RPVCCA_CC_SR_2012_04_17_E_Eastview_Park_Playground_&_Accessibility_Improvements_ProjectCity of RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
DEPARTMENT OF PUBLIC WORKS
HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
~OM ODOM,DI'RECTOR OF PUBLIC WORKS -./I,j.--
APRIL 17,2012
AWARD OF CONTRACT FOR EASTVIEW PARK PLAYGROUND
AND ACCESSIBILITY IMPROVEMENTS PROJECT (SUPPORTS
2012 CITY COUNCIL GOAL No.4,P_U?,\IC INFRASTRUCTURE).
CAROLYN LEHR,CITY MANAGERCJ>L--
Staff Coordinator:Siamak Motahari,Senior Engineer ~
RECOMMENDATIONS
1.Approve Plans and specifications for the subject project.
2.Award a construction contract for Eastview Park Playground and Accessibility
Improvements project to Z K Construction in the amount not to exceed $200,798.70 for
the base bid and authorize staff to spend an additional 10%contingency in the amount
of $20,079.87 for unforeseen conditions for a total authorization of $220,878.57.
3.Authorize the Mayor to execute the construction contract with Z K Construction.
BACKGROUND
Current facility components at Eastview Park with an area of 9.9 acres include a
children's playground,picnic facilities,jogging path,restrooms,landscaping,and an off-
street parking lot.In 1989 the City signed a 30-year lease with the County of Los
Angeles Sanitation District with the option to extend the lease 4 times and each time for
5 years (a total of 20 years extension option).The City built the existing restrooms after
the lease agreement was signed and has not made any major improvements to these
facilities since then.The restrooms which are in poor condition and the access ramp
are not in compliance with the ADA requirements.Additionally,the playground
equipment is not in compliance with current safety codes (U.S.Consumer Product
Safety Commission)and ADA requirements.Eastview Park is frequently used by the
community over the weekends and during the holidays or special events.These
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Eastview Park Playground and Accessibility Improvements Project
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improvements will enhance service to the community by making the facility accessible,
safe and in good condition.
DISCUSSION
The project was advertised and sealed bids were received and opened at 10:00 a.m.on
April 3,2012.Z K Construction was determined to be the lowest bidder.There were
some mathematical errors in calculating line item totals based on the unit price and the
number of units.In accordance with the City's procedures as explained in the bid
documents,the City corrected the mathematical errors.Z K Construction remains the
lowest bidder,and its base bid is $25,201.30 under the engineer's cost estimate of
$226,000.The following table summarizes the bids received:
Eastview Park Playground &Accessibility
Improvements Project
Bid Opening on Tuesday,April 3,2012 at 10:00 a.m.
Bidder Bid
Z K Construction $200,798.70
Monet Construction Inc.$218,088.00
De La Riva Construction Inc.$226,579.00
Ventura Construction $232,700.00
Geronimo Concrete Inc.$234,669.00
Torres Construction $254,843.50
Jenn/Matt Inc.$262,496.97
Micon Construction $268,935.24
Minako America Corp.$290,635.00
Simich Construction $376,721.00
Staff has contacted Z K Construction references and found that they have performed
satisfactory work on their previous jobs.They possess General Contractors'Class "B"
License which is current.
ALTERNATIVE
An alternative recommendation is to reject all construction bids and re-advertise the
construction project.This alternative may delay the project up to 4 months,can
jeopardize the grant's deadline,and,may not result in obtaining lower bids.
CONCLUSION
Adopting staff's recommendations will result in completing the Eastview Park
Playground and Accessibility Improvements project which improves service to the
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Eastview Park Playground and Accessibility Improvements Project
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community by making the playground and restrooms facilities safe,accessible and in
good condition.Construction work will start in May and is expected to be completed in
August of 2012.
FISCAL IMPACT
The recommended action will result in a maximum construction expenditure of
$220,878.57.Funds are allocated in the City's FY 11-12 budget.The City will receive
a reimbursement of $150,000 through the approved Supervisorial Grant from the Los
Angeles County Regional Parks and Open Space District (Proposition A -the Safe
Neighborhood Parks Proposition).This project will not increase the operation or
facilities maintenance costs.
The City Attorney has reviewed the public works contract and the bid forms received.
