available to the subcontractor regarding any
moneys withheld in retention by Contractor from the subcontractor.Further
mandatory details are provided in Public Contract Code Section 22300(d),which is
incorporated herein by this reference.
e.The escrow agreement for security deposits in lieu of retention shall be substantially
similar to the form provided in Public Contract Code Section 22300(f),which is
incorporated herein by this reference.
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9.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."
10.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.
11.Unresolved Disputes.In the event that a dispute arises between the City and Contractor
regarding whether the conditions materially differ,involve hazardous waste,or cause a
decrease or increase in Contractor's cost of or time required for performance of any part of
the work,Contractor shall not be excused from any scheduled completion date provided for
by the Agreement,but shall proceed with all work to be performed under the Agreement.
Contractor shall retain any and all rights provided that pertain to the resolution of disputes
and protests between the parties.In the event of any dispute or controversy with the City
over any matter whatsoever,Contractor shall not cause any delay or cessation in or of work,
but shall proceed with the performance of the work in dispute.This includes disputed time
extension requests and prices for changes.The disputed work will be categorized as an
"unresolved dispute"and payment,if any,shall be as later determined by mutual agreement
or a court of law.Contractor shall keep accurate,detailed records of all disputed work,
claims and other disputed matters.Public Contract Code Sections 20104 et seq.and
Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City")shall govern
the procedures of the claim process,and these provisions are incorporated herein by this
reference.
12.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.
13.Incorporation by Reference.All of the following documents are attached hereto and
incorporated herein by this reference:City of Rancho Palos Verdes Instructions for
Execution of Instruments;Insurance Requirements for the City of Rancho Palos Verdes
Public Works Contract;Workers'Compensation Certificate of Insurance;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).
14.Antitrust Claims.In entering into this Agreement,Contractor offers and agrees to assign to
the City all rights,title,and interest in and to all causes of action it may have under Section 4
of the Clayton Act (15 U.S.C.Sec.15)or under the Cartwright Act(Chapter 2 (commencing
with Section 16700)of Part 2 of Division 7 of the California Business and Professions Code)
arising from purchases of goods,services,or materials pursuant to the Agreement.This
assignment shall be made and become effective at the time the City tenders final payment to
Contractor without further acknowledgment by the parties.
15.Trenching and Excavations.If the project involves trenching more than four (4)feet deep,
Contractor shall promptly and before the following conditions are disturbed notify the City in
writing of any:material that Contractor believes may be material that is hazardous waste,as
defined in California Health and Safety Code Section 25117,that is required to be removed
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to a Class I,Class II,or Class III disposal site in accordance with provisions of existing law;
subsurface or latent physical conditions at the site differing from those indicated;or unknown
physical conditions at the site of any unusual nature,different materially from those ordinarily
encountered and generally recognized as inherent in work of the character provided for in
the Agreement.The City shall promptly investigate the conditions,and if the City finds that
the conditions do materially differ or do involve hazardous waste and cause a decrease or
increase in Contractor's cost of or the time required for performance of any part of the work,
the City shall issue a change order.
16.Utilities.The City acknowledges its responsibilities under Government Code Section 4215
and incorporates that Section herein by this reference.
17.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.
18.Lead Abatement Requirements.
a.Contractor shall provide:
i.Proof of Contractor and all supervisors'certification(s)under the
Environmental Protection Agency's Renovation,Repair and Painting ("RRP")
program;
ii.For every worker engaged in lead abatement activities,his or her blood lead
level (BLL)records over the past six months and/or extending backward to
that employee's hire date;
iii.A written statement that a current written respiratory protection plan is in
place and available for review;and
iv.A copy of every worker's current fit test for PAPR and APR respirators,
medical clearance to wear a respirator,and current certificate of lead worker
training complying with California lead worker training requirements.
b.Five days prior to the commencement of work and throughout the duration of the
work,Contractor shall complete and post at all entrances to work areas and
structures with the form called "Abatement of Lead Hazards Notification,"also
referred to as California Department of Public Health form 8551,which is attached
hereto and incorporated herein by this reference.
19.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
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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.
20.Prevailing Wages.City and Contractor acknowledge that this project is a public work to
which prevailing wages apply.The Agreement to Comply with California Labor Law
Requirements is attached hereto and incorporated herein by this reference.Eight hours of
labor constitutes a legal day's work.
