RPVCCA_SR_2010_06_15_06_Three-Yr_ Contract_To _Fire_GrazersCrrvOF RANCHO PALOS VERDES
REVIEWED:
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
HONORABLE MAYOR &CITY COUNCIL MEMBERS r
RAY HOLLAND,DIRECTOR OF PUBLIC WORK8 ~F
June 15,2010
AWARD A THREE-YEAR AS-NEEDED MAINTENA CE
CONTRACT TO FIRE GRAZERS,INC.FOR FY10-11 TO
FY12-13
CAROLYN LEHR,CITY MANAGER oY--
Project Manager:Emilio Blanco,Maintenance Superintendent
RECOMMENDATIONS
1.Approve project specifications for fuel modification services by grazing.
2.Award a three-year maintenance agreement contract to FIRE GRAZERS,INC.with
an option to renew for three one-year extensions by mutual agreement.
3.Authorize the Mayor and City Clerk to execute the maintenance agreement with
FIRE GRAZERS,INC.
BACKGROUND
Rancho Palos Verdes Staff members,the Los Angeles County Fire Department,the Los
Angeles County Department of Agricultural CommissionerlWeights and Measures,and the
Palos Verdes Peninsula Land Conservancy met regarding alternative methods to clear
brush and vegetation growth from open space areas.After this initial meeting Staff
determined several plans to address fuel modification issues within Rancho Palos Verdes.
One element of the fuel modification plan comes from an initial review of several other
organizations,and cities'experiences.It concluded the cost of clearing brush by
landscaping firms is significantly higher than the cost of clearing brush using grazing
animals such as goats.A pilot project was performed in the fall of 2008,using goats on an
adjacent lot to the City Hall building.This pilot project was well-received by Staff and the
public,proving that this method could be considered a viable,cost-efficient,and
environmentally-beneficial alternative,compared to the more conventional method of using
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man-power and gas-powered tools to control natural vegetation growth.After the success
of the pilot program in the fall of 2008,Staff prepared bid documents and publicized a
request for the clearance of brush citywide using goats and in FY 2009/2010,a contract
was awarded to Elizabeth Gonzalez,owner of Ranchito Tivo Boer Goats Farm.During the
summer of 2009,Ranchito Tivo Boer Goats successfully cleared six zones and received
positive feed back from the community,as well as on time completion and within budget.
It should be noted that the goat clearing technique cannot be applied to all of the fuel
modification zones throughout the City.Additional areas will require the use of man-power,
and power tools.Staff will prepare project specifications for this work and go out to bid in
the summer.
DISCUSSION
A notice inviting bids was advertised on May 5,2010,and bids were received and
opened on June 7,2010.After a reference check FIRE GRAZERS,INC.provided the
lowest responsive,responsible bid.
CONCLUSION
It is important for the City to meet the Los Angeles Fire Department,and the Los Angeles
Weights and Measures requirements for fuel modification on City owned properties.The
use of goats to help reduce vegetation growth has proved to be an effective tool in
combustible vegetation management.Therefore,Staffs recommendation is to award a
maintenance agreement contract to FIRE GRAZERS,INC.
FISCAL IMPACT
The recommended action will be completed for the lump sum cost of $89,645.Authorize a
20%contingency to the awarded contractor for unanticipated work,and emergency
clearing.For a total not to exceed cost of $107,574.Funds are currently budgeted in the
FY 10-11 Parks,Trails,and Open Spaces Maintenance Program for this project.
Attachments:
Exhibit A:Plans and Specifications
Exhibit B:Prices in Contractor's Proposal
Exhibit C:Maintenance Agreement
Exhibit D:Bid Opening Sheet
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THE CITY OF RANCHO PALOS VERDES
Notice to Contractors,Instructions to Bidders,
Special Provisions,Proposal,and Contract for:
FUEL MODIFICATION SERVICES BY
GRAZING
FOR
THE CITY OF RANCHO PALOS VERDES
Prepared by:
The City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,California 90275
(310)544-5252
Approved:
Date
Mayor,Steve Wolowicz
Mayor Pro Tem,Thomas D.Long
Council member,Anthony M.Misetich
Councilman,Douglas W.Stern
Councilman,Brian Campbell
By:_---::"-::-:---:-:-:--:--__
Director of Public Works
Ray Holland
THE CITY OF RANCHO PALOS VERDES
(i)6-3
·\
TABLE OF CONTENTS
SPECIFICATIONS FOR:
FUEL MODIFICATION SERVICES BY GRAZING FOR THE CITY OF RANCHO PALOS
VERDES
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS NC-1
INSTRUCTIONS TO BIDDERS 1-1
GENERAL PROVISIONS GP-1
Project Provisions............................................................................................GP-1
Units of Measure............................................................................................GP 1
Award of Bid and Execution of Contract GP-1
Decision as to Which Contractor is the Lowest and Best Bidder....................GP-1
Non-collusion Affidavit....................................................................................GP-1
Execution of the Contra ct...............................................................................GP-1
Insurance GP-2
Compliance with Provisions ofthe Public Contract Code...................GP-2
Rejection of Bids..................................................GP-2
Legal Relations and Responsibility to the City...........................GP-3
Laws to be Observed GP-3
Social Security Requirements........................................................................GP-3
Prevailing Wages GP-3
Penalties........................................................................................................GP-3
Permits and Licenses.....................................................................................GP 4
Patents...........................................................................................................GP-4
Indemnity.................................................GP-4
Notice.............................................................................................................GP-4
Contractor's Responsibility for Work GP-4
Cooperation.....................................................GP-4
Prosecution and Progress of the Work................GP-5
Work Schedule...............................................................................................GP-5
Subletting and Assignment............................................................................GP-5
Character of Workers.....................................................................................GP-5
Agents or Foreman...................................................................GP-5
Temporary Stoppage of Activities GP-5
Time of Completion and Liquidated Damages.....................GP-6
Suspension of Contract..................................................................................GP-6
(ii)6-4
TABLE OF CONTENTS
Measurement and Payment.................................................................................GP-7
Measurement and Payment...........................................................................GP-7
Final Invoice and Payment.............................................................................GP-7
Extra Work.....................................................................................................GP-7
Unpaid Claims................................................................................................GP-7
Acceptance GP-7
Control of Work....GP-8
Authority of the Director of Public Works.....GP-8
Progress of the Work.....................................................................................GP-8
Protection of Work.........................................................................................GP-8
Conflict of Terms............................................................................................GP-8
Interpretation of Specifications GP-8
Increases and Decreases of the Work to be Done GP-9
Alterations of the Work to be Done GP-9
Extra Work GP-9
Public Utilities GP-9
Procedure in Case of Damage to Public Property GP-10
Supervision GP-10
SPECIAL PROVISIONS SP-1
General Project Information SP-1
Requirements SP-1
Definition of Terms SP-1
Project Nature................................................................................................SP-2
Scope of Work................SP-2
Notice to Proceed...........................................................................................SP-2
Utilities............................................................................................................SP-2
Conference ,SP-3
Public Convenience and Safety.....................................................................SP-3
NPDES compliancelWater Pollution Control..................................................SP-3
Work Hours.............................................................SP-4
Equipment Requirements.................................................................................SP-5
Measurement and Payment....................................................................SP-5
Description of Work..........................................................................................SP-6
Schedule of Work..............................................SP-6
Frequency/Maintenance Schedule...................................................................SP-6
Hazardous Conditions......................................................................................SP-6
Extra Work.......................................................................................................SP-6
Inspections SP-7
Access to Work SP-8
Work Deficiencies............................................................................................SP-8
Project Locations SP-8
Work Specifications/Frequency Schedules SP-8
PROPOSAL
Checklist for Bidders
Proposal to City Council P-1
Bid Sheet...............................................................................................................P-3
Information Required of Bidder..............................................................................P-5
Designation of Subcontractors P-7
Contractor's Industrial Safety Record P-8
(iii)6-5
TABLE OF CONTENTS
Noncollusion Affidavit P-9
CONTRACT
Checklist for Execution of Construction Contract
Contract............................................................................................................C-1
Instructions for Execution of Instruments C-3
Insurance Requirements C-4
Workers'Compensation Certificate C-5
Agreement to Comply with California Law Requirements......C-6
Indemnification and Hold Harmless Agreement C-7
Additional Insured Endorsement -Comprehensive General Liability C-8
Additional Insured Endorsement -Automobile Liability....................................C-10
Additional Insured Endorsement -Excess Liability C-12
ATTACHMENTS
Attachment A -List of 17 Potential Weed Abatement Zones with Approximate Areas
Attachment B -Four (4)Fuel Modification Maps (24"x 36"format,folded)
(iv)6-6
NOTICE INVITING SEALED BIDS
THE CITY OF RANCHO PALOS VERDES
BIDS MUST BE RECEIVED BY:
BIDS TO BE OPENED AT:
PLACE OF BID RECEIPT:
AND PRE-BID MEETING
10:00 a.m.,on Monday,June 7,2010
10:00 a.m.,on Monday,June 7,2010
Office of the Director of Public Works
City Hall,30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
NOTICE IS HEREBY GIVEN that the City of Rancho Palos Verdes,County of Los Angeles,
California,will receive up to,but not later than the time set forth above,sealed contract bids for the
award of a contract for the above project.All bids shall be made on the form furnished by the City
and shall be opened and publicly read aloud at the above-stated time at the place of bid identified
above.
Sealed bids must be placed in a sealed package with the project name and identification number
typed or clearly printed on the lower left corner of the package.
PROJECT IDENTIFICATION NAME:Fuel Modification Services by Grazing for the City of
Rancho Palos Verdes
DESCRIPTION OF WORK:The project consists of furnishing all labor,materials,supplies,and
equipment necessary to provide for complete brush clearance services at various locations
throughout the City by grazing of goats.Brush clearance shall follow the guidelines of the Los
Angeles County Department of Agricultural Commissioner I Weights and Measures and the Los
Angeles County Fire Department.
COMPLETION OF WORK:All work shall be completed in accordance with the allocated time
frames as specified by the authorized city staff.
TERM OF CONTRACT:The term of contract shall be for a period of three (3)years at the contract
bid price subject to annual adjustment based on the All Items Consumer Price Index for All Urban
Consumers (CPI-U)for Los Angeles County.Thereafter the contract may be renewed for three (3)
one year periods by mutual agreement.This contract may be cancelled by the City with cause upon
thirty (30)days written notice and without cause by either party upon 120 days written notice.
OBTAINING BID DOCUMENTS:Contract documents for the above referenced project may be
obtained at the Office of the Director of Public Works,City Hall,Rancho Palos Verdes upon
payment of $20.00 for each set,$35.00 if mailed.This amount is not refundable.
Each bid response shall be accompanied by the bid document attachments required as part ofthis
Request for Bid.This may include,but not be limited to such items as a list of proposed
subcontractors and evidence of insurance,as specified in the contract documents.