Attachment:Public Works Contract
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CITY OF RANCHO PALOS VERDES AGREEMENT FOR
EASTVIEW PARK PLAYGROUND &ACCESSffiILITY IMPROVEMENTS
THIS AGREEMENT ("Agreement")is made and entered this 17th day of April,
CITY OF RANCHO PALOS VERDES,a California municipal corporation ("City")and
("Contractor").
In consideration ofthe 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 EASTVIEW PARK
PLAYGROUND &ACCESSIBILITY IMPROVEMENTS ("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,II,ill and IV,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,and in
accordance with the Los Angeles County Regional Park and Open Space District Procedural Guide for
the Specified Project,the Per Parcel Discretionary,and the Excess Funds Grant Programs,and any
subsequent changes or additions thereto ("Procedural Guide"),which is attached hereto as Exhibit "B"
and incorporated herein by this reference.All work shall be performed in accordance with the latest
edition of the Standard Specifications for Public Works Construction (commonly known as the
"Greenbook"),including supplements,prepared and promulgated by the Southern California Chapter of
the American Public Works Association and the Associated General Contractors of California
(collectively "Standard Specifications"),which is incorporated herein by this reference.In the event of
any conflict between the terms of this Agreement and incorporated documents,the terms of the
Procedural Guide shall control,then the terms of this Agreement shall control,and then all other
incorporated documents shall be subordinate.
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 or until
whichever is earlier.
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 ofthe 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 fmancial 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 City shall pay Contractor a not to
exceed amount dollars in accordance with the prices as
submitted in Contractor's Proposal, attached hereto as Exhibit "c"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.
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 "C."
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 examination by the Los Angeles County Regional Park and
Open Space District ("District")and the State Auditor and audit at the request of the City or as part of
any audit ofthe City,for a period of five (5)years after fmal payment under this Agreement.Contractor
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shall maintain all Project records and other written materials for at least five (5)years after fmal
payment and at least three (3)years from the date of any audit or final resolution of any disputed audit
exception.
11.Site Visits.The City,the District,and their representatives shall have the option of making periodic site
visits to determine if the work is proceeding in accordance with the approved plans and specifications,
or force account schedule,including the fmal inspection(s)upon Project completion,as a condition
precedent to any payment to Contractor.Contractor shall allow the City,the District,and their
representatives to make such periodic site visits,including allowing access to all areas of the Project,
without any prior notice.
12.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
contrqversy 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.
13.Termination.This Agreement may be canceled by the City at any time with or without cause without
penalty upon thirty (30)days'written notice.Should City need to terminate due to termination or
suspension of agreement with the District,the City may cancel the Agreement without penalty upon ten
(10)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.
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;Indemnification and Hold Harmless Agreement and Waiver of Subrogation and
Contribution;County Lobbyist Ordinance;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.
16.Trenching and Excavations.lfthe 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 l,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,
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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 ofthe 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.Eight hours of labor constitutes a legal day's
work.
21.Workers'Compensation Insurance.California Labor Code Sections 1860 and 3700 provide that every
contractor will be required to secure the payment of compensation to its employees. In accordance with
the provisions of California Labor Code Section 1861,the Contractor hereby certifies as follows:
"1 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 1 will comply with such provisions before
commencing the performance ofthe 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,religious belief,national origin,gender,sex,sexual orientation,marital status,age,
physical or mental handicap,medical condition or place of residence.Contractor understands and
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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 as required by law,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 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
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.
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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.
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
perfOl;mance 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:
Mr.Tom Odom,Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONTRACTOR:
The'address listed in Exhibit "C."
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.
IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above
written.
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ATTEST:
By:_
City Clerk
R6876.0001 \1351691 v2
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CITY OF RANCHO PALOS VERDES
("CITY"):
By:_
Mayor
APPROVED AS TO FORM:
By:_
City Attorney
("CONTRACTOR"):
By:_
Printed Name:_
Date:_
By:_
Printed Name:_
Date:_
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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 with a minimum limit of $1,000,000.00 or the amount required by law,whichever is
greater.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 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.
5.Additional Insured Endorsement:Proof that "Los Angeles County Regional Park and Open
Spage District"has been named as additional insured on any and all liability insurance policies
applicable to the Project.The insurance agency must be instructed to mail a copy of the
endorsements to 510 South Vermont Avenue,Room 230,Los Angeles,CA 90020-1975.
