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AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND EMPIRE PIPE CLEANING AND EQUIPMENT, INC .
THIS AGREEMENT FOR PROJECT SERVICES ( this "Agreement”) is made between the City of Redondo Beach, a chartered municipal corporation (" City") and Empire Pipe Cleaning and Equipment, Inc., a California corporation (“ Contractor" or “Consultant”).
The parties hereby agree as follows:
A. Description of Project or Scope of Services. The project description or scope of services to be provided by Contractor, and any corresponding responsibilities of City or services required to be performed by City are set forth in Exhibit " A”.
B. Term and Time of Completion. Contractor shall commence and complete the project or services described in Exhibit " A" in accordance with the schedule set forth in Exhibit " B".
C. Compensation. City agrees to pay Contractor for work performed in accordance with Exhibit " C”.
GENERAL PROVISIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Contractor shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Contractor' s sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Contractor shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials shall be specific for the project herein and shall not be used by the City for any 2 -
other project without Contractor' s consent. Notwithstanding the foregoing, Contractor shall not be obligated to assign any proprietary software or data developed by or at the direction of Contractor for Contractor' s own use; provided, however, that Contractor shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit " A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Contractor to conduct any inspections Contractor has agreed to perform pursuant to the terms of this Agreement. Contractor shall be solely liable for said inspections performed by Contractor. Contractor shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Contractor hereunder.
5. Services. The project or services set forth in Exhibit " A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit " A" are itemized by price in Exhibit " C”, the City in its sole discretion may, upon notice to Contractor, delete certain items or services set forth in Exhibit " A", in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Contractor' s services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Contractor.
6. Records. Contractor, including any of its subcontractors, shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit " A". Contractor, including any of its subcontractors, shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Contractor' s completion of performance of this Agreement. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be performed and paid for in accordance with the following:
Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/or changed work. Contractor expressly recognizes that other 3 -
City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Contractor shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Contractor and the City.
8. Additional Assistance. If this Agreement requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Contractor acknowledges, represents and warrants that Contractor is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement.
Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor' s profession.
10. Business License. Contractor shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. In the event of any such termination, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; 4 -
and (2) necessary materials or services of others ordered by Contractor for this Agreement prior to Contractor’ s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by the City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor' s finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages, if any, sustained by the City by virtue of Contractor' s breach of this Agreement.
13. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest ( as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that Contractor has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest ( as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents ( collectively “ Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Contractor’ s performance or work hereunder ( including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or 5 -
damage which was caused by the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees’ active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782(b). Contractor’ s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Contractor shall comply with the requirements set forth in Exhibit " D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. 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. 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 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. 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 public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’ s compliance with Labor Code Sections 6 -
1810, 1813 and 1815, and Contractor shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. 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 comply with Labor Code Sections 1810, 1813 and 1815, Contractor shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit “ E”, which is attached hereto and incorporated by reference.
18. Limitations upon Subcontracting and Assignment. Contractor acknowledges that the services which Contractor shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Contractor, Contractor shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Contractor and subcontractor. Any attempt by Contractor to assign any or all of its rights under this Agreement without first obtaining the City’s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty- five percent ( 25%) or more of the ownership interest in Contractor or twenty- five percent ( 25%) or more the voting control of Contractor ( whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Contractor or its assets in any transaction or series of transactions ( by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Contractor’ s assets occurs, which reduces Contractor’ s assets or net worth by twenty- five percent ( 25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Contractor shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Contractor shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
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20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Contractor.
23. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit " A" which does not pertain to the project description, proposal, or scope of services ( as applicable) to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered " third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement. 8 -
30. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
31. Interpretation. Contractor acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose( s). Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty ( 30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor' s expense, including shipping.
Contractor shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit " C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 19th day of September, 2023.
CITY OF REDONDO BEACH, EMPIRE PIPE CLEANING AND EQUIPMENT, a chartered municipal corporation INC., a California corporation By: _______________________
William C. Brand, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED:
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
Michael W. Webb, City Attorney
Craig Van Thyne
Vice- President
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EXHIBIT " A"
SCOPE OF SERVICES
I. CONTRACTOR’ S DUTIES
A. SECTION 1 – REQUIRED SERVICES
1. GENERAL
Contractor shall:
a. Provide sewer main line cleaning services, including labor, materials, equipment, vehicles, traffic control, and incidentals as required. b. Remove debris and roots from the pipeline and take all the necessary steps to ensure that no spills of any sewage occur. Pipeline debris includes, but is not limited to, sludge, dirt, sand, rocks, grease, roots and other solid or semisolid materials.
Sewer lines shall be VCP, DIP and PVC and range in sizes from 6 to 18 inches in diameter. Lengths are approximate. Payment will be for actual footage cleaned
2. AMOUNT OF WORK
This Agreement shall not guarantee any specific amount of work, as the need for sewer line cleaning services may increase or decrease depending upon public policy or available funding. However, it is anticipated that Contractor is expected to clean approximately 597,000 lineal feet of sewer lines within the City.
3. CLEANING EQUIPMENT
Contractor shall use a combination of high-velocity hydro- cleaning and vacuum removal equipment that meets the following minimum specifications:
a. A minimum of 900 feet of 1-inch diameter high pressure hydro flushing hose.
b. Two or more high velocity nozzles capable of producing a scouring action from 15 degrees to 45 degrees in all pipe size lines to be cleaned.
Nozzle skids shall be used for the appropriate size of pipe being cleaned.
1. Note Nozzle jet orifices shall be inspected periodically by Contractor and City representative to ensure jet diameter not to exceed 0.0860-inch diameter. Nozzle jets will be considered worn 11 -
if a 3/32" drill bit can be inserted into the jet orifice. The nozzle shall then be removed from service. For nozzles with replaceable jets, the oversize jets shall be replaced before the nozzle will be used again.
c. A root cutter attachment for pipe sizes ranging from 6 to 18 inches. d. A high-pressure handgun for washing and scouring manhole walls, channels, shelves and manhole cover frames
e. A 1,000-gallon minimum water tank pump and a hydraulically driven hose reel
f. Equipment operational controls located above ground. g. Minimum working pressure of 1,500 pounds per square inch at 60 gallons per minute ( G.P.M) rate
h. Centrifugal or positive displacement blower vacuum equipment suitable to remove all debris at the downstream manhole while the hydro flushing is being performed
i. Two (2) two-way hand-held radios or cell phones for communication in easements
4. CLEANING PRECAUTIONS
During sewer cleaning operations, Contractor shall take all necessary and satisfactory precautions to prevent damage or cause flooding of public or private property being served by the sewer. Contractor shall exercise care in the selection and use of the cleaning tools to avoid pipe damage.
Contractor shall use a nozzle skid to prevent accidental entry of nozzle into house connections.
5. SEWER CLEANING PROCEDURES
Contractor shall:
a. Undertake the following steps for sewer cleaning procedures:
1. Employ a combination of high-velocity jetting and vacuum removal to clean designated sewer line segments.
2. The standard cleaning process involves jetting from the downstream manhole towards the upstream manhole, pulling debris towards the downstream point. For sections without debris, a single pass is adequate. If debris is encountered, repeat cleaning is necessary until debris is cleared.
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3. Cease cleaning operations for a pipe if significant dirt and gravel are observed, and promptly notify the City if a potential line break is suspected.
4. Upon establishing appropriate traffic control measures, Contractor will carefully wash the upstream manhole using a high-pressure water gun, avoiding any splashing onto nearby vehicles or pedestrians.
5. Identify and document major defects in manholes, frame, and covers, reporting them to the City for resolution.
b. Select equipment based on the conditions of the sewer lines at the time work commences. The equipment and methods selected must be satisfactory to the City representative( s). The equipment shall be capable of removing dirt, grease, roots and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from the downstream manhole, the equipment will be set up on the upstream manhole and cleaning will again be attempted. If successful cleaning remains unattainable or equipment cannot traverse the entire manhole section, it will be presumed that a significant blockage is present. Contractor must promptly inform the City representative( s) for further guidance.
Jetting' s pullback rate shall not exceed three feet per second. c. Ensure the cleaning method shall be to jet from the upstream manhole down slope for washing purposes on pipeline segments with extremely steep slopes where the jetter nozzle fails to climb to the upstream manhole. Jet from the downstream manhole up slope so that the cleaning directions overlap. Water for cleaning must be from the closest available fire hydrant. Make arrangements with the local water agency to arrange for water meters and any necessary equipment to access water from the fire hydrant.
d. Directly bear water expenses and pay the water agency. Contractor must secure a "mobile" water meter from California Water Service for accurate measurement and billing.
6. ADDITIONAL CLEANING REQUIREMENTS
Contractor shall:
a. Hydraulically Propelled Equipment: Utilize hydraulically propelled equipment designed as a movable dam, constructed to allow collapsing of a portion during cleaning operations and prevent sewer flooding. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to effectively remove grease. In instances where non-collapsible equipment, such as 13 -
sewer cleaning balls are used, Contractor shall take special precautions to avert flooding of both the sewer system and adjacent public or private properties.
b. High-Velocity Jet ( Hydrocleaning) Equipment: Ensure all high-velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The equipment shall have a selection of two or more highvelocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned.
Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. Consult the NASSCO Jetter Code of Practice as a guide for the selection of different type nozzles and recommended pressure applications for various cleaning requirements. c. Mechanically Powered Equipment: Mechanically Powered Equipment:
Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines shall be belt operated or have an overload device. Machines with direct drive that could cause damage to the pipe shall not be allowed. A power rodding machine shall be either a sectional or continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specifically heat treated steel. To ensure safe operation, the machine shall be fully enclosed and have an automatic safety clutch or relief valve.