21.Workers'Compensation.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
heteby certifies as follows:
"l am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers'compensation or to under take
self-insurance in accordance with the provisions of that code,and I will comply with
such provisions before commencing the performance of the work of this contract."
22.Subcontracting.Contractor shall adhere to all provisions of the Subletting and
Subcontracting Fair Practices Act,Public Contract Code Section 4100 et seq.,which is
incorporated herein by this reference.
23.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.
24.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.
25.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.
26.Bonds.Contractor shall obtain faithful performance and payment bonds,each in an amount
that is not less than the total compensation amount of this Agreement,and nothing in this
Agreement shall be read to excuse this requirement.The required forms entitled Payment
Bond (Labor and Materials)and Performance Bond are attached hereto and incorporated
herein by this reference.
27.Contractor's Representations.Contractor represents,covenants and agrees that:a)
Contractor is licensed,qualified,and capable offurnishing 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
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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.
28.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.
29.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.
30.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.
31.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.
32.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.
33.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.
34.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.
35,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.
36.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.
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37.Non-waiver of Terms,Rights and Remedies.Waiver by either party of anyone 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 Contractor 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 Contractor,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.
38.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:
Les M.Jones II,Interim Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONTRACTOR:
The address listed in Exhibit "B."
39.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.
40.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.
[signatures on next page]
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IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and
year first above written.
CITY OF RANCHO PALOS VERDES
By:-:--_
Mayor
ATTEST:
By:_
City Clerk
Dated:_
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APPROVED AS TO FORM:
By:_
City Attorney
("CONTRACTOR")
By:_
Printed Name:_
Title:_
By:_
Printed Name:_
Title:_
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CITY OF RANCHO PALOS VERDES
INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS
THIS IS INSTRUCTION ONLY -IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE
AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO
PALOS VERDES -IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS.
1.By an Individual.The individual must sign the instrument,and if he/she is doing business under a
fictitious name,the fictitious name must be set forth.The signature must be acknowledged before a
Notary Public,using the proper form of acknowledgment.
2.Bya Partnership.The name of the partnership must be set forth followed by the signatures of less
than all ofthe partners will be acceptable only if submitted with evidence ofauthority to act on behalf
of the partnership.The signatures must be acknowledged before a Notary Public,using the proper
form of acknowledgment.
3.By'a Corporation.The name of the corporation must be set forth,followed by the signatures of the
President or Vice President and Secretary or Assistant Secretary.The signatures must be
acknowledged before a Notary Public,using in substance the following form of acknowledgment.
4.By a Surety.The name of the surety must be set forth,followed by an authorized signature.The
signatures must be acknowledged before a Notary Public,using the proper form of acknowledgment.
STATEOF )
)SS.
COUNTY OF )
On ,20 ,before me,the undersigned,appeared _
known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary
ofthe corporation that executed the within instrument,and acknowledged to me that such corporation executed
the within instrument pursuant to its by-laws or a resolution of its City Council.
WITNESS my signature and seal.
Notary Public
(Seal)
C-9
C-15
INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES
PUBLIC WORKS CONTRACT
The Contractor shall at all time during the term of this Agreement carry,maintain,and keep in full force and
effect,with an insurance company admitted to do business in California and approved by the City (1)a policy
or policies of broad-form comprehensive general liability insurance with minimum limits of $2,000,000.00
combined single limit coverage against any injury,death,lose,or damage as a result of wrongful or negligent
acts by the Contractor,its officers,employees,agents,and independent contractors in performance of services
under this Agreement;(2)property damage insurance with a minimum limit of$1 ,000,000.00;(3)automotive
liability insurance with a minimum combined single limits coverage of $1,000,000.00;and (4)workers'
compensation insurance in the amount required by law.The City,its officers,employees,attorneys,and
volunteers shall be named as additional insured on the policy(ies)as to comprehensive general liability,
property damage,and workers'compensation coverages.
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 non-renewed,
canceled,reduced,or otherwise modified (except through addition ofadditional insured to the
policy)by the insurance carrier without the insurance carrier giving the City thirty (30)days
prior written notice thereof.The Contractor agrees that it will not cancel,reduce or otherwise
modify said insurance coverage.