Pursuant to the Labor Code of the State of California,the Industrial Welfare Commission regulates
the wages hours and working conditions in the agricultural occupations as published in Order No.
14-2001.This Order may be amended from time to time by the Industrial Welfare Commission as a
result of enacted legislation.This order is on file with the Director of Public Works and copies will
be made available to any interested party on request.The Contractor to whom the contract is
awarded,and the subcontractors under him is responsible to comply with any such subsequent
amendments to the Order,including republished minimum wage and meals and lodging credits to
NC-l 6-7
all workers employed in the execution of this contract.
Each bidder must submit a bid to the City,addressed to the Director of Public Works on the
standard forms available in the office of Director of Public Works.Bids shall remain valid and shall
not be subject to withdrawal for ninety (90)calendar days after the bid opening date.
The City reserves the right to reject any or all bids or any parts thereof and waive any irregularities
or informalities in any bid or in the bidding and to make awards in all or part in the best interest of
the City.
No bidder may withdraw his bid for a period of ninety (90)days after the date set for the opening
bids.
THE CITY OF RANCHO PALOS VERDES
By:
Ray Holland,
Director of Public Works
NC-l
Date
6-8
INSTRUCTIONS TO BIDDERS
FORM OF PROPOSAL:The proposal shall be made on the bidding schedule ("proposal")herein.
The proposal shall be enclosed in a sealed envelope bearing the name of the bidder and the name
of the project as described under Notice Inviting Sealed Bids.
DELIVERY OF PROPOSALS:The proposal shall be delivered by the time and to the place
stipulated in the Notice Inviting Sealed Bids.It is the bidder's sole responsibility to see that his
proposal is received in proper time.Any proposal received after the scheduled closing time for
receipt of proposals will be returned to the bidder unopened unless an extension has been granted
by the City.Bidders or their authorized agents are invited to be present.
MODIFICATIONS AND ALTERNATIVE PROPOSALS:Unauthorized conditions,limitations or
provisos attached to a proposal will render it informal and may be cause for rejection.The
complete proposal forms shall be without interlineations,alterations or erasures,unless each such
correction is suitably authenticated by affixing in the margin immediately opposite the correction the
surname or surnames of the person or persons signing the bid.No oral,telegraphic or telephonic
proposals or modifications will be considered.
WITHDRAWAL OF PROPOSAL:The proposal may be withdrawn upon request by the bidder
without prejudice to himself prior to,but not after,the time fixed for opening of bids,provided that
the request is in writing,has been executed by the bidder or his duly authorized representative,and
is filed with the DIRECTOR OF PUBLIC WORKS.No proposal may be withdrawn during the period
of ninety (90)calendar days after the opening of proposals.
APPROXIMATE ESTIMATE:The quantities shown in the proposal form shall be considered as
approximate only,being listed therein for the purpose of serving as a general indication of the
amount of work or materials to be performed or furnished,and as a basis for the comparison of
bids;and the City does not guarantee nor agree,either expressly or by implication,that the actual
amount required will correspond therewith,but reserves the right to increase or decrease the
amount of any item or portion of work or material to be performed or furnished,or to omit any such
item or portion,in accordance with the Special Provisions,under which the work is to be executed,
without any way invalidating the contract,should such increase,decrease or omission be deemed
necessary or expedient.
ADDENDA:The DIRECTOR OF PUBLIC WORKS may,from time to time,issue addenda to the
contract documents during the period of advertising for bids.Securers of contract documents shall
be notified of,and furnished with,copies of such addenda,either by certified mail,or personal
delivery,or facsimile during the period of advertising at no additional cost.
1-1 6-9
DISCREPANCIES IN PROPOSALS:The bidder shall set forth each item of work,in clearly legible
figures,a unit or line item bid for the item in the respective spaces provided for this purpose.
In case of discrepancy between the unit price and the total set forth for the item,the unit price shall
prevail,provided,however,if the amount set forth as a unit price is ambiguous,unintelligible or
uncertain for any cause,or is omitted,or in the case where the unit price is the same amount as the
entry in the "Total"column,then the amount set forth in the "Total"column for the item shall prevail
in accordance with the following:
(1)As to lump sum items,the amount set forth in the "Total"column shall be the unit
price.
(2)As to unit price items,the amount set forth in the "Total"column shall be divided by
the estimated quantity for the item and the price thus obtained shall be the unit
price.
In case of discrepancy between words and figures,the words shall prevail.
COMPETENCY OF BIDDERS:In selecting the lowest responsible bidder,consideration will be
given not only to the financial standing,but also to the general competency of the bidder for the
performance ofthe work covered by the proposal.To this end each proposal shall be supported by
a statement of the bidder's experience on the form entitled "Information Required of Bidder"bound
herein.
BIDDER'S EXAMINATION OF SITE AND CONTRACT DOCUMENTS:Bidders must satisfy
themselves by personal examination of the location of the proposed work and by such other means
as they may prefer as to the proposal,plans,specifications,contract form and actual conditions and
requirements ofthe work,and shall not at any time after submission ofthe bid,dispute,complain,or
assert that there was any misunderstanding in regard to the conditions to be encountered,the
character,quality,and quantities of work to be performed and materials to be furnished,and the
requirements of the proposal,plans,specifications,and the contract form.The submission of a
proposal shall be considered conclusive evidence that the bidder has made such examination.
DISQUALIFICATION OF BIDDERS:No person,firm,or corporation shall be allowed to make,file
or be interested in more than one bid for the same work,unless alternate bids are specifically called
for.A person,firm or corporation that has submitted a sub proposal to a bidder,or that has quoted
prices of materials to a bidder is not hereby disqualified from submitting a sub proposal or quoting
prices to other bidders or making a prime proposal.If there is a reason to believe that collusion
exists among the bidders,all bids will be rejected.
AWARD OF CONTRACT:The City reserves the right to reject any or all bids or any parts thereof
or to waive any irregularities or informalities in any bid or in the bidding.The award of the contract,
if made by the City,will be to the lowest responsible,responsive and qualified bidder.The award,if
made,will be within ninety (90)calendar days after the opening of the proposals;provided that the
award may be made after said period if the successful bidder has not given the City written notice of
the withdrawal of his bid.
ALTERNATES:If alternate bids are called for,the contract shall be awarded to the lowest
responsible bidder on the base bid.
LISTING SUBCONTRACTORS:Each bidder shall submit a list ofthe proposed subcontractors on
this project,as required by the Subletting and Subcontracting Fair Practices Act (Public Contract
Code Sections 4100,et seq.).Forms for this purpose are furnished with the contract documents.
EXECUTION OF AGREEMENT:The bidder to whom award is made shall execute a written
1-2 6-10
contract with the City in the form included in these contract documents and shall secure and provide
to City all insurance as herein specified within fifteen (15)calendar days from the date of mailing of
written notice of the award.Failure or refusal to enter into the agreement or to conform to any of
the stipulated requirements shall be just cause for the annulment of the award.In the event the
bidder to whom an award is made fails or refuses to execute the Agreement within said time,the
City may award the work to the next lowest bidder,or may call for new bids.
If the successful bidder refuses or fails to execute the contract,the City may award the contract to
the second lowest responsible bidder.If the second lowest responsible bidder refuses to execute
the contract,the City may award the contract to the third lowest responsible bidder to execute the
contract;.
INSURANCE AND BONDS:The Contractor shall not begin work under the Agreement until it has
given the City evidence of comprehensive public liability insurance and Workers'Compensation
Insurance coverage.
TELEPHONES:Bidders are hereby notified that Citywill not provide telephones for their use atthe
time of receipt of bids.
INTERPRETATION OF PLANS AND DOCUMENTS:If any person contemplating submitting a bid
for the proposed contract is in doubt as to the true meaning of any part of the drawings,
specifications or other contract documents,or finds discrepancies in or omissions from the drawings
and specifications,he or she may submit to the DIRECTOR OF PUBLIC WORKS a written request
for an interpretation or correction by seven (7)working days prior to bid opening.The person
submitting the request will be responsible for its prompt delivery.Any interpretation or correction of
the contract document will be made only by an Addendum duly issued,and a copy of such
Addendum will be mailed,faxed or delivered to each person receiving a set of the contract
documents.No oral interpretation of any provision in the contract documents shall be binding.
SALES AND/OR USE TAXES:Except as may be otherwise specifically provided herein,all sales
and/or use taxes assessed by federal,state or local authorities on materials used or furnished by
the Contractor in performing the work hereunder shall be paid by the Contractor.
1-3 6-11
GENERAL PROVISIONS
Section I
A.PROJECT PROVISIONS
1 -UNITS OF MEASURE
The U.S.Standard Measures also called U.S.Customary System is the principal
measurement system in these Specifications and shall be used for the work,unless
otherwise stated in the Contract Documents.
The project provisions applicable to this contract shall be those set forth in the Standard
Specifications for Public Works Construction,2009 edition,including all supplements,
published by Building News,Inc.,1612 South Clementine Street,Anaheim,California
92802,hereinafter referred to as "Standard Specifications."The Standard Specifications
are referred to and by this reference are made a part hereof as though set forth at length.
The Contractor is required to comply with the Standard Specifications in addition to the
conditions set forth in these General Provisions and Special Provisions.
B.AWARD OF BID AND EXECUTION OF CONTRACT
1 -DECISION AS TO WHICH CONTRACTOR IS THE LOWEST RESPONSIBLE BIDDER
All bidders must submit with their proposals satisfactory evidence that they are capable of
performing the work in accordance with plans and specifications.The Director of Public
Works may require any bidder bidding on any public service to submit experience records
covering a three-year period.The City Council may reject the bid of any bidder who has
been delinquent or unfaithful in the performance of any previous contract work.The
decision ofthe City Council as to which bidder is considered the "lowest responsible bidder"
will be based not only on the actual amount ofthe bid,but also on the relative competence
and experience of the bidders,with particular regard to the quality performance of any work
done by them for the City or other entity in the past,and such decisions shall be final and
binding upon all parties.
2 -NON-COLLUSION AFFIDAVIT
The Contractor shall execute and return a "Non-collusion Affidavit"with its bid in the form
attached herein.
3 -EXECUTION OF THE CONTRACT
The contract,in the form set forth in the Contract Section shall be executed by the
successful bidder in accordance with the Instruction for Execution of Documents,and
returned to the City for execution by the City,and shall be accompanied by the evidence of
insurance required by paragraph I-B-5,all within fifteen (15)calendar days from the date
written notice of the award is mailed to bidder.No bidder proposal shall be considered
binding upon the City until such time as it has been executed by the City.
4-NOT USED
GP-l 6-12
5 -INSURANCE
The Contractor shall at all times,during the term ofthis 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:VII 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.If workers'compensation insurance is 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 coverage's.
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.
6 -COMPLIANCE WITH PROVISIONS OF THE PUBLIC CONTRACT
All Contracts shall conform with the provisions of Sections 4100 through 4114,inclusive,of
the Public Contract Code,as amended,concerning subcontractors and subcontracts.
