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RPVCCA_SR_2011_05_17_11_Cityhall_Main_WAterlineCfTYOF RANCHO PALOS VERDES MEMORANDUM TO:HONORABLE MAYOR &CITY COUNCIL MEMBJ'M r ~ FROM:RAY HOLLAND,DIRECTOR OF PUBLIC WO~- DATE:MAY 17,2011 SUBJECT:CITY HALL MAIN WATERLINE REPLACEMENT PROJECT REVIEWED:CAROLYN LEHR,CITY MANAGER o!L- Project Manager:Siamak Motahari,Senior En g ineerj1J1 RECOMMENDATION 1.Approve plans and specifications for the subject project. 2.Award a construction contract for City Hall's Main Waterline Replacement project to Atlas Allied Inc.,in the amount not to exceed $32,805 for the total base bid and authorize staff to spend an additional 20%contingency in the amount of $6,560 for unforeseen conditions for a total authorization of $39,365. 3.Authorize the Mayor and City Clerk to execute the construction contract with Atlas Allied Inc. 4.Approve the completed work for the urgent relocation of the leaking waterline system inside the telecommunications room in the amount of $31,686 as an emergency project. BACKGROUND The City Hall campus main water line which was installed in the early 1960's is severely deteriorated.In 2009,the main line broke on two occasions requiring City Hall to be closed each time.Some of the system's pressure regulator valves and pipelines which are frozen and fragile,are located in the telecommunications room.This room is leased to Verizon,and AT&T and their network systems are installed inside.Additionally,the City's telephone system and electrical panels are in this room. 11-1 DISCUSSION Any water pipe breakage inside the telecommunications room could result in significant impacts to the public communications network,the City Hall telephone system and the electrical panels.It was necessary that the existing water system,which was beyond repair, be replaced with a new outside system.Because of these concerns staff began preparing the design and specifications to replace the main waterline system of the City Hall. However,on March 17,2011 a water leakage started inside Verizon room.Since the piping system was extremely deteriorated,staff had to place a temporary leakage control on the broken pipe and immediately prepare for an emergency work.To avoid interruption of the City operations,work had to be done during non-business hours.The piping system replacement which was coordinated with and approved by the City Manager was completed by a group of plumbers over the weekend of March 19 &20th • The cost of this portion of the project was $31,686.Because of its emergency nature,it was not possible to do this work through a public bidding process.However the cost incurred is found to be reasonable and within the industry standards. Staff requests that the Council approve this completed portion of work as an emergency project. The other part of this project (which includes 630 linear feet of main pipe installation)is being implemented through public bidding process.Since there is a potential underground conflict with the existing water pipe and other utility lines,the trench excavation will be done through a separate bid by other contractors with appropriate licenses. Dl BID PROCESS The project was sent out for bidding and sealed bids were received and opened at 11 :00 a.m.on May 3,2011.Atlas Allied Inc.is the lowest bidder.The lowest total base bid was $805 over the Engineer's estimate of $32,000. The following table summarizes the bids received: City Hall Main Water Line Replacement Staff has also contacted Atlas Allied Inc.references and found that they have performed satisfactory work on their previous jobs.They possess contractor's license class C-36 which is current.Construction is expected to be completed in early July and is scheduled in a manner which will keep the City operations uninterrupted. 11-2 ALTERNATIVE An alternative recommendation is to reject all bids and re-advertise the project.Since delaying the project will increase the risk involved and re-bidding does not necessarily result in savings,this alternative is not recommended by staff. CONCLUSION The breakage of the existing main pipe can interrupt the City's daily operations.Additionally, if the breakage happens during after-hours,it could create a slope failure at the north side of the Administration building.Therefore it is imperative that this work be completed as soon as possible. FISCAL IMPACT The recommended action will result in a maximum expenditure of $39,365.The cost of trenching and other non-emergency plumbing work,which will also be completed through a bidding process,is estimated to be $26,467.Funds are available in Building Maintenance and Parks &Open Space Maintenance budget programs and therefore no budget adjustment is necessary. This project will not add to current operating costs. Attachment:Contract Form 11-3 CITY OF RANCHO PALOS VERDES AGREEMENT FOR CITY HALL MAIN WATERLINE REPLACEMENT THIS AGREEMENT (the "Agreement")is made and entered this 17th day ofMay,2011,by and between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City,"and Atlas Allied,Inc.,hereinafter referred to as "Contractor." In consideration of the mutual covenants hereinafter set forth,the parties hereto 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 CITY HALL MAIN WATERLINE REPLACEMENT,as described in the Bid Documents (including the Notice to Contractors,Instructions to Bidders,General Provisions,Special Provisions,Proposal and Appendices),which are attached hereto as Exhibit "A" and incorporated herein by this reference,including miscellaneous appurtenant work.All work shall be performed in a good and workmanlike manner,under the terms as stated herein and in Exhibit "A." Such work shall also be performed in accordance with the 2009 edition of the Joint Cooperative Committee,Southern California Chapters of the American Public Works Association and the Associated General Contractors of America document,including the 2011 Cumulative Supplement, collectively entitled "Standard Specifications,"which is incorporated herein by this reference.In the event of any conflict between the terms ofthis Agreement and any ofthe 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 thirty two thousand,eight hundred and five dollars ($32,805)in accordance with the prices as submitted in Contractor's Proposal,attached hereto as Exhibit "B"and incorporated herein by this reference.The City shall compensate Contractor as stated in this Agreement and in Exhibit "A." 3.