7. CLEANING PRECAUTIONS
a. During sewer cleaning operations, Contractor shall take all necessary and satisfactory precautions in the use of cleaning equipment. In cases where hydraulically propelled cleaning tools ( which rely on water pressure for cleaning force) or tools that impede the sewer flow are employed, Contractor shall ensure that the generated water pressure does not result in damaging or flooding public or private properties linked to the sewer' s service. Whenever feasible, Contractor shall harness the sewage flow within the sewer to supply the required pressure for hydraulic cleaning devices.
b. When additional water from fire hydrants is necessary to avoid delay in normal work procedures, Contractor shall use water judiciously and avoid unnecessary consumption. In such instances, Contractor shall obtain a " mobile" water meter from the California Water Company before utilizing water from fire hydrants. Additionally, Contractor shall ensure that no obstruction of fire hydrants occurs, particularly in the event of a fire within the hydrant' s service area.
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8. TRAFFIC CONTROL
a. Contractor shall provide all required traffic control actions throughout the project; including all labor, tools, equipment, materials, and safety controls. Traffic Control Plans must be submitted on any street as shown on the City’s Master Plan of Streets as a collector, secondary, or major arterial. The City’s Master Plan of Streets can be found on the City’s web site, in the Planning Departments documents, specifically in the Circulation Element, Page 12, Figure 1.
b. Contractor shall install and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstance in its judgment for the prevention of accidents; and the Contractor shall take other precautions as necessary for public safety including, but not limited to, traffic control. c. Contractor shall conduct traffic control in accordance with the latest edition of the WATCH handbook or the latest edition of the California manual on Uniform Traffic Control Devices, whichever is more stringent, and as approved by the City Engineer. At least 15 calendar days prior to the planned work, the Contractor must submit the traffic control plan, duly approved by all pertinent jurisdictional bodies, and conforming to all specifications outlined here. In cases where work on Pacific Coast Highway is performed at night, Contractor shall coordinate with the California Department of Transportation is obligatory.
9. PERMITS AND ACCESS
a. Contractor shall acquire all required fees and licenses for any encroachment permits required by the City of Redondo Beach or the California Department of Transportation when cleaning and inspecting are necessary in the public right-of-way.
b. For easement cleaning where entry must be made onto homeowner’ s property, Contractor shall provide notice for permission to enter the property. Coordination of sewer cleaning will be made through the City representative, with notification one week in advance of the anticipated cleaning date.
c. Contractor shall be responsible for easements requiring additional manpower for making turns in manholes or for pulling the jetter hose.
Communication may necessitate the use of two-way handheld radios.
10. MATERIAL REMOVED
Contractor shall remove debris from the pipeline and clean and/or re-clean the pipe wall to the City’s satisfaction as proven by closed circuit television 15 -
video ( CCTV). Contractor shall remove all sludge, dirt, sand, rocks, roots, grease and/or other solid or semisolid material resulting from the cleaning operation at the downstream manhole of the section being cleaned.
Passing material from manhole section to manhole section, which may cause line stoppages, shall not be permitted.
11. MATERIAL DISPOSAL
Contractor shall decant liquids and drain back to the sewer. Contractor shall remove all solids or semisolid resulting from the cleaning operations from the work site and dispose of at the Contractor’ s cost. Contractor shall remove all materials from the work site at the end of each workday. Under no circumstances shall the Contractor be permitted to gather debris, etc. at the work site for a period exceeding one workday, unless such materials are stored in fully enclosed containers that are both lead and odor proof.
Any such storage must also have the approval of the City.
12. SPILL REPORTING AND HANDLING
a. Contractor shall immediately notify the City representative( s) of any manhole overflow or interruption/ backup of customer service and the Contractor shall contain and control all overflow.
b. If the Contractor is involved with a spill, Contractor must:
1. Immediately notify the City.
2. Contain the spill to isolate it from entry to any waterways.
3. Relieve the spill. Once the spill has been contained and relieved, the area must be cleaned up.
4. Make follow-up reports.
c. Contractor shall pay any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow and any disruption of service costs to customers as of a result of Contractor’ s work. This is in addition to any and all costs incurred by the City. d. Contractor shall also notify the City immediately of any apparent noncontractor related spills and/or any abnormal conditions.
13. CONFINED SPACE ISSUES AND SAFETY ISSUES
a. Contractor shall carry out the specified duties as outlined below. Every manhole involved in this project is categorized as a Title 8 Permit Required Confined Space. Contractor is directed to refer to the General Industry Safety Orders of the State of California, specifically Article 108, Confined Spaces, Section 5157 ( Title 8 of California Code of Regulations, Sections 5167, 5157, 5158).
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b. Contractor shall attend a safety meeting with the City for the purpose of reviewing the Contractor’ s safety manuals, his knowledge of Title 8 and to discuss all safety aspects of the job.
c. All work shall be conducted from above ground. Manhole entry, if required, shall be conducted in strict accordance with permit required confined space entry regulations. These regulations include, at a minimum: entry permit, trained authorized entrants( s), attendants( s), entry supervisor( s), full body harness ( with life line), mechanical retrieval device, continued forced air ventilation, continuous air monitoring, communication systems ( minimum two types) and all other protective equipment that may be required. Work shall be conducted in accordance with all Federal, State and local laws and regulations. d. The local fire department may be able to offer services for confined space rescue. Contractor shall make any and all arrangements necessary.
14. WORK PLAN
Contractor shall:
a. Prepare a monthly work plan and submit it one (1) week in advance to the City for review and approval.
b. Ensure the plan verifies the treatment sequence and identify all the line sections to be treated based on City maps and sequence data provided. c. Amend plan if weather or local road maintenance or construction issues discovered by either party.
15. WORK DOCUMENTATION
Contractor shall:
a. Submit monthly reports based on the work plan for City review with an invoice for payment.
b. Maintain Contractor’ s log sheets, with a section by section breakdown including comments, on site, in a legible manner, for review at all times. c. Include notice of badly worn frames and covers, and badly deteriorated manhole concrete structures in the comments on log sheets. 17 -
16. CREW SIZE
Contractor shall:
a. Provide a minimum of a two-person crew at all times where one person shall witness the air injection equipment reach the upstream manhole. b. Utilize a crew of three for all work in confined spaces, and use all CalOsha required equipment when entering a confined space. c. Utilize additional personnel when needed for traffic control flagmen.
17. CITY EQUIPMENT AND LABOR
Contractor shall not utilize the City’s equipment and labor, except for the City representative monitoring the work.
18. RESEALING MANHOLE COVERS
Contractor shall reseal all manholes within 24 hours after work is completed with duct seal Cal Pico #CD-5, or equal. Contractor shall sweep the work area around the manhole of all debris.
19. OFFICE FOR INQUIRES AND COMPLAINTS
Contractor shall:
a. Maintain an office at some fixed place and shall maintain a telephone therein, listed in the telephone directory in his/her own name or in the file name by which he/she is commonly known, and shall at all time during the hours between 8:00 AM and 5:00 PM of each working day have a full-time employee at said office for the answering of inquiries and for receiving complaints from the Director of Public Works. b. Maintain a written log of all complaints, the date thereof, and the action taken pursuant thereto or the reason for non-action. Such a log of complaints shall be open to the inspection of the Director of Public Works.
c. Make every reasonable effort to respond to complaints on the same day they are received and shall report to the Director of Public Works within twenty-four ( 24) hours as to the action taken concerning each complaint.
20. PUBLIC RELATIONS
Contractor shall:
a. Investigate any complaint, which may concern, or be involved in, the performance of this Agreement in person or through its agent. 18 -
b. Report to the Director of Public Works, or designee, the following working day as to the action taken with reference to the complaint. c. Respond to complaints received before noon the same day; and the following day for complaints received after noon.
21. WORKING HOUR LIMITS
Working hours are Monday – Friday, 8:00 AM to 4:00 PM.
22. DAMAGES
Contractor shall report without delay any damage to City equipment, City property or private property. Contractor shall be liable for damages caused by his/her actions. Any repairs and associated cost resulting from Contractor caused damage shall be the responsibility of the Contractor.
B. SECTION 2 - PERSONNEL AND SUPERVISION
1. PERSONNEL REQUIREMENTS
Contractor shall use and furnish all labor necessary for the satisfactory performance for the work described herein.
2. EMPLOYEE PERFORMANCE
Contractor shall:
a. Require his/her employees to present a neat appearance at all times while engaged in the performance of their duties.
b. Ensure its employees maintain good bearing and deportment toward the public.
c. Cause that employee to be removed from the job and replaced by a satisfactory employee should an employee be unsatisfactory in the opinion of the City, when notified in writing
3. CONTRACTOR’ S EMPLOYEE ATTIRE
Contractor shall:
a. Require each of its employees to adhere to a basic standard of working attire. This standard is a clean uniform with the Contractor' s company name or insignia clearly visible, proper shoes, other gear as required by State Safety Regulations and proper wearing of the clothing. b. Wear shirts buttoned and tucked in at all times.
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4. KNOWLEDGE & ABILITIES OF CONTRACTOR’ S EMPLOYEES
Contractor shall ensure its employees must be able to use and maintain various tools, perform heavy manual labor, and follow oral and written instructions.
5. TYPICAL TASKS OF CONTRACTOR’ S EMPLOYEES
Contractor shall:
a. Supply employees with the skills to perform various semi-skilled duties in connection with cleaning sanitary sewers.
b. Supply employees who shall use and maintain various tools, perform heavy manual labor, and follow oral and written instructions.
6. SPECIAL ACTIVITY REQUIREMENTS
Upon City’s request, supply additional employees. Any additional employees will be paid at a rate equal to the wage rate and mark up as shown on the form titled "Contractor' s Hourly Rate".
