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Erosion Control Specialists AgreementsTRANSMISSION VERIFICATION REPORT TIME : 10/19/2005 11:40 NAME : ROLLING HILLS CITY FAX 31©3777208 TEL : 3103771521 SER.# : EROG5J303281 DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 10/19 11:36 17148496063 00:03:20 09 OK STANDARD ECM Pd City 4 /eOtILfJ JUL INCORPORATED JAN UAr 74, 1957 FAX COVER SHEET DATE:. 10/1q {ct Loc,k1CAA., /0.5 TO: �.5 E-tqc. 6h CaVVII V.Otiti:A3 i't4)_9-€O'6 FAX: NO. 2 PORTUGUESE BENO ROAD ROLLING MILLS, CALIF. 97274 (310) .77.1521 FAX: (31 0) 377.7288 E -m211: cityofrh@acI, Om TIME SENT. 11 : 15. cc- r ''"• FROM: CV. ti W � S OPERATOR: SUBJECT: v.)!K' f:: ,1113C- REMARKS:RKS: --r t2_4(t 0c- . Icoat (rxuLJ2...te,p4, T61 -4-4-r-. "cw4)12-1:44 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the City Manager and attested by the City Attorney, by and between Erosion Control Specialists, hereinafter referred to as the "CONTRACTOR" and the City of Rolling Hills, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the emergent nature of the work the City did not issue a Notice Inviting Sealed Bids or Proposals, but accepted the bid of CONTRACTOR Erosion Control Specialists and; WHEREAS, City Council has previously authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Poppy Trail Landslide Erosion Control and Winterization in the City of Rolling Hills. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work pursuant to Section 20168 of the California Public Contract Code for the Poppy Trail Landslide Erosion Control and Winterization in the City of Rolling Hills. The work shall be performed in accordance with its proposal dated October 12, 2005, which is incorporated herein by reference and attached -hereto as Exhibit A. Notwithstanding the foregoing, the City reserves the right at it's sole discretion to increase, decrease, delete, or add to this scope of work, or, to enter into any agreements with others to complete any portion of this work. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Scope of Work incorporated herein by reference as Exhibit A and made a part hereof with like force and effect as if set forth in full herein. The Exhibit A, CONTRACTOR'S Proposal dated October 12, 2005, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within 15 working days from the date of the notice to proceec.. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as 1 • 1 proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires 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 work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Rolling Hills and Rolling Hills Community Association, a private corporation, its officers, agents and employees, and any other parties specified in the proposal to be so included; { 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within five (5) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. The CONTRACTOR also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 3 • • 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, 4 • • employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Lndemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages, which may have been required under this Agreement, or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the In.demnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in Exhibit A in accordance with CONTRACTOR'S Proposal dated OCTOBER 12, 2005. 5 • 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 851583-D64 16761 Viewpoint Lane, Suite #074 Huntington Beach, CA 92647 Date By: Jason Locklin TITLE CITY OF ROLLING HILLS, CALIFORNIA By: CRAIG NEALIS, CITY MANAGER Date ATTEST: By: DEPUTY CITY CLERK Date CONTRACTOR'S Business Phone (909) 753-9637 Emergency Phone at which CONTRACTOR can be reached at any time: (909) 753-9637 APPROVED AS TO FORM: CITY ATTORNEY DATE: 6 310 937 1470 • P. 02 OCT-13-2005 02:42 PM ECS • iq GODFREY PE),INELL, D.D.S. Mayor B. ALLEN LA9: Mayor Pro Tarp DR. JAMES PACK Count lmemb•i THOMAS F. H: NSHEIMER Councllmernbri.? FRANK E.1111411 Councllmemb%)' Ct 0/ /eD tL int Jhi Octobeil4, 2005 VIA O11ERNIGHT MAIL Mr. Jas`4n Locklin Erosion dControl Specialists 16761 \ iewpoint Lane, Suite #074 