RPVCCA_SR_2011_02_01_05_Hesse_&_Ryan_Park_Field_ImpsMEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
RAY HOLLAND,DIRECTOR OF PUBLIC WORK~$
FEBRUARY 1,2011
AWARD OF CONTRACT FOR HESSE AND RYAN PARKS
ATHLETIC FIELD IMPROVEMENTS .•n
CAROLYN LEHR,CITY MANAGER CPY--
Staff Coordinator:Siamak Motahari,Senior Engineer PN.§W's I'l"'\
RECOMMENDATION
1.Approve Plans and specifications for the subject project.
2.Award a construction contract for Hesse and Ryan Parks Athletic Field Improvements
to America West Landscape,Inc.in the amount not to exceed $446,784.09 for the total
base bid and authorize staff to spend an additional 10%contingency $44,678.40 for
unforeseen conditions for a total authorization of $491 ,462.49.
3.Authorize the Mayor and City Clerk to execute the construction contract with America
West Landscape,Inc ..
BACKGROUND
On October 5,2010 the City Council approved a revised field improvement plan
proposed by staff for Hesse Park which expanded the scope of work to include similar
improvements at Ryan Park.The new plan improved athletic field quality and use,
created opportunities for multiple concurrent athletic uses while it was significantly less
expensive.Because of the savings resulted from the revised plan it was possible to
include similar improvements for Ryan Park athletic field.In addition,Ryan Park
improvements include leveling of the low area at the left outfield and improving the
surface drainage at that location by creating a 'sheet flow'pattern which will have a
reduced velocity for the same amount of flow.
DISCUSSION
The project was advertised and sealed bids were received and opened at 11 :00 a.m.on
5-1
Hesse and Ryan Parks Field Improvements
Page 2
January 20,2011.America West Landscape,Inc.is the lowest bidder.The lowest total
base bid was $98,715.91 under the engineer's total base bid estimate of $545,500.
The following table summarizes the bids received:
Hesse &Ryan Parks Athletic Filed Improvements
$446,784.09
$489,493.49
$529,876.00
$575,274.40
$783,583.00
A few years ago,America West Landscape satisfactorily completed a landscape project
for the City of RPV.Staff has also contacted their references and found that they have
performed satisfactory work on their previous jobs.They possess General Contractor's
Class licenses A &C-27 which are 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 12 months and may
not result in obtaining lower bids..
CONCLUSION
Adopting staff's recommendations will result in completing the Hesse &Ryan Parks
Athletic Filed Improvements project.Construction work will start at Hesse Park in the
last week of February and is expected to be completed by May 2011 after which
construction for Ryan park will begin and is expected to be completed by July 2011.
FISCAL IMPACT
The recommended action will result in a maximum total construction expenditure of
$491,462.49.Funds for this expenditure are already allocated in the FY 10-11 budget
in the amount of $646,300 ($230,000 General Fund plus $93,150 Environmental Excise
Tax for each park)and therefore no budget adjustment is required.Annual
maintenance costs for each park are estimated at $7,500,for a combined total of
$15,000,and will be taken into consideration as staff develops the FY 11-12 budget.
The City Attorney has reviewed and approved the attached construction contract form.
Attachment:Construction Contract Form
5-2
CITY OF RANCHO PALOS VERDES
AGREEMENT FOR HESSE AND RYAN PARKS ATHLETIC FIELD IMPROVEMENTS
THIS AGREEMENT (the "Agreement")is made and entered this day of ,2010,by and
between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City"and _
hereinafter referred to as "Contractor."
NOW,THEREFORE,the parties hereto do agree as follows:
1.Scope of Services.City hereby employs Contractor to perform the work and provide the
services and materials for the project identified as:HESSE AND RYAN PARKS ATHLETIC FIELD
IMPROVEMENTS,as described in the Bid Documents therefor,attached hereto and incorporated
herein by this reference,including miscellaneous appurtenant work.Such work shall be performed in a
good and workmanlike manner,under the terms as stated herein and in these Plans and Specifications,
and in accordance with the latest edition of the Joint Cooperative Committee,Southern California
Chapters of the American Public Works Association and the Associated General Contractors of
America document entitled "Standard Specifications."In the event of any conflict between the terms of
this Agreement and any of the above-referenced documents,the terms of this Agreement shall be
controlling.