3.The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect,
and such insurance is available at a reasonable cost,the City may take out the necessary
insurance and pay the premium thereon,and the repayment thereof shall be deemed an
obligation of the Contractor and the cost of such insurance may be deducted,at the option of
the City,from payments due the Contractor.
4.The Contractor shall submit to the City (l)insurance certificates indicating compliance with
the minimum workers'compensation insurance requirements above,and (2)insurancepolicy
endorsements above,not less than one (1)day prior to beginning of performance under this
Agreement.Endorsements must be executed on the City's appropriate standard forms entitled
"Additional Insured Endorsement,"copies of which are attached hereto.
C-IO
C-16
Bond No._
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the _
("Public Agency"),has awarded to _
(Name and address ofContractor)
("Principal"),a contract (the "Contract")for the work described as follows:
RYAN PARK RESTROOMS IMPROVEMENT AND ADA COMPLIANCE.
WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the
payment of claims of laborers,mechanics,materialmen,and other persons as provided by law.
NOW,THEREFORE,we,the undersigned Principal,and _
(Name and address ofSurety)
("Surety")a duly admitted surety insurer under the laws ofthe State ofCalifornia,as Surety,are held
and firmly bound unto the Public Agency in the penal sum of _
Dollars ($),this amount being not less than one hundred percent
(100%)ofthe total contract price,in lawful money of the United States ofAmerica,for the payment ofwhich
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,ifthe 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 ~he 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 all court costs and reasonable attorneys'fees in an amount
fixed by the court.
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 ofthe work to be performed thereunder,or
the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive
notice of any such change,extension of time,alteration,addition,or modification to the terms ofthe Contract
or to the work or to the specifications thereunder.Surety hereby waives the provisions of California Civil
Code sections 2845 and 2849.
C-ll
C-17
IN WITNESS WHEREOF,two (2)identical counterparts of this instrument,each of which shall for all
purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set forth
below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned
representative(s)pursuant to authority of its governing body.
Dated:
"Principal"
By:_
Its
By:_
Its
(Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:_
Insurance Administrator
"Surety"
By:_
Its
By:_
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS,WATSON &GERSHON
A Professional Corporation
By:_
Public Agency Attorney
Note:This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence ofthe authority ofany person
signing as attorney-in-fact must be attached.
C-12
C-18
Bond No.-----
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the _
("Public Agency"),has awarded to _
(Name and address ofContractor)
("Principal"),a contract (the "Contract")for the work described as follows:
RYAN PARK RESTROOMS IMPROVEMENT AND ADA COMPLIANCE.
WHEREAS,Principal is required under the tenns of the Contract to furnish a bond for the faithful
perfonnance of the Contract.
NOW,THEREFORE,we,the undersigned Principal,and _
(Name and address ofSurety)
("Surety")a duly admitted surety insurer under the laws ofthe State of California,as Surety,are held
and firmly bound unto the Public Agency in the penal sum of _
Dollars ($),this amount being not less than the
total contract price,in lawful money ofthe United States of America,for the payment ofwhich sum well and
truly to be made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and
severally,finnly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its
heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and
truly keep and perfonn all the undertakings,tenns,covenants,conditions and agreements in the Contract and
any alteration thereof made as therein provided,on the Principal's part to be kept and perfonned,all within the
time and in the manner therein specified,and in all respects according to their true intent and meaning,and
shall indemnify and hold hannless the Public Agency,its officers,agents,and others as therein provided,then
this obligation shall become null and void;otherwise,it shall be and remain in full force and effect.
In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees
in an amount fixed by the court.
FURTHER,the Surety,for value received,hereby stipulates and agrees that no change,extension of time,
alteration,addition or modification to the tenns of the Contract,or ofthe work to be perfonned thereunder,or
the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive
notice of any such change,extension of time,alteration,addition,or modification to the tenns of the Contract
or to the work or to the specifications thereunder.Surety hereby waives the provisions of California Civil
Code sections 2845 and 2849.The City is the principal beneficiary of this bond and has all rights of a party
hereto.
