CITY COUNCIL MEETING DATE: 09/15/2026
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consider awarding a Public Works Agreement to United Storm Water, Inc. for the installation of full stormwater capture system devices in City-owned catch basins.
RECOMMENDED COUNCIL ACTION:
(1) Award a Public Works Agreement (PWA) for the installation of 20 (Phase One) of the full stormwater capture system devices in City-owned catch basins to United Storm Water, Inc. in the amount of $56,020, with a contingency of 10% or $5,602, for a total amount of up to $61,622; and
(2) Authorize the Mayor and City Clerk to execute the PWA in a form approved by the City Attorney.
FISCAL IMPACT: The recommendation will result in a fiscal impact of up to $61,622, of which $120,000 is included in the approved Fiscal Year (FY) 2026- 27 Measure W Fund budget for the installation of 20 full stormwater capture system devices with the City’s Los Angeles Harbor watershed. VR
Amount Budgeted: $658,600 (All Measure W)
$120,000 (Project Budget)
Additional Appropriation: N/A
Account Number(s): 343-400-3130-5101
(Measure W – Storm Water Quality -
Professional/Technical) VR
ORIGINATED BY: Vanessa Hevener, Project Manager
REVIEWED BY: Susan Pan, P.E., Principal EngineerSP
David Copp, P.E., Interim Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. PWA with United Storm Water, Inc. (page A-1)
1 BACKGROUND
On April 7, 2015, the State Water Resources Control Board adopted an amendment to the Water Quality Control Plan for Ocean Waters of California (“Ocean Plan”) and an amendment to the Part 1 Trash Provision of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries. The two amendments are collectively referred to as the “Trash Amendments.” The main objectives of the Trash Amendments are to (1) provide statewide consistency for the Water Boards' regulatory approach, (2) protect aquatic life and benefit public health and (3) reduce environmental impacts associated with trash in State waters. The Trash Amendments apply to surface waters except for those where Total Maximum Daily Loads (TMDLs) for trash were in effect prior to adoption of the Trash Amendments.
The City of Rancho Palos Verdes drains into three watersheds: Santa Monica Bay, Machado Lake, and Los Angeles Harbor. The Trash Amendments only apply to the Los Angeles Harbor watershed because the other two watersheds have their own Trash TMDLs that were in effect prior to the adoption of the Trash Amendments, of which the City is compliant with.
To comply with the Trash Amendments for the Los Angeles Harbor watershed, the City is required to install, operate, and maintain full capture system (“FCS”) devices. The purpose of these devices is to capture trash of 5 millimeters or greater in size that enter catch basins located in defined priority land use (“PLU”) areas and prevent it from entering the storm drain system. PLUs are land uses that have shown to generate significant sources of trash and include all industrial, commercial, mixed-use, high-density residential, and public transportation station areas city-wide.
Staff identified a total of 38 catch basins within PLU areas within the City’s Los Angeles Harbor watershed that required installation of FCS devices. Of the 38 catch basins, 20 are City-owned, five (5) are County-owned, and 13 are privately-owned. Although the City does not own the 18 catch basins, the City remains responsible for installing FCS devices under the Trash Amendments, because its responsibility is tied to the City’s land uses generating the trash rather than catch basin ownership. The Trash Amendments require the City to install 100% of the total catch basins located in the PLU areas with full capture system devices by December 2, 2030.
Staff propose installing FCS devices in the 38 catch basins described above in two phases. The first phase would install FCS devices in 20 of the above-described Cityowned catch basins by October 30, 2026 (Phase One), followed by installing the remaining 18 FCS devices in the second phase by December 2, 2030 (Phase Two).
Because the City does not own the remaining 18 catch basins (Phase Two), installing those FCS devices may require additional time to implement including obtaining required permits. The City will report the progress of these efforts in the FY 2026-27 Watershed Annual Report to the Los Angeles Regional Water Resources Board which is due in December 2027.
2 DISCUSSION:
To accomplish constructing the first phase described above, and in accordance with Rancho Palos Verdes Municipal Code Chapter 2.44 of the City’s Purchasing Ordinance, Staff solicited construction bids on an informal bidding basis from five (5) contractors, of which four bids were received by the deadline of September 2, 2026 as shown in Table 1 below:
Table 1: Stormwater Catch Basin Full Capture Device Installation Project Bid Results Bidder Bid Amount
United Storm Water, Inc. $56,020
Geo 4 Services, Inc $88,675
Clarke Contracting Corporation $99,000
Colich & Sons, LP $112,000
The lowest apparent responsible and responsive bidder was United Storm Water, Inc. with a bid in the amount of $56,020. Staff evaluated the bid and found United Storm Water, Inc. to be a qualified firm. Table 2 shows a budget summary of the project.
Table 2: Project Budget Summary
Staff expect installation of Phase One of the full capture system devices to be completed by October 30, 2026, barring unforeseen circumstances.
Provisions are included in the bid documents to minimize disturbance to residents, traffic, parking, public facilities access and private property access. No street closures or detours are expected to be required during the installation of the FCS devices. 3 CONCLUSION:
Staff recommend the City Council award the attached PWA to United Storm Water, Inc. in the amount of $56,020 with a 10% contingency or $5,602 for a total amount of up to $61,622 to install 20 FCS devices as Phase One to comply with the Trash Amendments (Attachment A).
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration:
1. Do not award the Public Works Agreement and direct Staff to re-solicit construction bids.
2. Take other action, as deemed appropriate.
4 01203.0006/770637.1
PUBLIC WORKS AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
United Storm Water, Inc
for
Stormwater Catch Basin Full Capture Device Installation Project A-1
01203.0006/770637.1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
UNITED STORM WATER, INC.
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into on September 15, 2026 by and between the City of Rancho Palos Verdes, a California municipal corporation (“City”) and United Storm Water, Inc., a California corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this A-2
01203.0006/770637.1
Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Catch Basin Insert Project, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified A-3
A-4
01203.0006/770637.1
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided A-5
01203.0006/770637.1
either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
A-6
01203.0006/770637.1
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of A-7
01203.0006/770637.1
equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $56,020 (Fifty-Six Thousand Twenty Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the A-8
01203.0006/770637.1
attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this A-9
01203.0006/770637.1
reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding October 30, 2026 from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
A-10
01203.0006/770637.1
Daniel Perry, Jr. __________ Project Manager
(Name) (Title)
Dana De Guzman _________ Operations Manager
(Name) (Title)
Ramon Menjivar __________ Sales Manger
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Vanessa Hevener or such person as may be designated by the Director of Public Works. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
A-11
01203.0006/770637.1
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Additional Insurance as referenced in Section 5.2(a) below shall provide coverage for A-12
01203.0006/770637.1
both ongoing and completed operations, and shall provide for both a defense and indemnity of the City.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(e) Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form, or other form acceptable to the City, providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. (f) Builder’s risk insurance. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the City has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.