7 -REJECTION OF BIDS
Proposals may be rejected by the City Council where,upon evidence of a prior performance
of the bidder,the City Council has made a finding that the bidder is not a responsible bidder
because of unsatisfactory performance within the past three (3)years with the City or with
other public entities.The City reserves the right to reject any or all bids and to waive any
irregularity or informality in any bid to the extent permitted by law.
GP-2 6-13
C.LEGAL RELATIONS AND RESPONSIBILITY TO THE CITY
1 -LAWS TO BE OBSERVED
The Contractor shall keep himself or herself fully informed on all existing and pending State
and national laws and all municipal ordinances and regulations of the City,which in any
manner affect those employed in the work,or the material used in the work,or which in any
way affect the conduct of the work,and of all such orders and decrees of bodies or tribunals
having jurisdiction or authority over the same.The Contractor shall particularly observe all
ordinances of the City in relations to the obstruction of streets or conduct of the work,
keeping open passageways and protecting the same where they are exposed or dangerous
to traffic.
2 -SOCIAL SECURITY REQUIREMENTS
The Contractor shall furnish to the City satisfactory evidence that he and all subcontractors
working for him are complying with all requirements ofthe Federal and State Social Security
legislation.The Contractor,at any time on request,shall satisfy the City that the Social
Security and Withholding taxes are being properly reported and paid.
3 -PREVAILING WAGES
The City has determined that the brush clearance services performed in this contract is
classified as routine custodial maintenance services,and is therefore,exempt from
prevailing wage requirements.Prevailing wages are not required for this contract.
However,the Contractor shall comply with the California Industrial Welfare Commission
regulations for the wages hours and working conditions in the agricultural occupations as
published in Order No.14-2001.This Order may be amended from time to time by the
Industrial Welfare Commission as a result of enacted legislation.This Order is on file with
the Director of Public Works and copies will be made available to any interested party on
request.The Contractor to whom the contract is awarded,and the subcontractors under
him is responsible to comply with any such subsequent amendments to the Order,including
republished minimum wage and meals and lodging credits to all workers employed in the
execution of this contract.
4 -PENALTIES
The Contractor shall comply with the provisions of California Labor Code concerning
working conditions and the payment of minimum wages,meal and lodging credits to
workers and the penalties for failure to pay the same.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 minimum 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.
5-NOT USED
6-NOT USED
7 -NOT USED.
GP-3 6-14
8 •PERMITS AND LICENSES
The Contractor shall procure all permits and licenses,(including a Rancho Palos Verdes
business license),pay all charges and fees and give all notices necessary and incidental to
the due and lawful prosecution of the work.
9·PATENTS
The Contractor shall assume all responsibility arising from the use of any patented,or
allegedly patented materials,equipment,devices or processes used on or incorporated in
the work,and shall defend,indemnify,and hold harmless the City,and each of its officers,
agents,and employees from and against any and all liabilities,demands,claims,damages,
losses,costs,and expenses,of whatsoever kind or nature,arising from such use.
10 •INDEMNITY
The Contractor agrees to indemnify and hold harmless the City and others and to waive
subrogation as set forth in the Indemnification and Hold Harmless Agreement and Waiver of
Subrogation and Contribution executed concurrently herewith,a copy of which is attached
hereto and incorporated herein by this reference.
11·NOTICE
The address given in the Contractor's proposal is the place to which all notices to the
Contractor shall be mailed or delivered.The mailing to or delivering at the above named
place of any notice shall be deemed sufficient service thereof upon the Contractor,and the
date of that service shall be the date of such mailing or delivery.Such address may be
changed at any time by written notice signed by the Contractor and delivered to the Director
of Public Works.
12 •CONTRACTOR'S RESPONSIBILITY FOR WORK
Until the final acceptance of the work by the City,by written action of the Director of Public
Works,the Contractor shall have the charge and care thereof and shall bear the risk of
injury or damage to any part of the work by the action of the elements or any other cause.
The Contractor shall rebuild,repair,restore and make good all injuries or damages to any
portion of the work occasioned by any cause before its completion and acceptance and
shall bear the expense thereof,except for such injuries or damages arising from the sole
negligence of willful misconduct ofthe City,its officers,agents or employees.In the case of
suspension of work from any cause whatever,the Contractor shall be responsible for all
materials and the protection of work already completed and shall properly store and protect
them if necessary and shall provide suitable drainage and erect temporary structures where
necessary.
13·NOT USED
14·COOPERATION
The Contractor is hereby notified that additional work within the work site may be scheduled
during the course of this contract.
The Contractor shall cooperate with these and other projects in accordance with Sections 5-
6 and 7-7 of the Standard Specifications.
GP-4 6-15
Compensation for compliance shall be included in the various items of work,and no
additional compensation shall be allowed therefore.
D.PROSECUTION AND PROGRESS OF THE WORK
1 •WORK SCHEDULE
Prior to the Notice to Proceed,the Contractor shall submit annually a work schedule to
the Director of Public Works for approval.Said schedule must show the dates of the
expected start and completion of the various items of the contract work.The final schedule
will be used as a controlling document for each year's work.The contents required within
the schedule are outlined in Special Provisions,Section II,Part A.14-SCHEDULE
2 •SUBLETTING AND ASSIGNMENT
The Contractor shall give Contractor's personal attention to the fulfillment of the contract
and shall keep the work under Contractor's control.The Contractor shall not assign,
transfer nor sublet any part of the work without the written consent of the City by the
Director of Public Works.No assignment,transfer or subletting,even though consented to,
shall relieve the Contractor of Contractor's liabilities under the contract.Subcontractors
shall not be recognized as such,and all persons engaged in the project will be considered
as employees of the Contractor,their work being subject to the provisions of the contract
and the specifications.Should any subcontractor fail to perform the work undertaken by him
to the satisfaction of the Director of Public Works,said subcontractor shall be removed
immediately from the project upon request by the Director of Public Works,shall not again
be employed on the work,and the Contractor shall be held liable for the deficient work.
The Contractor shall submit to the City a list with the names,addresses and telephone
numbers of all subcontractors who will work under Contractor.
3 •CHARACTER OF WORKERS
The Contractor shall employ none but competent personnel.Any overseer,superintendent,
laborer or other person employed on the work by the Contractor who is intemperate,
incompetent,troublesome or otherwise undesirable,or who fails or refuses to perform the
work in the manner specified herein,shall be removed from jobsite immediately and such
person shall not again be employed on the work.At no time,will the contractor or its
employees be permitted to bring visitors or children with them when performing the
contractual work.At no time,shall the contractor allow the crew size to diminish to less
than one person per site.
4·AGENTS OR FOREMAN
In the absence of the Contractor from the site of the project,even if such is only of a
temporary duration,Contractor must provide and leave at the site a competent and reliable
English-speaking agent or foreman in charge.All notices,communications,orders or
instructions given,sent to,or served upon,such agent or foreman by the Director of Public
Works shall be considered as having been served upon the Contractor.
5 •TEMPORARY STOPPAGE OF ACTIVITIES
The Director of Public Works shall have the authority to suspend the contract work,wholly
or in part,for such a period oftime as the Director may deem necessary,due to unsuitable
weather,or to such other conditions as the Director considers unfavorable for the proper
GP-5 6-16
prosecution of the work,or for such time as the Director may deem necessary due to failure
on the part of the Contractor or Contractor's workers to carry out orders or to perform any of
the requirements of the contract.The Contractor shall immediately comply with such an
order from the Director of Public Works and shall not resume operations until so ordered in
writing.
6·TIME OF COMPLETION AND LIQUIDATED DAMAGES
If all the contract work is not completed in all parts and requirements within the time
specified in the contract documents,the City shall have the right to grant or deny an
extension of time for completion,as may seem best to serve the interest of the City.The
Contractor shall not be assessed with liquidated damages during any delay in the
completion ofthe work caused by acts of God or of the Public Enemy,acts of the State,fire
not due to acts of contractors,of subcontractors,floods,epidemics,quarantine,restrictions,
strikes,freight embargo or unusually severe weather,delays of subcontractors due to such
causes,or work suspensions directed by the Director of Public Works provided that the
Contractor shall,within ten (10)days from the beginning of such delay,notify the City,in
writing,of the cause of the delay.The City will ascertain the facts and the extent of the
delay,if any,and the finding thereon shall be final and conclusive.If the City deems it
appropriate to assess the contractor liquidated damages,such damages shall be in the
amount of $100 per day.
7 •SUSPENSION OF CONTRACT
If at any time,in the opinion of the Director of Public Works,the Contractor fails to supply an
adequate working force,manufactured articles,or material of proper quality,or has failed in
any other respect to prosecute the work with the diligence and force specified and intended
in any by the terms of the contract,notice thereof in writing will be served upon Contractor,
and should Contractor neglect or refuse to provide means for a satisfactory compliance with
the contract within the time specified in said notice and as directed by the Director of Public
Works,the Director of Public Works shall have the power to suspend the operation of the
contract and discontinue all work or any part thereof,subject to review by the City Council.
Thereupon the Contractor shall discontinue such work,or such part thereof as the City may
designate,and the City may thereupon,by contract or otherwise,as it may determine,
complete the work or such part thereof,and charge the entire expense of so completing the
work or any part there of to the Contractor,and for such completion the City itself or its
Contractors may take possession of and use,or cause to be used in the completion of the
work,or any part thereof,any such materials,implements and tools of every description as
may be found at the place of such work.All expenses charged under this paragraph shall
be deducted and paid for by the City out of any moneys then due or to become due the
Contractor under the contract,or any part thereof,and in such accounting the City shall not
be held to obtain the lowest figure for the work for completing the contract,or any part
thereof,or for ensuring its proper completion,but all sums paid therefore shall be charged
to the Contractor.In case the expenses so charged are less than sum which would have
been payable under the contract,if the same had been completed by the Contractor,the
Contractor shall be entitled to receive the difference,and in case such expense shall
exceed the amount payable under the contract,then the Contractor shall pay the amount of
the excess to the City,upon completion of the work,without further demand being made
therefore.In the determination of the question as to whether or not there has been any
such noncompliance with the contract as to warrant the suspension or annulment thereof,
the decision of the City Council shall be binding on all parties to the contract.
GP-6 6-17
E.MEASUREMENT AND PAYMENT
1-MEASUREMENT AND PAYMENT
Measure of the quantities of work and payments therefore shall be in accordance
with Section 9 of the Standard Specifications.In accordance with subsection 9-3.2 of the
Standard Specifications,the monthly payment date shall be the last calendar day of each
month.The monthly measurement of work performed shall be based on bid lump sump
price for only the abatement zones completed by the monthly payment date and not already
invoiced.The value thereof based on the contract and of the monthly payment shall be
prepared on an invoice by the Contractor and submitted to the Director of Public Works
before the tenth day of the following month for verification and payment consideration.Said
monthly invoice shall detail the work performed and shall indicate the abatement zones
completed in accordance with Bid Schedule ofthe proposal.All invoices shall be submitted
in triplicate to the City.
