RPVCCA_CC_SR_2014_04_15_J_Ab_Cove_Shoreline_Park_Restroom_&_Parking_Lot_ImprovementsCity of RANCHO PALOS VERDES
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
MICHAEL THRONE, P.E., DIRECTOR OF PUBLIC WORKS ij)
APRIL 15, 2014
AWARD CONSTRUCTION CONTRACT FOR
ABALONE COVE SHORELINE PARK RESTROOM AND PARKING
LOT IMPROVEMENTS PROJECT (SUPPORTS 2014 CITY
COUNCIL GOAL No. 2, PUBLIC INFRASTRUCTURE)
REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGER®
Project Manager: Siamak Motahari $
RECOMMENDATIONS
1. Approve Plans and Specifications for Abalone Cove Shoreline Park Restroom and Parking Lot
Improvements project.
2. Relieve Shepherd Construction of its bid due to a mistake.
3. Award a construction contract for Abalone Cove Shoreline Park Restroom and Parking Lot
Improvements project to KASA Construction in the amount not to exceed $427,700, and
authorize a 10% contingency in the amount of $42, 770 for unforeseen conditions, for a total
authorization of $470,470.
4. Authorize the Mayor and City Clerk to execute the above mentioned agreement.
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5. Adopt Resolution No. 2014-__ , a Resolution of the City Council of the City of Rancho Palos
Verdes, amending Resolution 2013-43, the budget appropriation for Fiscal Year 2013-14, 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 $89,490 and authorizing expenditure of
this amount for additional construction costs of Abalone Cove Shoreline Park Restroom and
Parking Lot Improvements project.
BACKGROUND
With the expected completion of the grant funded improvement project at Abalone Cove Shoreline
Park this summer, it is anticipated that public usage of this park will increase significantly. However,
the scope of work of the grant-funded Abalone Cove Improvement project excluded any
improvements to the existing parking lot or building. In order to accommodate the anticipated
increased number of group and individual park users, a budget for improvement of the existing
parking lot including entrance and exit driveways and gates, improvement of the staff building,
upgrading the restrooms for ADA compliance and adding landscaping and irrigation to improve the
appearance of the facility was requested. In June 2013, the City Council approved the budget
requested for these improvements for FY 13-14.
Scope of work
The scope of work for this project includes improvement and ADA compliance of the staff building
restrooms (approximately 220 SF); reconfiguration of the men's restroom to provide access from the
outside in lieu of the existing inside access; installation of new automated programmable gates with an
electronic pay station; painting the building; ADA compliant parking spaces; placement and compaction
of crushed base material (CBM) with binder over the parking lot surface; signs; parking space design
and installation of wooden wheel stops and measures to create discernible parking spaces and driving
isle(s) on the CBM; removal of existing wood pylons and replacement with boulders; fencing;
landscaping and irrigation around the power generator and propane tank with low height landscaping
to screen the equipment while maintaining the view corridor.
DISCUSSION
The project was advertised and sealed bids were received and opened at 11 :30 a.m. on April 1, 2014.
The base bid from Shepherd Construction is the lowest apparent bid. However, on April 3, 2014,
Shepherd Construction notified Staff of a mistake in its bid and requested relief from the bid for this
reason. Staff and the City Attorney reviewed Shepherd Construction's notice, and per section 5100
et. seq. of the Public Contract Code recommends that the City Council relieve Shepherd Construction
from its bid. If the Council grants relief, Shepherd Construction will not have to forfeit its bid bond.
KASA Construction is the second lowest bidder. KASA Construction's bid is $89,700 above the
engineer's estimate; however, it is $56,361 under the average bid of $484,061. The following table
summarizes the received bid amounts:
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Abalone Cove Shoreline Park Restroom & Parking Lot Improvements Project
Bid Opening Results
Tuesday April 1, 2014
Bidder Base Bid
Shepherd Construction (potentially relieved) $356,130.00
KASA Construction $427,700.00
Aghapy Group $449,300.00
Unique Performance Construction $459,165.00
C. S. Legacy Construction $512,151.00
Emerald Construction $525,225.20
El Camino Construction & Engineering $530,825.00
Staff contacted references and found that KASA Construction has performed satisfactory work on its
previous jobs. KASA Construction possesses General Contractors' Class A, B, C-10 and C-27
licenses, all of which are current.
Construction Schedule
Within two weeks of the City Council's contract award, the contractor is required to submit all
necessary contract documents to the City. Construction work is expected to begin in May, 2014 and
be completed in August, 2014.
ALTERNATIVE
An alternative recommendation is to reject all bids and direct staff to re-design the project to reduce
its estimated cost to fit with the current appropriation. This alternative may require removal of the
automatic entrance/exit gates and pay station and can delay the project construction for 3 months.