Huntington Beach, CA 92647-4772 Dear Locklin: Exhibit A PIc i?i','C'fMTSD 1. l.ILla :Y ';r.. '9:1 NO. 2 PORTUGUESE SEND ROAD ROLLING HILLS, CALIF, 90274 (310) 377.1521 FAX: (310) 377.7288 E•mall: cltyofrhaaol.com Encloseill please find the erosion control/winterization plan prepared by Bolton Engine, ring for the City -owed property and #4 Poppy Trail. Your submission of a bid for con-letion of this work will be appreciated. You are only to provide a bid for the items that have been highlighted in florescent ink on the attachedplan. Ye ' ai bid snail includel�all costs for equipment, labor, material and any other items nec4ssary to comple,.e this job. This will be a prevailing wage job per City requirements. Bids are required to be submitt() d. by October 12, 2005 at 4:00 p.m. Please provide a separate price for each of the folltaiving components of this work: 1. Placement of plastic sheeting as specified on the plan. 2. 5��ndbags placement as specified on the plan. 3. CVompaction of surfaces as specified on the plan. 4. /, bove ground drainage devices as specified on the plan. 5. 7V tat bid Price. Thank NI6u for your cooperation. Since relb y, raig RIpealis City Ma,:,lager CRN:m'11`k O9 -2l;• )5errn; bnbid.lincic,c ,see Led P o pc 5 . L ®Pnrilra nn,iecyr.Ir:A OCT-13-2005 02:43 PM ECS 310 937 1470 P.03 • Erosion Control Specialists • Ca License #851583 Octt; ber 12, 2005 AttrCraig Nealis City `of Rolling Hills #2 F)rtuguese Bend Rd. Roll )ng Hills, Ca 90274 Dea' Craig, We .E 'ropose to furnish labor and materials for the Poppy Trail project excluding all work prod. )sed on the upper property of Poppy Trail #1 in rolling hills, Ca. Thei services will be completed in accordance with industry standards and will comply with1 ll laws. Prevailing wages.are in affect on this project and will be used per city requ rements. 1. S to mobilization 2. Cl.Smpaction of slope with sheeps foot according to erosion control plan. 3. PIa cement of plastic sheeting according to plan and specified in detail 1 of the erosion control plan. 4. P`i cement of gravel -bags according to plan. 5. I4stallation of above ground drainage devices as specified in plan, 6. S+te de -mobilization. Our rice for performing the work is $38,320. As soon as we have your approval we can comil ence work. This ork is an attempt to prevent further slope movement but, Erosion Control Spec ,alists will not be held liable for any further movement of the slope and any corre:'ponding damage or injury relating to such. It is llghly recommended that the plastic sheeting and corresponding drainage system be main) wined throughout the rainy season. The measures are temporary and must be maintained to keep there proper integrity. Maintenance services are not included in this props al but can be provided throughout the rainy season upon request and based on avail bility. Since ely, 3aSor (.ockl n Erosi90 Control Specialists 909-'.',53-9637 Fax i 4-849-6063 Jason i ecspecialists.com Erosion Control Specialists 16761 Viewpoint Ln, Ste # 074 Huntington Beach, Ca (S00) 376-1015 1 (909) 753-9637 ECSPECIALISTS,COM ❑c-. 3-2005 02:42 PM ECS • 310 937 1470 P. 01 TO: iraig Nealis COME, NV: - 'ity of Rolling Hills 1 AIC r .IMDER: /0-377-7288 Erosion Control Specialists PACSTMILEJ TRANSMITTAL SHEET FROM: 'Jason Locklin ECS DATE{, 10/12/2005 PHON NUMBER: 10-377-1521 RE; . ulterizatiof Bid l VI';ENT 0 toil REVIEW 0 PLEASE COMMENT 0 PLEASE. REPLX 0 PLEASE RECYCLE NOT1.1,1(COMMENTS: Tharil, you Craig please give me a call if you have any questions. TOTAL NO, OF PAGES INCLUDING COVER: 3 S1'.NbVR'S REFERENCE NUMBER; YOUR REFERENCE NUMBER: Jason, 16761 VIEWPOINT LN, #074 HUNTINGTON BCI-1, CA 92647 8(}0.376-10'15 CELL 909-753-9637 FAX 714-849.6063 ECSPECIALISTS.COM OCT: -2005 02:42 PM ECS 310 937 1470 P.02 city o/ AM. GODFREY PE),INELL, D.D.S. Mayor B. ALLEN LA'jy Mayor Pro Te!{ DR. JAMES BI'ACK Coun0llmemb,i' THOMAS F. HI,iNSHEIMER Councilmombr i, FRANK E. HILgy Counellmem0.)' Octobei! 4, 2005 VIA OqRWIGHT MAIL Mr. Jasn Locklin Erosior`1Control Specialists 16761 Nitewpoint Lane, Suite #074 Huntin `ton Beach, CA 926474772 Dear Locklin: •••—niiitt PIT;(:)RpCmi.