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. The City shall withhold not less than ten percent (10%)ofthe Agreement price until fmal 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 payment in full for actual work completed. 4.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-l R6876.0001 \1351691 v2 11-4 c.Stidl1tities 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. 5.Time.Contractor shall perform all services pursuant to this Agreement with due diligence.Time is of the essence in this Agreement. 6.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 ofthe work,Contractor shall not be excused from any scheduled completion date provided for by the Agreement,but shall proceed with all work to be performed under the Agreement.Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties.In the event of any dispute or controversy with the City over any matter whatsoever,Contractor shall not cause any delay or cessation in or ofwork,but shall proceed with the performance ofthe 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,ifany,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 ofthe claim process,and the provisions of Public Contract Code Sections 20104 et seq.and Rancho Palos Verdes Municipal Code Chapter 3.24 are incorporated herein. 7.Termination.This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty (30)days'written notice.In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date oftermination,and such payment shall be in full satisfaction of all services rendered 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;Workers' Compensation Certificate of Insurance;Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution;Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability);and Additional Insured Endorsement (Excess Liability). 9.Audit.The City or its representative shall have the option ofinspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor.Contractor will promptly furnish documents requested by the City. Additionally,Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City,for a period of three (3)years after final payment under this Agreement. C-2 R6876.000 1\1351691 v2 11-5 10.Antitrust Claims.Contractor offers and agrees to assign to the City all rights,title,and interest in:and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.Sec.15)or under the Cartwright Act (Chapter 2 (commencingwith Section 16700)ofPart 2 ofDivision 7 ofthe California Business and Professions Code)arising from purchases ofgoods,services,or materials pursuant to the Agreement.This assignment shall be made and become effective at the time the City tenders fmal payment to Contractor without further acknowledgment by the parties. 11.Utilities.In addition to the requirements stated in Section 12 ("Public Utilities")in the General Provisions and Section 16 ("Protection of Underground Facilities")in the Special Provisions of Exhibit "A,"once notified by Contractor,the City assumes the responsibility for the timely removal, relocation,or protection of existing main or trunkline utility facilities located on the site ofthe project that is the subject of this Agreement.Contractor shall not be assessed liquidated damages for delay in completion of the project if Contractor immediately notified the City ofutility facilities and the delay was caused by the failure of the City to provide for removal or relocation of such utility facilities. 12.Location ofExisting 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 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. 13.Force Majeure.Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control,including but not limited to acts of God, acts of the public enemy,acts of the government,fires,floods or other casualty,epidemics, earthquakes,labor stoppages or slowdowns,freight embargoes,unusually severe weather,and supplier delays due to su<;h causes.Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this subsection. Each party shall notify the other promptly in writing as required by this Agreement of each such excusable delay,its cause and its expected delay,and shall upon request update such advice. 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 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 anyand 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. 15.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 C-3 R6876.0001 \1351691 v2 11-6 attached hereto and incorporated herein by this reference.Eight hours oflabor constitutes a legal day's work. 16.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 of the work of this contract." 17.Nondiscriminatory Employment.Contractor shall not unlawfully discriminate against any individual based on race,color,religion,nationality,gender,sex,sexual orientation,age or condition of disability.Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local regulations and ordinances. 18.Debarred,Suspended or Ineligible Contractors.Contractor shall not be debarred throughout the duration ofthis Agreement.Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. 19.Subcontracting.Contractor shall adhere to all relevant provisions ofthe Subletting and Subcontracting Fair Practices Act,California Public Contract Code Section 4100 et seq. 20.