C-13
C-19
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"
Its
By:_
Its
(Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:_
Insurance Administrator
"Surety"
By:_
Its
By:_
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS,WATSON &GERSHON
A Professional Corporation
By:_
Public Agency Attorney
Note:This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence ofthe authority ofany person
signing as attorney-in-fact must be attached
C-14
C-20
WORKERS'COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS,the City of Rancho Palos Verdes has required certain insurance to be provided by:
NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or
policies described below to the following named insureds and that the same are in force at this time:
1.This certificate is issued to:
City of Rancho Palos Verdes
City Hall
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
2.The insureds under such policy or policies are:
3.Workers'Compensation Policy or Policies in a fonn approved by the Insurance Commissioner of
California covering all operations of the named insureds as follows:
Policy Number Effective Date Expiration Date
4.Said policy or policies shall not be canceled,nor shall there be any reduction in coverage or limits of
liability,unless and until thirty days'written notice thereof has been served upon the City Clerk ofthe
City of Rancho Palos Verdes
By:_
Its Authorized Representative
C-15
C-21
AGREEMENT TO COMPLY WITH
CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code 1720,1773.8,1775,1776,1777.5,1813,1860,1861,3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following
provisions of California law:
1.Contractor acknowledges that this contract is subject to the provisions ofDivision 2,Part 7,Chapter 1
(commencing with Section 1720)of the California Labor Code relating to public works and the
awarding public agency ("Agency")and agrees to be bound by all the provisions thereof as though set
forth in full herein.
2.Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the work to
the extent required by law.
3.Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prt(vailing wages.The Contractor shall,as a penalty to the Agency,forfeit not more than one hundred
dollars ($100)for each calendar day,or portion thereof,for each worker paid less than the prevailing
rates as determined by the Director ofIndustrial Relations for the work or craft in which the worker is
employed for any public work done under the contract by Contractor or by any subcontractor.
4.Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require
Contractor and each subcontractor to (1)keep accurate payroll records,(2)certify and make such
payroll records available for inspection as provided by Section 1776,and (3)inform the Agency ofthe
location of the records.The Contractor is responsible for compliance with Section 1776 by itself and
all of its subcontractors.
5.Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning
the employment of apprentices on public works projects,and further agrees that Contractor is
responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
6.Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning
penalties for workers who work excess hours.The Contractor shall,as a penalty to the Agency,forfeit
twenty-five dollars ($25)for each worker employed in the execution ofthe contract by the Contractor
or by any subcontractor for each calendar day during which such worker is required or permitted to
work more than 8 hours in anyone calendar day and 40 hours in anyone calendar week in violation of
the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code.
7.California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure
the payment of compensation to its employees.In accordance with the provisions of California Labor
Code Section 1861,Contractor hereby certifies as follows:
"I am aware ofthe provisions of Section 3700 ofthe 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 1will comply with
such provisions before commencing the performance of the work of this contract."
Date _Signature _
C-16
C-22
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No.or description:_
Indemnitor(s)(list all names):
To the fullest extent permitted by law,Indemnitor hereby agrees,at its sole cost and expense,to
defend,protect,indemnify,and hold harmless the City ofRancho Palos Verdes and its elected officials,
officers,attorneys,agents,employees,volunteers,successors,and assigns (collectively "Indemnitees")from
and against any and all damages,costs,expenses,liabilities,claims,demands,causes of action,proceedings,
expenses,judgments,penalties,liens,and losses of any nature whatsoever,including fees of accountants,
attorneys,or other professionals and all costs associated therewith (collectively "Liabilities"),arising or
claimed to arise,directly or indirectly,out of,in connection with,resulting from,or related to any act,failure to
act,error,or omission of Indemnitor or any of its officers,agents,servants,employees,subcontractors,
materialmen,suppliers or their officers,agents,servants or employees,arising or claimed to arise,directly or
indirectly,out of,in connection with,resulting from,or related to the above-referenced contract,agreement,
license,or permit (the "Agreement")or the performance or failure to perform any term,provision,covenant,or
condition of the Agreement,including this indemnity provision.This indemnity provision is effective
regardless of any prior,concurrent,or subsequent active or passive negligence by Indemnitees and shall
operate to fully indemnify Indemnitees against any such negligence.This indemnity provision shall survive the
termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have
under the law.Payment is not required as a condition precedent to an Indemnitee's right to recover under this
indemnity provision,and an entry of judgment against an Indemnitee shall be conclusive in favor of the
Indemnitee's right to recover under this indemnity provision.Indemnitor shall pay Indemnitees for any
attorney's fees and costs incurred in enforcing this indemnification provision.Notwithstanding the foregoing,
nothing in this instrument shall be construed to encompass (a)Indemnitees'sole negligence or willful
misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a)or (b)the
contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to
Civil Code 2782(b).This indemnity is effective without reference to the existence or applicability of any
insurance coverages which may have been required under the Agreement or any additional insured
endorsements which may extend to Indemnitees.