The named insureds shall be Contractor and City, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the City. The City will act as a fiduciary for all other interests in the Project.
A-13
01203.0006/770637.1
Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. (h) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
City shall be an additional insured on all subcontractor polices pursuant to this Section 5.1 and Section 5.2 below.
(i) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide additional insured endorsements to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Certificates of Insurance will not be acceptable. Endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current Endorsements and Declarations pages shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. In the event the City makes such a request, Contractor shall immediately provide the requested policies and provide any such Privacy Act release required by the City to Contractor’s insurers relative to policy information. (b) Duration of coverage. Unless a longer or shorter term is specified herein with respect to a specific type of insurance, Contractor shall procure and maintain for the duration of this Agreement all of the insurance required by this Agreement.. (c) Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, A-14
01203.0006/770637.1
officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.
(d) Primary/noncontributing. For insurance required by Section 5.1(a) and (b) coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall comply with the Proof of Insurance requirements of paragraph
5.2(a), and must contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (e) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(g) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(h) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(i) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
A-15
01203.0006/770637.1
(j) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. Commercial General Liability and Automobile policies shall contain a severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Contractor shall be responsible for immediately satisfying any deductible, retained limit or self-insured retention in order for the City to be afforded an immediate defense.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City’s failure to promptly tender defense directly to any insurer shall not be considered “voluntary” within the meaning of any insurer’s “voluntary payments” clause or similar provision.
No defense costs or indemnity obligation incurred by the City in any matter arising from or related to Contractor’s acts or omissions in the performance of this Agreement shall be considered “voluntary.”
A-16
01203.0006/770637.1
(q) Additional kinds of insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will upon tender of defense by the City, immediately defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith.
Contractor expressly waives any contention that an immediate defense obligation does not arise pursuant to any provision of the California Civil Code and/or Crawford v. Weathershield (2008) 44 Cal.4th 541, or its progeny.
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
A-17
01203.0006/770637.1
Contractor shall incorporate the provisions of this Section 5.3 in all indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the A-18
01203.0006/770637.1
Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
A-19
01203.0006/770637.1
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
A-20
01203.0006/770637.1
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Dispute Resolution. This contract is subject to the provisions 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 A-21
01203.0006/770637.1
certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
A-22
01203.0006/770637.1
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable, in addition to any liquidated damages pursuant to paragraph 5.2(b) above, for and shall pay to the City the sum of One Thousand Dollars ($1,000) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon fourteen (14) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
A-23
01203.0006/770637.1
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
A-24
01203.0006/770637.1
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
A-25
A-26
01203.0006/770637.1
this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
A-27
A-28
01203.0006/770637.1 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “Technical Provisions” and “Appendices” included in the bid documents for the project entitled Stormwater Catch Basin Full Capture Device Installation Project, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
In general, the work comprises but is not limited to furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary to install 20 full capture system devices or connector pipe screen (CPS) units in existing catch basins draining into Los Angeles Harbor, at various locations throughout the City, as more clearly described in the Contract Documents. This work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of work to be performed and materials to be furnished are approximate only, being given as a basis for the comparison of Bids. Actual quantities of work to be performed may vary at the discretion of the City’s Contract Officer.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:
A. Daily Report
B. Certified Payroll
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
A-29
01203.0006/770637.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
A-30
01203.0006/770637.1 D-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $56,020 as provided in Section
2.1 of this Agreement.
A-31
01203.0006/770637.1 D-2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule: within Prior to the Notice to Proceed, the Contractor must submit a project schedule for approval.
Installation of CPS Units Dates to Perform : Deadline Date 20 – City-owned 21 working days October 30, 2026
II. Contractor shall deliver the following tangible work products to the City by the following dates.
A. Daily Reports will be delivered to the City weekly. Daily Reports must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for.
B. Certified payroll will be delivered to the City biweekly. Certified payroll must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
A-32
01203.0006/770637.1 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as
follows:__________________________________________________; WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Executed on 20___.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) A-33
01203.0006/770637.1 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
A-34
01203.0006/770637.1
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as
follows:__________________________________________________; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
A-35
01203.0006/770637.1
Executed on , 20____.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
A-36
01203.0006/770637.1
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Rancho Palos Verdes
Project: _____________________________________________
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
A-37
01203.0006/770637.1
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
A-38
01203.0006/770637.1
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
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard A-39
01203.0006/770637.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO 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 .
(signatures on following page)
A-40
01203.0006/770637.1
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)
A-41
01203.0006/770637.1
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional 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 Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard A-42
01203.0006/770637.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO 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 .
(signatures on following page)
A-43
01203.0006/770637.1
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)
A-44
01203.0006/770637.1
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
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
A-45
01203.0006/770637.1
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
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 POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(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 .
A-46
01203.0006/770637.1
(signatures on following page)
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)
A-47
TP - 01
TECHNICAL PROVISIONS
A. GENERAL
Order of Work - Order of work shall conform to the provisions of Section 6-1, "Construction Schedule and Commencement of Work," of the Standard Specifications and these Special Provisions. The Contractor shall conduct his operations so as to cause minimum obstruction and inconvenience to traffic, schools and residences.
(a) Scheduling, Notifications and Posting: Within five (5) calendar days of notification that the City Council has awarded a construction Contract to Contractor, the Contractor shall prepare and submit a detailed work schedule meeting the following criteria to the Director of Public Works or his/her designated representative: The Notice to Proceed will not be issued until all contract documents and required bonds have been received and the schedule has been submitted in a substantially complete form. Any delays, including postponement of pre-construction conference prior to start of construction resulting from incomplete schedule submittal shall be cause for assignment of modified liquidated damages of $1,000 per day. The pre-construction conference shall not be considered viable without a work schedule.
Said schedule must show the dates of the expected start and completion of all the various bid items, including but not limited to field investigations, submission of shop drawings, submission of traffic control plans, ordering materials, catch basin cleaning, beginning of installation, installation schedule, restoration of disturbed existing improvements, the establishment of punch list items, and final inspection. The schedule shall be in the form of a Gant/Bar Chart and shall be based on the Critical Path. Both the Project Schedule and the identified Critical Path shall be in sufficient detail to show the chronological relationship of all activities of the project including, but not limited to, estimated starting and completion dates of various activities, scheduling of equipment, notifying and posting of parking and traffic control, and procurement of materials.
Such schedules shall be subject to the review and approval of the Director of Public Works or his/her authorized representative. No work shall take place until the Director of Public Works or his/her authorized representative and the Contractor have agreed to the schedule to be followed by the Contractor.
During the conference between the Contractor and the Director of Public Works or his/her authorized representative, the work schedule will be discussed and modified, if necessary, by mutual agreement. Should it become necessary for the City to temporarily delay the work schedule agreed upon during the scheduling conference, every effort will be made to permit a new work schedule at the time most convenient to the Contractor, thus permitting the project to proceed with the shortest intramural movement of the equipment within the project.