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. 21.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. 22.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. 23.Conflicts ofInterest.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. 24.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. C-4 R6876.000 1\1351691 v2 11-7 25.Applicable Law.Should either party to this Agreement bring legal action against the other,the validity,interpretation,and performance ofthis 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. 26.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. 27.Titles.The titles used in this Agreement are for convenience only and shall in no way defme,limit or describe the scope or intent of this Agreement or any part of it. 28.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. 29.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. 30.Non-waiver of Terms,Rights and Remedies.Waiver by either party of anyone or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement.In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant,or any default which may then exist on the part of Contractor,and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 31.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 ofdelivery 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.Ray Holland,Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 To CONTRACTOR: To address listed in Exhibit "B." 32.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. C-5 R6876.0001 \1351691 v2 11-8 IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above written. CITY OF RANCHO PALOS VERDES ("CITY"): By:_ Mayor ATTEST: By:~__ City Clerk ATLAS ALLIED,INC. ("CONTRACTOR"): By:_ Printed Name:_ Date:_ C-6 R6876.0001 \1351691 v2 11-9 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 ifhe/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.By a Corporation.The name of the corporation must be set fQrth,followed by the signatures of the President or Vice President and Secretary or Assistant Secretary.The signatures must be acknowledged before a Notary Public,using in substance the following form of acknowledgment. 4.By a Surety.The name of the surety must be set forth,followed by an authorized signature.The signatures must be acknowledged before a Notary Public,using the proper form of acknowledgment. STATEOF f )SS. COUNTY OF ) On ,20__,before me,the undersigned,appeared _ known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary ofthe corporation that executed the within instrument,and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council. WITNESS my signature and seal. Notary Public (Seal) C-7 R6876.0001 \1351691 v2 11-10 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 ofwrongful 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:vn by A.M.Best &Company. Any deviation from this rule shall require specific approval,in writing,from the City. 2.All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled,reduced,or otherwise modified (except through addition ofadditional insured to the policy)by the insurance carrier without the insurance carrier giving the City thirty (30)days prior written notice thereof.The Contractor agrees that it will not cancel,reduce or otherwise modify said insurance coverage. 3.The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost,the City may take out the necessary insurance and pay the premium thereon,and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted,at the option of the City,from payments due the Contractor. 4.The Contractor shall submit to the City (1)insurance certificates indicating compliance with the minimum workers'compensation insurance requirements above,and (2)insurancepolicy endorsements above,not less than one (1)day prior to beginning of performance under this Agreement.Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement,"copies of which are attached hereto. C-8 R6876.0001 \1351691v2 11-11 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:CITY HALL MAIN WATERLINE REPLACEMENT 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 of Surety) ("Surety")a dilly admitted surety insurer under the laws ofthe State ofCalifornia,as Surety,are held and firmly bound unto the Public Agency in the penal sum of ---- Dollars ($),this amount being not less than one hundred percent (100%)ofthe total contract price,in lawful money of the United States ofAmerica,for the payment ofwhich sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors,and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGAnON IS SUCH THAT,ifthe hereby bounded Principal,his,her or its heirs,executors,administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 ofthe California Civil Code,or any amounts due under the Unemployment Insurance Code withrespect 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 ofthe 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 ofthe work to be performed thereunder,or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms ofthe Contract or to the work or to the specifications thereunder.Surety hereby waives the provisions of California Civil Code'2845 and 2849. C-9 R6876.0001 \1351691 v2 11-12 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-IO R6876.0001 \1351691 v2 11-13 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:CITY HALL MAIN WATERLINE REPLACEMENT 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 ofthe State ofCalifornia,as Surety,are held and firmly bound unto the Public Agency in the penal sum of _ Dollars ($),this amount being not less than the total contract price,in lawful money ofthe United States ofAmerica,for the payment ofwhich sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and severally,fIrmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,ifthe hereby bounded