\Tcl1 l;i,lllct.Y 'id '9:-; NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF, 90274 (310) 377.1521 FAX: (310) 377.7288 E•mell: cltyo(rheaol.com EncloserI please find the erosion control/winterization plan prepared by Bolton Enginer; ing for the City -owed property and #4 Poppy Trail. Your submission of a bid for corr�� letion of this work will be appreciated. You are only to provide a bid for the items tl•i t have been highlighted in florescent ink on the attached plan. Your bid snarl include alx costs for equipment, labor, material and any other items necessary to complet;b this job. This wi)l be a prevailing wage job per City requirements. Bicls are required to be submiti,d.by October 12 2005 at 4:00 p.m, Please provide a separate price for each of the follc;:,14ving components of this work: 1, Iacement of plastic sheeting as specified on the plan. 2. .5Iu ndbags placement as specified on the plan. 3. Cl;iompaction of surfaces as specified on the plan. 4. 4bove ground drainage devices as specified on the plan. 5. 11,btal bid Price. Thank ,‘;!au for your cooperation. Sincerelji, r ! yu F raig R111Vealis City Ma,:?alter CRN:m:�`t�t 1k9 -2A 05em;onbid•Itr.doc See iced » opo.5ai. 6)Pnril er_i ern Racyclyd P,mm OCT-13-2005 02:43 PM ECS P.03 • Erosion Control Specialists October 12, 2005 310 937 1470 • Ca License #851583 Attr Craig Nealis Cityl of Rolling Hills #2 F' irtuguese Bend Rd. Rolling Bills, Ca 90274 Dea:'uk Craig, We .'repose to furnish labor and materials for the Poppy Trail project excluding all work prop�5sed on the upper property of Poppy Trail #1 in rolling hills, Ca. The:s(?. services will be completed in accordance with industry standards and will comply withtttl11 laws. Prevailing wages are in affect on this project and will be used per city requ9 i'ements. 1. Site mobilization 2. C ,mpaction of slope with sheeps foot according to erosion control plan. 3. Pivacement of plastic sheeting according to plan and specified in detail 1 of the tiirosion control plan, 4. Placement of gravel -bags according to plan. 5.Ir��stallation of above ground drainage devices as specified in plan. 6. Site de -mobilization. Our 11 ice for performing the work is $38,320. As soon as we have your approval we can comic•• ence work. This ork is an attempt to prevent further slope movement but, Erosion Control Spec1 ists will not be held liable for any further movement of the slope and any corre�; ponding damage or injury relating to such. It is )nghly recommended that the plastic sheeting and corresponding drainage system be m ined throughout the rainy season. The measures are temporary and must be main4prned to keep there proper integrity. Maintenance services are not included in this propti! bal but can be provided throughout the rainy season upon request and based on avail.:�ility. Since ely, as4,ockl Erosit:p Control Specialists 909- ,3-9637 Fax '14-849-6063 Jason; ecspecia.lists.com • Erosion Control Specialists 16761 Viewpoint Ln. Ste # 074 Huntington Beach, C4 (800) 3764015 0091 753-9637 ECSPECIALISTS,COM OCT-13-2005 02:42 PM ECS GODFREY PEI,INELL, D.D.S. Mayor B. ALLEN LA'LI Mayor Pro Ter DR. JAMES BIIACK Counollmombi`` THOMAS F. H:, NSHEIMER Councllmembr i, FRANK E. HILL( Councllmembr 310 937 1470 P.02 111 411 o/ ieji'n Octobeiy 4, 2005 VIA UkRIWIIGHT MAIL Mr. Jas'n Locklin Erosior`r�Control Specialists 16761 ` Lewpoint Lane, Suite #074 Huntington Beach, CA 92647-4772 Dear 10, Locklin: Exhibit A INC;OP.P(IRArSD 1AbILMI7IY ':L., '911 NO.2 PORTUGUESE SEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX; (310) 377.7238 E.mall: cltyofrhSaol.com Enclos€ please find the erosion control/winterization plan prepared by Bolton Enginer;ring for the City -owed property and #4 Poppy Trail. Your submission of a bid for corrbletion of this work will be appreciated. You are only to provide a bid for the items that have been highlighted in florescent ink on the attached plan. Your tir bid shall include }a11 costs for equipment, labor, material and any other items necessary to complelb this job. This wi).l be a prevailing wage job per City requirements. Bids are required to be submittl,�cl by October 12, 2005 at 4:00 p.m. Please provide a separate price for each of the foll6ving components of this work: 1. Placement of plastic sheeting as specified on the plan. 2. `Ondbags placement as specified on the plan. 3. (I.4ompaction of surfaces as specified on the plan. 4. 