Except as otherwise specified, the Contractor shall submit requests for changes in the schedule in writing to the Director of Public Works or his/her authorized representative for approval at least 2 working days prior to the scheduled work on the affected streets. For each calendar day a revised schedule is delinquent, Fifty Dollars ($50.00) may be deducted from the pay estimates and the total contract price for the work.
The Contractor shall prepare a typewritten copy of the weekly schedule in a format acceptable to the Director of Public Works or his authorized representative. The City may then post these schedules on its web site and forward these schedules to the local cable station who may televise A-48
TP - 02
them in order to further notify the residents. The City will notify the Contractor of the exact format of the weekly schedule at the pre-construction conference. The Contractor shall submit these schedules at least 1 week prior to the occurrence of the work. The Contractor shall be responsible for preparing any modifications to these schedules.
The cost for furnishing the schedule and any related items for its completion shall be considered as included in the bid price paid for the various contract items of work, and no additional compensation will be made therefore.
The City of Rancho Palos Verdes strictly adheres to a policy whereby property owners are kept fully informed as to potential inconveniences caused by construction activities within the City.
Every effort is made to minimize these inconveniences. Toward this goal, the Contractor will be required to thoroughly schedule his work and to share that schedule with the property owners affected by the project. This is accomplished using door hangers and on-street posting placed 48 hours prior to the planned activity which may cause an inconvenience at that particular location.
In order to avoid unnecessary problems through the construction period, it is mandatory that a detailed schedule be prepared which addresses all of the known controls which must be scheduled around. The following list of controls shall be incorporated into the schedule prepared by the Contractor:
♦ Work shall be scheduled by street segment or block, intersection to intersection, such that construction for each segment, together with the construction on adjacent streets scheduled for the same day, provides on-street parking within 500 feet of each residence.
♦ Access to each drive shall be available unless the property owner has been properly notified and commandment of work coordinated with the property owner. Contractor shall provide written copies of all communication, to the Director of Public Works or his/her designated representative, with a property owner when he/she coordinates his/her work which affects a property owners driveway access. ♦ Parking restrictions will be allowed only when interfering work is actually underway on any street.
♦ Trash pickup is scheduled weekly for the streets within the project. The Contractor may attempt to coordinate with the trash hauler for early trash pickup to accommodate the schedule. If early trash pickup is agreed upon, Contractor shall notify residents by door hanger two days prior to scheduled pickup day. Contractor shall provide a written notice to the Engineer that coordination with the trash hauler has been achieved. A map of streets with scheduled trash pickup days is included in the Appendix V. ♦ Rescheduling shall be avoided if at all possible. Any rescheduling will require the approval of the Engineer.
♦ Street sweeping is scheduled twice a month. A map of streets with scheduled street sweeping days is included in the Appendix IV.
♦ Construction activities for which notification has been made, and have not been completed, will require a second posting and shall not commence until 48 hours after the door hangers have been distributed.
A-49
TP - 03
♦ Work shall be completed in each area prior to commencing work in another area unless approved in writing by the Director of Public Works or his/her designated representative.
Schedule Content
The following items shall be shown in the final schedule:
Street posting (No Parking) (48 hours prior to any construction activities in the street)
Prior to Catch Basin Cleaning
Street posting (No Parking) (48 hours prior to any construction and door hanger activities in the street)
Prior to the CPS Installation
The Contractor shall distribute to each residence and business with drive access from streets on which work is to be performed a written notice (door hanger), to be submitted to and approved by the Engineer, a minimum of 48 hours prior to commencing any construction activity that will affect access or restrict on-street parking adjacent to that property. For apartment buildings, condominium, or townhouse, the Contractor shall notice each individual unit within the complex.
The Contractor shall contact the property manager to gain access. The Contractor shall post streets scheduled for Monday or Tuesday on the prior Thursday. The notice shall state the type of work and the approximate time the work is anticipated. All notices shall include the Contractor's telephone number to address questions. If for any reason the scheduled construction for a particular street must be revised, the street in question shall be completed as a first item of work on the rescheduled date. The Contractor shall be responsible for re-notification of all affected property owners. The Contractor shall submit a sample door hanger to the City, for approval, prior to any posting.
(b) Encroachment Permit & Traffic Management: Prior to construction, the Contractor shall apply for a no cost Encroachment Permit for work performed within the Public Right of Way, submit to the Director of Public Works for approval, a traffic management plan. This plan shall comply with the requirements of these Special Provisions, including Section A 9 (a) on page SP4.
The Contractor shall furnish at his expense and with no extra cost to the City such flagmen and guards as are necessary to give adequate warning to the public that roadway work is underway and of any dangerous conditions. Flagmen shall perform their duties and be provided with equipment in accordance with current "Instructions to Flagmen" of the State of California, Division of Highways. The equipment shall be furnished, kept clean and in good repair by the Contractor at his own expense.
The Contractor shall furnish, erect, maintain and regularly inspect barricades, lights, signs and other devices as are necessary to prevent accidents and avoid damage or injury to the public.
These devices shall conform to the requirements set forth in the current "Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways," issued by the State of California, Department of Transportation. Any painted graffiti, vandalized, or otherwise damaged signs or equipment shall be immediately replaced.
A-50
TP - 04
Prior to commencing construction, the Contractor shall notify the police and fire departments giving the expected starting date, the name and telephone number of a responsible person that is to be contacted, at any hour, in the event of a condition requiring immediate correction.
Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures, the Director of Public Works may direct the Contractor's attention to the existence of such hazards. The Contractor shall provide all necessary warning and protective measures immediately, at his expense. Whether the Director of Public Works points out the inadequacy of warning and protective measures or not, such action, or lack of action, on the part of the Director of Public Works shall not relieve the Contractor from the responsibility for public safety or abrogate his obligation to furnish and pay for safety measures and devices. If attention is directed to the existence of a hazard, and the Contractor fails to provide an appropriate remedy, any expense incurred by the City for furnishing or maintaining safety measures and devices may be deducted from the pay estimates and the total contract price for the work.
Full compensation for complying with the work contained in this section shall be included in the various bid items, and no additional compensation will be allowed therefore. 2- PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
General: Except as may otherwise be provided in specific instances, nothing in the Contract shall be constructed as vesting in the Contractor any property right in any material, article or structure existing at the time of award of Contract within the area in which the work is to be done; or in any material or article subsequently furnished for the work by the Contractor after having been accounted for on an approved estimate supporting the Contractor's demand for payment as provided in Section 9. In the latter event any such material, article, structure or work shall become the property of the agency after being so accounted for.
The Contractor shall maintain all existing roadside mailboxes and signs including, but not limited to directional, warning, advisory, regulatory, bus stop, and street markers, in an erect and functional position and conditional all times during the construction period in temporary locations as designated by the Director of Public Works. Any of these facilities which are damaged or lost shall be replaced by the Contractor at no cost to the Agency.