7. LEVEL OF SUPERVISION
Contractor shall:
a. Provide adequate supervision to furnish proper surveillance of workmanship and adherence to the schedule by the employees performing the work.
b. Ensure the field supervisor or his/her representative shall check with the City Department of Public Works weekly as to (1) schedule of work, 2) complaints and (3) adequacy of performance.
c. Submit such reports as the City may require ensuring compliance with scheduled work.
d. Ensure the Supervisor shall be in the City at least 20% of the time while work is in progress.
e. Be penalized Two Hundred and Fifty Dollars ($ 250) per week for failing to have a supervisor in the City at least seven hours per week while work is in progress.
8. APPROVAL OF SUPERVISOR
Contractor shall:
a. Ensure the Supervisor shall not be the labor type of employee described in this Agreement.
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b. Provide in writing to the City ( before starting work under this contract) the name of the supervisor.
c. Upon City’s approval of the Supervisor, make a written request to the City for a substitute Supervisor; provided however, that the substituted Supervisor shall have at least five years practical experience in supervision. Approval of such request is subject to City’s written consent.
C. SECTION 3 - EQUIPMENT AND MATERIALS
1. EQUIPMENT
Contractor shall furnish all equipment necessary for the satisfactory performance of the work set forth in this contract.
2. VEHICLES
Contractor shall display the firm name on any vehicles used by the Contractor’ s employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of fifty 50) feet.
3. EQUIPMENT MAINTENANCE
Contractor shall:
a. Keep all equipment used by the Contractor in a neat and clean appearance.
b. Keep the equipment in top mechanical condition and properly adjusted, both from an operational and safety standpoint in accordance with industry standards.
c. Provide storage for its equipment.
4. SAFETY LIGHTS
Contractor shall equip all vehicles with an operational rotating amber light when parked or used on public streets.
5. EQUIPMENT NOISE
City noise level requirements shall apply to all equipment for this scope of work, including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor' s personnel. 21 -
6. AIR POLLUTION
Contractor shall:
a. Comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract b. Not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity which would violate the regulations of any legally constituted authority.
7. MATERIALS TO BE PROVIDED BY CONTRACTOR
Contractor shall:
a. Furnish all necessary materials, and tools supplies of good quality and in the amounts necessary to perform the services provided in this Agreement at its own cost.
b. Perform a professional level of cleaning to City’s satisfaction.
8. COMPLIANCE WITH LAWS
Contractor shall comply with all Federal, State and Local laws, including but not limited to, laws related to transportation of material ( DOT), the application of sewer root control herbicides ( US EPA), and traffic safety regulations.
II. CITY' S DUTIES
City will provide the following services.
A. Dispatch City personnel once Contractor reports a spill.
B. Direct the Contractor to the treatment locations throughout the City boundaries.
C. Reimburse Contractor for permit fees described in Section I.A.9.a.
D. Provide assistance with manhole access and make arrangements as needed for entry onto private property for the cleaning of easements as described in Section I.A.9.b.
E. Cause any cleanup to be performed by others and deduct the costs from any monies due or to become due should the Contractor fail to promptly and effectively clean up the discharges described in Section I.A.12.c. 22 -
EXHIBIT “ B”
TERM AND TIME FOR COMPLETION
TERM. The term of the Agreement shall commence on September 20, 2023 and expire September 19, 2026.
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EXHIBIT " C"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
I. AMOUNT. Contractor shall be paid in accordance with the following schedule.
This amount shall include Contractor’ s expenses for materials, labor, shipping, tax, and travel
Description
Fee Per Lineal Foot
of Root
Fee for Cleaning Each Lineal Foot of Sewer Main Line
on City-owned streets $ 0.65
Fee for Root Removal from Each Lineal Foot
of Sewer Main Line on City-owned streets $ 0.50
Fee for Cleaning Each Lineal Foot of Sewer
Main Line on State highways $ 1.25
Fee for Root Removal from Each Lineal Foot
of Sewer Main Line on State highways $ 0.50
In no event shall Contractor’ s compensation exceed the following amounts.
Year
Not to Exceed
Amount
Year One $ 504,700
Year Two $ 222,097
Year Three $ 222,097
Total Not to Exceed Amount $ 948,894
II. METHOD OF PAYMENT. Contractor shall submit two hard copies of the invoice indicating the date of service, location of service, fee per lineal foot, and description of services and tasks performed during the prior month and supporting documentation to the City for approval and payment. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Contractor may be required to provide back-up material upon request.
III. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within thirty ( 30) days of receipt of the monthly invoice, provided that, the services are completed to the City’s reasonable satisfaction.
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IV. NOTICE. Written notices to City and Contractor shall be given by email, registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Contractor: Empire Pipe Cleaning and Equipment, Inc.
1788 N. Neville St
Orange, CA 92865
Attention: Craig Van Thyne
Email: craig@empirepipecleaning. com
City: City of Redondo Beach
Public Works Department, Engineering Division
531 N Gertruda Ave
Redondo Beach, CA 90277
Attention: Rob Osborne
Email: rob.osborne@redondo. org
All notices, including notices of address changes, provided under this Agreement are deemed received on the second business day if sent by email and the third business day after mailing if sent by regular or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
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EXHIBIT “ D”
INSURANCE REQUIREMENTS FOR CONTRACTORS
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: $ 1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $ 1,000,000 per accident for bodily injury and property damage.
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.
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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 City, its officers, elected and appointed officials, employees, and volunteers shall be 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 City, its officers, elected and appointed officials, employees, and volunteers shall 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 the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, 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 shall 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.
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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 shall 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 effecting the coverage required by these specifications at any time.
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 Management
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.
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EXHIBIT " E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply 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 1771.4, Contractor shall post job site notices, as prescribed by regulation.
4. 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.
5. 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.
6. 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.
7. 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. 29 -
8. 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 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 public work 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.
9. California Labor Code Sections 1860 and 3700 provide that every employer 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 self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
10. 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.
11. 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.
AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND EMPIRE PIPE CLEANING AND EQUIPMENT, INC
THIS AGREEMENT FOR PROJECT SERVICES ( this " Agreement") is made between the City of Redondo Beach, a chartered municipal corporation (" City") and Empire Pipe Cleaning & Equipment, Inc, a California corporation (" Contractor" or "Consultant").
The parties hereby agree as follows:
A. Description of Project or Scope of Services. The project description or scope of services to be provided by Contractor, and any corresponding responsibilities of City or services required to be performed by City are set forth in Exhibit "A".
B. Term and Time of Completion. Contractor shall commence and complete the project or services described in Exhibit " A" in accordance with the schedule set forth in Exhibit " B".
C. Compensation. City agrees to pay Contractor for work performed in accordance with Exhibit " C".
GENERAL PROVISIONS
Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Contractor shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Contractor' s sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Contractor shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials shall be specific for the project herein and shall not be used by the City for any other project without Contractor' s consent. Notwithstanding the foregoing, Contractor shall not be obligated to assign any proprietary software or data developed by or at the direction of Contractor for Contractor's own use; provided, however, that Contractor shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Contractor to conduct any inspections Contractor has agreed to perform pursuant to the terms of this Agreement. Contractor shall be solely liable for said inspections performed by Contractor. Contractor shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Contractor hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit " A" are itemized by price in Exhibit " C", the City in its sole discretion may, upon notice to Contractor, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Contractor' s services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Contractor.
6. Records. Contractor, including any of its subcontractors, shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit " A". Contractor, including any of its subcontractors, shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four ( 4) years after Contractor' s completion of performance of this Agreement. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/ or extra work under this Agreement shall be performed and paid for in accordance with the following:
Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/ or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Contractor shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Contractor and the City.
8. Additional Assistance. If this Agreement requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City' s requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Contractor acknowledges, represents and warrants that Contractor is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement.
Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor' s profession.
10. Business License. Contractor shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. In the event of any such termination, Contractor shall be compensated for: ( 1) all authorized work satisfactorily performed prior to the effective date of termination; and ( 2) necessary materials or services of others ordered by Contractor for this Agreement prior to Contractor' s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by the City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor' s finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages, if any, sustained by the City by virtue of Contractor' s breach of this Agreement.
13. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest ( as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that Contractor has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one ( 1) year.
14. Indemnity. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents ( collectively " Indemnitees") from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Contractor' s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees' active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782( b). Contractor' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Contractor shall comply with the requirements set forth in Exhibit " D." Insurance requirements that are waived by the City' s Risk Manager do not require amendments or revisions to this Agreement.
16. Non -Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. 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. 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 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. 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 public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/ 2 times the basic rate of pay. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor' s compliance with Labor Code Sections 1810, 1813 and 1815, and Contractor shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. 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 comply with Labor Code Sections 1810, 1813 and 1815, Contractor shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit " E", which is attached hereto and incorporated by reference.
18. Limitations upon Subcontracting and Assignment. Contractor acknowledges that the services which Contractor shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Contractor, Contractor shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Contractor and subcontractor. Any attempt by Contractor to assign any or all of its rights under this Agreement without first obtaining the City' s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Contractor or twenty-five percent (25%) or more the voting control of Contractor (whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Contractor or its assets in any transaction or series of transactions ( by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Contractor' s assets occurs, which reduces Contractor' s assets or net worth by twenty-five percent ( 25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Contractor shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Contractor shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Contractor.
23. Non -Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non- exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services ( as applicable) to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered " third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
30. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six ( 6) months after accrual of the cause of action.
31. Interpretation. Contractor acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one ( 1) year from the date of delivery; and the product shall be fit for its intended purpose( s). Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty ( 30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor' s expense, including shipping.
Contractor shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit " C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 6th day of September 2022.
CITY OF REDONDO BEACH,
a chartered municipal corporation
EDocuSigned by:
IMS R, tVt W1s H. Nehrenheim,
DC2MD6CA98045B... Mayor Pro Tempore
For
William C. Brand, Mayor
ATTEST:
DocuSigned by:
EM.4LI- A"d.
72F2AC716C214CF...
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
R( a
669049EDE03D402...