4bove ground drainage devices as specified on the plan. 5. 1j btal bid Price. Thank ;t'au for your cooperation. SincereI T, Ala raig R1,1Nealis City Ma,;tager CRN:m'I`r(c 09-28•05ero nbid•Itr.doc $ ii914° $ p70/7,5&i. (.i ePrune_I on Rvacyclr., a:uini OCT-13-2005 02:43 PM ECS 310 937 1470 P. 03 • Erosion Control Specialists Octi; er 12, 2005 • Ca License #851583 Attr Craig Nealis City' of Rolling Hills #2 Firtuguese Bend Rd. Roll ng Hills, Ca 90274 Dee. ,1Craig, We Jropose to furnish labor and materials for the Poppy Trail project excluding all work pro4lii4sed on the upper property of Poppy Trail #1 in rolling hills, Ca. Thes services will be completed in accordance with industry standards and will comply witli``Il laws. Prevailing wages are in affect on this project and will be used per city requirements. 1. Sete mobilization 2. C 'Smpaction of slope with sheeps foot according to erosion control plan. 3. P��acement of plastic sheeting according to plan and specified in detail 1 of the rosion control plan, 4. P`� cement of gravel -bags according to plan. 5. Ir,istallation of above ground drainage devices as specified in plan, 6. Sete de -mobilization. Our ice for performing the work is $38,320. As soon as we have your approval we can comience work, This ork is an attempt to prevent further slope movement but, Erosion Control Spec lists will not be held liable for any further movement of the slope and any corre�: ponding damage or injury relating to such. It is highly recommended that the plastic sheeting and corresponding drainage system be main iained throughout the rainy season. The measures are temporary and must be main pined to keep there proper integrity. Maintenance services are not included in this propi,s al but can be provided throughout the rainy season upon request and based on avaiL,1l�ility. Since e.ly, asr .ockl n Erostip Control Specialists 909-' $3-9637 Fax"; 4 -849-6063 Jason' ecspecialists.com Erosion Control Specialists 16761 Viewpoint Ln, Ste k 074 Huntington Beach, CA (800) 376-1015 P09)753-9637 ECSPECIALISTS,COM • Ci1y 0/ A yen 1 INCORPORATED JANUARY 24, 1957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember October 25, 2005 VIA FAX AND REGULAR MAIL Mr. Jason Locklin Erosion Control Specialists 16761 Viewpoint Lane, Suite #074 Huntington Beach, CA 92647-4772 Dear Mr. Locklin: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com (mil + CC 115+„ p -c -cm -it trvaic- Thank you for submitting the appropriate insurance information relative to the enclosed contract. This letter shall serve as your formal notice to proceed. We understand you will begin this job on Monday, October 31, 2005. Please contact the following individuals prior to commencement of work to coordinate the movement of equipment and activity in the work area: Mr. Dutch Philips Dutch Philips Engineering Company P. O. Box 7834 Laguna Niguel, CA 92607 (949) 643-2239 — Office Phone Mr. Ross Bolton Bolton Engineering Corporation 707 Silver Spur Road, Suite 201 Rolling Hills Estates, CA 90274 (310) 544-6010 — Office Phone Please be sure to inspect the slide mass and appropriately mark the land movement monitoring devices so they will not be damaged during your work. Also, please do not damage or remove the property line markers that have been placed by Bolton Engineering. All of your work -per the plan prepared by Bolton Engineering is on the City owned property and #4 Poppy Trail only. We also request that you take every precaution to minimize any damage to the asphalt surface of the "ATV/Emergency Vehicle" access. Residents and emergency vehicles will be utilizing the ATV access during your activities. @Pr',lied Uri Rscydec P>;;-,rii Please contact this office at your earliest convenience if you wish to discuss any of these matters further. We appreciate all of your help. Sincerely, Craig R. Nealis City Manager CRN:en 10-21-05erosionCtrl-ltr.doc CC: Mike Reader, Group Delta Ross Bolton, Bolton Engineering Dutch Philips, Philips Engineering