Principal,his,her or its heirs,executors,administrators,successors or assigns,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 ofthe work to be performed thereunder,or the specifIcations for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modifIcation to the terms ofthe Contract or to the work or to the specifIcations thereunder.Surety hereby waives the provisions of California Civil Code'2845 and 2849.The City is the principal benefIciary of this bond and has all rights of a party hereto. C-ll R6876.0001 \1351691 v2 11-14 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-12 R6876.0001 \1351691 v2 11-15 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 thereofhas been served upon the City Clerk ofthe City of Rancho Palos Verdes By:_ Its Authorized Representative C-13 R6876.0001 \1351691 v2 11-16 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code 1720,1773.8,1775,1776,1777.5,1813,1860,1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1.Contractor acknowledges that this contract is subject to the provisions ofDivision 2,Part 7,Chapter 1 (commencing with Section 1720)of the California Labor Code relating to public works and the awarding public agency ("Agency")and agrees to be bound by allthe 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 oftravel 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 ofthe location of the records.The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5.Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects,and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6.Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours.The Contractor shall,as a penalty to the Agency,forfeit twenty-five dollars ($25)for each worker employed in the execution ofthe contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in anyone calendar day and 40 hours in anyone calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code. 7.California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees.In accordance with the provisions ofCalifornia Labor Code Section 1861,Contractor hereby certifies as follows: "I am aware ofthe provisions ofSection 3700 ofthe Labor Code which require every employer to be insured against liability for workers'compensation or to undertake self-insurance in accordance with the provisions ofthat code,and I will comply with such provisions before commencing the performance of the work of this contract." Date _ R6876.000 1\1351691 v2 Signature _ C-14 11-17 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/AgreementlLicense/Permit No.or description:_ Indemnitor(s)(list all names): To the fullest extent permitted by law,Indemnitor hereby agrees,at its sole cost and expense,to defend,protect,indemnify,and hold harmless the City ofRancho Palos Verdes and its elected officials, officers,attorneys,agents,employees,volunteers,successors,and assigns (collectively "Indemnitees")from and against anyand all damages,costs,expenses,liabilities,claims,demands,causes of action,proceedings, expenses,judgments,penalties,liens,and losses of any nature whatsoever,including fees of accountants, attorneys,or other professionals and all costs associated therewith (collectively "Liabilities"),arising or claimed to arise,directly or indirectly,out of,in connection with,resulting from,or related to any act,failure to act,error,or omission of Indemnitor or any of its officers,agents,servants,employees,subcontractors, materialmen,suppliers or their officers,agents,servants or employees,arising or claimed to arise,directly or indirectly,out of,in connection with,resulting from,or related to the above-referenced contract,agreement, license,or permit (the "Agreement")or the performance or failure to perform any term,provision,covenant,or condition of the Agreement,including this indemnity provision.This indemnity provision is effective regardless of any prior,concurrent,or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision,and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision.Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision.Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a)Indemnitees'sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a)or (b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b).This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor,on behalf of itself and all parties claiming under or through it,hereby waives all rights of subrogation and contribution against the Indemnitees,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior,concurrent,or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor,then all obligations,liabilities,covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name _ By:_ Its R6876.000 1\1351691 v2 C-15 Name---------------- By:_ Its 11-18 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address a/named insured ("Named Insured''): Name and address a/Insurance Company ("Company''): General description 0/agreement(s),permit(s),licensers),and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1.The _ ("Public Agency"),its elected officials, officers,attorneys,agents,employees,and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured.The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2.The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3.Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4.Nothing in this contract of insurance shall be construed to preclude coverage ofa claim by one insured under the policy against another insured under the policy.All such claims shall be covered as third- party claims,i.e.,in the same manner as if separate policies had been issued to each insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits ofliability 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 indemnificationand/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 ofthe Named Insured regardless of any prior,concurrent,or subsequent active or passive negligence by the Additional Insureds. 