2.Compensation.In consideration of the services rendered hereunder,Contractor shall be paid a not
to exceed amount of in accordance with the prices as submitted in Contractor's Proposal,
attached hereto and incorporated herein.The City shall compensate Contractor as stated in the
"Measurement and Payment"section of the General Provisions of the Bid Documents.
3.Payments.City shall make payments within thirty (30)days after receipt of undisputed and properly
submitted payment requests 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.
4.Time.Upon receipt of written Notice to Proceed from the City,Contractor shall perform with due
diligence the services requested by the City as specified in the Bid Documents.Time is of the essence in
this Agreement.
5.Disputes.In the event of dispute arising under this Agreement,Contractor shall notify the City
promptly in writing of its contentions and submit the claim.If the dispute arises before performance of the
related work,the written notice shall be submitted prior to commencing such work.Contractor shall proceed
with such work in compliance with the instructions of the City;such compliance shall not be a waiver of the
Contractor's rights to make a claim,provided it has notified the City in writing as above stipulated.This
Agreement is subject to and hereby incorporates the provisions of Article 1.5 (commencing with Section
20104)of Division 2,Part 3 of the California Public Contract Code regarding the resolution of public works
claims of less than $375,000.
6.Default and Remedies.
a.Default shall consist of any failure by the Contractor to perform under this Agreement or
written amendments thereto or any breach of any covenant,agreement,provision or warranty provided by
R6876-000 1\124 7240v2 c-1 5-3
the Contractor as a part of this Agreement.Actions which constitute a default include,but are not limited to:
(1)failure to submit to the City reports which are required pursuant to this Agreement or the submission of
required reports that are incorrect or incomplete;(2)submission of requests for payment or reimbursement
of amounts that are incorrect or incomplete;(3)the failure of Contractor to accept any additional conditions
which may be required by law,by executive order,by regulation or by other policy announced by the City,
the state or any federal agency;or (4)failure to perform any activity required by this Agreement.
b.Upon occurrence of any default,the City shall advise Contractor in writing of the action
constituting the default,and specify the actions that must be taken to cure the default.The City may
suspend payment under the Agreement.If Contractor does not cure the default within thirty (30)days of
receipt of written notice from the City,the City may continue the suspension or,by written notice of
termination,may terminate this Agreement.
c.Notwithstanding the above,Contractor shall not be relieved of liability to the City for damage
sustained by the City by virtue of any default or breach of the Agreement,and the City may deduct the
amount of damages from any outstanding payments to Contractor or may withhold payments until such time
as the exact amount of the damages is determined.
7.Termination.
a.The City may cancel this Agreement at any time with or without cause without penalty upon
thirty (30)days'written notice.In the event of termination without fault of Contractor,City shall pay
Contractor for all services satisfactorily rendered prior to date of termination,and such payment shall be in
full satisfaction of all services rendered hereunder.
b.If federal funding for this Agreement is terminated and no other funding is available for
continuation of this project,the City will not be obligated to continue funding for the services contained in
this Agreement and may terminate the Agreement.
c.In the event of termination,all property and finished or unfinished documents,data,studies,
surveys,drawings,maps,models,photographs and reports prepared by or purchased with CDBG/HOME
funds by the Contractor under this Agreement shall,at the option of the City,become City's property,and
Contractor shall be entitled to receive just and equitable compensation,as determined by the City,for any
work satisfactorily completed hereunder.
8.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;Payment Bond (Labor and
Materials);Performance Bond;Workers'Compensation Certificate of Insurance;Indemnification and Hold
Harmless Agreement and Waiver of SUbrogation and Contribution;Additional Insured Endorsement
(Comprehensive General Liability);Additional Insured Endorsement (Automobile Liability);Additional
Insured Endorsement (Excess Liability);Non-Segregated Facilities Certification:Federally-Assisted
Construction Projects;Equal Employment Opportunity Commitment;U.S.Department of Housing and Urban
Development Report of Additional Classification and Rate (HUD Form 4230A);U.S.Department of Labor
Employment Standards Administration Wage and Hour Division Payroll;Contracting with Small Business
Minority Firms,Women's Business Enterprise and Labor Surplus Area Firms;Federal Equal Employment
Opportunityl Affirmative Action Requirements;and Fringe Benefit Payment Certification.