Contractor shall submit video documentation with a log of existing damages prior to commencing with work. Should a resident claim existing improvements were damaged by construction, and Contractor did not confirm status per above, Contractor shall restore existing improvements at no cost to the City.
When an interfering portion of a privately owned sprinkler system is removed, heads and other salvageable material shall be carefully removed and placed on the adjacent property. Any of the materials not wanted by the owner shall be removed from the site by the Contractor. Removal, repair, or capping shall be as directed by the Director of Public Works. Protection and restoration of existing improvements shall be considered part of the various items of work and no separate compensation will be allowed therefore.
Contractor shall confirm operational status of all affected irrigation with inspector and resident prior to commencing work. Should resident claim their system was damaged by construction, and Contractor did not confirm status per above, Contractor shall restore system to operation at his own cost.
A-51
TP - 05
Dust Control: In addition to the requirements under paragraph E.20 “Dust Control” of the General Provisions, Contractor shall be required to clean up all dust, dirt and debris at the work site and to prevent damage to private property as a result of dust or airborne debris to the satisfaction of the Director of Public Works, or his/her appointee. If Contractor fails to protect private property from damage due to dust or airborne debris, Contractor shall be responsible to pay for all damages and clean up as determined by the Director of Public Works or his/her appointee. Costs of clean up and repair of damages shall be determined on a case by case basis by the Director of Public Works or his/her appointee.
3 - EXISITING CONDITIONS DOCUMENTATION
The contractor shall be responsible for documenting existing conditions of job site prior to beginning any construction activities. This documentation shall be accomplished by use of a digital video recorder. During recording the contractor shall video all improvements on public and private property. This activity shall be performed at the Contractor’s expense, with no compensation therefore.
4 - CLEANING OF EXISTING CATCH BASINS
(a) The Contractor shall furnish all materials, equipment, tools and labor to cleanout (i.e. remove and dispose of all debris from within and around) all catch basins in which retrofit devices will be installed under this Contract to the maintenance standards specified in this subsection. Cleanout shall also include the catch basin connector pipe openings and the first 6 feet thereof. The catch basin shall be clean at the time of the installation of the retrofit device. Any trash and debris that accumulated between the dates the catch basin is cleaned and the date the device will be installed shall be removed prior to the installation of the device at the Contractor’s expense. Before leaving a catch basin, the Contractor shall thoroughly clean all debris from the manhole frame and cover. (b) Removal and Reinstallation of Catch Basin Manhole Covers. The Contractor shall remove the existing manhole cover as required to access the inside of the catch basin and shall reinstall the existing catch basin manhole cover whenever the catch basin is left unattended.
The Contractor's attention is directed to the possibility that the catch basin cover screws may be frozen (e.g. rusted in place). It shall be the Contractor's responsibility to remove these frozen cover screws. If during their removal the catch basin covers or screws should become damaged, it shall be the Contractor's responsibility to replace them in accordance with the applicable standard plan and to redrill and tap new holes, if necessary. If heat is used to facilitate removal of frozen cover screws, the screws must be checked the following workday to verify that they have not refrozen. When replacing the catch basin covers, the Contractor shall grease all catch basin cover screws with a high temperature thread lubricant and seal grease (Jet-Lube by Koper-Kote or equal). Screws or bolts that are missing or cannot be reused shall be replaced with new ones meeting the requirements specified in the applicable standard plans as directed by the Engineer. Any necessary replacement of the screws or bolts, redrilling and tapping of new holes, and the lubrication of all catch basin cover screws will be completed under the Bid Item for "REPAIR CATCH BASIN (ALLOWANCE OF $20,000)."
A-52
TP - 06
(c) Maintenance Conditions and Maintenance Standards. Following are deficiencies in maintenance conditions and their corresponding maintenance standards which shall apply to this Contract. The cleanout of each catch basin shall meet the maintenance standards listed as follows:
Trash and debris shall include, but is not limited to, mud, vegetation, and garbage.
Upon completion of a cleanout operation at a catch basin and before leaving it, the Contractor shall sweep the top surface of each catch basin and the area 2 feet around the basin, and shall remove any trash and debris resulting from the cleanout operations. Under no circumstances shall debris be allowed to be left at a catch basin, or at the work site for future pick-up. (d) Method of Removal. All trash and debris required to be removed from the catch basins shall be removed in a manner to be determined by a Contractor. The Contractor shall not allow any trash or debris to enter the connector pipe or main line as a result of the cleanout operations.
(e) Debris Disposal. All trash and debris removed under this Contract shall become the property of the Contractor and shall be legally disposed of away from the basin sites. The Contractor is responsible for proper disposal of the trash and debris, including obtaining approvals from the jurisdictional agencies, as applicable. The contractor shall contact LA County Animal Care and Control for pickup and disposal of dead animals. However, the Contractor shall be responsible for removing any dead animal from inside a catch basin.
The Contractor shall also be responsible for contacting and coordinating with Animal Care and Control; a list of Animal Care and Control offices may be obtained at http://animalcare.lacounty.gov/locationByCity/asp.
Prior to the start of the Work, the Contractor shall identify his intended disposal sites and submit to the Engineer. In addition, the Contractor shall furnish to the Engineer at the end of each week the original or copies of all invoices or billings for the disposal of debris. The Contractor is responsible for reporting to the disposal facility, as accurately as practical, the jurisdictional percentage of the debris being disposed. These invoices must indicate the weights or volume of debris disposed.
Description of Maintenance Condition Deficiency Description of Maintenance Standard
1 Trash and debris located immediately in front of
curb opening or side opening of catch basin,
and on top or between metal grates of grated
catch basin
No trash and debris
located immediately in
front of catch basin
opening, and on top or
between metal grates
2 Vegetation growing across and/or locking the
basin opening
No vegetation blocking
catch basin opening
3 Trash and debris in the basin No trash and debris in the basin
4 Trash and debris in the connector pipe opening,
upstream or downstream
No trash and debris in
connector pipe opening
and/or in the connector
pipe for a distance of 6 feet
from the opening.
A-53
TP - 07
Vehicles used by the Contractor to transport debris to approved dump sites shall be so equipped that spillage does not occur. Covering of the load shall be required to prevent the debris from being blown off the transport vehicle. Vehicles and personnel operating these vehicles that do not comply with this requirement may be ordered removed from the Project and shall not be used again.
(f) Payment. Full Compensation for furnishing all labor, equipment and materials for the cleanout and disposal of trash and debris from catch basins, including dump fees, shall be considered as included in the Contract Unit Price for "CLEANOUT EXISTING CATCH BASIN." Bidders are advised that the quantity of debris located within each catch basin is unknown and, therefore, should be taken into consideration when preparing the Bid. 5 - CERTIFIED FULL CAPTURE PIPE SCREENS
(a) General. The work specified in this subsection includes the furnishing and installation of Certified Full Capture Connector Pipe Screens (CPS) described herein, into existing catch basins. These devices are intended to reduce the amount of trash entering the storm drain system through the catch basins.
