AGENDA
SPECIAL MEETING OF THE MAYWOOD CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY
REDEVELOPMENT AGENCY
THURSDAY, OCTOBER 10, 2024 AT 4:30 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL
CALL TO ORDER
ROLL CALL
II. CITY OFFICIALS
MAYOR
Eddie De La Riva
MAYOR PRO TEM
Mayra Aguiluz
COUNCIL MEMBERS
Jessica Torres
Frank Garcia
Heber Marquez
CITY CLERK
Brian E. Juarez
CITY TREASURER
Mary Mariscal
CITY MANAGER
Jennifer E. Vasquez
CITY ATTORNEY
Roxanne Diaz
III. MEETING PROCEDURES
THIS MEETING WILL BE HELD IN PERSON.
THE MEETING WILL BE AVAILABLE FOR VIEWING VIA ZOOM:
https://us02web.zoom.us/j/85398326595 AND VIA THE CITY'S FACEBOOK PAGE.
Public Participation Options:
1. In-Person: Council Chambers located at 4319 E. Slauson Avenue, Maywood, CA
2. Before the Meeting: Public comment will be accepted for the record in advance by 3:00 p.m. the day of the meeting by email to
[email protected]; or if you are unable to email, please call the City Clerk's Office at (323) 562-5714. Your comment will be made part of the written record but will NOT be read verbally at the meeting.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (323) 562- 5714 within 72 hours of the meeting.
IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on an item on the agenda may use the instructions provided in section III. MEETING PROCEDURES beginning on page 1 of this agenda.
VI. PUBLIC HEARING
1. CONSIDERATION OF ADOPTING RESOLUTION NO. 6387 OF THE CITY OF
MAYWOOD CITY COUNCIL AUTHORIZING THE FILING OF AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR
PATHWAYS TO REMOVING OBSTACLES TO HOUSING (PRO HOUSING) GRANT
FUNDING
VII. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate discussion or action.
2. CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT TO QUALITY FENCE CO., INC. FOR PUBLIC WORKS YARD FENCE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $116,905.00
VIII. ADJOURNMENT - The next Regular Meeting of the Maywood City Council is scheduled for Wednesday, October 23, 2024, in the City Council Chambers at 5:30 p.m.
PUBLIC ACCESS TO MEETING AGENDA AND AGENDA PACKETS
I, _______________________________, City Clerk or Deputy City Clerk, hereby certify that this agenda was duly posted by law at 4319 E.
Slauson Avenue, Maywood, CA 90270 and the City Website. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the Maywood City Hall, 4319 E. Slauson Avenue, Maywood CA 90270.
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to rising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting. In compliance with the ADA, if you need special assistance for the meeting, call (323) 562-5723 within 72 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility.
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 1.
DATE: October 10, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
KAREN INIGUEZ, COMMUNITY DEVELOPMENT ANALYST
SUBJECT: CONSIDERATION OF ADOPTING RESOLUTION NO. 6387 OF THE CITY OF
MAYWOOD CITY COUNCIL AUTHORIZING THE FILING OF AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR
PATHWAYS TO REMOVING OBSTACLES TO HOUSING (PRO HOUSING) GRANT
FUNDING
RECOMMENDATION:
Staff recommends that the City Council approve the attached Resolution No. 6387 approving the filing of the application to the U.S. Department of Housing and Urban Development for Pathways to Removing Obstacles to Housing (PRO Housing) Grant Funding
BACKGROUND:
On August 2024, The U.S. Department of Housing and Urban Development (HUD) issued a Notice of Funding Opportunity (NOFO) for Round 2 of the grant Pathways to Removing Obstacles to Housing (PRO Housing) grant program that will support communities who are actively taking steps to remove barriers to affordable housing, such as:
• Barriers caused by outdated zoning, land use policies, or regulations; • Inefficient procedures;
• Gaps in available resources for development;
• Deteriorating or inadequate infrastructure;
• Lack of neighborhood amenities; or
• Challenges to preserving existing housing stock such as increasing threats from natural hazards, redevelopment pressures, or expiration of affordability requirements.
Through the competitive grants process, round two of the Pathways to Removing Obstacles to Housing (PRO Housing) competition will provide $100 million in funding for communities across the country to identify and remove barriers to affordable housing production and preservation. Grantees may use awards to further develop, evaluate, and implement housing policy plans, improve housing strategies, and facilitate the overall production and preservation of affordable housing. The grant program has a six-year performance period with an estimated project start date of September 1, 2025, to an estimated project end date of September 30, 2030.
The City continues to explore opportunities to increase the production of affordable housing and overcome
barriers, including the lack of funding, streamlined policies and procedures, and organizational capacity. The City’s Sixth Cycle Housing Element outlines various policies and programs to address the need for housing that align with the eligible activities under the PRO Housing grant.
DISCUSSION:
The City is proposing to leverage PRO Housing grant funds to develop a three-step plan to develop transformational mechanisms to preserve affordable housing and encourage affordable housing production.