2-NOT USED
3 -EXTRA WORK
Extra work,when ordered in writing by the Director of Public Works and accepted by the
Contractor,shall be paid for under written work order in accordance with the terms therein
provided.Payment for extra work will be made at the unit price included on the Bid Sheet
or lump sum previously agreed upon in writing between the Contractor and the Director of
Public Works.All extra work shall be adjusted daily upon report sheets prepared for the
Director of Public Works,furnished by the Contractor,and signed by both parties,and said
daily report shall be considered thereafter the true records of extra work done.
4 -UNPAID CLAIMS
If upon or before the completion of the work herein agreed to be performed or at any time
prior to the expiration of the period within which claims of lien may be filed for record as
prescribed by the Code of Civil Procedure of the State of California,any person or persons
claiming to have performed any labor or furnished any materials,supplies or services
towards the performance of completion ofthis contract or ifthey have agreed to do so,shall
file with the City a verified statement of such claim,or if any person shall bring against the
City or any of its agents any action to enforce such claim,the City shall until the discharge
thereof,withhold from the moneys that are under its control,as much as shall be sufficient
to satisfy and discharge the amount in such notice or under such action claimed to be due,
together with the cost thereof;provided,that if the City shall in its discretion permit the
Contractor to file such additional bond as is authorized by the Code of Civil Procedure in a
penal sum equal to one and one-quarter times the amount of said claim,said money shall
not thereafter be withheld on account of such claim.
5 -ACCEPTANCE
The parties agree that no certificate given shall be conclusive evidence of the faithful
performance of the contract,either in whole or in part,and that no payment shall be
construed to be in acceptance of any defective work or improper materials.Further,the
certificate or final payment shall not terminate the Contractor's obligations under the
warranty here in above.The Contractor agrees that payment of the amount due under the
contract and the adjustments and payments due for any work done in accordance with any
alterations of the same,shall release the City,the City Council and its officers and
employees from any and all claims or liability on account of work performed under the
contract or any alteration thereof.
GP-7 6-18
F.CONTROL OF WORK
1 -AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS
The Director of Public Works shall decide any and all questions that may arise as to the
quality and acceptability of materials furnished and work performed as to the manner of
performance and rate of progress of the work,and any and all questions,which may arise
as to the interpretation of the plans and specifications.The Director of Public Works shall
likewise decide any and all questions as to the acceptable fulfillment of the contract on the
part of the Contractor,and all questions as to claims and compensations.The decision of
the Director of Public Works shall be final,and he shall have relative authority to enforce
and make effective such decisions and actions as the Contractor fails to carry out promptly.
For the purposes of routine and normal supervision and coordination of work,the Director of
Public Works is the City's authorized representative for all work within the scope of this
agreement.
2 -PROGRESS OF THE WORK
The Contractor's working days shall begin on the date stated in the Notice To Proceed,
which will be issued following the scheduling conference.The Contractor shall diligently
prosecute the work to completion before the expiration of the time limit appearing in the
specifications.
3-NOTUSED
4-NOT USED
5 -PROTECTION OF WORK
The Contractor shall continuously maintain adequate protection of all Contractor's work
from damage,and the City will not be held responsible for the care or protection of any
material,equipment or parts of work,except as expressly provided for in the specifications.
6 -CONFLICT OF TERMS
The notice to bidders,proposal,plans,specifications and General Provisions are essential
parts of the contract for a given project.These documents,together with the necessary
bonds and bidder's guarantee,constitute the contract as defined herein,and a requirement
included in one document shall be as binding as though included in all,as they are intended
to be cooperative and to provide a description of the work to be done.Should there be any
conflict or discrepancy between terms used,then the specifications shall govern over plans,
and change orders and supplemental agreements shall govern over any other contract
document.
7 -INTERPRETATION OF SPECIFICATIONS
Should it appear that the work to be done,or any matter relative thereto,is not sufficiently
detailed or explained on the plans or in the specifications,the Contractor shall request the
Director of Public Works for such further explanation as may be necessary,and shall
conform to such explanation or interpretation as part of the contract,so far as may be
consistent with the intent of the original specifications.In the event or doubt of questions
GP-8 6-19
relative to the true meaning of the specifications,reference shall be made to the City
Council,whose decision thereon shall be final.
8 -INCREASES AND DECREASES OF THE WORK TO BE DONE
The City reserves the right to increase or decrease the quantity of any item or portion of the
work described on the plans,the specifications or the proposal form or to omit portions of
the work so described,as may be deemed necessary or expedient by the Director of Public
Works.The Contractor shall agree not to claim or bring suit for damages,whether for loss
of profits or otherwise,on account of any decrease or omission of any kind of work to be
done.
9 -ALTERATIONS OF THE WORK TO BE DONE
By mutual consent of the parties signatory to the contract,alterations,modifications or
deviations from the type of work may be described on the plans,specifications or on the
proposal form may be made without in any way making the contract void.The price to be
paid by the City to the Contractor for such altered or modified work shall be agreed upon in
writing,endorsed upon the original contract and signed by the proper parties to said
contract.
Whenever,during the progress of the work,such changes or modifications are deemed
necessary by the Director of Public Works and agreed upon,as aforesaid,said deviations
shall be considered and treated as though originally contracted for,and shall be subject to
all the terms,conditions and provisions of the original contract.
10 -EXTRA WORK
New and unforeseen work will be classed as extra work only when said work is not covered
and cannot be paid for under any of the various items or combination of items for which a
base bid price appears on the proposal form.The Contractor shall not do any extra work
except upon written order from the Director of Public Works.Compensation for such extra
work shall be previously agreed upon in writing between the Contractor and the Director of
Public Works.
11 -PUBLIC UTILITIES
(a)All ofthe existing utility facilities except those to be relocated as shown on the plans
will remain in place and the contractor will be required to work around said facilities.In
case it should be necessary to remove the property of a public utility or franchise,such
owner will,upon proper application by the Contractor,be notified by the Director of Public
Works to move such property within a reasonable time,and the Contractor shall not
interfere with said property until after the expiration of the time specified.The right is
reserved to the owners of public utilities or franchises to enter upon the project site for the
purpose of making repairs or changes in their property,which may be necessary as a result
of the work.The Contractor shall also schedule and allow adequate time for those
relocations or modifications necessary for the project by the respective utility owners.
Employees and agents of the City shall likewise have the privilege of entering upon the
street for the purpose of making any necessary repairs or replacements.
(b)The Contractor shall employ and use only qualified persons,as hereinafter defined,
to work in proximity to Southern California Edison secondary,primary and transition
facilities.The term "qualified person"shall mean one,who by reason of experience or
instruction,is familiar with the operation to be performed and the hazards involved,as more
GP-9 6-20
specifically defined in Section 2700 of Title 8 of the California Administrative Code.The
Contractor shall take such steps as are necessary to assure compliance by any
subcontractors.
12·PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY
Any portions of curb,gutter,sidewalk,landscaping or any other City improvement damaged
by the Contractor during the course of the work shall be replaced by the Contractor at
Contractor's own cost,free of charges to the City.
13·NOT USED
14-NOT USED
15 •UNAUTHORIZED WORK
Any work done beyond the lines shown on the plans or established by the Director of Public
Works,or any extra work done without written authority will be considered as unauthorized
and will not be paid for.
16 •SUPERVISION
All manufactured products,materials,equipment and livestock used and installed and all
details of the work shall at all times be subject to the supervision,test and approval of the
Director of Public Works or his authorized representatives.The Director of Public Works or
his authorized representatives shall have access to the work at all times,and shall be
furnished with every reasonable facility for securing full knowledge with regard to the
progress,workmanship and character of the materials used or employed in the work.
The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill
the contract as prescribed.Defective work shall be made good,and unsuitable materials
may be rejected,notwithstanding the fact that such defective work and unsuitable materials
have previously been accepted or estimated for payment.
17·NOT USED
GP-IO 6-21
SPECIAL PROVISIONS
Section II
CITY PROJECT:Fuel Modification Services by Grazing for the City of Rancho
Palos Verdes
A.GENERAL PROJECT INFORMATION
1 -REQUIREMENTS
All work embraced herein shall be accomplished in accordance with the applicable
portions of the "Standard Specifications for Public Works Construction,"the 2009
edition,including all supplements,herein referred to as "Standard Specifications,
except as modified by these Special Provisions and the Project Plans.
The U.S.Standard Measures,also called U.S.customary System is the principal
measurement system in these Specifications,unless otherwise stated in the
Contract Documents.
In addition to the above,the Contractor shall comply with the requirements of the
following:
(a)Notice Inviting Sealed Bids
(b)Instructions to Bidders
(c)Proposal
(d)NOT USED
(e)Information Required of Bidders
(f)Contract Agreement
(g)NOT USED
(i)NOT USED
2 -DEFINITION OF TERMS
Wherever in the "Standard Specifications"terms are used,they shall be understood
to mean and refer to the following:
Agency &Owner -The City of Rancho Palos Verdes
Board -City Council,the City of Rancho Palos Verdes
Engineer -The Director of Public Works,acting either directly or
through the properly authorized agents,such agents
acting within the scope of the particular duties
entrusted to them.
Notice to Contractors -Notice Inviting Sealed Bids
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3 -PROJECT NATURE
The location of the work,its general nature,extent,form and detail of the various
features are listed as a part of these Specifications.
4 -SCOPE OF WORK
The work to be done consists offurnishing all materials,equipment,tools labor and
incidentals as required by the specifications and contract documents as per article
24 of these Special Provisions.The general items of work include complete brush
clearance services through the use of livestock (goats)at various locations
throughout the City.
The City is not responsible to provide any utilities,including electricity,water and
access to sanitary sewer facilities,with the exception of potable water while
performing brush clearance work at sites at City Hall and provided that the water
supply is available.
5 -NOTICE TO PROCEED
Upon award of this contract and signing the contract documents,the City shall issue
the Contractor a Notice to Proceed.Contract period shall commence on the date in
the Notice to Proceed.
The City will not authorize any work to be done under these Specifications before
the contract agreement has been fully executed;and any work that is done by the
contractor in advance of such time shall be considered as being done at
Contractor's own risk and responsibility,and as a consequence will be subject to
rejection by not having been done in the presence of the Director of Public Works or
Inspector as provided in Section 2-10 of the Standard Specifications.
In the event that the Director of Public Works shall be of the opinion that the work is
being inadequately or improperly executed in any respect,he/she may demand that
the Contractor improve or change the execution of the work in such manner as to
assure proper and timely completion.
6 -UTILITIES
It is anticipated that these existing utilities will not interfere with the Contractor's
brush clearance operations.However,the Contractor shall exercise due care to
ensure that these utility facilities are not damaged during his operations.The
Contractor shall notify the following utility companies prior to the beginning of any
work:
AGENCY
The City of Rancho Palos Verdes
The City of Rolling Hills
Southern California Edison Co.
Southern California Gas Co.
California Water Service Co.