Re-advertising and re-bidding the project may not necessarily result in significantly lower bids, unless
the scope of the project's work is significantly reduced.
CONCLUSION
Improvement of Abalone Cove Shoreline Park Restroom and Parking Lot Improvements is considered
a high priority project for the public's benefit as reflected in the Council-adopted Capital Improvement
Program (CIP). Council's action will move the project toward completion and make the park facility
available for public use.
FISCAL IMPACT
With the contract amount of $427,700 and a 10% contingency of $42,770, the total construction
budget needs to be $470,470. The total cost of the project including engineering is $529,490. A
budget of $440,000 is appropriated in the FY 13-14 CIP budget for the Abalone Cove Shoreline Park
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Restrooms and Parking Lot Improvements project (account number 330-3033-461-73-00). The City
Council's adoption of the attached budget adjustment Resolution will cover the budget shortage of
$89,490.
The table below summarizes the project's budget status:
Abalone Cove Shoreline Park Parking Lot & Restroom
Improvements Project
Budget Spread Sheet
Description Budget Expenditures Appropriation
Parking Lot & Restrooms $440,000.00 Budget
Additional Appropriation $89,490.00 Requested
Engineer/Architect, Design $59,020 Review & Bid Documents
Construction $427,700.00
Construction Contingency $42,770.00 10%
Total $529,490.00 $529,490.00
Annual Maintenance and Utility Costs
The cost for providing landscaping maintenance services is minimal and will be absorbed through the
current budget.
Attachments:
1-Resolution 2014-
2-Construction Contract with KASA Construction
3-Location Map
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RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, AMENDING RESOLUTION 2013-43, THE BUDGET
APPROPRIATION
FOR FISCAL YEAR 2013-14, 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 18, 2013, the City Council of the City of Rancho
Palos· Verdes adopted Resolution 2013-43, approving a spending plan and
authorizing a budget appropriation for the 2013-14 fiscal year; and
WHEREAS, the Abalone Cove Shoreline Park Restroom and Parking Lot
Improvements project is considered a high priority project for the public's benefit
as reflected in the Council-adopted Capital Improvement Program (CIP); and
WHEREAS, the total cost of the Abalone Cove Shoreline Park Restroom and
Parking Lot Improvements project, including construction and engineering is
$529,490; and
WHEREAS, the city has appropriated a budget of $440,000 in the FY 13-14 CIP
budget for the Abalone Cove Shoreline Park Restrooms and Parking Lot
Improvements project; and,
WHEREAS, a budget inc.rease of $89,490 in the Parks, Trails & Open Space
Improvements fund is therefore necessary to authorize the expenditure for this
work; and
WHEREAS, the revised estimate of Capital Improvement Fund balance at June
30, will be $6,750,904; 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):
Resolution No. 2014-
Page 1 of 2
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Parks, Trails & Open Space Improvements Program in the Capital Improvement
Projects Fund:
Parks, Trails & Open Space Improvements 330-3033-461-73-00 $89,490
Verified by Finance: ____ _
PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF APRIL 2014.
MAYOR
ATTEST:
CITY CLERK
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. 2014-was duly and regularly passed
and adopted by the said City Council at a regular meeting thereof held on April
15, 2014.
CITY CLERK
CITY OF RANCHO PALOS VERDES
Resolution No. 2014-
Page 2 of 2
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CITY OF RANCHO PALOS VERDES
PUBLIC WORKS AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered this 15th day of April, 2014, by and between the CITY OF
RANCHO PALOS VERDES, a California municipal corporation ("City") and KASA Construction, Inc. ("Contractor").
Contractor's license number is 927544.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
!:. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and
services in a good and workmanlike manner for the project identified as Abalone Cove Shoreline Park
Restroom and Parking Lot Improvements ("Project"), as described in this Agreement and in the Bid
Documents (including the Notice Inviting Sealed Bids, the Instructions to Bidders, the Proposal, the
General Provisions, the Special Provisions, the Technical Provisions, 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"), which is incorporated herein by this reference. In the event of any conflict between
the terms of this Agreement and incorporated documents, the terms of this Agreement shall control.
b 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 .
.2.:. 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 four hundred twenty seven thousand and seven hundred dollars ($427,700) in
accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit "B" and
incorporated herein by this reference.
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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 as
determined by the City, and such payment shall be in full satisfaction of all services rendered
hereunder.
13. Indemnity.
a) Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend,
indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers,
agents, successors, assigns, and those City agents serving as independent contractors in the role
of City officials (collectively "lndemnitees") from and against any and all claims (including,
without limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, proceedings, suits, losses, bid protests, stop notices,
judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature
whatsoever, in any manner arising out of or incident to any act, failure to act, error or omission
of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen,
suppliers or their officers, agents, servants or employees, arising out of the Agreement,
including without limitation, the payment of all consequential damages, attorneys' fees, experts'
fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims").