9.Record-Keeping and Reporting.
a.Records to be Kept.Records shall be maintained in accordance with the requirements
prescribed by the Secretary of Housing and Urban Development ("HUD")or the County of Los Angeles (the
R6876-0001 \1 247240v2 C-2 5-4
"County")with respect to all matters covered by this Agreement.Except as otherwise authorized by HUD,
such records shall be maintained for a period of five (5)years after receipt of the final payment under this
Agreement.Additionally,pursuant to Government Code Section 8546.7,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.
b.Documentation of Costs.All costs shall be supported by properly executed payrolls,time
records,invoices,contracts,vouchers,orders or other accounting documents.All documents pertaining in
whole or in part to this Agreement shall be clearly identified and readily accessible.
c.Inspection of Records.At any time during normal business hours and as often as City,
County,HUD and/or the Comptroller General of the United States may deem necessary,the Contractor
shall make available to any of these entities for examination all of its records,with respect to all matters
covered by this Agreement,and will permit any of these entities to audit,examine and make excerpts or
transcripts from such records,including contracts,invoices, materials,payrolls,records of personnel,
conditions of employment and any other data relating to matters covered by this Agreement.
10.Lobbying Certifications.The Los Angeles County Lobbyist Code Chapter 2.160 County Ordinance
No.93-0031 Certification and the Federal Lobbyist Requirements Certification are attached hereto and
incorporated herein by this reference.Consultant shall complete and file these Certifications as required.
11.Utilities.City assumes the responsibility for the timely removal,relocation,or protection of existing
main or trunkline utility facilities located on the site of the project that is the subject of this Agreement.City
shall compensate Contractor for the costs of locating,repairing damage not due to the failure of the
Contractor to exercise reasonable care,and removing or relocating such utility facilities with reasonable
accuracy,and for equipment on the project necessarily idled during such work.Contractor shall not be
assessed liquidated damages for delay in completion of the project,when such delay was caused by the
failure of the City or the owner of the utility to provide for removal or relocation of such utility facilities.
12.Location of Existing Elements.Pursuant to Government Code Sections 4216 to 4216.9,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.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),and/or utilizing potholes,specialized locating equipment and/or hand
trenching.
13.Antitrust Claims.Pursuant to Public Contract Code Section 7103.5,Contractor offers and agrees to
assign to the City all rights,title,.and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C.Section 15)or under the Cartwright Act (Chapter 2 (commencing with Section 16700)
of Part 2 of Division 7 of the California Business and Professions Code)arising from purchases of goods,
services,or materials pursuant to the Agreement.This assignment shall be made and become effective at
the time the City tenders final payment to Contractor without further acknowledgment by the parties.
14.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 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
R6876-0001 \1 247240v2 C-3 5-5
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 fees 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.
15.Workers'Compensation Insurance.California Labor Code Sections 1860 and 3700 provide that
every contractor will be required to secure the payment of compensation to its employees.In accordance
with the provisions of California Labor Code Section 1861,the Contractor hereby certifies as follows:
"I 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."
16.Debarred,Suspended or Ineligible Contractors.Contractor shall not be,and shall ensure all
subcontractors are not,debarred,suspended or placed in eligibility status under the provisions of24 C.F.R.
Part 24 throughout the duration of this Agreement.Contractor shall not perform work with debarred
subcontractor pursuant to California Labor Code sections 1777.1 or 1777.7.
17.Discrimination and Executive Order 11246.Contractor shall adhere to all federal discrimination
requirements,including Executive Order 11246,as listed in the Federal Discrimination Provisions,which is
attached hereto and incorporated herein by this reference.Contractor shall also adhere to the Equal
Employment Opportunity Regulations for Federally Assisted Construction Contracts,which is attached
hereto and incorporated herein by this reference.
18.Conflicts of Interest.
a.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.
b.No official,officer,employee,or agent of the City or Contractor shall have any financial
interest,direct or indirect,in any contract or subcontract,or the proceeds thereof,for work to be performed
in connection with the program assisted under this Agreement.Immediate family members of said officials,
officers,employees,and agents are similarly barred from having any financial interest in the program.
c.Contractor shall take appropriate steps to assure compliance with paragraph (b)of this
Section and will incorporate the following provision into every subcontract:
"Interest of Subcontractor and Employees.The Subcontractor covenants that no
person who presently exercises any functions or responsibilities in connection with the
Community Development Block Grant Program has any personal financial interest,
direct or indirect,in this Contract.Any interest on the part of the Subcontractor or his
employees must be disclosed to the Recipient and the Town,provided, however,that
this paragraph shall be interpreted in such a manner so as not to unreasonably
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impede the statutory requirement that maximum opportunity be provided for
employment of and participation by residents of the area."