SP-2
TELEPHONE NUMBER
(310)544-5252
(310)377-1521
(310)783-9336
(800)427-2200
(310)377-5525
6-23
7 •CONFERENCE
The Contractor shall attend an annual scheduling meeting with the Director of Public
Works,which shall be held a minimum of five (5)working days prior to
commencement of any work.The Contractor shall submit his 24-hour emergency
telephone numbers to the Director of Public Works for approval a minimum of two
(2)working days prior to the scheduling meeting.
8 •PUBLIC CONVENIENCE AND SAFETY
Motoring Traffic Safety and Convenience:Attention is directed to Section 7-10 of
the Standard Specifications and the Manual of Warning Signs,Lights and Devices
for Use in Performing Work Upon Highways,published by the California Department
of Transportation.
Should the need for motoring traffic warning and safety devices be required,full
compensation for conforming to the requirements of Section 7-10 of the Standard
Specifications,the above referenced Caltrans Manual and these Special Provisions
not otherwise provided for,shall be considered as included in the prices paid for the
various contract items of work,and no additional compensation will be allowed
thereof.
Warning and Protection Devices:The Contractor will be responsible for providing,
placing and maintaining approved warning signs and other necessary facilities in the
vicinity of the clearance area and where any dangerous conditions may be
encountered as a result thereof,for the protection of the public.The Contractor will
not be allowed to proceed with the work until such time that a sufficient number of
these protection devices have been delivered to the project site.
Should the Contractor appear neglectful in furnishing warning and protection
devices as outlined above,the Director of Public Works may direct attention to the
existence of a hazard and the necessity of additional or different measures,which
shall be furnished and installed by the Contractor at Contractor's own expense,free
of any cost to the City.Should the Contractor refuse or fail to act in a timely manner
to correct a hazardous condition,the Director of Public Works may direct City forces
to provide the necessary protective and warning devices as deemed appropriate by
the Director of Public Works.
The cost accrued by the City in connection therewith will be deducted from the
Contractor's contract payment.Any action or inaction on the part of the City in
directing attention to the inadequacy of warning and protective measures or in
providing additional protective and warning devices shall not relieve the Contractor
from responsibility for public safety or abrogate Contractor's obligation to furnish and
pay for these devices.
9·NPDES COMPLIANCEIWATER POLLUTION CONTROL
Water pollution control shall consist of constructing those facilities specified by these
Contract Documents,required by law,or as ordered by the Director of Public Works
or his authorized representative.Said work is intended to provided prevention,
control and abatement of water pollution to streams,oceans and other bodies of
water.Full compensation for conforming to the requirements in this entire section
SP-3
6-24
shall be considered as included in the prices paid for the various contract items of
work,and no additional compensation will be allowed therefore.
Housekeeping/Cleanup:The Contractor shall prevent pollution of stormwater from
cleanup and disposal operations by using best management practices and good
housekeeping methods.When fluids or dry materials spill,cleanup should be
immediate, thorough,and routine.The Contractor shall never attempt to "wash them
away"with water,or bury them.The Contractor shall report significant spills to the
appropriate spill response agencies immediately.The Contractor shall recognize
that different types of materials have different disposal requirements and follow
appropriate practices.The Contractor shall confine non-hazardous debris to
dumpsters,covered at night or during wet weather,and taken to a landfill for
recycling or disposal.The Contractor shall handle hazardous debris in accordance
with specific laws and regulations and dispose of as a hazardous waste.A separate
permit may be required.
Sanitary Waste Management:The Contractor shall prevent the discharge of
sanitary waste to stormwater by providing convenient,properly located,well
maintained facilities.If the Contractor elects to provide portable toilet facilities,the
Contractor shall hire,at no additional cost to the City,a licensed portable sanitary
facility leasing company,which will clean the facilities regularly and keep them in
good working order.The Contractor shall make sure that portable sanitary facilities
are located on relatively level ground away from traffic areas,drainage courses,and
storm drain courses,and storm drain inlets.The Contractor shall regularly inspect
the facilities for any leaks,and have defective units replaced.
Vehicle and Equipment Management:The Contractor shall use and maintain
vehicles and equipment in a manner that prevent leaks and spills offluids,contains
wash waters,and controls off-site tracking.The Contractor shall not allow leaking
vehicles and equipment on-site and shall inspect equipment and vehicles frequently
for leaks and repair them immediately.The Contractor shall clean up spills and leaks
promptly with absorbent materials,and shall not flush with water.
The Contractor shall fuel,maintain,and repair vehicles and equipment off-site
whenever possible,and on-site only in designated areas.The Contractor shall not
wash vehicles and equipment on-site When not in use,the Contractor shall store
equipment and vehicles in designated,contained areas and place drip pans and
absorbent material under stored equipment that is prone to leaking and dripping.
The Contractor shall not drain and replace motor oil,radiator coolant,or other fluids
on-site,
10 -WORK HOURS
Abatement work accomplished by grazing and placing of electric fences shall be
performed only during daylight hours.Supervision of livestock by onsite personnel
shall be maintained 24 hours per day,7 days per week.Livestock shall be penned
at night to prevent escape into non-abatement areas.
If work is permitted after sunset,the Contractor shall provide,at its expense,
adequate light for proper prosecution of the work for the safety of the workmen and
the public,and for proper inspection.
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6-25
11-EQUIPMENT REQUIREMENTS
Prior to beginning of contractor operations,the Contractor shall furnish the Director
of Public Works a current list indicating the equipment to be used for the project.All
equipment shall be in safe and excellent working condition.
12 -MEASUREMENT AND PAYMENT
Fe1l Payment
Payment shall be made to the Contractor for all newly completed abatement zones
on a monthly basis for all work performed to the satisfaction of the Director of Public
Works within 45 days of invoicing by the Contractor.The Contractor shall be
required to provide one monthly invoice in triplicate for all newly completed
abatement zones,with locations and costs for each location identified as is shown in
the Bidding Schedule.All requests for payment of Extra Work must be
accompanied by the City's written request for such services.All work not billed to
the City within thirty (30)days of completion by the Contractor shall be subject to
nonpayment by the City.
Fe2l Payment Withheld/Deducted
The City may withhold and/or deduct payment to such extent as may be necessary
to protect the City from loss due to:
a)Work required in the specifications,which is defective,incomplete or not
performed.
b)Claims filed or reasonable evidence indicating probable filing of claims
for damages caused by the Contractor to private or public property.
c)Failure of the Contractor to make payments properly to employees,
subcontractors or vendors for materials or services provided.
d)Expenses incurred by the City to perform work required in the
specifications that is defective,incomplete or not performed.
e)Failure to participate in and respond to the scheduled Inspections.
f)Costs incurred by the City due to extra administration costs for additional
inspections and subsequent correspondence/notifications.
g)Failure to submit weekly schedules and reports.
These actions shall not be construed a penalty but as an adjustment of payment to
the contractor for only the work actually performed,or as the cost of the City for
inspection and other related costs from the failure of the Contractor to complete the
work according to schedule.$100.00 per day shall be deducted from monthly
payments for every day that schedules are not submitted to the City.
Fe3l Work To Be Done Without Direct Payment
Whenever it is specified that the Contractor is to do work or furnish materials of any
class for which no price is fixed in the Proposal,it shall be understood that he is to
do such work or furnish such materials without extra charge or allowance or direct
payment of any kind.The cost of doing such work or furnishing such materials is to
be included in the price bid for such other items of work as he may consider
appropriate.
SP-5
6-26
13·DESCRIPTION OF WORK
The intent of these specifications is to prescribe and provide for the complete and
finished performance and accomplishment,in every respect,of the entire
contemplated work indicated by the detailed specifications;and it shall be
understood that the Contractor undertaking the execution of all or any part of such
work or improvement will be required to perform and complete the same in a
thorough,satisfactory and workmanlike manner in accordance with the provisions of
the specifications,and to furnish and provide in connection therewith all necessary
labor,tools,implements,equipment,materials and supplies except such as may
otherwise be specified will be furnished by the City.
14·SCHEDULING OF WORK
The Contractor shall accomplish all custodial fuel modification services required
under these specifications during the hours specified in the work specifications.The
Contractor shall provide an annual schedule for brush clearance at the scheduling
meeting each year.After approval of the schedule by the Director of Public Works,
a written Notice to Proceed will be issued for the work of that year.Work shall
commence no later than five days after issuance of the Notice to Proceed and work
shall be performed without interruption until completion.In no case should the
schedule to complete all brush clearance for the year exceed 120 days.
The contractor shall provide weekly updates as needed thereafter.Any changes in
scheduling shall be reported,in writing,to the Director of Public Works prior to the
performance of the work.
15·NOT USED
16 •HAZARDOUS CONDITIONS
The Contractor shall maintain all work sites free of hazards to persons and/or
property resulting from its operations.Any hazardous condition noted by the
Contractor,which is not a result of his operations,shall immediately be reported to
the Director of Public Works.
17 •EXTRA WORK
No work of any kind shall be considered as extra unless separate authorization is
issued by the City for said work before work commences.
In the event the Contractor is required by the City and agrees to perform extra work
the following will govern such work.
1.An estimate of the costs will be submitted for approval prior to work being
done.Estimated cost shall be determined by multiplying the estimated
acreage of new abatement area by the unit price for extra work provided on
the Bid Sheet.The Contractor shall maintain records sufficient to distinguish
the direct cost of other operations.Contractor shall furnish reports of extra
work on forms furnished by the Contractor,itemizing all costs for labor,
materials,and equipment rental.The report shall include hours worked.
The following procedure will govern such extra work.
SP-6
6-27
2.Work will be executed under the direction of the Director of Public Works
on a time and materials basis or an agreed upon lump sum price
depending on the nature of the work.
3.City will issue a work request for such extra work to be performed.
4.Extra work will not be initiated without written authorization.The
Contractor shall be required to begin extra work promptly once
authorization is obtained.
18 -NOT USED
19 -INSPECTIONS
N(1)City/Contractor Inspections
The inspection and administration ofthe contract work will be made by the Inspector
supported by the Director of Public Works.
Any and all questions arising regarding the performance of the work shall be
directed to the Inspector.If the question cannot be answered,or if the answer is
unacceptable,it will be referred by the Inspector to the Director of Public Works.
N(2)City Inspections
The Contractor shall accompany the Inspector,on an inspection tour of all areas of
responsibility once each week or more frequently,as dependent on progress of
each abatement zone,whereupon any deficiencies will be noted.All deficiencies
noted on this report are required to be corrected prior to completion of the zone.
Additionally,the Contractor shall accompany the Director of Public Works on
inspection tours at the request of the Director of Public Works.
All deficiency notices and calculations of payment deductions shall originate with the
Inspector and be authorized by the Director of Public Works.