Indemnitor,on behalf of itself and all parties claiming under or through it,hereby waives all rights of
subrogation and contribution against the Indemnitees,while acting within the scope of their duties,from all
claims,losses and liabilities arising out of or incident to activities or operations performed by or on behalf of
the Indemnitor regardless of any prior,concurrent,or subsequent active or passive negligence by the
Indemnitees.
In the 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:_
Its
C-17
Name _
By:_
Its
C-23
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address ofnamed insured ("Named Insured"):
Name and address ofInsurance Company ("Company''):
General description ofagreement(s),permit(s),licensers),and/or activity(ies)insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
1.The _
("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds")under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured.The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2.The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with
the insurance coverages provided by the Policy.
3.Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4.Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy.All such claims shall be covered as third-
party claims,i.e.,in the same manner as if separate policies had been issued to each insured.Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5.The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under
the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written
agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds.
6.The policy to which this endorsement is attached shall not be subject to cancellation,change in
coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior
to the effective date thereof.In the event of Company's failure to comply with this notice provision,the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7.Company hereby waives all rights of subrogation and contribution against the Additional
Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent
active or passive negligence by the Additional Insureds.
8.It is hereby agreed that the laws of the State of California shall apply to and govern the
validity,construction,interpretation,and enforcement of this contract of insurance.
C-18
C-24
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
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11.Scheduled items or locations are to be identified on an attached sheet.The following
inclusions relate to the above coverages.Includes:
°Contractual Liability
°OwnerslLandlords/Tenants
°Manufacturers/Contractors
°Products/Completed Operations
°Broad Form Property Damage
°Extended Bodily Injury
°Broad Form Comprehensive
General Liability Endorsement
°Explosion Hazard
°Collapse Hazard
°Underground Property Damage
°Pollution Liability
°Liquor Liability
0 _
0 _
0 _
12.A °deductible or °self-insured retention (check one)of $_
applies to all coverage(s)except:_
arnone,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 _
Signature of Authorized Representative
Telephone No.:(,)_
C-19
(Original signature only;no facsimile signature
or initialed signature accepted)
C-25
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address ofnamed insured ("Named Insured ''):_
Name and address ofInsurance Company ("Company"):_
General description ofagreement(s),permit(s),licensers),and/or activity(ies)insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
1.The _
("Public Agency"),its elected officials, officers,attorneys,agents,employees,and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds")underthe
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured.The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2.The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with
the insurance coverages provided by the Policy.
3.Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4.Nothing in this contract of insurance shall be construed to preclude coverage ofa claim by one
insured under the policy against another insured under the policy.All such claims shall be covered as third-
party claims,i.e.,in the same manner as if separate policies had been issued to each insured.Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5.The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under
the indemnification and/or hold harmless provision(s)contained or executed in conjunction with the written
agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds.
6.The policy to which this endorsement is attached shall not be subject to cancellation,change in
coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior
to the effective date thereto.In the event of Company's failure to comply with this notice provision,the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7.Company hereby waives all rights of subrogation and contribution against the Additional
Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf ofthe Named Insured regardless of any prior,concurrent,or subsequent
active or passive negligence by the Additional Insureds.
8.It is hereby agreed that the laws of the State of California shall apply to and govern the
validity,construction,interpretation,and enforcement of this contract of insurance.