8.It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance. C-16 R6876.0001 \1351691 v2 11-19 9.This endorsement and all notices given hereunder shall be sent to Public Agency at: 10.Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11.Scheduled items or locations are to be identified on an attached sheet.The following inclusions relate to the above coverages.Includes: o Contractual Liability o OwnerslLandlords/Tenants o Manufacturers/Contractors o Products/Completed Operations o Broad Form Property Damage o Extended Bodily Injury o Broad Form Comprehensive General Liability Endorsement o Explosion Hazard o Collapse Hazard o Underground Property Damage o Pollution Liability o Liquor Liability 0 _ 0 _ 0 _ 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 0 per claim or 0 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 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.:(.)_ R6876.000 1\1351691 v2 C-17 (Original signature only;no facsimile signature or initialed signature accepted) 11-20 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address ofnamed insured ("Named Insured ''):_ Name and address ofInsurance Company ("Company ''):_ General description ofagreement(s),permit(s),licensers),and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1.The _ ("Public Agency"),its elected officials, officers,attorneys,agents,employees,and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds")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 ofa claim by one insured under the policy against another insured under the policy.All such claims shall be covered as third- party claims,i.e.,in the same manner as if separate policies had been issued to each insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5.The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds. 6.The policy to which this endorsement is attached shall not be subject to cancellation,change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereto.In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7.Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf ofthe Named Insured regardless of any prior,concurrent,or subsequent active or passive negligence by the Additional Insureds. 8.It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance. C-18 11-21 9.This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275 10.Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11.Scheduled items or locations are to be identified on an attached sheet.The following inclusions relate to the above coverages.Includes: \Any Automobiles \All Owned Automobiles \Non-owned Automobiles \Hired Automobiles \Scheduled Automobiles \Garage Coverage \Truckers Coverage \Motor Carrier Act \Bus Regulatory Reform Act \Public Livery Coverage \ \ 12.A 0 deductible or 0 self-insured retention (check one)of $_ applies to all coverage(s)except:arnone,so state).The deductible is applicable G per claim or G per occurrence (check one). 13.This is an 0 occurrence or 0 claims made policy (check one). 14.This endorsement is effective on at 12:01 a.m.and forms a part ofPolicy Number I,(print name),hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed ,20__ Telephone No.:( )_ C-19 Signature of Authorized Representative (Original signature only;no facsimile signature or initialed signature accepted) 11-22 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address ofnamed insured ("Named Insured''): Name and address ofInsurance Company ("Company''): General description ofagreement(s),permit(s),license(s),and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1.The _:--__::__::=--:-:-~=_--------__::---_:___:_----_:_:_:_:____:_ ("Public Agency"),its elected officials, officers,attorneys,agents,employees,and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured.The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2.The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3.Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought,except with respect to the limits of the Company's liability. 4.Nothing in this contract of insurance shall be construed to preclude coverage ofa claim by one insured under the policy against another insured under the policy.All such claims shall be covered as third- party claims,i.e.,in the same manner as if separate policies had been issued to each insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5.The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds. 6.The policy to which this endorsement is attached shall not be subject to cancellation,change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereto.In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7.Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf ofthe Named Insured regardless of any prior,concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. validity, It is hereby agreed that the laws of the State of California shall apply to and govern the construction,interpretation,and enforcement of this contract of insurance. C-20 11-23 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. TYPEOFCOVERAGESTO~CH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY o Following Form o 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 0 deductible or 0 self-insured retention (check one)of $._ applies to all coverage(s)except:_ (ifnone,so state).The deductible is applicable 0 per claim or 0 per occurrence (check one). 14.This is an 0 occurrence or 0 claims made policy (check one). 15.This endorsement is effective on at 12:01 a.m.and forms a part ofPolicy Number I,(print name),hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed ,20__ Signature of Authorized Representative Telephone No.:( )__ C-21 (Original signature only;no facsimile signature or initialed signature accepted) 11-24