Michael W. Webb, City Attorney
EMPIRE PIPE CLEANING & EQUIPMENT,
INC., a California corporation
DocuSigned by:
BFOB171 DDB85452
y. ...
Name: ra, g van 1hyne
Title: vice - President
F—ATOOTOATMI
ED by:
ABED8CF35EEF48C_.
Diane Strickfaden, Risk Manager
EXHIBIT " A"
SCOPE OF SERVICES
I. CONTRACTOR' S GENERAL SERVICES
A. General
Contractor shall:
1. Furnish all labor, materials, vehicles, traffic control, equipment and incidentals necessary to clean the City's sewer main lines.
2. Remove debris and roots from the pipeline and shall take all the necessary steps to ensure that no spills of any sewage occur. Pipeline debris include, but are not limited to, sludge, dirt, sand, rocks, grease, roots and other solid or semisolid materials.
a. Sewer lines are VCP, DIP and PVC and range in sizes from 6 to 18 inches in diameter. Payment will be for actual footage cleaned.
B. Cleaning Equipment
Contractor shall utilize a combination of high velocity hydro -cleaning and vacuum removal equipment, which shall have the following features at a minimum:
1. At least 900 feet of 1 - inch diameter high pressure hydro flushing hose;
2. Two or more high velocity nozzles capable of producing a scouring action from 15 degrees to 45 degrees in all size lines to be cleaned. Nozzle skids shall be used for the appropriate size of pipe being cleaned; a. Nozzle jet orifices shall be inspected periodically by Contractor and City to ensure jet diameter shall not to exceed 0. 0860 -inch diameter.
Nozzle jets will be considered worn if a 3/ 32" drill bit can be inserted into the jet orifice and shall be removed from service. b. The oversize jets for nozzles with replaceable jets shall be replaced before the nozzle can be used again.
3. A root cutter attachment for 6" through 18" pipe;
4. A high- pressure handgun for washing and scouring manhole walls, channels, shelves and manhole cover frames;
5. A 1, 000 -gallon minimum water tank pump and a hydraulically driven hose reel;
6. Equipment operational controls located above ground;
7. Minimum working pressure of 1500 pounds per square inch at 60 G. P. M. rate;
8. Centrifugal or positive displacement blower vacuum equipment suitable to remove all debris at the downstream manhole while the hydro flushing is being performed; and
9. Two ( 2) two- way hand held radios or cell phones for communication in easements.
C. Cleaning Precautions
Contractor shall:
1. Take satisfactory to prevent damage or flooding of public or private property being served by the sewer during sewer cleaning operations
2. Exercise care in the selection and use of the cleaning tools to avoid pipe damage.
3. Use the nozzle skid to prevent accidental entry of nozzle into house connections.
D. Sewer Cleaninq Procedures
Contractor shall:
1. Clean the designated sewer line segments using combination high -velocity jet with vacuum removal.
2. Use the normal cleaning operation, which shall be to jet from the downstream manhole towards the upstream manhole thereby pulling any debris back to the downstream manhole.
3. Use a single pass if no debris is present.
4. Perform the entire run repeatedly until debris is no longer present in the event debris is encountered.
5. Cease the cleaning operation for the pipe at any sign of significant dirt and gravel at pipe and notify the City of a possible line break.
6. Wash the upstream manhole with the high- pressure water gun and not spray any surrounding vehicles or pedestrian once the appropriate traffic control has been placed.
7. Notify the City of any major defects in the manhole or the frame and cover for remedy.
8. Select equipment based on the conditions of the sewer lines at the time work commences. The equipment and methods selected must be satisfactory to the City representative(s).
a. Select equipment capable of removing dirt, grease, roots and other materials and obstructions from the sewer lines and manholes. Set up the equipment on the upstream manhole and clean again if cleaning of an entire section cannot be successfully performed from the downstream manhole.
b. If a successful cleaning cannot be performed again or the equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists. Contractor shall notify the City representative( s) of this condition immediately for further instruction. Pullback rate on jetting shall not be greater than three feet per second.
9. Use the normal cleaning method, which shall be to jet from the upstream manhole down slope for washing purposes on pipeline segments with extremely steep slopes where the jetter nozzle fails to climb to the upstream manhole.
a. Jet from the downstream manhole up slope so that the cleaning directions overlap. Use the water from the closest available fire hydrant for cleaning.
b. Make arrangements with the local water agency for the water meters and any other equipment needed to get water from the local fire hydrant.
10. Pay all water costs directly to the water agency. Contractor must obtain a mobile" water meter from California Water Service.
E. Additional Cleaning Requirements
1. Hydraulically Propelled Equipment
Contractor shall:
a. Ensure the equipment used shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer.
b. Ensure the movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to remove grease.
c. Take special precautions to prevent flooding of the sewers and public or private property if sewer cleaning balls or other equipment which cannot be collapsed is used.
F. High -Velocity Jet ( Hydrocleaning) Equipment
Contractor shall:
1. Ensure all high -velocity sewer cleaning equipment is constructed for ease and safety of operation.
2. Ensure the equipment has a selection of two or more high -velocity nozzles.
The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned.
3. Include a high -velocity gun in the equipment for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream.
4. Ensure the equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel.
5. Consult with the NASSCO Jetter Code of Practice as a guide for the selection of different type nozzles and recommended pressure applications for various cleaning requirements.
G. Mechanically Powered Equipment
Contractor shall:
1. Ensure bucket machines are in pairs with sufficient power to perform the work in an efficient manner.
2. Ensure machines are belt operated or have an overload device. Machines with direct drive that could cause damage to the pipe shall not be allowed.
3. Ensure a power rodding machine shall be either a sectional or continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specifically heat treated steel.
4. Fully enclose the machine and have an automatic safety clutch or relief valve to ensure safe operation.
H. Cleaning Precautions
Contractor shall:
1. Take commercially reasonable precautions in the use of cleaning equipment during sewer cleaning operations.
2. Take precautions to ensure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer when hydraulically propelled cleaning tools ( which depend upon water pressure to provide their cleaning force) or tools which retard the flow in the sewer line are used.
3. Contractor shall utilize the flow of sewage in the sewer to provide the necessary pressure for hydraulic cleaning devices when possible.
4. Conserve the water and not use it unnecessarily when additional water from fire hydrants is necessary to avoid delay in normal work procedures.
5. Obtain a " mobile" water meter from California Water Company if water from fire hydrants is necessary. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant.
II. CONTRACTOR' S TRAFFIC CONTROL
Contractor shall provide all required traffic control actions, including all labor, tools, equipment, materials, and safety controls. Contractor shall submit the Traffic Control Plans on any street as shown on the City' s Master Plan of Streets as a collector, secondary, or major arterial. The City' s Master Plan of Streets can be found on the City' s web site, in the Planning Departments documents, specifically in the Circulation Element, Page 12, Figure 1. Contractor shall install and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as appropriate under the circumstance in its judgment for the prevention of accidents. Contractor shall take other precautions as necessary for public safety including, but not limited to, traffic control. Contractor shall conduct traffic control in accordance with the latest edition of the WATCH handbook or the latest edition of the California manual on Uniform Traffic Control Devices, whichever is more stringent, and as approved by the City Engineer. Contractor shall submit the Traffic Control Plans at least 15 calendar days prior to planned work. Traffic Control Plans shall be approved by all agencies having jurisdiction and shall conform with all requirements of these specifications. Work on Pacific Coast Highway may be required to be performed at night and Contractor shall coordinate with the California Department of Transportation. Inadequate or improper signing and delineation for traffic control may be cause for the termination of this Agreement.
A. Permits and Access
Contractor shall:
1. Acquire all required fees and licenses for any encroachment permits required by the City or the California Department of Transportation when cleaning and inspecting are necessary in the public right-of-way.
2. For easement cleaning where entry must be made onto homeowner's property, provide notice to homeowner for permission to enter property.
Coordinate sewer cleaning with designated City representative, with notification one week in advance of the anticipated cleaning date. a. Provide any additional staff in the event additional manpower is required for making turns in manholes or for pulling the jetter hose.
Provide two-way hand- held radios for communication.
B. Material Removed
Contractor shall:
1. Remove debris from the pipeline and clean and/ or re -clean the pipe wall to the City's satisfaction as proven by closed circuit television video CCTV).
2. Remove all sludge, dirt, sand, rocks, roots, grease and/ or other solid or semisolid material resulting from the cleaning operation at the downstream manhole of the section being cleaned.
3. Not pass material from manhole section to manhole section, which may cause line stoppages.
C. Material Disposal
Contractor shall:
1. Decant and drain liquids back to the sewer. Remove and dispose all solids or semisolid resulting from the cleaning operations from the work site at the Contractor' s cost.
2. Remove all materials from the work site at the end of each workday.
3. Not accumulate any debris and/ or the like, on the site of work beyond a single workday, except in totally enclosed lead and odor proof containers and as approved by the City.
D. Spill Reporting and Handling
Contractor shall:
1. Notify the City representative( s) of any manhole overflow or interruption/ backup of customer service immediately, contain and control all overflow.
2. Be responsible for any fines levied by others as a result of Contractor' s work.
3. Perform the following if the Contractor is involved with a spill:
a. Immediately notify the City.
b. Contain the spill to isolate it from entry to any waterways. c. Relieve the spill and clean the area once the spill has been contained and relieved.
d. Make follow-up reports. Once a spill is reported to the City, City personnel will be dispatched for response.
4. Be responsible for any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow and any disruption of service costs to customers as of a result of Contractor' s work.
This is in addition to any and all costs incurred by the City.
5. Notify the City immediately of any apparent non -contractor related spills and/ or any abnormal conditions.
E. Confined Space Issues and Safety Issues
All manholes in this work are defined as Title 8 Permit Required Confined Spaces. Contractor shall:
Comply with the General Industry Safety Orders of the State of California, Article 108, Confined Spaces, Section 5157 ( Title 8 of California Code of Regulations, Sections 5167, 5157, 5158).
