DocuSign Envelope ID: FOAE48A4-0155-43D2-AOD2-730DBE4B909C EXHIBIT " E"
INSURANCE REQUIREMENTS
Without limiting Contractor's indemnification obligations under this Agreement, Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001).
Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, code 1 any auto).
Workers' Compensation insurance as required by the State of California.
Employer' s Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability: $ 10, 000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this program or be twice the occurrence limit.
Automobile Liability: $ 10, 000, 000 per occurrence.
Employer' s Liability: $ 1, 000,000 per accident for bodily injury or disease.
Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or ( 2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The Cities of Redondo Beach, Hermosa Beach, Manhattan Beach and EI Segundo, their officers, elected and appointed officials, employees, and volunteers are to be 71 DocuSign Envelope ID: FOAE48A4-0155-43D2-AOD2-730DBE4B909C covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor' s insurance, or as a separate owner's policy.
Automobile Liability: The Cities of Redondo Beach, Hermosa Beach, Manhattan Beach and EI Segundo, their officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.
For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects to the Cities of Redondo Beach, Hermosa Beach, Manhattan Beach and EI Segundo, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the Cities of Redondo Beach, Hermosa Beach, Manhattan Beach and EI Segundo, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor's part.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best' s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City' s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements are to be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
72 DocuSign Envelope ID: FOAE48A4-0155-43D2-AOD2-73ODBE4B909C Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Manaaement
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
73 DocuSign Envelope ID: FOAE48A4-0155-43D2-AOD2-730DBE4B909C EXHIBIT " F"
COST PROPOSAL
See attached.
74 DocuSign Envelope ID: FOAE48A4-0155-43D2-AOD2-730DBE4B909C
EXHIBIT F
Cost Proposal
This COST PROPOSAL FORM is the Cost Proposal for all work described in the Transit Service Agreement.
The Cost Proposal consists of Fixed Fees and Fixed Hourly Rates in accordance with 7. b - Fee Structure, of the Transit Services Agreement. The rates shall be for each of the three ( 3) periods in the Base Term of the Agreement, and shall be based on the levels of service in terms of vehicle revenue hours, as stated below. The detailed budget breakdown included with this COST PROPOSAL FORM shall be consistent with rates proposed.
A. Price Proposal
91, 198. 02 95, 062. 34 98, 667. 18
Period 1 Period 2 Period 3
Months in Contract Period 12 12 12
Revenue Vehicle Hours in Period 41, 000 41,000 41, 000
1 Fixed Monthly Rate 91, 198. 02 95, 062. 34 98, 667. 18 2 Fixed Hourly Rate 42. 719 44. 525 46. 300
CALCULATION OF TOTAL ANNUAL COSTS
3 Fixed Monthly Rate X Months in Period 1, 094,376. 24 1, 140, 748.08 1, 184,006. 16 4 Fixed Hourly Cost 1, 751, 479. 00 1, 825, 525.00 1, 898, 300. 00 X Vehicle Revenue Hours in Period
Proposed Total Annual Cost 1 $ 2, 845, 855. 24 1 1 $ 2, 966, 27 1 $ 3, 082, 306. 16 C- 1
DocuSign Envelope ID: FOAE48A4-0155-43D2-AOD2-73ODBE4B909C EXHIBIT " G"
OUT OF CONTRACT RATES DIRECTLY ARISING OUT FEDERAL, STATE OR LOCAL
EMERGENCIES
Out of contract services, specifically non -driving services directly related to pandemics, such as additional services beyond the requirements described in " Exhibit B", are subject to the rates set forth below.
Description Year 1 Year 2 Year 3
Driver Wages 20. 87 21. 54 22. 22
Driver Workers Compensation 2. 70 2. 78 2. 87
Driver Health Insurance 1. 51 1. 56 1. 60
Other Driver Fringe Benefits 2. 28 2. 35 2. 43
Fixed Hourly Rate 27. 35 28. 23 29. 12
75 DocuSign Envelope ID: FOAE48A4-0155-43D2-AOD2-730DBE4B909C EXHIBIT " H"
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Terms for Compliance with California Labor Law Requirements is attached and incorporated by reference, is a " public work" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"), and that this Agreement is subject to ( a) Chapter 1, including without limitation Labor Code Section 1771 and ( b) the rules and regulations established by the Director of Industrial Relations DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
4. 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 the maximum amount allowable by law 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.
5. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to ( 1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, 2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the City of the location of the records.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work.
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars 25) for each worker employed in the performance of this Agreement by the Contractor or by any 76 DocuSign Envelope ID: FOAE48A4-0155-43D2-AOD2-73ODBE4B909C subcontractor for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one ( 1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/ 2 times the basic rate of pay.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
9. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and 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 failure.
10. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend ( at Contractor's expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses.
All duties of Contractor under this Section shall survive termination of the Agreement. 77