Further, Contractor shall appoint competent defense counsel approved by the City Attorney at
Contractor's own cost, expense and risk, to defend any and all such Claims that may be brought
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or instituted against lndemnitees. Contractor shall pay and satisfy any judgment, award or
decree that may be rendered against lndemnitees in any such Claim. Contractor shall reimburse
lndemnitees for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Contractor or lndemnitees.
This indemnity shall apply to all Claims regardless of whether any insurance policies are
applicable.
b) Bid Protests. In addition to its obligations pursuant to Section 13(a), Contractor shall reimburse
the City for all attorneys' fees and costs incurred by City in connection with, arising out of or
incident to any bid protest.
c) Civil Code Exception. Nothing in Section 13(a) shall be construed to encompass lndemnitees'
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).
d) Nonwaiver of Rights. lndemnitees do not and shall not waive any rights that they may possess
against Contractor because the acceptance by City, or the deposit with City, of any insurance
policy or certificate required pursuant to this Agreement. This indemnity provision is effective
regardless of any prior, concurrent, or subsequent active or passive negligence by lndemnitees
and shall operate to fully indemnify lndemnitees against any such negligence.
e) Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or
through it, hereby waives all rights of subrogation and contribution against the lndemnitees,
while acting within the scope of their duties, from all Claims arising out of or incident to the
activities or operations performed by or on behalf of the Contractor regardless of any prior,
concurrent or subsequent active or passive negligence by lndemnitees.
f) Survival. The provisions of this Section 13 shall survive the termination of this Agreement and
are in addition to any other rights or remedies that lndemnitees may have under the law.
Payment is not required as a condition precedent to an lndemnitee's right to recover under this
indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor
of the lndemnitee's right to recover under this indemnity provision.
14. Incorporation by Reference. All of the following documents are attached hereto and incorporated
herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments;
Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers'
Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General
Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement
(Excess Liability).
15. 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.
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16. 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 to a Class I, Class II, or Class Ill
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.
17. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and
incorporates that section herein by this reference.
18. 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.
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 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.
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 hereby certifies as follows:
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"I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to under~ take self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
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 1777.1or1777.7.
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 M.aterials)
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 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.
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
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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. 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.
33. 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.
34. 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.
35. 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.
36. 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
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.
37. 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:
Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
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To CONTRACTOR:
The address listed in Exhibit "B."
38. 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.
39. 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.
ATIEST:
By: ____________ _
City Clerk
Dated: _________ _
CITY OF RANCHO PALOS VERDES
Mayor
APPROVED AS TO FORM:
By=-------------~
City Attorney
KASA CONSTRUCTION, INC.
("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. By a Partnership. The name of the partnership must be set forth followed by the signatures of less than
all of'the partners will be acceptable only if submitted with evidence of authority to act on behalf of the
partnership. The signatures must be acknowledged before a Notary Public, using the proper form of
acknowledgment.
3. By a Corporation. The name of the corporation must be set forth, followed by the signatures of the
President or Vice President and Secretary or Assistant Secretary. The signatures must be acknowledged
before a Notary Public, using in substance the following form of acknowledgment.
4. By a Surety. The name of the surety must be set forth, followed by an authorized signature. The
signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment.
STATE OF _______ )
) SS.
COUNTY OF ______ )
On 20_, before me, the undersigned, appeared __ _
known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary of
the corporation that executed the within instrument, and acknowledged to me that such corporation executed
the within instrument pursuant to its by-laws or a resolution of its City Council.
WITNESS my signature and seal.
Notary Public
(Seal)
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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:Vll 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 of additional insured to the
policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days prior
written notice thereof. The Contractor agrees that it will not cancel, reduce or otherwise modify
said insurance coverage.
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 (1) insurance certificates indicating compliance with the
minimum workers' compensation insurance requirements above, and (2) insurance policy
endorsements above, not less than one (1) day prior to beginning of performance under this
Agreement. Endorsements must be executed on the City's appropriate standard forms entitled
"Additional Insured Endorsement," copies of which are attached hereto.
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J-17
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
Bond No. _____ _
WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to
{Name and address of Contractor)
("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described
as follows:
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to file a good and
sufficient payment bond with the Public Agency to secure the payment of claims of laborers, mechanics,
material persons, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal, and--------------------
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly
bound unto the Public Agency and all subcontractors, laborers, material persons, and other persons employed in
the performance of the Contract in the penal sum of ____________________ _
Dollars ($ ) (the "Penal Sum"), this amount being not less than one
hundred percent (100%) of the total Contract price, in lawful money of the United States of America, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs,
executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in
Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with
respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld,
and paid over to the Employment Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor
performed under the Contract, the Surety will pay for the same in an amount not exceeding the Penal Sum
specified in this bond; otherwise, this obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as
to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is
brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
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
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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.