19.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 notification 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.
20.Davis-Bacon Act,Copeland Anti-Kickback Act,and Prevailing Wages.Contractor acknowledges
that this is a federally assisted construction contract and that federal labor standards provisions,including
prevailing wage requirements of the Davis-Bacon Act and related acts,are incorporated by reference and
will be enforced.Contractor understands that in the event of a conflict between the Federal General Wage
Decision as established by the United States Department of Labor (available at
www.access.gpo.gov/davisbacon/ca.html)and the State General Prevailing Wage Determination as
established by the California Department of Industrial Relations (available at
http://www.dir.ca.gov/DLSR/PWD/index.htm).the higher of the two will prevail.The documents titled U.S.
Department of Housing and Urban Development Office of Labor Relations Federal Labor Standards
Provisions and Agreement to Comply with California Labor Law Requirements are attached hereto and
incorporated herein by this reference.Eight hours of labor constitutes a legal day's work.
21.Contract Work Hours and Safety Standards Act.In employing mechanics or laborers,Contractor
shall comply with the Contract Work Hours and Safety Standards Act (40 USC §§3701 et seq.),as
supplemented by Department of Labor Regulations contained in 29 C.F.R.Parts 3,5 and Sa.Contractor
shall not require or permit any laborer or mechanic,in any workweek in which the laborer or mechanic is
employed on that work,to work more than forty (40)hours in that workweek,except as provided in the
Contract Work Hours and Safety Standards Act.When a violation occurs,Contractor is liable to the affected
employee for the employee's unpaid wages and to the City for liquidated damages equal to ten dollars ($10)
for each calendar day on which the individual was required or permitted to work in excess of the standard
workweek without payment of the overtime wages required by this chapter.
22.Applicable Law.Should either party to this Agreement bring legal action against the other,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.
23.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.
24.Entire Agreement.This Agreement,including any other documents incorporated herein by specific
reference,represents the entire and integrated agreement between City and Contractor and supersedes all
prior negotiations,representations or agreements,either written or oral.This Agreement may be modified
or amended,or provisions or breach may be waived,only by subsequent written agreement signed by both
parties.
25.Construction.In the event of any asserted ambiguity in,or dispute regarding the interpretation of
any matter herein,the interpretation of this Agreement shall not be resolved by any rules of interpretation
providing for interpretation against the party who causes the uncertainty to exist or against the party who
drafted the Agreement or who drafted that portion of the Agreement.
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26.Non-waiver of Terms,Rights and Remedies.Waiver by either party of anyone or more of the
conditions of performance under this Agreement shall not be a waiver of any other condition of performance
under this Agreement.In no event shall the making by the City of any payment to Consultant constitute or
be construed as a waiver by the City of any breach of covenant,or any default which may then exist on the
part of Consultant,and the making of any such payment by the City shall in no way impair or prejUdice any
right or remedy available to the City with regard to such breach or default.
27.Severability.If any term or portion of this Agreement is held to be invalid,illegal,or otherwise
unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall
continue in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year
first above written.
CITY OF RANCHO PALOS VERDES
By:_
Mayor
ATTEST:
By:_
City Clerk
CONTRACTOR:
By:_
Printed Name:_
Date:_
R68 76-0001 \124 7240v2 C-6 5-8
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.Byan Individual.The individual must sign the instrument,and if he/she is doing business under a
fictitious name,the fictitious name must be set forth.The signature must be acknowledged before a
Notary Public,using the proper form of acknowledgment.
2.Bya Partnership.The name of the partnership must be set forth followed by the signatures of less
than all 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.Bya 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.Bya 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 )
)55.
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)
R6876-0001 \1 247240v2 C-7 5-9
INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES
PUBLIC WORKS CONTRACT
The Contractor shall at all times,during the term of this contract,carry,maintain and keep in full
force and effect,a policy or policies of comprehensive public liability insurance with an insurance
company admitted to write insurance in California,or carriers with a rating of,or equivalent to,A:vn
by A.M.Best &Company to,and approved by,the Director of Public Works and City Attorney,
within minimum limits of one Million Dollars ($1,000,000.00)combined single limit coverage with an
aggregate of Two Million Dollars ($2,000,000.00)against any injury,death,loss or damage as a
result of wrongful or negligent acts or omissions by the Contractor,its officers,employees,agents,
and independent contractors in performance of services under this agreement;(2)Automotive
liability insurance with a minimum combined single limits coverage of One Million Dollars
($1,000,000.00)with an aggregate of Two Million Dollars ($2,000.000.00);and (3)workers'
compensation insurance as required by law.The contractor shall at all times during the term of this
contract carry,maintain and keep in full force and effect a policy or policies of workers'
compensation insurance and shall provide to the City evidence of such coverage in the form set
forth herein.The City,its officers,employees,attorneys,and volunteers shall be named as
additional insured on the policy (ies)as to comprehensive general liability,automotive liability,and
worker's compensation coverages.