N(3)Supervision by Contractor
The Contractor shall give efficient supervision to the work,using his best skill and
attention and shall provide and keep on the work site at all times during its progress
a competent crew leader/foreman and any necessary assistants.All directions of
the Lead Inspector or his authorized representative shall be received and obeyed by
the crew leader/foreman in charge of the particular work;and all such directions
given shall be as binding as if given to or by the Contractor in person.The
Contractor shall be required to have at all times at least one person in each
abatement zone where livestock are present.
N(4)Inspection/Administration Cost Limitation
The inspection and administration criteria stated below shall comprise the maximum
amount of City staff time required for this contract.It is estimated that the maximum
allowable inspection and administration time for this contract (10)hours per week.
SP-7
6-28
The cost for all time in excess of the stated criteria required due to inadequate level
of custodial maintenance and poor administrative preparation on the part of the
Contractor,shall be deducted and forfeited from payments.
20 -ACCESS TO WORK
The City's authorized representative shall at all times have access to the work and
shall be furnished with every reasonable facility for acquiring full knowledge
respecting the progress,workmanship,and character of materials used and
employed in the work.
Whenever the Contractor varies the period during which work is carried out,they
shall give due notice to the Director of Public Works,so that proper access for
inspection may be provided.Any inspection of work shall not relieve the
Contractor of any obligations to fulfill the contract as prescribed.
21-WORK DEFICIENCIES:
The Inspector or Director of Public Works shall report work deficiencies to the
Contractor's on site representative.All work deficiencies shall be corrected within
forty-eight (48)hours.The Contractor shall keep records of actual work performed.
The Contractor shall also be responsible for notifying the Maintenance
Superintendent or designee of all maintenance deficiencies on a weekly basis.
23-PROJECT LOCATIONS AND CONDITIONS
The City has identified seventeen weed abatement zones that may require fuel
modification in any given year;however,it is unlikely that all zones will require fuel
modification in anyone year.A list of these seventeen zones and their approximate
size is included in Attachment A.That table also indicates which zones are
anticipated to require fuel modification by grazing in the first year of this contract.
Size estimates are provided to enhance the description of each area and are
approximate only.The location of abatement zones for grazing are indicated on
maps in Attachment B.Both attachments are incorporated herein by reference.It is
the responsibility of Contractor to verify the various area characteristics by
inspection,observation and other forms of site reconnaissance.Contractor accepts
the premises in their present physical condition,and agrees to make no demands
upon the City for any improvements or alterations to the abatement areas or access
ways thereto.Locations to be serviced shall be confirmed by Contractor with the
Director of Public Works,prior to submitting the Schedule.
24-WORK SPECIFICATIONS
A.All utilities needed for work,except as noted above,shall be the
responsibility of the Contractor,including supplying water for the goats.
B.Brush Clearance:
1.The brush clearance shall be provided to the level that meets the
guidelines of the Los Angeles County Fire Department and the Los Angeles
County Department of Agricultural CommissionerslWeights and Measures.
2.The Contractor shall avoid the clearing of,or damage to,cactus patches
SP-8
6-29
by the livestock in any of the zones,through cordoning off or another method
deemed practical.
3.The Contractor shall make every effort to provide expedient service in the
clearing of the brush.
4.Attachment A indicates the list of sites where brush clearance is to be
performed by the Contractor.The Director of Public Works,or his authorized
representative,reserves the right to remove any of the fuel medication zones
from the project scope as deemed necessary.The Contractor will not receive
payment from the City for any fuel modification zones that are not completed.
C.Fencing:
1.Livestock shall be contained by the Contractor by a solar-powered
electrified fence and shall be corralled in a pen at night.
2.The Contractor is responsible for the security of the fence and shall
check the security of the fence at a minimum of once per day.
3.The Contractor shall place and maintain proper signing on or near the
fencing warning the public to not touch the electric fence or the livestock,or to
interfere with the project.The signs shall also have the contact phone number
of the City Public Works Department should the public have any questions or
concerns.
4.Fencing shall be temporary in nature and shall be moved as necessary
during the course of the project.
5.All fencing and signs shall be removed at the completion of the project.
D.Livestock:
1.The livestock shall be goats.The Contractor shall provide only does and
wethers (castrated males)in order to eliminate the possibility of uncontrolled
breeding of the goats
2.The Contractor shall be responsible for the care of the livestock,
including turning them out to graze daily,water,minerals,and medical care as
needed.
3.Livestock shall at no time be allowed to graze in any areas other than
those indicated in the project maps as agreed upon fuel modification areas.
4.The Contractor will not hold the City or landowners liable for injuries or
death of livestock caused by accidents,predators,or disease.The City will not
be held responsible for the loss of,or harm to,the livestock caused by other
animals.
5.Livestock shall be supervised 24 hours a day and this supervision should
be provided at each site livestock are kept.
6.The Contractor shall provide to the Director of Public Works,or his
authorized representative,a total count of the livestock when they enter each
fuel modification zone and when they leave each zone.
E.The Contractor is responsible for providing all equipment deemed necessary
for the project,including but not limited to,truck/trailer for the transport of animals
and materials,fencing and temporary pen for overnight containment of livestock,
transportation and accommodation for use by person providing 24-hour supervision,
water troughs,mineral feeders,minerals,medication,labor,and insurance.
F.The prices quoted in the Bid Sheet shall be reflective ofthe cost of all labor
and supplies,including but not limited to,livestock,guardian dogs,fencing,corrals,
water and water troughs,mineral feeders,minerals,medications and medical care,
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6-30
housing and utilities for human supervision,labor,gasoline,insurance,and time.
G.Upon satisfactory completion of the work for the year,as determined by the
Director of Public Works,or his designated representative,the Contractor shall
remove alllivestockidogs/equipment from the City's property.
H.Fuel modification work shall adhere to the guidelines of and be subject to
acceptance by inspectors from the Los Angeles County Fire Department and the
Los Angeles County Agricultural Commissioner I Weights and Measures,Weed
Hazard and Pest Abatement Bureau,Weed Abatement Division.These
guidelines can be obtained from:
LA County Fire Department
Consolidated Fire Protection District
1320 N.Eastern Ave.,Los Angeles 90063-3294
Phone (323)881-2401
Website:http://fire.lacounty.gov
LA County Agricultural CommissionerlWeights and Measures Department
Weed Abatement Division
12300 Lower Azusa Rd.,Arcadia 91006-5872
Phone (626)575-5484
Website:http://acwm.lacounty.gov/
SP-IO
6-31
CHECKLIST FOR BIDDERS
The following information is required of all Bidders:
Signed Proposal
Completed Bid Sheet
Completed Information Required of Bidders Form
Designation of Subcontractors
Complete Contractors Industrial Safety Record
Non Collusion Affidavit
Addendum
SP-ll
6-32
PROPOSAL
THE CITY OF RANCHO PALOS VERDES
FUEL MODIFICATION SERVICES BY GRAZING FOR THE CITY OF RANCHO
PALOS VERDES
TO THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
The undersigned,as bidder,declares that:(1)this proposal is made without collusion with any
other person,firm or corporation,and that the only persons or parties interested as principals are
those named herein;(2)bidder has carefully examined the project plans,specifications,instructions
to bidders,proposal,notice to contractors and all other information furnished therefore and the site
of the proposed work;(3)bidder has investigated and is satisfied as to the conditions to be
encountered,the character,quality and quantities of work to be performed and materials to be
furnished.Furthermore,bidder agrees that submission of this proposal shall be conclusive
evidence that such examination and investigation have been made and agrees,in the event this
contract be awarded to bidder,to enter into a contract with the CITY COUNCIL of the CITY OF
RANCHO PALOS VERDES,to perform said proposed work in accordance with the plans,if any,
and the terms of the specifications,in the time and manner therein prescribed,and to furnish or
provide all materials,labor,tools,equipment,apparatus and other means necessary so to do,
except such thereof as may otherwise be furnished or provided under the terms of said
specifications,for the following stated unit prices or lump-sum price as submitted on the Schedule
attached hereto:
The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial
Safety Record.
The undersigned further agrees that should he/she be awarded the contract on the basis hereof
and thereafter,defaults in executing the required contract,with necessary documents,within ten
(10)days,not including Saturdays,Sundays and legal holidays,after having received notice that
the contract has been awarded and is ready for signature,this proposal and the acceptance thereof
may be considered null and void.
Signature(s)of bidder:_
If an individual,so state.If a firm or co-partnership,state the firm name and give the names of all
individual co-partners composing the firm.If a corporation,state legal name of corporation,also
names of president,secretary,treasurer,and manager thereof.Two notarized officer's signatures
and the corporate seal are required for corporations.
Legal Business Name:_
Address:_
Telephone:_
Contact:_
Bid Date _
P -1 6-33
The bidder may attach any additional information or explanation of data which bidder would like to
be taken into consideration in evaluating the safety record.An explanation must be attached of
the circumstances surrounding any and all fatalities.
P-2 6-34
THE CITY OF RANCHO PALOS VERDES
BID SHEET
NAME OF COMPANY:_
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Sealed Bids,the undersigned hereby agrees to enter into a
contract to furnish all labor,materials,equipment and supplies for the project identified as FUEL
MODIFICATION SERVICES BY GRAZING FOR THE CITY OF RANCHO PALOS VERDES in
accordance with the specifications and plans in the Contract Documents which are on file in the
office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and
under the direction of the Director of Public Works at the following prices:
BID SCHEDULE
ABATEMENT LUMP SUMZONELOCATIONDESCRIPTIONPRICE*NUMBER
1 Bordering residences on Via Capri $
2 Bordering City Hall $
3 Bordering residences on Calle Viento $
4 Bordering residences on Avenida Anillo $
13 Bordering residences on Tarragon and
Arrowroot Lane $
14 Bordering residences on Seacove Dr $
15 Bordering residences on Admirable I $Dauntless Dr
17 Bordering residences on Pirate Dr $
21 Bordering residences on Narcissa Dr $
22 Bordering residences on Narcissa Dr,near $Vanderlip
25 Bordering residences on Amber Sky Dr $
P-3 6-35
27 Bordering Vanderlip Dr $
28 Bordering Vanderlip Dr $
29 Bordering residences on Ocean Terrace,$Searidge
34 Shoreline Park $
35 Crestridge,near Indian Peak Rd $
36 Bordering Indian Peak Rd $
TOTAL BASE BID $
Extra Work for any area added to contract $per acre
Total for Base Bid in Words:_
CONTRACT PRICING.Except as otherwise provided,prices given herein shall remain in
effect through the term of this contract.The City does not pay surcharges of any type unless
identified in the response to this Invitation to Bid and accepted in writing by the City.All of
Contractor's costs are considered to be included in the pricing provided to the City on the Bid
Sheet.
*Please note that the City reserves the right to remove any of the above listed fuel
modification zones from the scope of work as deemed necessary during the course of the
project.The City will not provide payment to the Contractor for those zones not completed due
to their removal from the scope of work.The City will not adjust lump sum prices for any of
the zones remaining in the scope of work to accommodate claims of loss due to a reduction in
overall scope.Prices given herein,including provisions for annual adjustment provided in the
Contract,are considered to be the stand alone price for each individual zone regardless of the
number of zones included in the final scope of work.