(b) Manufacturer’s Warranty. All devices included in the Special Provisions shall be covered by a three (3) year manufacturer’s warranty, starting on the date of acceptance of the Project by the Agency. The warranty shall cover the devices against corrosion, excessive wearing of moving parts, structural deficiency and operational malfunction. The manufacturer shall provide, at no cost to the City of Rancho Palos Verdes, all labor, material and equipment required to repair or replace the devices during the warranty period, including but not limited to calibration and adjustment of moving parts to ensure the device operates properly. There shall be no limit to the number of repairs or replacements required during the warranty period to ensure that the devices operate properly. All work requested by the Agency during the manufacturer's warranty period shall be completed within three weeks. (c) The Contractor shall inspect each catch basin included in this Contract for unsound conditions such as but not limited to: a) exterior damage, b) bent or missing protection bars, c) damaged manholes, d) damaged face plate, e) other physical damage, f) cemented materials that have been dumped on or into the basin, and cannot be removed by normal cleanout operations, g) catch basins requiring protection bars per SPPWC Standard Plan 310. Since these types of conditions may interfere with the installation of retrofit devices, a list of catch basins with such unsound conditions shall be submitted to the Engineer. The Engineer may direct the Contractor to make repairs to some catch basins before proceeding with any work. These repairs, as directed by the Engineer, will be completed under the Allowance for "REPAIR CATCH BASIN (ALLOWANCE OF $20,000)." The list shall also identify catch basins that, based on inspection, the Contractor determines are not suited for the type of device listed in the Catch Basin Retrofit Table, included in the Project Plans. Upon receipt of this information, the Engineer will substitute an appropriate device or a catch basin at a different location.
Any subsequently disclosed damage to a catch basin not included in the list submitted by the Contractor will be assumed to be the result of the Contractor's cleanout or installation operations and shall be corrected at the Contractor's expense.
A-54
TP - 08
(d) Preliminary Measurement. The Contractor shall take detailed measurements of each catch basin for the proper fabrication of the devices. Improper fabrication of devices due to errors in the Contractor’s measurements shall be corrected at its own expense.
The Contractor shall submit written records of its measurements to the Engineer. The Contractor shall identify in the measurement records catch basins that, based on actual measurements are not suited for the type(s) of device(s) listed in the Special Provisions. Upon receipt of this information, the Contractor’s engineer will substitute an appropriate device, substitute a catch basin at a different location, or remove the catch basin from the contract.
(e) The Contractor shall document the work performed at each catch basin by taking digital photographs that clearly show the interior and exterior of each catch basin a) before and b) after the Work to be performed. Photographs shall be submitted to the Engineer at the end of each month for basins completed. The photographs shall meet following requirements:
1) Minimum photographic resolution of 2 megapixels (1600 x 1200 pixels) 2) The file format of each photo shall be JPEG.
3) The digital files shall be named according to the following syntax:
“XXXXXXX_INT/EXT_BEFORE/AFTER.JPG”, where:
a. XXXXXXX is the 7-digit County Catch Basin ID number
b. INT or EXT to indicate interior photograph or exterior photograph c. BEFORE or AFTER to indicate before or after construction 4) Each photo shall include a sign in the photo (e.g. whiteboard or chalkboard) that clearly shows the 7-digit County Catch Basin ID number. 5) The Contractor shall submit three sets of photographs on CD-ROMs or USB flash drives.
Full compensation for photographic documentation of the Work, including all labor, materials and equipment shall be paid under the lump sum in the Bid for "PHOTOGRAPHIC DOCUMENTATION OF THE WORK."
(f) Submittals. Prior to initiating fabrication of any ARS or CPS units, the Contractor shall submit shop drawings, catalog cuts, and other information required which completely describes the ARS and CPS units to be installed under this Contract. The following information shall be included in this submittal for each type of unit:
1) Detailed shop drawings and descriptions of all components of the unit, showing all dimensions, materials used, connection details, assembly details, and mounting details.
(g) Design. The Contractor shall provide:
1. Shop drawings for each catch basin and material specifications for approval by the City of Rancho Palos Verdes and other stakeholders prior to fabrication of the CPS.
2. LA Regional Water Quality Board Certified Full Capture CPS complete with all structures and hardware required for installation and operation. Placement in County owned catch basins may need to be further reviewed and approved by the Los Angeles County Department of Public Works, Flood Maintenance Division. Permits, plans, and permit fees are the responsibility of the Contractor.
A-55
TP - 09
3. Product training, operations and maintenance manuals.
4. Field engineering support before, during and after installation.
6. An initial operation and maintenance training session with designated personnel.
7. Include spare and replacement parts for all disposable parts and parts with scheduled replacement for a period of three years.
8. Prior to completion of the project and release of retention, Contractor shall provide a warranty bond on parts used in the construction of the catch basin screen systems for a minimum of three years including the labor that is necessary to repair defective catch basin screen systems for a minimum of three years.
9. Provide assistance during routine maintenance to ensure safe and smooth trash removal.
(h) Removal. Contractors must remove their respective units at the Contractors cost at the sole discretion of the Director of Public Works or his/her designated representative if unsafe conditions develop due to faulty or poor installation or manufacturing, or if structural failure, maintenance difficulties or poor performance develop. (i) Vectors. CPSs must be designed and installed in manners to minimize the development of vectors. CPS devices must not contribute to ponding of water in the catch basin.
(j) Submittals. Prior to initiating fabrication of any CPS units, the Contractor shall submit shop drawings, catalog cuts, design calculations and other information required which completely describes the CPS units to be installed under this Contract. The following information shall be included in this submittal for each type of unit:
1. Detailed shop drawings and descriptions of all components of the unit, showing all dimensions, materials used, connection details, assembly details, and mounting details.
2. Structural calculations showing capacity of screen and frame to resist all anticipated hydraulic and debris loads without excessive deflection. Excessive deflection is defined as any deflection that causes or allows any of the following:
i. reduction in hydraulic capacity of the intake of the connector pipe, or ii. spilling of trapped debris, or
iii. diminished performance from that required by these Special Provisions or iv. permanent deformation of the screen or frame from its initially installed configuration.
3. Samples of assembly hardware including hardware for removable screens
4. A twelve inch by twelve-inch (12”x12”) sample of screen material.
5. Installation details and instructions.
A-56
TP - 010
6. Warranty information, including contact information for replacement parts.
7. Performance and test data, including a list of existing installations with a contact person from the owner of the facility in which each unit is installed and the date of the installation.
8. Recommended cleaning and maintenance schedule and procedures to maintain the proper functioning of the unit, including replacement schedule of parts for the entire unit.