Roger Vink, RHCA Architectural Inspector Yolanta Schwartz, Planning Director AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the City Manager and attested by the City Attorney, by and between Erosion Control. Specialists, hereinafter referred to as the "CONTRACTOR" and the City of Rolling Hills, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the emergent nature of the work the City did not issue a Notice Inviting Sealed Bids or Proposals, but accepted the bid of CONTRACTOR Erosion Control Specialists and; WHEREAS, City Council has previously authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Poppy Trail Landslide Erosion Control and Winterization in the City of Rolling Hills. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work pursuant to Section 20168 of the California Public Contract Code for the Poppy Trail Landslide Erosion Control and Winterization in the City of Rolling Hills. The work shall be performed in accordance with its proposal dated October 12, 2005, which is incorporated herein by reference and attachedhereto as Exhibit A. Notwithstanding the foregoing, the City reserves the right at it's sole discretion to increase, decrease, delete, or add to this scope of work, or, to enter into any agreements with others to complete any portion of this work. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Scope of Work incorporated herein by reference as Exhibit A and made a part hereof with like force and effect as if set forth in full herein. The Exhibit A, CONTRACTOR'S Proposal dated October 12, 2005, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within 15 working days from the date of the notice to proceec. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires 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 work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Rolling Hills and Rolling Hills Community Association, a private corporation, its officers, agents and employees, and any other parties specified in the proposal to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within five (5) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance requiredinparagraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. The CONTRACTOR also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 3 • • 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed b the laws of the State of California having to do with working hours set forth in Division 2 Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, 4 • employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages, which may have been required under this Agreement, or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in Exhibit A in accordance with CONTRACTOR'S Proposal dated OCTOBER 12, 2005. 5 OCT-25-2005 06:46 AM ECS 10/19/2005 11:36 3103777 310 1470 ROLLING HILLS CITY P.02 PAGE 07/08 124 TEE jI j T. : This agreement may be terminated by the City, without cause, upl. the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice, In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessari y incurred prior to the effective date of termination. 11's WX'INESS WHEREOF, the parties hereto have executed this Agreement with all the forrnmlities required by law on the respective dates set forth opposite their signatures. State of California "CONTR. kCTOR'S" License No. 85&3-D64 16761 Viewpoint Lane, Suite #074 Huntington Beach, CA 92647 Date_L `i j25 By: CITY O 'ROLLING HILLS, CALIFORNIA By:.� Date Date CONTR iCTOR'S Business Phone (909) 7539637 Emerge cy Phone at which CONTRACTOR can be reached at any tittle: (909) 753-9637 O'+ D AS .t a FORM: DATE: 10 -1-,2&/-01' 6 310 937 1470 P.02. Cit G./ Ieo/L4,L GODFREY PEI,JNELL, D.D.S. Mayor B. ALLEN LA`1i; Mayor Pro terI DR. JAMES EliACK Coundlmembr� THOMAS F. Ht yINSHEI6+ER Councllmemb.i: FRANK E. HIL1.0 Councllme:r+b • Exhibit A (Lta I; I,a:'t . i I .\r:h r1:1"!n. '• q.-� NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 50274 (310) 377.1521 FAX: (310)377.7M E•meil: cityo!miaol corn Octobe! 