C-20 C-26
9.This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
10.Except as stated above and not in conflict with this endorsement,nothing contained herein
shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11.Scheduled items or locations are to be identified on an attached sheet.The following
inclusions relate to the above coverages.Includes:
i Any Automobiles
i All Owned Automobiles
i Non-owned Automobiles
i Hired Automobiles
i Scheduled Automobiles
i Garage Coverage
i Truckers Coverage
i Motor Carrier Act
i Bus Regulatory Reform Act
i Public Livery Coverage
i
i
12.A 0 deductible or 0 self-insured retention (check one)of $._
applies to all coverage(s)except:arnone,so state).The deductible is applicable G
per claim or G per occurrence (check one).
13.This is an 0 occurrence or 0 claims made policy (check one).
14.This endorsement is effective on at 12:01 a.m.and forms a part ofPolicy 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.:(,)_
C-21
Signature of Authorized Representative
(Original signature only;no facsimile signature
or initialed signature accepted)
C-27
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address ofnamed insured ("Named Insured''):
Name and address ofInsurance Company ("Company''):
General description ofagreement(s),permit(s),licensers),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 ---------::-:::-----------:------:------c-----:-::-:-:-----c
("Public Agency"),its elected officials, officers,attorneys,agents,employees,and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds")underthe
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured.The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2.The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with
the insurance coverages provided by the Policy.
3.Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought,except with respect to the limits of the Company's liability.
4.Nothing in this contract of insurance shall be construed to preclude coverage ofa claim by one
insured under the policy against another insured under the policy.All such claims shall be covered as third-
party claims,i.e.,in the same manner as if separate policies had been issued to each insured.Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5.The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under
the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written
agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds.
6.The policy to which this endorsement is attached shall not be subject to cancellation,change in
coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior
to the effective date thereto.In the event of Company's failure to comply with this notice provision,the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7.Company hereby waives all rights of subrogation and contribution against the Additional
Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf ofthe Named Insured regardless of any prior,concurrent,or subsequent
active or passive negligence by the Additional Insureds.
8.
validity,
It is hereby agreed that the laws of the State of California shall apply to and govern the
construction,interpretation,and enforcement of this contract of insurance.
C-22 C-28
9.This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
10.Except as stated above and not in conflict with this endorsement,nothing contained herein
shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROMITO
LIMITS OF
LIABILITY
°Following Form°Umbrella Liability
0 _
11.Applicable underlying coverages:
INSURANCE COMPANY POLICY NO.AMOUNT
12.The following inclusions,exclusions,extensions or specific provisions relate to the above
coverages:
13.A °deductible or °self-insured retention (check one)of$._
applies to all coverage(s)except:_
arnone,so state).The deductible is applicable °per claim or °per occurrence (check one).
14.This is an °occurrence or °claims made policy (check one).
15.This endorsement is effective on at 12:01 a.m.and forms a part ofPolicy Number
I,(print name),hereby
declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the
Company to this endorsement and that by my execution hereof,I do so bind the Company.
Executed ,20__
Signature of Authorized Representative
Telephone No.:(.)__
C-23
(Original signature only;no facsimile signature
or initialed signature accepted)
C-29
Slale of Califomia-Heallh and Human Services Agency California Department of Public Health
ABATEMENT OF LEAD HAZARDS NOTIFICATION
POST AT ALL ENTRANCES TO WORK AREA AND STRUCTURE
Work Is being conducted to abate lead-based paint or lead hazards in or on this structure.For more information,
please contacl the individuals or agencies listed below.
Section 1-Structure Where Abatement of Lead-Based Paint or Lead Hazards is Scheduled
Type of slructure (check one box only)
[]Single family dwelling
[ill
Description of work to be performed:
Type of Abatement (check all that apply):
00 any children reside on (he premises?
Section 3
MUIll-famlly building
[J Interior [J Exterior
[J Permanent (>20 years)
[J Yes [J No
School,daycare,or other child-occupled facilily
[J Both interior and exterior
[J Temporary «20 years)
ITIJ Don't know
If you would like more Information,please contact the following:
Section 5
Section 6 -Individual Conducting Abatement (Supervisor or Company and Supervisor)
Section 7 -Local Environmental Health Agency
Telephone number
Thi,form ,hell be ml3l/ed or faxed to:
California Department of Public Health
Childhood Lead Polsonlng Prevention Branch Reports
850 Marina Bay Parkway.Building P.3rd Floor
Richmond,CA 94804-6403
Fax:(510)620·5656
CDPH 8551 (6107)
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