6 - CPS DESIGN AND PERFORMANCE REQUIREMENTS
(a) The CPS prevents trash and debris from entering the storm drain system during dry weather and moderate storm flows by keeping the trash and debris inside the catch basin. (b) The CPS shall be designed to retain all trash larger than 5 mm (0. 197 inches) inside the catch basin, and shall comply with the following items.
1. The CPS shall be fabricated and installed conforming to the configurations shown in Appendix I.
2. The CPS shall not interfere with the operation of the existing or replacement ARS.
3. The CPS unit shall have a sufficient structural integrity to withstand a lateral force of standing water (62.4 lb/ft3) within the catch basin area when the screen becomes 100% clogged. The CPS unit shall be bolted to the catch basin walls.
4. The CPS shall be configured with deflector plates or screens preventing trash from falling between the screen and connector pipe. The deflector plate shall be designed to withstand a vertical load of 10 lbs per square foot.
5. The gap at the bottom, sides, and joints of the CPS unit shall not exceed 5mm (0.197 inches).
6. The perimeter of the CPS shall include a structural frame for stiffness, a bolting surface to fasten the CPS to the wall of the catch basin, and support for the upper portion of the CPS unit referred to as the “bypass” (see Appendix I).
7. All parts/components of the CPS unit must be sized to fit through the catch basin’s manhole opening.
8. When the CPS unit encroaches more than 4 inches into the manhole opening, the Contractor shall install a Removable CPS unit. The Removable CPS unit shall be designed and installed with a removable panel allowing access into the catch basin. The removable panel shall be easily disengaged from the rest of CPS assembly upon entry or from the outside of the catch basin. The Contractor shall submit shop drawings for review and approval of the Agency.
9. It is the responsibility of the Contractor to field verify the location and dimensions of these basins.
10. The CPS frame shall be manufactured/fabricated from S-304 stainless steel, or an Agency approved equal stainless steel alloy. The Structural members shall have A-57
TP - 011
a minimum thickness of 3/16 inches.
11. The CPS screen shall be manufactured/fabricated from perforated metal of Type S-304 stainless steel, or an Agency approved equal stainless steel alloy. The screen shall have a minimum thickness of fourteen (14) gauge (0.0781 inches) The geometrical opening shape shall have a diameter of 5mm (0.197 inches).
12. The screen material used shall have at least 45% open area.
13. Any edge of the CPS that is not flush with the wall or floor of the catch basin shall be smooth with no prongs or jagged edges.
14. The assembly bolts, screws, nuts, and washers shall be fabricated entirely from S-316 stainless steel. The concrete anchor bolts shall use a Red Head Multi-Set II drop-in anchor, SSRM-38, with Type 316 stainless steel threaded rods, nuts and washers, or Agency approved equal.
(c) Acceptable CPS units have been manufactured by the following or equivalent:
1. American Storm Water Inc.
2. Camlock G2 Construction Inc.
3. Hydra TMDL Systems Inc.
4. Orange Precision Metal Fabrication
5. United Storm Water Inc.
Bidders are advised that the listing of devices by name in these Special Provisions does not exclude the device from meeting all requirements of these Special Provisions. There shall be no exceptions for this requirement. The City of Rancho Palos Verdes, at its sole discretion, may require prototype testing for listed units if the units vary in design from previously tested models.
(d) Materials and Fabrication. The CPS shall meet the following requirements:
1. The CPS frame shall be manufactured/fabricated from S-304 stainless steel, or an Agency approved equal stainless steel alloy. The Structural members shall have a minimum thickness of 3/16 inches. The frame shall be structurally designed to fully support the screen and to resist without appreciable deflection all hydraulic loads, including pressure differential due to debris loads, for all flow conditions up to and including full inundation of the catch basin.
2. The CPS screen shall be manufactured/fabricated from perforated metal of Type 304 stainless steel, or an Agency approved equal stainless steel alloy. The screen shall have a minimum thickness of fourteen (14) gauge (0.0781 inches). The geometrical opening shape shall have a diameter of 5mm (0.0197 inches).
3. The screen material used shall have at least 45% open area. The top of the screen shall be open to allow for overflow without debris clogging. If necessary, a deflection plate shall be added above the opening to deflect inflows from the curb opening to the upstream side of the screen.
A-58
TP - 012
4. Any edge of the CPS that is not flush with the wall or floor with the catch basin shall be smooth with no prongs or jagged edges.
5. The assembly bolts, screws, nuts, and washers shall be fabricated entirely from S316 stainless steel. The concrete anchors shall be RED HEAD MULTI-SET II dropin type, SSRM-38, with Type 316 stainless steel threaded rods, nuts, and washers, or approved equal.
7 - STAFF GAUGE
The contractor shall paint a staff gauge and level indicators per of Appendix I. The staff gauge shall be located such that it is visible through the curb opening or grating of the catch basin.
Payment for staff gauge shall be considered appurtenant work and included in the various bid items. No additional compensations shall be made therefore. 8 - PROVIDE SIGNAGE
(a) Contractor shall provide signage per Engineer’s approval and place signs at each location while work is taking place. Signs shall be placed in a location visible to the public and approved by the project inspector. Signs shall be placed on a type 2 barricade. The language and design of the 3-foot by 3-foot sign to be provided is in Appendix III. The signs purchased for this project shall be given to the City at completion of project. (b) Payment for signage shall be considered appurtenant work and included in the various bid items. No additional compensations shall be made therefore. 9 - PERMITTING
(a) Catch basins confirmed to be owned by the Los Angeles County Flood Control District (LACFCD) are subject to requirements of that agency’s flood permit prior to installation of a CPS screen. The quantity of such catch basins to be retrofitted with a CPS will be determined after bids are opened and prior to Notice to Proceed.
(b) The Bid Sheets contains a line item identified as LACFCD PERMITTING for costs associated with making application and obtaining a flood permit from LACFCD. Bids for this line item shall be made on a unit price basis, per catch basin, and include all compensation for this item of work and all appurtenant work, including but not limited to engineering, fees, materials, labor, equipment and incidentals. (c) All other permitting that may be required (e.g. encroachment permits) shall be the responsibility of the Contractor. All compensation for such other permitting shall be considered included in the bid item for “Furnish and Install Certified Full Capture Connector Pipe Screen in Existing Catch Basin”, and no additional compensation shall be made therefore.
A-59
Exhibit D-1
APPENDIX I:
CPS CONFIGURATION STANDARDS
A-60
CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of the bid:
____ Completed and Signed Proposal
____ Completed and Signed Bid Sheets
____ Completed Information Required of Bidders Form
____ Completed References Sheet(s)
____ Executed Statement Acknowledging Penal and Civil Penalties Concerning the Contractor’s Licensing Law
____ Attached Resume of General Construction Superintendent or on-site Construction Manager for the Contractor
____ Completed Designation of Subcontractors Form
____ Completed and Signed Contractor’s Industrial Safety Record ____ Completed, Signed and Notarized Bid Bond or Other Security ____ Signed and Notarized Non-Collusion Declaration
____ Completed and Signed Acknowledgement of Addenda
____ Completed Bidder Statistical Information Form
____ All Addenda (if applicable)
Failure of the Bidder to provide all required information in a complete and accurate manner may be considered non-responsive.