P-4 6-36
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information:(Additional sheets may be attached if
necessary.)
(1)Address:_
(2)Telephone:_
(3)Type of firm -Individual,Partnership,or Corporation:
(4)Corporation organized under the laws of the State of
(5)NOT USED:
(6)List the names and addresses of all members of the firm or names and titles of all officers
of the corporation:
(7)Number of years experience for brush clearance work _
(8)List at least three similar projects completed as of recent date:
Contract
Amount
No.
Class of Work Date Completed Name.Address of Owner.&Telephone
P-5 6-37
(9)List the name and address of such subcontractor who will perform work in or about the
work and indicate what part of the work will be done by each such contractor (if there
are more than two subcontractors,attach a separate sheet ):
NAME TYPE OF WORK~_
ADDRESS _
NAME TYPE OF WORK~_
ADDRESS _
(10)List the name of the person who inspected the site of the proposed work for your firm:
(11)NOTE:Upon request of the City,the bidder shall furnish evidence showing a notarized
financial statement,financial data,similar project experience,or other information.
(12)NOT USED
(13)NOT USED
P-6 6-38
DESIGNATION OF SUBCONTRACTORS
[Public Contract Code 4104]
Public Contract Code 4104 provides as follows:
Any officer,department,board or commission taking bids for the construction of any public
work or improvement shall provide in the specifications prepared for the work or
improvement or in the general conditions under which bids will be received from the doing
of the work incident to the public work or improvement that of any person making a bid or
offer to perform the work,shall,in his or her bid or offer,set forth:
(a)The name and the location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the
construction of the work or improvement,or a subcontractor licensed by the State
of California who,under subcontract to the prime contractor,specially fabricates
and installs a portion of the work or improvement according to detailed drawings
contained in the plans and specifications,in an amount in excess of one-half of 1
percent of the prime contractor's total bid or,in the case of bids or offers for the
construction of streets or highways,including bridges,in excess of one-half of 1
percent of the prime contractor's total bid or ten thousand dollars ($10,000),
whichever is greater.
(b)The portion of the work,which will be done by each subcontractor under this act.
The prime contractor shall list only one subcontractor for each portion as is
defined by the prime contractor in his or her bid.
Subcontractor's Name and
Contract Name Address and Telephone No.
P-7
Portion of Work and
Percent of Total Bid
6-39
CONTRACTOR'S INDUSTRIAL
SAFETY RECORD
Record Last Five (5)Full Years:
Year of Record 20_2O-20_ 20_20_Total Current
Year
....-......·····i ..........•••••••••••••••••?••••••••••••••••••<·..······················<i .............../..............••<
.........«<<<...................../............................................<...<........<................
1.No.of contracts
2.Total dollar amount of contracts (in
thousands of $)
*3.No.of fatalities
*4.No.of lost workday cases
*5.No.of lost workday cases involving
permanent transfer to another job or
termination of employment
The information required for these items is the same as required for Columns 3 to 6,Code 10,Occupational Injuries,Summary -Occupational
Injuries and Illnesses No.1 02.
The above information was compiled from the records that are available to me at this time,and I declare under penalty of perjury that the
information is true and accurate within the limitations of those records.
Name of Bidder (print)
Address
City Zip Code
P-8
Signature
State Contractor's Lic.#&Classification
Telephone
6-40
State of California
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code 7106]
)
)ss.
County of -J)
___--:-'being first duly sworn,deposes and says that
he or she is of
the party making the foregoing bid,that the bid is not made in the interest of,or on behalf of,any
undisclosed person,partnership,company,association,organization,or corporation;that the bid is
genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired,
connived,or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain
from bidding;that the bidder has not in any manner,directly or indirectly,sought by agreement,
communication,or conference with anyone to fix the bid price of the bidder or any other bidder,or to
fix any overhead,profit,or cost element of the bid price,or of that of any other bidder,or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract;that all statements contained in the bid are true;and,further,that the bidder has not,
directly or indirectly,submitted his or her bid price or any breakdown thereof,or the contents
thereof,or divulged information or data relative thereto,or paid,and will not pay,any fee to any
corporation,partnership,company association,organization,bid depository,or to any member or
agent thereof to effectuate a collusive or sham bid.
Signature
Subscribed and sworn to before me on
(Date)
(Notary Seal)
SPC02-16 Revised 2.9.04
P-9
Signature
Notary Public
6-41
CHECKLIST FOR EXECUTION OF FUEL MODIFICATION CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:
o Two Executed Notarized Copies of the Contract (Attached)
o Workers Compensation Certificate (Attached)
o Liability Insurance Certificate in the Amount of $1 Million,Naming the City as a Co-insured
o Automobile Insurance Certificate in the Amount of $1 Million,Naming the City as a Co-insured
o General Aggregate Insurance Certificate in the Amount of $2 Million,Naming the City as a Co-
insured
o Agreement To Comply with California Labor Law Requirements (Attached)
o Business License with the City of Rancho Palos Verdes
o Indemnification and Hold Harmless Agreement (Attached)
o Additional Insured Endorsement -Comprehensive General Liability (Attached)
o Additional Insured Endorsement -Automobile Liability (Attached)
6-42
THE CITY OF RANCHO PALOS VERDES
CONTRACT FOR:
FUEL MODIFICATION SERVICES BY GRAZING FOR THE CITY OF RANCHO
PALOS VERDES
THIS AGREEMENT is made and entered this day of ,20_,by and between
the CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City"and _
hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS,City desires to contract with Contractor to perform the services detailed in this contract,
including the Proposal,and
WHEREAS,Contractor has represented that it is fully qualified to assume and discharge such
responsibility;
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:FUEL MODIFICATION SERVICES BY
GRAZING FOR THE CITY OF RANCHO PALOS VERDES,as described in these Plans and
Specifications,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 ofthe 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.TERM OF CONTRACT:This agreement shall commence on July 1,2010,and shall remain
and continue in effect until tasks described herein are completed,but in no event later than
June 30,2013,unless sooner terminated pursuant to the provisions of this agreement.
The term of contract shall be for a period of three (3)years at the contract bid price subject
to annual adjustment based on the All Items Consumer Price Index for All Urban
Consumers (CPI-U)for Los Angeles County.Thereafter the contract may be renewed for
three (3)one year periods by mutual agreement.This contract may be cancelled by the City
with cause upon thirty (30)days written notice and without cause by either party upon 120
days written notice.
3.Compensation.In consideration of the services rendered hereunder,Contractor shall be
paid according to the prices as submitted on the Bid Sheet ofthe Proposal,attached hereto
as a part of these Plans and Specifications and in accordance with the Special Provisions.
4.Independent Contractor.It is specifically understood and agreed by all parties hereto that
Contractor is,for the purposes of this Agreement,an independent contractor and not an
employee of the City.Accordingly,Contractor shall not be deemed the City's employee for
any purpose whatsoever.Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever for or against City.
5.Assignment.This agreement may not be assigned by Contractor,in whole or in part,
without the prior written consent of City.
6.Termination.This Agreement may be canceled by City at any time without penalty upon
thirty-(30)days'written notice.In the event of termination without fault of Contractor,City
C -1 6-43
Mayor
shall pay Contractor for all services rendered prior to date of termination,and such payment
shall be in full satisfaction of all services rendered hereunder.
7.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."
8.Minimum Working Conditions and Rate of Pay for Wages.Meals and Lodging.The
California Industrial Welfare Commission regulates the wages hours and working conditions
in the agricultural occupations as published in Order No.14-2001.This Order may be
amended from time to time by the Industrial Welfare Commission as a result of enacted
legislation.This Order is on file with the Director of Public Works and copies will be made
available to any interested party on request.The Contractor to whom the contract is
awarded,and the subcontractors under him is responsible to comply with any such
subsequent amendments to the Order,including republished minimum wage and meals and
lodging credits to all workers employed in the execution of this contract.
This contract is subjectto the provision of Article 1.5 (commencing at 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.Article 1.5 mandates certain procedures for the filing of
claims and supporting documentation by the contractor,for the response to such claims by
the contracting public agency,for a mandatory meet and confer conference upon the
request of the contractor,for mandatory non-binding mediation in the event of litigation is
commenced,and for mandatory judicial arbitration upon the failure to resolve the dispute
through mediation.This contract hereby incorporates the provisions of Article 1.5 as though
fully set forth herein.
9.Suit:Recovery of Attorney Fees &Costs.Should either party bring any action to protect or
enforce its rights hereunder,the prevailing party in such action shall be entitled to recover,
in addition to all other relief,its reasonable attorney's fees and court costs.
IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year
first above written.
THE CITY OF RANCHO PALOS VERDES
By:_
ATTEST:
By:-:---:-':""""""':"_
City Clerk
CONTRACTOR:
By:_
Printed Name Date
C -2 6-44
THE CITY OF RANCHO PALOS VERDES
INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS
THIS IS INSTRUCTION ONLY -IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH
THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF
RANCHO PALOS VERDES -IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT
DOCUMENTS.
1.By an Individual.The individual must sign the instrument,and if he/she is doing business
under a fictitious name,the fictitious name must be set forth.The signature must be
acknowledged before a Notarv 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 Notarv
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 Notarv 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 Notarv Public,using the proper form of
acknowledgment.
STATE OF -J)
)ss.
COUNTY OF -I)
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)
C -3 6-45
INSURANCE REQUIREMENTS FOR THE CITY OF RANCHO PALOS VERDES
FUEL MODIFICATION SERVICES BY GRAZING CONTRACT
The Contractor shall at all times,during the term ofthis 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:VII 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 coverage's.
d)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.
e)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.
f)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.
C-4 6-46
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:
The 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:_
It's Authorized Representative
C-5 6-47
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 living rates of wages to workers and the penalties for
failure to pay living 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 living 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:
"l am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to 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 _
C-6 6-48
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No.or description:
FUEL MODIFICATION SERVICES BY GRAZING FOR THE CITY OF RANCHO PALOS
VERDES
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 "Indemnities")from and
against any and all damages,costs,expenses,liabilities,claims,demands,causes of action,proceedings,
expenses,judgments,penalties,liens,and losses of any nature whatsoever,including fees of accountants,
attorneys,or other professionals and all costs associated therewith (collectively "Liabilities"),arising or claimed
to arise,directly or indirectly,out of,in connection with,resulting from,or related to any act,failure to act,error,
or omission of Indemnitor or any of its officers,agents,servants,employees,subcontractors,materialmen,
suppliers or their officers,agents,servants or employees,arising or claimed to arise,directly or indirectly,out
of,in connection with,resulting from,or related to the above-referenced contract,agreement,license,or
permit (the "Agreement")or the performance or failure to perform any term,provision,covenant,or condition
of the Agreement,including this indemnity provision.This indemnity provision is effective regardless of any
prior,concurrent,or subsequent active or passive negligence by Indemnities and shall operate to fUlly
indemnify Indemnities 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 Indemnities may have under the law.