a)All insurance policies shall provide that the insurance coverage shall not be non-
renewed,canceled,reduced,or otherwise modified (except through the addition of
additional insured to the policy)by the insurance carrier without the insurance carrier
giving the City thirty (30)day's prior written notice thereof.The Contractor agrees that it
will not cancel,reduce,or otherwise modify said insurance coverage.
b)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 the 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 to the Contractor.
c)The Contractor shall submit to the City (1)insurance certificate indicating compliance
with the minimum worker's 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.
R6876-000 1\1247240v2 C-8 5-10
Bond No._
PAYMENT BOND
(LABOR AND MATERIALS.)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the _
("Public Agency"),has awarded to _
(Name and address of Contractor)
("Principal"),a contract (the "Contract")for the work described as follows:
HESSE AND RYAN PARKS ATHLETIC FIELD 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,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 in the penal sum of _
Dollars ($),this amount being not less than 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,oranyamounts 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 there under,
or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby
R6876-000 1\124 7240v2 C-9 5-11
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 2845 and 2849.
IN WITNESS WHEREOF,two (2)identical counterparts of this instrument,each of which shall for all
purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set
forth below,the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s)pursuant to authority of its governing body.
Dated:_
"Principal"
By:_-:-_
Its
By:_
Its
(Seal)
APPROVED AS TO SURETY AND PRINCIPAL
AMOUNT
By:_
Insurance Administrator
"Surety"
By:_
Its
By:_
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS,WATSON &GERSHON
A Professional Corporation
By:._
Public Agency Attorney
Note:This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence ofthe authority ofany person
signing as attorney-in-fact must be attached.
R6876-0001 \1 247240v2 C-IO 5-12
Bond No._
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the _
("Public Agency"),has awarded to _
(Name and address of Contractor)
.("Principal"),a contract (the "Contract")for the work described as follows:
HESSE AND RYAN PARKS ATHLETIC FIELD 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 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 ($),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 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,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 there under,
or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby
waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the
Contract or to the work or to the specifications there under.Surety hereby waives the provisions of
California Civil Code'2845 and 2849.The City is the principal beneficiary of this bond and has all rights of
a party hereto.
R68 76-0001 \124 7240v2 c-11 5-13
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""Surety"
By:_
ItsIts
By:---------------
By:_--:--_
Its
By:_-:-_
Its
(Seal)(Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
APPROVED AS TO FORM:
RICHARDS,WATSON &GERSHON
A Professional Corporation
By:_--:--__--:--:---:--:-_
Insurance Administrator
By:......-.-_
Public Agency Attorney
Note:This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority ofany person
signing as attorney-in-fact must be attached
R6876-0001 \1 247240v2 C-12 5-14
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 insured 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 insured 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 insured 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
R6876-0001 \1 247240v2 C-13 5-15
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 of the 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 I will comply with
such provisions before commencing the performance of the work of this contract."
Date _Signature _
R6876-0001 \1 247240v2 C-14 5-16
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
ContractiAgreementiLicense/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,
material persons,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 coverage 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 pr through it,hereby waives all rights of
subrogation and contribution against the Indemnitees,while acting within the scope of their duties,from all
claims,losses and liabilities arising out of or incident to activities or operations performed by or on behalf of
the Indemnitor regardless of any prior,concurrent,or subsequent active or passive negligence by the
Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor,then all
obligations,liabilities,covenants and conditions under this instrument shall be joint and several.
"Indemnitor"
Name _
By:_
Its
Name--------------
By:_
Its
R687 6-0001 \124 7240v2 C-15 5-17
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (''Named Insured'J:
Name and address of Insurance Company ("Company'J:
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 ~:------:'--::::-7"""-:----::::------------:----~-:------
("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional
insured (the above named additional insured are hereafter referred to as the "Additional Insured")under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured.The Additional Insured have no liability for the payment of any premiums or
assessments under the Policy.