A-61
P - 1
PROPOSAL
CITY OF RANCHO PALOS VERDES
STORMWATER CATCH BASIN FULL CAPTURE DEVICE INSTALLATION PROJECT TO THE DIRECTOR OF PUBLIC WORKS, 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 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.
Accompanying this proposal is _______________ (Insert) “$_______________ “cash,” “Cashier’s Check,” “certified check,” or “Bid Bond,” as the case may be) in the amount equal to at least ten percent (10%) of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Schedule.
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 bonds and documents, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void.
The undersigned certifies to have a minimum of five (5) consecutive years of current experience in the type of Work related to this Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work and further certifies to have been so licensed for the five (5) years immediately preceding the date of receipt of Bids. The undersigned possesses California Contractor’s License Number ____________, Class _____, which expires on ___________________.
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 A-62
P - 2
and the corporate seal are required for corporations.
Legal Business Name:
Address:
Telephone:
Contact:
Proposals which do not show the Contractor’s License Number and expiration date of the Bidder’s License under the provisions of Chapter 9 of Division 3 of the Business & Professional Code will be rejected.
Bid Date
This information must include all construction work undertaken in the State of California by the bidder and partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporate or individual bidder. 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.
A-63
P - 3
CITY OF RANCHO PALOS VERDES
BID SHEET
STORMWATER CATCH BASIN FULL CAPTURE DEVISE
INSTALLATION PROJECT
Bidder’s Name:_________________________________________________________ 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 STORMWATER CATCH BASIN FULL CAPTURE DEVICE ISNTALLATION PROJECT in accordance with the specifications and plans for demolition, construction and installation 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:
LUMP SUM ITEMS SHALL INCLUDE FURNISHING AND INSTALLING ALL COMPONENTS
STIPULATED WITHIN THE CONTRACT DOCUMENTS, NECESSARY INCIDENTALS, AND
ALL OTHER LABOR AND EQUIPMENT NECESSARY TO FACILITATE PROVIDING SAID COMPONENTS. NO ADDITIONAL PAYMENTS WILL BE MADE.
The quantities reflected on the plans and in the bid-sheets are representative of the amount of work for each item on the project but are not final quantities to be used for computing payment.
Payment will be based on the measurement of actual work completed. The contractor must notify in writing to the project manager of all discrepancies between actual bid quantities and those shown in the bid document prior to commencement of work in any area of the project.
A-64
P - 4
BID SCHEDULE
ITEM
NO. DESCRIPTION ESTIMATED QUANTITY UNIT PRICE UNIT EXTENDED AMOUNT 1 Pre-Construction Cleaning of Catch Basin and
Legal Disposal of Debris 20 EACH
2 Furnish and Install Certified Full Capture Connector
Pipe Screen in Existing Catch Basin 20 LS
3 Repair Catch Basin (Allowance of $20,000) 1 Allowance 4 Provide Warranty Bond as Required 1 LS
TOTAL BASE BID SCHEDULE IN NUMBERS: $____________________ TOTAL BASE BID SCHEDULE IN WORDS: ____________________________________ The contract shall be awarded to the lowest responsible bidder based on the TOTAL BASE BID.
Note: Some items may be adjusted or deleted. Any changes to the quantities for these items shall not classify as a substantial change as stipulated in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual amount (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities, and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.
The Contract shall be awarded to the lowest responsible Bidder based on the total Bid price. This proposal shall include provision for at-risk youth employment per specification and grant requirements.
INFORMATION REQUIRED OF BIDDER
Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder’s name:
(2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement.
______________________________________________________________________ (3) Business address:
A-65
P - 5
(4) Telephone: Facsimile:
(5) Type of firm - Individual, Partnership, LLC or Corporation:
(6) Corporation organized under the laws of the state of:
(7) California State Contractor’s License Number and Class:
(8) DIR Contractor Registration Number:
(9) List the name and title of the person(s) who inspected the site of the proposed Work for your firm:
(10) Number of years’ experience the company has as a contractor in construction work:
(11) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Proposal:
List at least three similar projects completed as of recent date:
Contract
Amount
Class of
Work
Date
Completed
Name, Address of Owner, &
Telephone No.
(12) NOTE: Upon request of the CITY, the bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other information. (13) “Bidder shall be properly licensed at the time of bid submission or the bid shall be considered non-responsive and shall be rejected.”
A-66
P - 6
REFERENCES
For all public agency projects in excess of $300,000 you are currently working on or have worked on in the past five (5) years, provide the following information:
Project 1 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ____________ ___ _ Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 2 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: _________ _____ __ Agency Name: _ _____
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
A-67
P - 7
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 3 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ___ _____________ Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
A-68
P - 8
Project 4 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________ ________ Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 5 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: _________ _______ Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
A-69
P - 9
Did you file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 6 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________ ________ Agency Name: ______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
A-70
P - 10
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS’ LICENSING LAWS
[Business & Professions Code 7028.15]
[Public Contract Code 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor’s license as set forth below:
Business & Professions Code 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases:
(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now ‘ 20103.5] of the Public Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractor to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality A-71
P - 11
of such citations shall be subject to Sections 7028.7 to 7028.13 inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.
Public Contract Code 20103.5:
In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractor’s State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractor’s State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.
License No.:
Class:
Expiration Date:
Date:
Signature:
A-72
P - 12
RESUME(S)
Attach to this Bid the experience resume of the person(s) who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor.
A-73
P - 13
DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the 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 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 percent (0.5%) of the 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 percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.
Name under which
Subcontractor is Licensed
and Registered
California
Contractor’s License
Number(s) and
Class(es)
California DIR
Contractor
Registration
Number
Address and Phone Number Type of Work
(e.g., Electrical)
Percentage
of Total Bid
(e.g., 10%)1
1 The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).
A-74
P - 14
Contractor’s INDUSTRIAL SAFETY RECORD FORM
Bidder’s Name _______________________________________
Current
Year of
Record
2025 2024 2023 2022 2021 Total
Number of contracts
Total dollar amount of
contracts (in thousands of
dollars)
Number of fatalities
Number of lost workday cases
Number of lost workday cases
involving permanent transfer to
another job or termination of
employment
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records.
Signature:
Title:
Signature:
Title:
A-75
P - 15
Date: Date:
A-76
P - 16
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the (“Public
Agency”), has issued an invitation for bids for the work described as follows:
CATCH BASIN INSERT PROJECT
WHEREAS
(Name and address of Bidder)
(“Principal”), desires to submit a bid to Public Agency for the work.
WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder’s security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys’ fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code 2845.