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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:EASTVIEW PARK
PLAYGROUND &ACCESSffiILITY IMPROVEMENTS
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 of the 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 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 3181 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 3181 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 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 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'
2845 and 2849.
C-IO
R6876.0001\1351691 v2 E-13
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 of the authority of any person
signing as attorney-in-fact must be attached.
C-ll
R6876.0001\1351691 v2 E-14
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:EASTVIEW PARK
PLAYGROUND &ACCESSffiILITY IMPROVEMENTS
WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the faithful performance
of the Contract.
NOW,THEREFORE,we,the undersigned Principal,and _
(Name and address ofSurety)
("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are held
and finnly bound unto the Public Agency in the penal sum of _
Dollars ($),this amount being not less than 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 agreements 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 man:tl.er 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,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 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'
2845 and 2849.The City is the principal benefIciary ofthis bond and has all rights of a party hereto.
C-12
R6876.0001\1351691 v2 E-15
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 of the authority of any person
signing as attorney-in-fact must be attached
C-13
R6876.0001\1351691 v2 E-16
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
C-14
R6876.0001 \1351691 v2 E-17
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 of Division 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
prevailing wages.The Contractor shall,as a penalty to the Agency,forfeit not more than fifty dollars
($50)for each calendar day,or portion thereof,for each worker paid less than the prevailing rates as
determined by the Director of Industrial 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 of the
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 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 1 will comply with such
provisions before commencing the performance of the work of this contract."
Date _
R6876.0001\1351691 v2
Signature _
C-15
E-18
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
ContractiAgreement/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 of Rancho 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 regardle~s 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
R6876.0001\1351691 v2
C-16
Name _
By:_
Its
E-19
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 City of Rancho Palos Verdes_("Public Agency"),its elected officials,officers,attorneys,
agents,employees,and volunteers and the Los Angeles County Regional Park and Open Space District 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-17
R6876.0001\1351691 v2 E-20
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:
D Contractuai Liability
D OwnerslLandlords/Tenants
D Manufacturers/Contractors
D Products/Completed Operations
D Broad Form Property Damage
D Extended Bodily Injury
D Broad Form Comprehensive
General Liability Endorsement
D Explosion Hazard
D Collapse Hazard
D Underground Property Damage
D Pollution Liability
D Liquor Liability
D _
D _
D _
12.A D deductible or D self-insured retention (check one)of $_
applies to all coverage(s)except:_
(if none,so state).The deductible is applicable D per claim or D per occurrence (check one).
13.This is an D occurrence or D 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 peIjury 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.:( )_
R6876.0001 \1351691 v2
C-18
(Original signature only;no facsimile signature
or initialed signature accepted)
E-21
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 City of Rancho Palos Verdesj"Public Agency"),its elected officials,officers,attorneys,
agents,employees,and volunteers and the Los Angeles County Regional Park and Open Space District 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 ofthe 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,
construction,interpretation,and enforcement of this contract of insurance.
9.This endorsement and all notices given hereunder shall be sent to Public Agency at:
C-19
R6876.0001 \1351691 v2 E-22
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
11.Scheduled items or locations are to be identified on an attached sheet.The following inclusions
relate to the aoove 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:(ifnone,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 of Policy Number
I,(print name),hereby declare
under penalty of peI]ury 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.:(__-J)_
R6876.0001\1351691 v2
C-20
Signature of Authorized Representative
(Original signature only;no facsimile signature
or initialed signature accepted)
E-23
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 City of Rancho Palos Verdes_("Public Agency"),its elected officials,officers,attorneys,
agents,employees,and volunteers and the Los Angeles County Regional Park and Open Space District 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.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:
C-21
R6876.000 1\1351691 v2 E-24
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
POLICYPERIOD
FROM/TO
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:_
(ifnone,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 of Policy Number
I,(print name),hereby declare
under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company
to this endorsement and that by my execution hereof,I do so bind the Company.
Executed ,20__
Signature of Authorized Representative
(Original signature only;no facsimile signature
Telephone No.:(..)__
C-22
R6876.0001\1351691 v2 E-25