2. Attend a safety meeting with the City to review the Contractor' s safety manuals, its knowledge of Title 8, and discuss all safety aspects of the job.
3. Conduct all work from above ground.
4. Conduct manhole entry ( if required) in strict accordance with permit required confined space entry regulations. These regulations include, but are not limited to, entry permit, trained authorized entrants( s), attendants( s), entry supervisor( s), full body harness ( with life line), mechanical retrieval device, continued forced air ventilation, continuous air monitoring, communication systems ( minimum two types) and all other protective equipment that may be required. Work shall be conducted in accordance with all Federal, State and local laws and regulations.
5. Make any and all arrangements with the City fire department for confined space rescue.
F. Work Plan
Contractor shall:
1. Prepare a monthly work plan and submit it one ( 1) week in advance to the City for review and approval.
2. Ensure the plan verifies the treatment -sequence and identify all the line sections to be treated based on City maps and sequence data provided.
3. Amend plan if weather or local road maintenance or construction issues discovered by either party.
G. Work Documentation
Contractor shall:
1. Submit monthly reports based on the work plan for City review with an invoice for payment.
2. Maintain Contractor's log sheets, with a section by section breakdown including comments, on site, in a legible manner, for review at all times.
3. Include notice of badly worn frames and covers, and badly deteriorated manhole concrete structures in the comments on log sheets.
H. Crew Size
Contractor shall:
1. Provide a minimum of a two -person crew at all times where one person shall witness the air injection equipment reach the upstream manhole.
2. Utilize a crew of three for all work in confined spaces, and use all CalOsha required equipment when entering a confined space.
3. Utilize additional personnel when needed for traffic control flagmen.
I. City Equipment and Labor
Contractor shall not utilize the City' s equipment and labor, except for the City representative monitoring the work.
J. Resealing Manhole Covers
Contractor shall reseal all manholes within 24 hours after work is completed with duct seal Cal Pico # CD -5, or equal. Perform a swept clean of all debris of the work area around the manhole.
K. Office for Inquiries and Complaints
Contractor shall:
1. Maintain an office at some fixed place and shall maintain a telephone therein, listed in the telephone directory in his/ her own name or in the file name by which he/ she is commonly known, and shall at all time during the hours between 8: 00 AM and 5: 00 PM of each working day have a full-time employee at said office for the answering of inquiries and for receiving complaints from the Director of Public Works.
2. Maintain a written log of all complaints, the date thereof, and the action taken pursuant thereto or the reason for non -action. Such a log of complaints shall be open to the inspection of the Director of Public Works.
3. Make every reasonable effort to respond to complaints on the same day they are received and shall report to the Director of Public Works within twenty-four (24) hours as to the action taken concerning each complaint.
L. Public Relations
Contractor shall:
1. Investigate any complaint, which may concern, or be involved in, the performance of this agreement in person or through its agent.
2. Report to the Director of Public Works, or designee, the following working day as to the action taken with reference to the complaint.
3. Respond to complaints received before noon the same day; and the following day for complaints received after noon.
M. Working Hour Limits
Working hours are Monday — Friday, 8: 00 AM to 4: 00 PM.
N. Damages
Contractor shall report without delay any damage to City equipment, City property or private property. Contractor shall be liable for damages caused by his/ her actions. Any repairs and associated cost resulting from Contractor caused damage shall be the responsibility of the Contractor.
III. CONTRACTOR' S PERSONNEL AND SUPERVISION
A. Personnel Requirements
Contractor shall use and furnish all labor necessary for the satisfactory performance for the work described herein.
B. Employee Performance
Contractor shall:
1. Require his/ her employees to present a neat appearance at all times while engaged in the performance of their duties.
2. Ensure its employees maintain good bearing and deportment toward the public.
3. Cause that employee to be removed from the job and replaced by a satisfactory employee should an employee be unsatisfactory in the opinion of the City, when notified in writing.
C. Contractor' s Employee Attire
Contractor shall:
1. Require each of its employees to adhere to a basic standard of working attire. This standard is a clean uniform with the Contractor' s company name or insignia clearly visible, proper shoes, other gear as required by State Safety Regulations and proper wearing of the clothing.
2. Wear shirts buttoned and tucked in at all times.
D. Knowledge and Abilities of Contractor' s Employees
Contractor shall ensure its employees must be able to use and maintain various tools, perform heavy manual labor, and follow oral and written instructions.
E. Typical Tasks of Contractor' s Employees
Contractor shall:
1. Supply employees with the skills to perform various semi -skilled duties in connection with cleaning sanitary sewers.
2. Supply employees who have shall use and maintain various tools, perform heavy manual labor, and follow oral and written instructions.
F. Special Activity Requirements
Upon City' s request, supply additional employees.
G. Level of Supervision
Contractor shall:
1. Provide adequate supervision to furnish proper surveillance of workmanship and adherence to the schedule by the employees performing the work.
2. Ensure the field supervisor or his/ her representative shall check with the City Department of Public Works weekly as to ( 1) schedule of work, ( 2) complaints and ( 3) adequacy of performance.
3. Submit such reports as the City may require ensuring compliance with scheduled work.
4. Ensure the Supervisor shall be in the City at least 20% of the time while work is in progress.
5. Submit such reports as the City may require ensuring compliance with scheduled work.
6. Ensure the Supervisor shall be in the City at least 20% of the time while work is in progress.
H. Approval of Supervisor
Contractor shall:
1. Ensure the Supervisor shall not be the labor type of employee described in this agreement.
2. Provide in writing to the City ( before starting work under this contract) the name of the supervisor.
3. In its discretion, make a written request to the City for a substitute Supervisor; provided however, that the substituted Supervisor shall have at least five years practical experience in supervision. Approval of such request is subject to City' s written consent.
IV. CONTRACTOR' S EQUIPMENT AND MATERIALS
A. Equipment
Contractor shall furnish all equipment necessary for the satisfactory performance of the work set forth in this contract.
B. Vehicles
Contractor shall display the firm name on any vehicles used by the Contractor's employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of fifty ( 50) feet.
C. Equipment Maintenance
Contractor shall:
1. Keep all equipment used by the Contractor in a neat and clean appearance.
2. Keep the equipment in top mechanical condition and properly adjusted, both from an operational and safety standpoint as determined by industry standards.
3. Provide storage for its equipment.
D. Safety Lights
Contractor shall equip all vehicles with an operational rotating amber light when parked or used on public streets.
E. Equipment Noise
City noise level requirements shall apply to all equipment for this scope of work, including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor' s personnel.
F. Air Pollution
Contractor shall:
1. Comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract
2. Not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity which would violate the regulations of any legally constituted authority.
G. Materials to be Provided by Contractor
Contractor shall:
1. Furnish all necessary materials, and tools supplies of good quality and in the amounts necessary to perform the services provided in this Agreement at its own cost.
2. Perform a professional level of cleaning to City' s satisfaction.
H. Compliance with Laws
Contractor shall comply with all Federal, State and Local laws, including but not limited to, laws related to transportation of material ( DOT), the application of sewer root control herbicides ( US EPA), and traffic safety regulations.
V. CITY' S DUTIES
City will provide the following services.
A. Cleaninq Equipment
City shall periodically inspect nozzle jets.
B. Permits and Access
1. Reimburse Contractor for permit fees described in Section II. A.
2. Provide assistance with manhole access and make arrangements as needed for entry onto private property for the cleaning of easements as described in Section II. A.
C. Spill Reporting and Handling
Dispatch City personnel once Contractor reports a spill.
EXHIBIT " B"
SCHEDULE FOR COMPLETION
TERM. The term of the Agreement shall commence on September 7, 2022, and ending September 6, 2023.
EXHIBIT " C"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
I. AMOUNT. Contractor shall be paid in accordance with the following schedule.
This amount shall include Contractor' s expenses for materials, labor, shipping, tax, and travel .
In no event shall Contractor' s compensation exceed $ 376, 000 during the term of this Agreement.
II. METHOD OF PAYMENT. Contractor shall submit two hard copies of the invoice indicating the date of service, location of service, fee per lineal foot, total fee, and description of services and tasks performed during the prior month, and supporting documentation to the City for approval and payment. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City.
III. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within thirty ( 30) days of receipt of the monthly invoice, provided that, the services are completed to the City' s reasonable satisfaction.
IV. NOTICE. Written notices to City and Contractor shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Contractor: Empire Pipe Cleaning & Equipment, Inc.
1788 N. Neville St.
Orange, CA 92865
Attention: Craig Van Thyne
Ci: City of Redondo Beach
Public Works Department
531 N Gertruda Ave
Redondo Beach, CA 90277
Fee Per Lineal
Description Foot of Root
Fee for Cleaning Each Lineal Foot
of Sewer Main Line 0. 63
In no event shall Contractor' s compensation exceed $ 376, 000 during the term of this Agreement.
II. METHOD OF PAYMENT. Contractor shall submit two hard copies of the invoice indicating the date of service, location of service, fee per lineal foot, total fee, and description of services and tasks performed during the prior month, and supporting documentation to the City for approval and payment. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City.
III. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within thirty ( 30) days of receipt of the monthly invoice, provided that, the services are completed to the City' s reasonable satisfaction.
IV. NOTICE. Written notices to City and Contractor shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Contractor: Empire Pipe Cleaning & Equipment, Inc.
1788 N. Neville St.
Orange, CA 92865
Attention: Craig Van Thyne
Ci: City of Redondo Beach
Public Works Department
531 N Gertruda Ave
Redondo Beach, CA 90277
Attention: Rob Osborne
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
EXHIBIT " D"
INSURANCE REQUIREMENTS FOR CONTRACTORS
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: $ 1, 000, 000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage.