2.The insurance coverage afforded the Additional Insured under the Policy shall be primary
insurance,and no other insurance maintained by the Additional Insured shall be called upon to contribute
with the insurance coverage 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,Le.,in the same manner as if separate policies had been issued to each insured.Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5.The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the
written agreement(s)or permit(s)designated above,between the Named Insured and the Additional
Insured.
6.The policy to which this endorsement is attached shall not be subject to cancellation,change
in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior
to the effective date thereof.In the event of Company's failure to comply with this notice provision,the
policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7.Company hereby waives all rights of subrogation and contribution against the Additional
Insured,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or
subsequent active or passive negligence by the Additional Insured.
8.It is hereby agreed that the laws of the State of California shall apply to and govern the
validity,construction,interpretation,and enforcement of this contract of insurance.
9.This endorsement and all notices given hereunder shall be sent to Public Agency at:
R6876-0001 \1247240v2 C-16 5-18
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
FROMrrO
LIMITS OF
LIABILITY
11.Scheduled items or locations are to be identified on an attached sheet.The following
inclusions relate to the above coverage.Includes:
°Contractual Liability
°Owners/LandlordslTenants
°Manufacturers/Contractors
°Products/Completed Operations
°Broad Form Property Damage
°Extended Bodily Injury
°Broad Form Comprehensive
General Liability Endorsement
°Explosion Hazard
°Collapse Hazard
°Underground Property Damage
°Pollution Liability
°Liquor Liability
0 _
0 _
o _
12.A °deductible or °self-insured retention (check one)of $_
applies to all coverage(s)except:_
(if none,so state).The deductible is applicable °per claim or °per occurrence (check one).
13.This is an °occurrence or °claims made policy (check one).
14.This endorsement is effective on at 12:01 a.m.and forms a part of
Policy Number _
I,(print name),hereby declare
under penalty of perjury under the laws of the State of California,that I have the authority to bind the
Company to this endorsement and that by my execution hereof,I do so bind the Company.
Executed ,20_
Signature of Authorized Representative
Telephone No.:(__)_
(Original signature only;no facsimile signature
or initialed signature accepted)
R687 6-0001 \124 7240v2 C-17 5-19
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBilE LIABILITY
Name and address of named insured (''Named Insured''):_
Name and address of Insurance Company ("Company''):_
General description of agreement(s),permit(s),license(s),and/or activity(ies)insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
1.The _
("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional
insured (the above named additional insured are hereafter referred to as the "Additional Insured")under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured.The Additional Insured have no liability for the payment of any premiums or
assessments under the Policy.
2.The insurance coverage afforded the Additional Insured under the Policy shall be primary
insurance,and no other insurance maintained by the Additional Insured shall be called upon to contribute
with the insurance coverage 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,Le.,in the same manner as if separate policies had been issued to each insured.Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5.The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s)contained or executed in conjunction with the
written agreement(s)or permit(s)designated above,between the Named Insured and the Additional
Insured.
6.The policy to which this endorsement is attached shall not be subject to cancellation,change
in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior
to the effective date thereto.In the event of Company's failure to comply with this notice provision,the
policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7.Company hereby waives all rights of subrogation and contribution against the Additional
Insured,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or
subsequent active or passive negligence by the Additional Insured.
8.It is hereby agreed that the laws of the State of California shall apply to and govern the
validity,construction,interpretation,and enforcement of this contract of insurance.
R6876-0001 \1 247240v2 c-18 5-20
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 AITACHES
POLICY PERIOD
FROMrrO
LIMITS OF
LIABILITY
11.Scheduled items or locations are to be identified on an attached sheet.The following
inclusions relate to the above coverage.Includes:
1 Any Automobiles
i All Owned Automobiles
i Non-owned Automobiles
1 Hired Automobiles
1 Scheduled Automobiles
i Garage Coverage
1 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 $appies10
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 0 occurrence or 0 claims made policy (check one).
14.
Number
This endorsement is effective on at 12:01 a.m.and forms a part of Policy
I,(print name),hereby declare
under penalty of perjury under the laws of the State of California,that I have the authority to bind the
Company to this endorsement and that by my execution hereof,I do so bind the Company.
Executed ,20_
Signature of Authorized Representative
Telephone No.:(_
(Original signature only;no facsimile signature
or initialed signature accepted)
R6876-0001 \1 247240v2 C-19 5-21