The newly proposed project will include a Zoning Ordinance Update, the creation of an Additional Dwelling Unit (ADU) Amnesty Program, and establishing a Rehabilitation Program process which will include distribution of funds.
The proposed project will include updating the City's Zoning Ordinance to comply and conform to the City’s General Plan, which will streamline the permitting process and allow for standard development. Specifically, this will deal with conflicting language found in the zoning code. The City began to deal with some of the necessary definition updates during the recent adoption of the sixth cycle housing element. During that time, recent updates for ADU construction were added, but additional changes to the definitions in the zoning ordinance would allow for a better streamlined process overall. In conjunction with the work the City has done to make ADU construction easier to improve the affordable housing stock in the City, the City would like to address ADU structures that are not currently permitted by developing an Accessory Dwelling Unit Amnesty Program, that is consistent with the newly established ADU Subsection in the Maywood Zoning Ordinance.
The implementation of the program will include a newly created process of public informational flyers, permitting checklists, and standards for eligibility. Lastly, the project will include a Home Improvement Rehabilitation Program focused on energy efficiency that will create a streamlined process to allow for the distribution of funds to assist homeowners in Maywood with the opportunity to make repairs/improvements that will include roofing, electrical element and other energy saving improvements.
Staff has set ambitious yet achievable measurable outcome goals for the Maywood PRO Housing Project, with clear metrics and timelines to help define the success of efforts. These programs will allow for compliance with the City of Maywood’s 6th Cycle Housing Elements recommendation, which will provide both immediate relief to the critical housing shortage in the City and lay the foundation for long-term systemic change.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact associated with the filing of the grant application. If the City is awarded this federal grant, a commitment of $100,000 in matching funds will be necessary and staff recommends utilizing the Local Fiscal Recovery Fund.
ATTACHMENT(S)
1. Resolution No. 6387 - Pro Housing Grant
RESOLUTION NO. 6387
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MAYWOOD, CALIFORNIA AUTHORIZING THE FILING OF A U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
PATHWAYS TO REMOVING OBSTACLES TO HOUSING (PRO
HOUSING) GRANT APPLICATION AND AUTHORIZING THE CITY
MANAGER, OR HER DESIGNEE, TO RECEIVE AND ADMINISTER
GRANT FUNDING AND ACT AS THE AGENT OF THE CITY ON ALL
MATTERS CONCERNING THE PRO HOUSING GRANT PROGRAM
WHEREAS, the United States Department of Housing and Urban Development (HUD) (“Grantor”) has issued a Notice of Funding Opportunity for the Pathways to Removing Obstacles to Housing (PRO Housing) grant program (“Grant”), for assisting communities in their efforts to the identification and removal of barriers to affordable housing production and preservation; and
WHEREAS, HUD is responsible for administering and establishing necessary procedures governing the Grant application process; and WHEREAS, said procedures established by HUD recommend that applicants certify the approval of the application before submission to HUD; and WHEREAS, successful applications will be conditioned upon entering into a contract with HUD setting forth the standard terms and conditions of the Grant; and WHEREAS, the City Council of the City of Maywood approves the filing of a Grant application to create and preserve affordable housing (“Project”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD
HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDER AS FOLLOWS:
Section 1. The City Manager, or her designee (hereinafter collectively referred to as the “City Agent”), is hereby authorized and directed to apply for and submit to HUD an application for the PRO Housing grant on behalf of the City of Maywood (“City”), a public entity established under the laws of the State of California. The City hereby agrees to comply with each and all terms, conditions, and limitations imposed by HUD upon said Grant, and if approved, the City Agent is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to secure the Grant, and all amendments thereto.
Section 2. The City delegates authority to the City Manager, or her designee, to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which 2 may be necessary for the completion of the Project.
Section 3. The City certifies that it has or will have available, prior to commencement of any work on the Project included in this application, the sufficient staff resources to provide the required in-kind match to the Project Section 4. The City agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.
Section 5. The City Council of the City of Maywood hereby agrees to, and by resolution, does accept any such Grant so awarded to the City without further action of the City Council being required
Section 6. Contingent upon award of said Grant, the annual budget of the City is hereby amended by increasing revenue and expenditures in an amount equal to the amount of the Grant Funds awarded.
PASSED, APPROVED AND ADOPTED this 10TH DAY OF OCTOBER, 2024. _________________________
Eddie De La Riva, Mayor
ATTEST:
___________________________
Brian E. Juarez City Clerk
APPROVED AS TO FORM:
___________________________
Roxanne Diaz, City Attorney
I, Brian E. Juarez, City Clerk of the City of Maywood, do hereby certify that the foregoing Resolution No. 6387 was adopted at a special meeting of the City Council of the City of Maywood held on the 10TH day of October 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
Brian E. Juarez, City Clerk
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 2.