4, 2005 VIA OT!ERNIGHT MAIL Mr. JasIn Locklin ErosiorI Control Specialists 16761 \ittewpoint Lane, Suite #074 Huntington Beach, CA 92647-4772 Dear /\./1j1 . Locklin: Enclosed please find the erosion control/winterization plan prepared by Bolton Engineri ring for the City -owed property and #4 Poppy Trail. Your submission of a bid for corrl letion of this work will be appreciated. You are only to provide a bid for the items that have been highlighted in florescent ink on the attached plan. Yclit bid shall include' ll costs for equipment, labor, material and any other items nec4ssaty to complete this job. This wi`l be a prevailing wage job per City requirements. Bids are required to be submiti;cl by October 12, 2005 at 4:00 p.m. Please provide a separate price for each of the fol]1;,4vingcomponents of this work: 1. 1lacement of plastic sheeting as specified on the plan. 2. `�,lndbags placement as specified on the plan. 3. (i.ompaction of surfaces as specified on the plan. 4. 1�,'bove ground drainage devices as specified on the plan. 5. 71:tat bid Price. Thank ,1;'Su for your cooperation. Sincereltly, `la raig NNealis City Ma,:pager CRN:m'fk 09.2Ad15erc;pnbid•Itudnc See $J $ Ott $ 3 8' 3 2.0 a -Hae Ice d P/07o..S -1. ®I'nntcd ru. li^.cyrar:A �':,r,.,r V V i- L J -Lb GJ YJ L: 4.5 ,- i1 E U S • Erosion Control Specialists 310 937 1470 • Ca License #851583 0cb: ber 12, 2005 Attr Craig Nealis Cityl'of Rolling Hills 42 Ft' rtuguese Bend Rd. Rolling Hills, Ca 90274 Dearl Craig, We impose to furnish labor and materials for the Poppy Trail project excluding all work proplAsed on the upper property of Poppy Trail #1 in rolling hills, Ca. Thei; services will be completed in accordance with industry standards and will comply «ith.tall laws. Prevailing wages are in affect on this project and will be used per city requirements. 1. Slite mobilization 2. Cllmpaction of slope with sheeps foot according to erosion control plan. 3. P)lacement of plastic sheeting according to plan and specified in detail 1 of the tirosion control plan. 4. Placement of gravel -bags according to plan. 5. Installation of above ground drainage devices as specified in plan. 6. Site de -mobilization. Our er e ice for forminthe work r. p _ is $38,320. As soon as Nve have your approval we can comrl ence work. This l 'ork is an attempt to prevent further slope movement but, Er osion Control Spec t fists will not be held liable for any further movement of the slope and any corre� Iponding damage or injury relating to such. It is II ighly recommended that the plastic sheeting and corresponding i . po Ing drainage system be maintained throughout the rainy season. The measures are temporary and must be maintained to keep there proper integrity. Maintenance services are not included in this propti al but can be provided throughout the rainy season upon request and based on avail °tbility. Sincerely, asdr')..ockltn Erosr •n Control Specialists 909-7.)3-9637' Fax % 14-849-6063 Jason' efiecspecialists.com Ermlon Control Specialists 16761 Viewpoint Ln. Ste Is 074 Huntington Beae6, Ca (800) 376-10IS (909) 753-9637 ECSPECIAI.JSTS.CO%1 P. 03 Indemnity • mailbox:///Craig's%2OHD/Douments/Mozilla/Profiles/Craig%20Nea1... Subject: Indemnity From: "Michael Jenkins" <MJenkins@localgovlaw.com> Date: Mon, 21 Nov 2005 11:10:39 -0800 To: "Craig Nealis" <cnealis@cityofrh.net> Here is a clause that should satisfy him: Liability. City agrees to indemnify, hold harmless and defend at its expense Contractor from any and all claims, actions, losses, damages, charges, expenses or attorneys fees to which Contractor may be subject by virtue of Contractor entering the property at #1 Poppytrail Road and performing the work set forth in the scope of services in a professional manner as directed by the City. Notwithstanding the foregoing, the City s obligation under this Section shall not apply to liability incurred by Contractor for actions outside the scope of services or which result from wrongful or malicious conduct or negligence in the performance of the work, all as to which Contractor shall indemnify and hold City, its officers, agents and employees harmless. At first I considered limiting the,indemnity to just actions brought by Sheen. But, I suppose it is possible someone else could sue for aggravation of the landslide (i.e. another neighbor, such as #4 or Lacaze), so I left it a bit broader. 