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 City, its officers, elected and appointed officials, employees, and volunteers shall be 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 City, its officers, elected and appointed officials, employees, and volunteers shall 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 the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, 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 shall 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 shall 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 effecting the coverage required by these specifications at any time.
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 Management
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.
EXHIBIT " E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply 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 1771. 4, Contractor shall post job site notices, as prescribed by regulation.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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 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 public work 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.
9. California Labor Code Sections 1860 and 3700 provide that every employer 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 self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
10. 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.
11. 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.
CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DD/YYYY) A
2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Patriot Risk & Insurance Services
CONTACT
NAME: Annette Romero
2415 Campus Drive, Suite # 200
Irvine, CA 92612
A/cCNo Ext: 949- 486- 7904 FAX No:
ADDRESS: E- MAIL aromero@patrisk. com
INSURER( S) AFFORDING COVERAGE NAIC #
www. INSURERA: Travelers Indemnity Company of CT 25682 patrisk. com OK07568
INSURED
Empire Pipe Cleaning & Equipment Inc.
1788 North Neville
INSURER B: Travelers Property Casualty Company of America 25674 INSURERC:
Orange CA 92865 INSURER D:
INSURER E:
PREM SESOEa oNcur ence
INSURER F:
MED EXP ( Any one person)
COVERAGES CERTIFICATE NUMBER: 69628787 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR TYPE OF INSURANCE
ADDL
I
SUBR
POLICY NUMBER
POLICY EFF
MM/ DD/YYYY
POLICY EXP
MM/ DDIYYYY LIMITS
A COMMERCIAL GENERAL LIABILITY DT22CO6K521249TCT22 4/ 1/ 2022 4/ 1/ 2023 EACH OCCURRENCE 1, 000, 000 CLAIMS -MADE 11/ 1 OCCUR PREM SESOEa oNcur ence 50, 000 MED EXP ( Any one person) 10, 000
PERSONAL & ADV INJURY 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2, 000, 000 POLICY JECT LOC PRODUCTS- COMP/ OPAGG 2, 000, 000
OTHER:
A AUTOMOBILE LIABILITY 8105P8053352226G 4/ 1/ 2022 4/ 1/ 2023 COMBINED SINGLE LIMIT Ea accident 1, 000, 000
ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY ( Per accident)
PROPERTY DAMAGE
Per accident
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
B UMBRELLALIAB f OCCUR CUP6K4432472226 4/ 1/ 2022 4/ 1/ 2023 EACH OCCURRENCE 2, 000, 000 AGGREGATE 2, 000, 000 EXCESS LIAB CLAIMS - MADE
DED RETENTION $
B WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
ANYPROPRIETOR/ PARTNER/ EXECUTIVEE. L.
UB6K5209112226G 4/ 1/ 2022 4/ 1/ 2023,/
TATUTE
EACH ACCIDENT 1, 000, 000
OFFICER/ MEMBER EXCLUDED? NIA
E. L. DISEASE- EA EMPLOYEE Mandatory in NH) 1, 000, 000 If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT 1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Maintenance Contract
City of Redondo Beach, its officers, elected and appointed officials, employees, and volunteers are named as additional insureds with respects to General Liability on a primary and non- contributory basis and Auto Liability per endorsements attached where required by written contract. 30 days notice of cancellation, 10 days for non- payment of premium.
CERTIFICATE HOLDER CANCELLATION
City of Redondo Beach
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 415 Diamond Street ACCORDANCE WITH THE POLICY PROVISIONS.
Redondo Beach CA 90277
AUTHORIZED REPRESENTATIVE
Dave Jacobson i
ACORD 25 ( 2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
69628787 1 / 23 GL/ AU/ UMB/ WC I Annette Romero 1 8/ 8/ 2022 11: 93: 50 ACA ( PDT) I Page 1 of 13 This certificate cancels and supersedes ALL previously issued certificates.
DT22CO6K521249TCT22
t],1111111rilMR51 ii.11111VAIT], 1111, Iii'll ii'll
1 1
IF
40 a
This endorsement modifies insurance provided Linder the following:
I WHO IS AN INSURED — ( Section 11) is amended
tW include any person or organization that you
agree in a " written contract requiring insurance"
tW include as an additional insured on this Coverage Part, but:
a) Onlywith respect to liability for " bodily injury'
r,
property damage" or "personal' injury"; and
b) If, and only to the extent that., the injury or
damage is, caused by acts or omissions of
you or your subcontractor in the performance
of " your work" to which the " written contract
requiring insurance" applies. The person or
organization does not qualify as an additional
insured with respect to the independent acts
or omissions of such person or organization,
2. The insurance provided to, the additional insured
by this endorsement is limited as follows:
a) In the event that the Limits of Insurance of
this Coverage Part showri, in the Declarations
exceed the limits of liability required by the
written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that. " written contract requiring insuirance". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance.
b) The insurance provided to the additional insured does not apply to " bodily injury", 11 property damage" or " personal injury" arising out
of the rendering of, or failure to render, any
professional architectural, engineering or surveying services, including. - i. ' The preparing, approving, or failing to
prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and U. Supervisory, inspection, architectural or
engineering activities.
c) The ir)SUrarice provided to the additional insured does not apply to " bodily injury" or property damage" caused by " your wojV
and included in the " products -completed operations hazard" unless the " written contract requ . ir
I
ing insurance" specifically requires you
to provide such coverage for that addonal
insured, and then the insurance provided to
the additional insured applies only to such
bodily injury" or " property damage" that occu rs before the end of the period of time for which the " written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is
evrlier,
3. The insurance provided to the additional insuilr
by this endorsement is excess over any valid a
collectible " other insurance", whether prima
excess, contingent or on any other basis, that
available to, the additional insured for a loss
cW ver, under this endorsement. However, if th
t1written contract requiring insurance" specificall
requires that this insurance apply on a prima
basis or a primary and non-contributory basi
this insurance is primary to other insuranc
available to the additional insured which cove
that person or organization as a named insur
fW r such loss, and we will not share with 10h
Iother insurance". But the insurance provided
the W d.. insured by this endorsement still
excess over any valid and collectible " other I,
surance", whether primary, excesscontingent
on any other basis, that is available to the add
tionial insured when that person or organization
an additional insured under such " other insu
ance".
As a condition of coverage provided to t
additional insured by this endorsement:
a) The additional insured must give us written
notice as soon as practicable of an " occurrence"' or an offense which may result in a claim. To the extent possible, such notice
shode:
0 2005 The St. Paul Travelers Companies,, Inc,
69628787 122/ 23 GL/ AU/ ULPB/ WC I Annette Romero 1 8/ 8/ 2022 11: 43: 50 ALI ( PDT) I Page 2 of 13 This certificate cancels and supersedes ALL previously issued certificates, i. How, when and where the " occurrence"
or offense took place-,
III, The names and addresses of any injured
persons and wilnesses;, and
iii. The nature and location of any injury or
damage arising out of the " occurrence" or
offense.
b) If a claim is made or " still" is brought against
the additional insured, the additional insured
roust;
Immediately record the specifics of "
I
dialim or " suft" arid, the date received; in
iii. Notify us as soon as practicable.
The additional insured must see to it that we
receive written notice of the claim, or " suit" as
soon as practicable.
c) The additional insured Must immediately
send us copies of all legal papers received'. in
connection with theclaim or " suit", cooperate
with us in the investigation or settlement of
the claim or defense against the " suit", and
othervAse comply writh all policy conditions.
d) The additional insured must tender the defense and indemnity of any claim or " suit" to any provider of "other insurance" which would
cover the additional insured' for a loss we
cover under this endorsement. However, this
condition does not affect whether the insuranze provided to the additional' insured by this endorsement is primary to " other insurance" available to the additional insured which covers that person or organization as a
named insured as described in paragraph 3.
above.
S. The following definition is added to SECTION T.
DEFINITIONS -
Written contract requiring insurance" means
that part of any written contract or agreement
under which you are required to include a
person or organization as an additional insured on this Coverage Part, provided that the " bodily injury"' and " property, damage" occurs arid the " personal injury" is Caused by an offense committed:
a. After the signing and execution of the
contract or agreement by you-,
b. While that part of the contract or
agreement is in effect; and
0001156
69628787 122/ 23 GL/ AU/ ULPB/ WC I Annette Romero 1 8/ 8/ 2022 11: 43: 50 ALI ( PDT) I Page 3 of 13 This certificate cancels and supersedes ALL previously issued certificates, DT22CO6K521249TCT22
Empire Pipe Cleaning & Equipment Inc.
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS XTEND ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment
C. Increased Supplementary Payments
D. Incidental Medical Malpractice
E. Who Is An Insured — Newly Acquired Or Formed
Organizations
F. Who Is An Insured — Broadened Named Insured
Unnamed Subsidiaries
G. Blanket Additional Insured — Owners, Managers
Or Lessors Of Premises
PROVISIONS
A. AIRCRAFT CHARTERED WITH PILOT
The following is added to Exclusion g., Aircraft,
Auto Or Watercraft, in Paragraph 2. of SECTION
I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
This exclusion does not apply to an aircraft that
is:
a) Chartered with a pilot to any insured;
b) Not owned by any insured; and
c) Not being used to cavy any person or property for a charge.
B. DAMAGE TO PREMISES RENTED TO YOU
1. The first paragraph of the exceptions in Exclusion j., Damage To Property, in Paragraph 2. of SECTION I — COVERAGES —
COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY is deleted.