DATE: October 10, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: OKAN DEMIRCI, CITY ENGINEER
SUBJECT: CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT TO QUALITY FENCE CO., INC. FOR PUBLIC WORKS YARD FENCE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $116,905.00
RECOMMENDATION:
It is recommended that the City Council approve the plans and specifications for the Public Works Yard Fence Improvements Project and award a contract to Quality Fence Co., Inc. for a total amount of $116,905.00.
BACKGROUND:
The project includes the removal of the existing fence and gates at the public works yard and replace with new 8’ chain link fence and swing gate with barbed wire, and automatic sliding front gate with ¾” schedule 40 PVC conduit as more specifically described in the Contract Documents. This project includes the furnishing and installation of a card access system to be installed by JMG Security Systems. Contractor will coordinate with JMG for the installation of the access system and proximity reader. The proposed improvements will be completed within 40 working days.
On August 6, 2024, staff advertised Notice Inviting Bids (NIB) on the local newspaper in conformance with City of Maywood Municipal Code Section 3-7.04. Bids were due on August 21, 2024, at 2:00 p.m.
DISCUSSION:
On August 21, 2024, at 2:00 PM, a total of six (6) bids were received as shown below:
Contractor Name (from low to high cost) Bid Amount
Quality Fence Co., Inc. $116,905.00
Zeco, Inc. $121,084.43
TVR Construction Engineering, LLC $128,225.00
R. Dependable Construction, Inc. $133,875.00
Innovative Fence, Inc. $135,664.45
J & A Engineering Corporation $196,200.00
Staff conducted a bid analysis for the apparent 1st low bidder, Quality Fence Co., Inc., and verified CA contractor’s licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references. Based on the bid analysis, Quality Fence Co., Inc. was found to be the lowest responsive bidder.
Staff recommends City Council award a contract to Quality Fence Co., Inc. for a total amount of $116,905.00 and authorize the City Manager to execute the contract.
The proposed project is a project subject to CEQA. Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15302:
Replacement or reconstruction; (c) Replacement or reconstruction of existing utility and/or facilities involving negligible or no expansion of capacity.
LEGAL REVIEW:
City Attorney has reviewed this report.
FISCAL IMPACT:
The total estimated project cost of $154,315.00 will be funded in the amount of $154,315.00 of Local Fiscal Recovery (Fund 273) Funds in the FY 24/25 Capital Improvement Program.
Construction Contract $116,905.00
Contingency Budget allowance for unforeseen conditions as necessary (20%)
$23,381.00
Total Construction Budget $140,286.00
Construction management, inspection, materials testing/inspection (10% of construction budget)
$14,029.00
Project Total $154,315.00
ATTACHMENT(S)
1. PW Yard Fence Improvement Project - Contract, Bid, and Map Location
Attachment No. 1 –
Agreement with Quality Fence Co., Inc.
CONTRACT C-1
CONTRACT
CITY OF MAYWOOD CONTRACT FOR
PUBLIC WORKS YARD FENCE IMPROVEMENTS PROJECT
THIS CONTRACT (“Contract”) is made and entered this September 25, 2024 (“Effective Date”), by and between the CITY OF MAYWOOD, a California municipal corporation (“City”) and Quality Fence Co., Inc., a California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 382736; Class B, C-13, & C-23. Contractor’s DIR registration number is 1000003376.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Public Works Fence Improvements Project (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of One Hundred Sixteen Thousand Nine Hundred and Five dollars ($116,905.00) in accordance with the prices as submitted in the Bid.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. 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 Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the
CONTRACT C-2
provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF MAYWOOD
By:
Mayor
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:
By:
PAYMENT BOND (LABOR AND MATERIALS) LMB-1
Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Maywood (“City”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
Public Works Yard Fence Improvements Project
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
PAYMENT BOND (LABOR AND MATERIALS) LMB-2
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
PERFORMANCE BOND PB-1
Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Maywood (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
Public Works Yard Fence Improvements Project
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California
PERFORMANCE BOND PB-2
Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-1
WORKERS’ COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the City of Maywood (“City”) has required certain insurance to be provided by:
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:
1. This certificate is issued to:
City of Maywood
City Hall
_______________________________
______________, California ________
The insureds under such policy or policies are:
2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:
Policy Number Effective Date Expiration Date
By:
Its Authorized Representative
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-2
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-3
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 City at:
City Manager
City of Maywood
City Hall
_____________________________
______________, California _______
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
□ General Liability Endorsement □
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
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-4
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-5
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 City at:
City Manager
City of Maywood
City Hall
____________________________
___________, California _______
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
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
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-6
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), 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 Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-7
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 City at:
City Manager
City of Maywood
City Hall
_________________________________
_______________, California ________
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NUMBER AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-8
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Attachment No. 2 –
Quality Fence Co., Inc. Bid
Attachment No. 3 –
Project Location Map
PROJECT LOCATION MAP
MAYWOOD PUBILC WORKS YARD
5600 HELIOTROPE AVENUE, MAYWOOD CA 90270
MAYWOOD PUBLIC
WORKS YARD
N