1 of 1 11/21/05 11:19 AM OF' ID FAX PHONE MOBILE A J A CODE MESSAGE SIGN '. PHONE CALL.) zy TIME : 10415..r UMBER EXTENSION PHONED RETURNED YOUR CALL PLEASE CALL WILL CALL AGAIN CAME TO SEE YOU WANTS TO SEE YOU ,� p ®$face. Item OD1154 1 KJ v�/I� ��v" DEPOT. skotekki TRANSMISSION VERIFICATION REPORT TIME : 10/25/2005 08:35 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 10/25 08:31 17148496063 00:03:39 11 OK STANDARD ECM eity 0/ Roilinv INCblRPORATEI] JANUARY 24, 1957 NO, 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) $77.1521 PAX: (314} $77.7288 E•mall: cityofrh)aol,Oom FAX COVER SHEET DATE: 2 { t� TIME SEND: . o 0_ -rn, TO: j t s, FROM: . C ;, i` e‹.1,(.5 art ` s FAX: cltLt) LOj. GG SUBJECT: OPERATOR: letti } - ye._ REMARKS: • TRANSMISSION VERIFICATION REPORT TIME : 10/25/2005 08:40 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SERA : BROG53303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 10/25 08:36 101081117148496063 00:03:58 11 OK. STANDARD ECM INCORPORATED JANUARY 24, 1957 FAX OVER SHEET DATE: 1 l'7 / i O S TO: J S L , FAX: SUBJECT: NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. SO 74 (310) 377.1 52 i FAX; OM) 377-7288 E -mall: cltyofrhpaol.com 'LIME SEND': 2 k rte. FROM: C4eCtrl. i\A'e.•c.... , .'S• CZCILVS LVI -eve_ CoWileak Lt gti !• GkoGB REMARKS: OPERATOR: , TRANSMISSION VERIFICATION REPORT TIME : 10/25/2005 08:24 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 10/25 08:23 READER 00: 01:45 03 OK STANDARD ECM eity0 RA. Aril& INCORPORATED JANUARY 24, I$57 FAX COVER SHEET DATE: 2- R7 5 TO: Milo Pea deg V R0 ks 6011" Dit/4.1 1,1X SUBJECT: REMARKS: TIME SENT: FROM; OPERATOR: N0,2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 0Q 74 11310) 377'1521 FAX; ;310) 377.7288 Email: CityofrhOaol.com 2,, 2.5 o... rY\ . kt' TRANSMISSION VERIFICATION REPORT TIME : 10/25/2005 08:28 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 10/25 08:27 DUTCH PHILIPS 00:00:28 03 OK STANDARD ECM City 4 Ie0/14. JI INCORPORATED JANUARY 24, 1957 FAX COVER SHEET DATE: 10 12-S1:05 TO: 1\40(e NAAR o&s 60(ttylk p4A/LL fk� f SUBJECT: REMARKS: V N0,2 PORTUGU SE BEND ROAD ROLLING HILLS, CALIF. 80274 {310) 377-1521 FAX: (310) 377-7288 E -mall: cltyafrhnagl.com TIME SENT: Y1\ . FROM: at-0t...i e.tJ rS OPERATOR: TRANSMISSION VERIFICATION REPORT TIME : 1012512005 63:26 NAME : ROLLING HILLS CITY FAX : 3103777233 TEL : 3103771521 SER.# : BROG5J303231 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 16125 63:25 BOLTON 00:01:16 03 OK STANDARD ECM City kollin INCORPORATED JANUARY 24, 1957 FAX O ER. SHEET DATE: l° Z I O TO: dke. NA cerZ os i30( r. ✓ pitAILj T l r NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 50274 (310) 377-1521 FAX: (310) 377-7288 E-mail: altyofrhreiaal.pom TIME SENT: 8 ' ,2., • r , FROM: cZ rya. OPERATOR: SUBJECT: REMARKS: Ftt • • Ci5 oil??P,..y ihl'L5 GODFREY PERNELL. D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember October 25, 2005 VIA FAX AND REGULAR MAIL Mr. Jason Locklin Erosion Control Specialists 16761 Viewpoint Lane, Suite #074 Huntington Beach, CA 92647-4772 Dear Mr. Locklin: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityolrhPaol.com Thank you for submitting the appropriate insurance information relative to the enclosed contract. This letter shall serve as your formal notice to proceed. We understand you will begin this job on Monday, October 31, 2005. Please contact the following individuals prior to commencement of work to coordinate the movement of equipment and activity in the work area: Mr. Dutch Philips Dutch Philips Engineering Company P. O. Box 7834 Laguna Niguel, CA 92607 (949) 643-2239 — Office Phone Mr. Ross Bolton Bolton Engineering Corporation 707 Silver Spur Road, Suite 201 Rolling Hills Estates, CA 90274 (310) 544-6010 — Office Phone Please be sure to inspect the slide mass and appropriately mark the land movement monitoring devices so they will not be damaged during your work. Also, please do not damage or remove the property line markers that have been placed by Bolton Engineering. All of your work per the plan prepared by Bolton Engineering is on the City owned property and #4 Poppy Trail only. We also request that