I. Blanket Additional Insured — States Or Political
Subdivisions — Permits
J. Knowledge And Notice Of Occurrence Or Offense
K. Unintentional Omission
L. Blanket Waiver Of Subrogation
M. Amended Bodily Injury Definition
N. Contractual Liability — Railroads
INJURY AND PROPERTY DAMAGE LIABILITY:
Exclusions c. and g. through n. do not apply
to " premises damage". Exclusion f.(1)( a)
does not apply to `premises damage" caused
by:
a. Fire;
b. Explosion;
c. Lightning;
d. Smoke resulting from such fire, explosion,
or lightning; or
e. Water;
unless Exclusion f. of Section I — Coverage A
Bodily Injury And Property Damage Liability
is replaced by another endorsement to this
Coverage Part that has Exclusion — All Pollution Injury Or Damage or Total Pollution Exclusion in its title.
2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — " premises damage" as described in Para - COVERAGES — COVERAGE A. BODILY graph 6. of SECTION III — LIMITS OF INSURANCE.
CG D3 16 11 11 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 6962878722/ 23 GL/ rU/ UMB/ WC I Annette Romero 1 8/ 8/ 2022 11: 43. 50 AM ( PDT) I Page 4 of 13 This certificate cancels and supersedes ALL previously issued certificates.
COMMERCIAL GENERAL LIABILITY
3. The following replaces Paragraph 6. of SECTION III — LIMITS OF INSURANCE:
Subject to S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because
of " premises damage" to any one premises.
The Damage To Premises Rented To You
Limit will apply to all " property damage"
proximately caused by the same " occurrence", whether such damage results from:
fire; explosion; lightning; smoke resulting from
such fire, explosion, or lightning; or water; or
any combination of any of these causes.
The Damage To Premises Rented To You
Limit will be:
a. The amount shown for the Damage To
Premises Rented To You Limit on the
Declarations of this Coverage Part; or
b. $ 300, 000 if no amount is shown for the
Damage To Premises Rented To You
Limit on the Declarations of this Coverage
Part.
4. The following replaces Paragraph a. of the
definition of "insured contract" in the DEFINITIONS Section:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any
person or organization for " premises
damage" is not an " insured contract';
5. The following is added to the DEFINITIONS
Section:
Premises damage" means " property damage" to:
a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or
b. The contents of any premises while such
premises is rented to you, if you rent such
premises for a period of seven or fewer
consecutive days.
6. The following replaces Paragraph 4.b.(1)( b)
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
b) That is insurance for " premises damage`;
or
7. Paragraph 4. b.( 1)( c) of SECTION IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted.
C. INCREASED SUPPLEMENTARY PAYMENTS
1. The following replaces Paragraph 1. b. of
SUPPLEMENTARY PAYMENTS — COVERAGES A AND B of SECTION I — COVERAGE:
b. Up to $ 2, 500 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of any
vehicle to which the Bodily Injury Liability
Coverage applies. We do not have to furnish these bonds.
2. The following replaces Paragraph 1. d. of
SUPPLEMENTARY PAYMENTS — COVERAGES A AND B of SECTION I — COVERAGES:
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
suit", including actual loss of earnings up
to $ 500 a day because of time off from
work.
D. INCIDENTAL MEDICAL MALPRACTICE
1. The following is added to the definition of "occurrence" in the DEFINITIONS Section:
Occurrence" also means an act or omission
committed in providing or failing to provide
incidental medical services", first aid or
Good Samaritan services" to a person.
2. The following is added to Paragraph 2.a.( 1) of
SECTION II — WHO IS AN INSURED:
Paragraph ( 1)( d) above does not apply to
bodily injury" arising out of providing or failing to provide:
i) " Incidental medical services" by any of
your " employees" who is a nurse practitioner, registered nurse, licensed practical nurse, nurse assistant, emergency medical technician or paramedic; or ii) First aid or " Good Samaritan services" by
any of your " employees" or " volunteer
workers", other than an employed or volunteer doctor. Any such " employees" or volunteer workers" providing or failing to
provide first aid or " Good Samaritan services" during their work hours for you will be deemed to be acting within the scope
of their employment by you or performing
duties related to the conduct of your business.
6962878722/ 23 GL/ AU/ UMS/ WC I Annette Romero 8/ 8/ 2022 11: 43: 50 AM ( PDT) I Page 5 of 13 This certificate cancels and supersedes ALL previously issued certificates.
CG D3 16 11 11
3. The following is added to Paragraph 5. of
SECTION III — LIMITS OF INSURANCE:
For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to
provide " incidental medical services", first aid
or " Good Samaritan services" to any one person will be deemed to be one " occurrence".
4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
Sale Of Pharmaceuticals
Bodily injury" or " property damage" arising
out of the willful violation of a penal statute or
ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured.
S. The following is added to the DEFINITIONS
Section:
Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-ray
or nursing service or treatment, advice or
instruction, or the related furnishing of
food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
Good Samaritan services" means any emergency medical services for which no compensation is demanded or received.
6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:
The insurance is excess over any valid and
collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, that is available to any of
your " employees" or " volunteer workers" for
bodily injury" that arises out of providing or
failing to provide " incidental medical services", first aid or " Good Samaritan services" to any person to the extent not subject to
Paragraph 2. a.( 1) of Section 11 — Who Is An
Insured.
E. WHO IS AN INSURED — NEWLY ACQUIRED
OR FORMED ORGANIZATIONS
The following replaces Paragraph 4. of SECTION
II — WHO IS AN INSURED:
COMMERCIAL GENERAL LIABILITY
4. Any organization you newly acquire or form,
other than a partnership, joint venture or limited liability company, of which you are the sole owner or in which you maintain the majority ownership interest, will qualify as a Named Insured if there is no other insurance
which provides similar coverage to that organization. However:
a. Coverage under this provision is afforded
only:
1) Until the 180th day after you acquire or
form the organization or the end of the
policy period, whichever is earlier, if you
do not report such organization in writing
to us within 180 days after you acquire or
form it; or
2) Until the end of the policy period, when
that date is later than 180 days after you
acquire or form such organization, if you
report such organization in writing to us
within 180 days after you acquire or form
it, and we agree in writing that it will continue to be a Named insured until the end of the policy period;
b. Coverage A does not apply to " bodily injury"
or " property damage" that occurred before
you acquired or formed the organization; and
c. Coverage B does not apply to " personal injury" or " advertising injury" arising out of an offense committed before you acquired or
formed the organization.
F. WHO IS AN INSURED — BROADENED NAMED
INSURED — UNNAMED SUBSIDIARIES
The following is added to SECTION 11 — WHO IS
AN INSURED:
Any of your subsidiaries, other than a partnership,
joint venture or limited liability company, that is
not shown as a Named Insured in the Declarations is a Named Insured if you maintain an ownership interest of more than 50% in such subsidiary on the first day of the policy period.
No such subsidiary is an insured for "bodily injury"
or " property damage" that occurred, or " personal
injury" or " advertising injury' caused by an offense committed after the date, if any, during the policy period, that you no longer maintain an
ownership interest of more than 50% in such subsidiary.
CG D3 16 11 11 0 2011 The Travelers Indemnity Company. All rights reserved. 6962878722/ 23 GL/ AU/ OMR/ WC Annette Rar, s 1 . 8/ 8/ 2022 11: 43: 50 AM ( PDT) Page 6 of 13 This certificate cancels and supersedes ALL previously issued certificates.
COMMERCIAL GENERAL LIABILITY
G. BLANKET ADDITIONAL INSURED — OWNERS, H. BLANKET ADDITIONAL INSURED — LESSORS
MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT
The following is added to SECTION 11 — WHO IS The following is added to SECTION 11 — WHO IS AN INSURED: AN INSURED:
Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con - agreed in a written contract or agreement to in- tract or agreement to include as an insured on clude as an additional insured on this Coverage this Coverage Part is an insured, but only with re - Part is an insured, but only with respect to liability spect to liability for " bodily injury', " property dam - for " bodily injury", " property damage", " personal
age", " personal injury" or "advertising injury" that:
injury" or "advertising injury" that:
a. Is " bodily injury" or " property damage" that
a. Is " bodily injury" or " property damage" that
personal " advertising
occurs, or is " personal injury" or " advertising
occurs. or is injury" or
injury" caused by an offense that is commit - injury" caused by an offense that is commit- ted, subsequent to the execution of that con - ted, subsequent to the execution of that contractor agreement; and tract or agreement; and
b. Arises out of the ownership, maintenance or
b. Is caused, in whole or in part, by your acts or
use of that part of any premises leased to
omissions in the maintenance, operation or
use of equipment leased to you by such
you. equipment lessor.
The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions:
visions:
a. The limits of insurance provided to such
a. The limits of insurance provided to such equipment lessor will be the minimum limits premises owner, manager or lessor will be which you agreed to provide in the written the minimum limits which you agreed to pro- contract or agreement, or the limits shown on vide in the written contract or agreement, or the Declarations, whichever are less. the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any " bodily injury" or
b. The insurance provided to such premises property damage" that occurs, or " personal that owner, manager or lessor does not apply to: injury" or injury" caused by an of - 1) Any " bodily injury" or " property damage" fense that is committed, after the equipment that occurs, or "personal injury" or "adver- lease expires. tising injury" caused by an offense that is c. The insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises; or other insurance available to such equipment 2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or
c. The insurance provided to such premises non- contributory With, such other insurance, owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non- contributory with, such other into such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS — PERMITS the written contract or agreement that this inbe The following is added to SECTION 11 — WHO IS surance must primary to, or nonAN INSURED:
contributory with, such other insurance, in
which case this insurance will be primary to, Any state or political subdivision that has issued a and non- contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required
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by any ordinance, law or building code to include
as an additional insured on this Coverage Part is
an insured, but only with respect to liability for
bodily injury", " property damage", " personal injury" or " advertising injury" arising out of such operations.
The insurance provided to such state or political
subdivision does not apply to:
a. Any " bodily injury," " property damage," " personal injury' or " advertising injury" arising out of operations performed for that state or political subdivision; or b. Any " bodily injury" or " property damage" included in the " products -completed operations hazard".
J. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE
The following is added to Paragraph 2., Duties In
The Event of Occurrence, Offense, Claim or
Suit, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:
e. The following provisions apply to Paragraph
a. above, but only for the purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2.
of Section II — Who Is An Insured:
1) Notice to us of such " occurrence" or offense must be given as soon as practicable only after the " occurrence" or offense is known by you ( if you are an individual),
any of your partners or members who is
an individual ( if you are a partnership or
joint venture), any of your managers who
is an individual ( if you are a limited liability
company), any of your " executive officers" or directors ( if you are an organization other than a partnership, joint venture or limited liability company) or any " employee" authorized by you to give notice of an " occurrence" or offense.
2) If you are a partnership, joint venture or
limited liability company, and none of your
partners, joint venture members or managers are individuals, notice to us of such occurrence" or offense must be given as
soon as practicable only after the " occurrence" or offense is known by:
COMMERCIAL GENERAL LIABILITY
ii) A manager of any limited liability
company; or
iii) An executive officer or director of
any other organization;
that is your partner, joint venture
member or manager; or
b) Any " employee" authorized by such
partnership, joint venture, limited liability company or other organization to give notice of an " occurrence" or
offense.
3) Notice to us of such " occurrence" or of an
offense will be deemed to be given as
soon as practicable if it is given in good
faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us
of the " occurrence" or offense as soon as
practicable after any of the persons described in Paragraphs e. ( 1) or ( 2). above discovers that the " occurrence" or offense
may result in sums to which the insurance
provided under this Coverage Part may
apply.
However, if this Coverage Part includes an endorsement that provides limited coverage for bodily injury" or " property damage" or pollution
costs arising out of a discharge, release or escape of " pollutants" which contains a requirement that the discharge, release or escape of " pollutants" must be reported to us within a specific number of days after its abrupt commencement,
this Paragraph e. does not affect that requirement.
K. UNINTENTIONAL OMISSION
The following is added to Paragraph 6., Representations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:
The unintentional omission of, or unintentional
error in, any information provided by you which
we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect
additional premium or to exercise our rights of
cancellation or nonrenewal in accordance with
applicable insurance laws or regulations.
L. BLANKET WAIVER OF SUBROGATION
a) Any individual who is: The following is added to Paragraph 8., Transfer 1) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:
CG D3 16 11 11 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 6962878722/ 25 GL/ AU/ UMB/ WC I Annette Rome— 1 8/ 8/ 2022 11: 95: 50 AM ( PDT) I Page 8 of 13 This certificate cancels and supersedes ALL previously issued certificates.
COMMERCIAL GENERAL LIABILITY
If the insured has agreed in a contract or agreement to waive that insured' s right of recovery against any person or organization, we waive our
right of recovery against such person or organization, but only for payments we make because of:
a. " Bodily injury" or " property damage" that occurs; or b. " Personal injury" or " advertising injury"
caused by an offense that is committed;
subsequent to the execution of that contract or
agreement.
M. AMENDED BODILY INJURY DEFINITION
The following replaces the definition of " bodily
injury" in the DEFINITIONS Section:
3. " Bodily injury" means bodily injury, mental
anguish, mental injury, shock, fright, disability,
humiliation, sickness or disease sustained by
a person, including death resulting from any
of these at any time.
N. CONTRACTUAL LIABILITY — RAILROADS
1. The following replaces Paragraph c. of the
definition of "insured contract" in the DEFINITIONS Section:
c. Any easement or license agreement;
2. Paragraph f.(1) of the definition of " insured
contract" in the DEFINITIONS Section is deleted.
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CG D3 16 11 11
8105P8053352226G
Empire Pipe Cleaning & Equipment Inc. COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A. i., Who Is
An Insured, of SECTION 11— COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A. 1.,
Who Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the " bodily injury" or
property damage" occurs and that is in effect
during the policy period, to be named as an additional insured is an " insured" for Covered Autos Liability Coverage, but only for damages to which
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an " insured"
under the Who Is An Insured provision contained
in Section 11.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A. 1.,
Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE:
An " employee" of yours is an " insured" while
operating an " auto" hired or rented under a
contract or agreement in an " employee' s"
name, with your permission, while performing
duties related to the conduct of your business.
2. The following replaces Paragraph b. in B. 5.,
Other Insurance, of SECTION IV — BUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered " autos" you own:
1) Any covered " auto" you lease, hire,
rent or borrow; and
2) Any covered " auto" hired or rented by
your " employee" under a contract in
an " employee' s" name, with your
CA T3 53 0215 0 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 6962878722/ 23 GL/ AU/ UMB/ WC I lmn LLe Romero 18/ 8/ 2022 11: 43: 50 AM ( PDT) I Page 10 of 13 This certificate cancels and supersedes ALL previously issued certificates.
COMMERCIAL AUTO
permission, while performing duties a) With respect to any claim made or " suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions
However, any " auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a
Rico and Canada:
covered " auto". I) You must arrange to defend the " in - D. EMPLOYEES AS INSURED sured" against, and investigate or set - tle any such claim or " suit" and keep
The following is added to Paragraph A. 1., Who Is us advised of all proceedings and ac - An Insured, of SECTION 11— COVERED AUTOS tions.
LIABILITY COVERAGE:
ii) Neither you nor any other involved
Any " employee" of yours is an " insured" while us- insured" will make any settlement ing a covered " auto" you don' t own, hire or borrow without our consent. in your business or your personal affairs.
iii) may, at our discretion, participate
E. SUPPLEMENTARY PAYMENTS — INCREASED
inin defending the " insured" against, or
LIMITS
in the settlement of, any claim or
1. The following replaces Paragraph A. 2. a.( 2), suit". of SECTION 11— COVERED AUTOS LIABIL- iv) We will reimburse the " insured" for ITY COVERAGE:
sums that the " insured" legally must
2) Up to $ 3, 000 for cost of bail bonds ( in- pay as damages because of " bodily cluding bonds for related traffic law viola- injury" or " property damage" to which tions) required because of an " accident" this insurance applies, that the " in - we cover. We do not have to furnish sured" pays with our consent, but these bonds, only up to the limit described in Para -
2. The following replaces Paragraph A. 2. a.( 4), graph C., Limits Of Insurance, of of SECTION 11— COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE.
4) All reasonable expenses incurred by the v) We will reimburse the " insured" for insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $ 500 a day be- with our consent for your investigacause of time off from work. tion of such claims and your defense the " insured" against any such
F. HIRED AUTO — LIMITED WORLDWIDE COVsuit",but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph ( 5) in Para- graph C., Limits Of Insurance, of graph B. 7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to
5) Anywhere in the world, except any country or
make such payments ends when we
jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and prosettlements or defense expenses. hibits the transaction of business with or b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the " insured" whether primary, excess, auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less c) This insurance is not a substitute for re - and that is not an auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your " employees", country outside the United States, its ter - partners ( if you are a partnership), members ritories and possessions, Puerto Rico and if you are a limited liability company) or Canada.
members of their households.
Includes copyrighted material of Insurance Services Office, Inc. with its permission. 5962878722/ 23 GL/ AU/ UMP/ WC I Annette Romero 18/ 8/ 3032 11. 43: 50 AM ( PDT) I Page 11 of 13 This certificate cancels and supersedes ALL previcusly issued certificates.
You agree to maintain all required or
compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory insurance requirements. d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories
and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D., Deductible, of SECTION III — PHYSICAL DAMAGE COVERAGE:
No deductible for a covered " auto" will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of Paragraph A. 4.b., Loss Of Use Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE:
However, the most we will pay for any expenses
for loss of use is $ 65 per day, to a maximum of
750 for any one " accident".
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
The following replaces the first sentence in Paragraph A. 4. a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE:
We will pay up to $ 50 per day to a maximum of
1, 500 for temporary transportation expense incurred by you because of the total theft of a covered " auto" of the private passenger type.
J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Coverage Extensions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE:
Personal Property
We will pay up to $ 400 for " loss" to wearing apparel and other personal property which is:
1) Owned by an " insured"; and
COMMERCIAL AUTO
2) In or on your covered " auto".
This coverage applies only in the event of a total
theft of your covered " auto".
No deductibles apply to this Personal Property
coverage.
K. AIRBAGS
The following is added to Paragraph B. 3., Exclusions, of SECTION III — PHYSICAL DAMAGE COVERAGE:
Exclusion 3. a. does not apply to " loss" to one or
more airbags in a covered " auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A. 1. b. and A. 1. c., but
only:
a. If that " auto" is a covered " auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated.
We will pay up to a maximum of $ 1, 000 for any
one " loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A. 2. a., of
SECTION IV — BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized representative prompt notice of the " accident" or " loss" applies only when the " accident" or " loss" is known to:
a) You ( if you are an individual);
b) A partner ( if you are a partnership);
c) A member ( if you are a limited liability company); d) An executive officer, director or insurance
manager ( if you are a corporation or other organization); or e) Any " employee" authorized by you to give notice of the " accident" or " loss".
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A. S., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — BUSINESS AUTO CONDITIONS:
S. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the extent required of you by a written contract signed and executed prior to any " accident"
or "loss", provided that the " accident" or "loss"
arises out of operations contemplated by
CA T3 53 02 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 6962878722/ 23 GL/ AU/ U14B/ WC I A_ tte Romero 18/ 3/ 2022 11: 93: 50 ADI ( PDT) I Page 12 of 13 This certificate cancels and supersedes ALL previously issued certificates.
COMMERCIAL AUTO
such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. HowN. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col -
The following is added to Paragraph B. 2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal.
SECTION IV — BUSINESS AUTO CONDITIONS:
Includes copyrighted material of Insurance Services Office, Inc. with its permission. 6962878722/ 23 GL/ AU/ UMB/ WC I F_nnette Romero 1 8/ 8/ 2022 11: 93: 50 AM ( PDT) I Page 13 of 13 This certificate cancels and supersedes ALL previously issued certificates.