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"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 of the
authority of any person signing as attorney-in-fact must be attached.
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Bond No. ___ _
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to-------------
(Name and address of Contractor)
("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows:
WHEREAS, Principal is required under the terms of the Contract to file a good and sufficient performance bond with the
Public Agency for the faithful performance of the Contract.
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 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, shall in all things stand to and abide by, and well and truly keep and perform all the
undertakings, terms, covenants, conditions and provisions in the Contract and any alteration thereof made as therein
provided, on the Principal's part to be kept and performed, 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 harmless the Public Agency, its
officers, agents, employees, 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, in addition to the Penal Sum, all costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration,
addition or modification to the terms of the Contract, or of the work to be performed 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 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.
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: ----------------
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"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 of the
authority of any person signing as attorney-in-fact must be attached
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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 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 days' written notice thereof has been served upon the City Clerk of the
City of Rancho Palos Verdes
By: _______________ _
Its Authorized Representative
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AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and
the City, to which this Agreement to Comply with California Labor Law Requirements is attached and
incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with
Section 1720) of the California Labor Code ("Chapter 1"), and that this Agreement is subject to (a) Chapter 1,
including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the
Director of Industrial Relations ("DIR") implementing such statutes. Contractor shall perform all work on the
project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations
described in l(a) and l(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The
inclusion of such specific provisions below, whether or not required by California law, does not alter the
meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each
craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made
available to. any interested party on request. Contractor acknowledges receipt of a copy of the DIR
determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site
covered by this Agreement.
4. 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.
5. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which
requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in
writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available
for inspection as provided by Section 1776, and (3) inform the City of the location of the records.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5,
1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. 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 (GO) 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.
7. 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 calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day,
and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked
in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.
8. 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:
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"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of
the work of this contract."
9. For every subcontractor who will perform work on the project, Contractor shall be responsible
for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor
shall include in the written contract between it and each subcontractor a copy of those 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.
10. 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 ofthe Agreement.
Date ______________ ~ Signature 1: ______________ _
Date _______________ _ Signature 2: ______________ _
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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 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.
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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
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:
o Contractual Liability
o Owners/Landlords/Tenants
o Manufacturers/Contractors
o Products/Completed Operations
o Broad Form Property Damage
o Extended Bodily Injury
o Broad Form Comprehensive
General Liability Endorsement
o Explosion Hazard
o Collapse Hazard
o Underground Property Damage
o Pollution Liability
o Liquor Liability
D ---------------~
D ---------------~
D ---------------~
12. Ao deductible or o self-insured retention (check one) of$ __________ _
applies to all coverage(s) except:--------------------------
(if none, so state). The deductible is applicable o per claim or o per occurrence (check one).
13. This is an o occurrence or o 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.: ( ___ --------
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Signature of Authorized Representative
{Original signature only; no facsimile signature
or initialed signature accepted)
J-28
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 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 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 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,
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construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be
held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is
attached.
TYPE OF COVERAGES TO WHICH
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:
Any Automobiles
All Owned Automobiles
Non-owned Automobiles
Hired Automobiles
Scheduled Automobiles
Garage Coverage
Truckers Coverage
Motor Carrier Act
Bus Regulatory Reform Act
Public Livery Coverage
12. A o deductible or o self-insured retention (check one) of$ __________ _
applies to all coverage(s) except: __ (if none, so state). The deductible is applicable G per
claim or G per occurrence {check one).
13. This is an o occurrence or o 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 __
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Signature of Authorized Representative
(Original signature only; no facsimile signature
J-30
Telephone No.: ( ___ -------or initialed signature accepted)
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ADDITIONAL INSURED ENDORSEMENT -EXCESS LIABILITY
Name and address of named insured {"Named Insured"):
Name and address of Insurance Company ("Company"):
General description of agreement(s), permit(s), /icense(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 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 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 of the
Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8.
construction,
It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
interpretation, and enforcement of this contract of insurance.
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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 ATIACHES
o Following Form
o Umbrella Liability
POLICY PERIOD
FROM/TO
D ---------------~
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO.
LIMITS OF
LIABILITY
AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
13. Ao deductible or o self-insured retention (check one) of$ ________ _
applies to all coverage(s) except:--------------------------
(if none, so state). The deductible is applicable o per claim or o per occurrence (check one).
14. This is an o occurrence or o claims made policy (check one).
15. This endorsement is effective on ____ at 12:01 a.m. and forms a part of Policy Number
I, (print name), hereby declare
under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company
to this endorsement and that by my execution hereof, I do so bind the Company.
Executed------------------' 20 __
Telephone No.: ( ___ ) __
Signature of Authorized Representative
{Original signature only; no facsimile signature
or initialed signature accepted)
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