IN WITNESS WHEREOF, this instrument has 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 A-77
P - 17
duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its:
By:
Its:
“Surety”
By:
Its:
By:
Its:
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
A-78
P - 18
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code § 7106]
State of California )
County of ____________ ) ss.
City of _______________ )
The undersigned declares:
I am the ___________________ of ___________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true.
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, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________[date], at _________________________________[city], _____________________[state].
Signature ________________________________
Subscribed and sworn to before me on ________________________________. (Date)
(Notary Seal) Signature ________________________________ Notary Public
A-79
P - 19
ACKNOWLEDGMENT OF ADDENDA
Bidder’s Name: ____________________________________
The Bidder shall signify receipt of all Addenda here, if any:
Addendum Number Date Received Signature
If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda.
Signature:
Title:
Date:
A-80
P - 20
This form shall be submitted with the Bid
A-81
Exhibit D-2
A-82
Exhibit D-3
A-83
Exhibit D-4
A-84
Exhibit D-5
A-85
Exhibit D-6
A-86
Exhibit D-7
A-87
Exhibit D-8
A-88
Exhibit D-9
A-89
Exhibit D-10
APPENDIX II:
CATCH BASIN SCHEDULE AND MAP LOCATION
A-90
FID ST_ID LATITUDE LONGITUDE TRASH LAND_USE_1 PLU OWNER COUNTY_ID STREET CROSS_STRE 274 CB0152 33.75779 -118.311904 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 0 S Western Ave Caddington Dr 251 CB0012 33.751979 -118.308828 Statewide Trash Provisions Commercial Yes Rancho Palos V 0 S Western Ave W Park Western Dr 654 33.74737 -118.309699 Statewide Trash Provisions Commercial Yes Rancho Palos V 1654025 S Western Ave W Summerland Ave 658 33.759262 -118.313333 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 1653137 Vista Tierra Vista Madera 670 33.759718 -118.311742 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 1653142 Thistlewood Way W Toscanini Dr 671 33.759822 -118.311653 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 1653144 Thistlewood Way W Toscanini Dr 675 33.759745 -118.311646 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 1653143 Thistlewood Way W Toscanini Dr 701 33.759298 -118.313201 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 1653138 Vista Tierra Vista Madera 709 33.75906 -118.314245 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 1653135 Vista Madera Vista Tierra 720 33.759813 -118.311759 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 1653141 Thistlewood Way W Toscanini Dr 743 33.759847 -118.31181 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 1653140 W Toscanini Dr Thistlewood Way 771 33.760008 -118.31153 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 1653145 W Toscanini Dr Thistlewood Way 773 33.759222 -118.314316 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 1653136 Vista Madera Vista Tierra 252 CB0013 33.751163 -118.309195 Statewide Trash Provisions Commercial Yes Rancho Palos V 1654015 S Western Ave 29409 S Western Ave 272 CB0146 33.759974 -118.31278 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 1653148 W Toscanini Dr S Western Ave 273 CB0147 33.759995 -118.312904 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 1653149 W Toscanini Dr S Western Ave 315 CB0805 33.748884 -118.325183 Statewide Trash Provisions Commercial Yes Rancho Palos V 1654057 Miraleste Plaza Palos Verdes Dr E 316 CB0812 33.748814 -118.324791 Statewide Trash Provisions Commercial Yes Rancho Palos V 1654062 Miraleste Plaza 29-34 Miraleste Plz 567 CB2967 33.757735 -118.310941 Statewide Trash Provisions High Density Residential Yes Rancho Palos V 0 Tollhouse Ct parking lot 568 CB2968 33.757966 -118.311164 Statewide Trash Provisions Commercial Yes Rancho Palos V 0 Thistlewood Way Byerton Ct SD CB.shp JLHA Review
A-91
I1
I1
!(
!(
Miraleste Dr
Via del Plz
Palos Verdes Dr E
Miraleste Plz
Via Bramante
Bram ante Plz
City of Rancho Palos Verdes Boundaries
Commercial
High Density Residential
Existing Trash TMDL
PLU Catch Basins
(! City-Owned (2)
I1 Public Transportation Stations
Storm Drain Network
0 0.0125 0.025 0.05 Miles
Trash Provisions Track 1 Jurisdictional Maps: City of Rancho Palos Verdes A-92
I1 I1
I1 I1
!( !(
!( !(
!(
!(
!(
!(
!(
!(
!(
!(!(
!(
!(
W Toscanini Dr
Western Ave
S Western Ave
S Montereina Dr
Vis Madera
Vis Tierra
Caddington Dr
Thistlewood
Way
Mount Palomar Pl
Oldstone Ct Friarstone Ct
Gunter Rd
Mount Whitney Way
Tollhouse Ct
Mendon Dr
Hollifield Ct
Byerton Ct
Huntsman Ct
Beecham Dr
Bearhaven Ct
Kingsdown Ct
S
Western
Ave
Caddington Dr
W
e
stern Ave
Gunter Rd
City of Rancho Palos Verdes Boundaries
Commercial
High Density Residential
Existing Trash TMDL
PLU Catch Basins
! City-Owned (15)
I1 Public Transportation Stations
Storm Drain Network
0 0.03 0.06 0.12 Miles
Trash Provisions Track 1 Jurisdictional Maps: City of Rancho Palos Verdes A-93
I1
!(
!(
Western Ave
Crestwood St
W Macarthur St
W Park Western Dr
Upland St
Homeworth Dr
Trudie Dr
Western Ave
Western Ave
City of Rancho Palos Verdes Boundaries
Commercial
High Density Residential
Existing Trash TMDL
PLU Catch Basins
(!City-Owned (2)
I1 Public Transportation Stations
Storm Drain Network
0 0.025 0.05 0.1 Miles
Trash Provisions Track 1 Jurisdictional Maps: City of Rancho Palos Verdes A-94
I1
I1
!(
Western Ave
W Summerland Ave
Bernice Dr
W General St
N
H
arbor Vie
w
A
v
e
City of Rancho Palos Verdes Boundaries
Commercial
High Density Residential
Existing Trash TMDL
PLU Catch Basins
! City-Owned (1)
I1 Public Transportation Stations
Storm Drain Network
0 0.025 0.05 0.1 Miles
Trash Provisions Track 1 Jurisdictional Maps: City of Rancho Palos Verdes A-95
Exhibit D-11
APPENDIX III:
SAMPLE SIGNAGE
A-96
Exhibit D-12
APPENDIX IV:
STREET SWEEPING SCHEDULE
A-97
Exhibit D-13
APPENDIX V:
TRASH COLLECTION SCHEDULE
A-98
Exhibit D-14
APPENDIX VI:
MATERIAL RECYCLING PACKET
https://rpvca.gov/DocumentCenter/View/20221/Construction-Demolition-WasteForm-PDF?bidId= A-99
APPENDIX VII:
SCHOOL DISTRICT CALENDAR
A-100