Payment is not required as a condition precedent to an Indemnities'right to recover under this indemnity
provision,and an entry of judgment against an Indemnities shall be conclusive in favor of the Indemnities'right
to recover under this indemnity provision.Indemnitor shall pay Indemnities 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)Indemnities'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's,which may have
been required under the Agreement,or any additional insured endorsements,which may extend to
Indemnities.
Indemnitor,on behalf of itself and all parties claiming under or through it,hereby waives all rights of
subrogation and contribution against the Indemnities,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
Indemnities.
In the event there is more than one person or entity named in the Agreement as an Indemnitor,then all
obligations,liabilities,covenants and conditions under this instrument shall be joint and several.
"Indemnitor"
Name'--_
By:_
Its
C -7
Name _
By:_
Its
6-49
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured ("Named Insured"):
Name and address of Insurance Company ("Company'?:
FUEL MODIFICATION SERVICES BY GRAZING FOR THE CITY OF RANCHO PALOS
VERDES
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 CITY OF RANCHO PALOS VERDES_---:-__:--__-:---:--:-__
("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's 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's 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 oftheir 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.
C-8 6-50
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:
City Manager
The City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
10.Except as stated above and not in conflict with this endorsement,nothing contained
herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the
policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATIACHES
POLICY PERIOD
FROMITO
LIMITS OF
LIABILITY
11.Scheduled items or locations are to be identified on an attached sheet.The following
inclusions relate to the above coverage's.Includes:
°Contractual Liability
°Owners/Landlordsrrenants
°Manufacturers/Contractors
°Products/Completed Operations
°Broad Form Property Damage
°Extended Bodily Injury
°Broad Form Comprehensive
General Liability Endorsement
°Explosion Hazard
°Collapse Hazard
°Underground Property Damage
°Pollution Liability
°Liquor Liability
0 _
0 _
0 _
12.A °deductible or °self-insured retention (check one)of $,_
applies to all coverage(s)except:-:-_--::----:--:--__-:--:---:-:_-:--_-:--_
(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)
C-9 6-51
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:
FUEL MODIFICATION SERVICES BY GRAZING FOR THE CITY OF RANCHO PALOS
VERDES
Notwithstanding any inconsistent statement in the policy to which this endorsement is
attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as
follows:
1.The CITY OF RANCHO PALOS VERDES _
("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers 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's 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's provided by the Policy.
3.Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the
Company's liability.
4.Nothing in this contract of insurance shall be construed to preclude coverage of a
claim by one insured under the policy against another insured under the policy.All such claims
shall be covered as third-party claims,i.e.,in the same manner as if separate policies had been
issued to each insured.Nothing contained in this provision shall operate to increase or replicate the
Company's limits of liability as provided under the policy.
5.The insurance afforded by the Policy for contractual liability insurance (subject to the
terms,conditions and exclusions applicable to such insurance)includes liability assumed by the
Named Insured under the indemnification and/or hold harmless provision(s)contained or executed
in conjunction with the written agreement(s)or permit(s)designated above,between the Named
Insured and the Additional 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 oftheir 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
C-10 6-52
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:
City Manager
The City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
10.Except as stated above and not in conflict with this endorsement,nothing contained
herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the
policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROMITO
LIMITS OF
LIABILITY
11.Scheduled items or locations are to be identified on an attached sheet.The following
inclusions relate to the above coverage's.Includes:
i Any Automobiles
i All Owned Automobiles
i Non-owned Automobiles
i Hired Automobiles
i Scheduled Automobiles
i Garage Coverage
i Truckers Coverage
i Motor Carrier Act
i Bus Regulatory Reform Act
i Public Livery Coverage
i
i
12.A 0 deductible or 0 self-insured retention (check one)of $_
applies to all coverage(s)except:_(ifnone,so state).The deductible is applicable G per claim or
G per occurrence (check one).
13.This is an 0 occurrence or 0 claims made policy (check one).
14.This endorsement is effective on at 12:01 a.m.and forms a part of
Policy Number
I,(print name),hereby
declare under penalty of 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)
C-ll 6-53
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (''Named Insured'):
Name and address of Insurance Company ("Company'):
FUEL MODIFICATION SERVICES BY GRAZING FOR THE CITY OF RANCHO PALOS
VERDES
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 CITY OF RANCHO PALOS VERDES._--:-__.,...-__-:---:--:-__
("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's 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's 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 andlor 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 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.
9.This endorsement and all notices given hereunder shall be sent to Public Agency at:
C-12 6-54
City Manager
The City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
10.Except as stated above and not in conflict with this endorsement,nothing contained
herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the
policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATIACHES
o Following Form
o Umbrella Liability
o _
POLICY PERIOD
FROMITO
LIMITS OF
LIABILITY
11.Applicable underlying coverage's:
INSURANCE COMPANY POLICY NO.AMOUNT
12.The following inclusions,exclusions,extensions or specific provisions relate to the
above coverage's:
13.A 0 deductible or 0 self-insured retention (check one)of $_
applies to all coverage(s)except:-:-_~~~__-:-~_~_-:--_
(if none,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 of
Policy Number _
I,(print name),hereby
declare under penalty of perjury under the laws of the State of California,that I have the authority to
bind the Company to this endorsement and that by my execution hereof,I do so bind the Company.
Executed ,20_
Telephone No.:(_)_
C-13
Signature of Authorized Representative
(Original signature only;no facsimile
signature or initialed signature accepted)
6-55
FUEL MODIFICATION SERVICES BY GRAZING FOR THE CITY OF
RANCHO PALOS VERDES
Bid Opening -Monday,June 7,2010 @ 10:00 a.m.
BIDDER BID
G,Dn~le.~l"eA.vd-,s ~v 0 ')
fp \tlo,DOD -
F\re g CA Z-c:.Ll'>l p.)C-
..-6C\,to ~~
6-56
Exhibit "B":Prices in Contractor's Proposal
Abatement Zone Location Description Lump Sum Price
Number
1 Bordering residences on Via Capri $4,690.00
2 Bordering City Hall $4,050.00
3 Bordering residences on Calle Viento $5,415.00
4 Bordering residences on Avenida Anillo $4,145.00
13 Bordering residences on Tarragon and Arrowroot Lane $4,750.00
14 Bordering residences on Seacove Drive $3,440.00
15 Bordering residences on Admirable/Dauntless Drive $3,785.00
17 Bordering residences on Pirate Drive $7,475.00
21 Bordering residences on Narcissa Drive $3,445.00
22 Bordering residences on Narcissa Drive,near Vanderlip $3,200.00
25 Bordering residences on Amber SkyDrive $6,650.00
27 Bordering Vanderlip Drive $3,810.00
28 Bordering Vanderlip Drive $3,110.00
29 Bordering residences on Ocean Terrace,Searidge $18,200.00
34 Shoreline Park $5,940.00
35 Crestridge,near Indian Peak Road $3,800.00
36 Bordering Indian Peak Road $3,740.00
Total Base Bid $89,645.00
Extra work for any area added to the contract $1,150.00 per acre
R6876-000 1\1234380v2.doc 5 6-57
AGREEMENT FOR FUEL MODIFICATION SERVICES BY GRAZING
This Agreement ("Agreement")is made and entered this day of ,20 I 0,by and
between the City of Rancho Palos Verdes (hereinafter referred to as the "City,")and Fire Grazers,Inc.
(hereinafter referred to as "Contractor").
WHEREAS,City desires to clear brush at various locations throughout the City by grazing of goats;and
WHEREAS,Contractor has represented that it is fully qualified to assume and discharge such
responsibility.
NOW,THEREFORE.the parties hereto do agree as follows:
I.Scope of Services.Contractor shall perform the work and provide the services and materials for
the project identified as Fuel Modification Services by Grazing (the "Project")as described in
these Plans and Specifications,attached hereto as Exhibit "A"and incorporated herein by this
reference,including miscellaneous appurtenant work.Contractor shall perform the work and
provide the services and materials for the Project only between April 15th and November 14th of
each year that the Agreement is in effect.In the event of any conflict between the terms of this
Agreement and any attached exhibit,the terms ofthis Agreement shall be controlling.
2.Term.This Agreement shall commence on July I,2010 and shall terminate on June 30,2013 (the
"Initial Term"),unless sooner terminated pursuant to Section 7 of this Agreement.After the
Initial Term,the Agreement may be renewed for three (3)one-year periods by mutual written
agreement.
3.Compensation.In consideration ofthe services rendered hereunder,City shall pay Contractor
according to the Prices in Contractor's Proposal,attached hereto and incorporated herein as
Exhibit "B,"and in a manner as described in Exhibit "A."
4.Time.Upon receipt of written Notice to Proceed from the City,Contractor shall perform with
due diligence the services requested by the City and agreed on by Contractor,Time is of the
essence in this Agreement.
5.Use.The City grants access to Contractor to the premises as stated in each Notice to Proceed for
the sole purpose of grazing goats.The premises shall be used for no other purpose by the
Contractor without the prior written consent of the City.
6.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 take 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 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.
R6876-0001\1234380v2.doc 6-58
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.
7.Termination.The City may terminate this Agreement with cause upon thirty (30)days written
notice,and either parts may terminate this Agreement without cause upon 120 days written
notice.In the event oftermination 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.
8.Prevailing Wages.Contractor has advised the City that is does not employ any employee(s)in
performing the work and providing the services and materials for the Project pursuant to this
Agreement.Thus,requirements regarding the payment of prevailing wages are not relevant to
this Agreement.
9.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 Pains Verdes Fuel Modification Services by
Grazing Contract;Workers'Compensation Certificate of Insurance;Agreement to Comply with
California Labor Law Requirements;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).
10.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.
11.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 he entitled to
recover reasonable attorneys'fees,experts'fees,and other costs,in addition to any other relief to
which the party may be entitled.
12.Titles.The titles used in this Agreement are for general reference only and are not part ofthe
Agreement..
13.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 he modified or amended,or provisions or breach may he waived,only by
subsequent written agreement signed by both parties.
14.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.
R6876-0001 \1 234380v2.doc 2 6-59
15.Non-Waiver of Terms,Rights and Remedies.Waiver by either party of anyone or more ofthe
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.
16.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,
Dated:._
Dated:_
ATTEST:
CITY CLERK
R6876-0001 \1 234380v2.doc 3
_("Contractor")
BY:-------------
BY:_
The City of Rancho Palos Verdes,
A Municipal Corporation ("City")
BY:_
MAYOR
6-60
(;;1<h \b~of 'D
FUEL MODIFICATION SERVICES BY GRAZING FOR THE CITY OF
RANCHO PALOS VERDES
Bid Opening -Monday,June 7,2010 @ 10:00 a.m.
BIDDER BID
G:,on~le."(~iVC.\.H~~v 0 ')
if.\ttc,DOD -
F\re g CPo 2'-C£:..f)l ~C-
..8£\,loY:~-
6-61