you take every precaution to minimize any damage to the asphalt surface of the "ATV/Emergency Vehicle" access. Residents and emergency vehicles will be utilizing the ATV access during your activities. Please contact this office at your earliest convenience if you wish to discuss any of these matters further. We appreciate all of your help. Sincerely, cd/ Craig R. Nealis City Manager CRN:en 10-2 /-05erasiunCtrl •ltr.duc CC: Mike Reader, Group Delta Ross Bolton, Bolton Engineering Dutch Philips, Philips Engineering Roger Vink, RHCA Architectural Inspector Yolanta Schwartz, Planning Director AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the City Manager and attested by the City Attorney, by and between Erosion Control Specialists, hereinafter referred to as the "CONTRACTOR" and the City of Rolling Hills, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the emergent nature of the work the City did not issue a Notice Inviting Sealed Bids or Proposals, but accepted the bid of CONTRACTOR Erosion Control Specialists and; WHEREAS, City Council has previously. authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Poppy Trail Landslide Erosion Control and Winterization in the City of Rolling Hills. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall'furnish all necessary labor, tools, materials, appliances, and equipment for and do the work pursuant to Section 20168 of the California Public Contract Code for the Poppy Trail Landslide Erosion Control and Winterization in the City of Rolling Hills. The work shall be performed in accordance. with its proposal dated October 12, 2005, which is incorporated herein by reference and attachedhereto as Exhibit A. Notwithstanding the foregoing, the City reserves the right at it's sole discretion to increase, decrease, delete, or add to this scope of work, or, to enter into any agreements with others to complete any portion of this work. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Scope of Work incorporated herein by reference as Exhibit A and made a part hereof with like force and effect as if set forth in full herein. The Exhibit A, CONTRACTOR'S Proposal dated October 12, 2005, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within 15 working days from the date of the notice to proceed. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires 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 work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Rolling Hills and Rolling Hills Community Association, a private corporation, its officers, agents and employees, and any other parties specified in the proposal to be so included; • • 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within five (5) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. The CONTRACTOR also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 3 • • 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTORS on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen _ or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, 4 • . employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of orin connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages, which may have been required under, this Agreement, or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in Exhibit A in accordance with CONTRACTOR'S Proposal dated OCTOBER 12, 2005. 5 OCT-25-2005 06:46 10/19/2005 11:36 AM ECS 3103777' 310 937 1470 ROLLING HILLS OIT A/ P.02 PACE 07113 12 ZUMBSAIMT; This agreement may be terminated by the City, without cause, uP,, the giving of a written, "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the ate of termination specified in the notice. n the event of such neces ri y incurred prior to theOR e. shall£ tive date of termination. services rendered and expenses Ifi i WrrNESS WHEREOF, the parties hereto have executed this Agrreement with all the forte ities required by law or the respective dates set forth opposite their signatures. .V State of ( alifomla " CONTF. kCTOR'S" License No. $5583-D64 '[ t013 rl1 16761 Viewpoint Lane, Suite #074 Huntington Beach, CA 92647 By: CITY COROLLING HILLS, CALIFORNIA By: Date - Date CON'RJ CTOR'S Business Phone (909) 753-9637 Bmeisei cy Phone at which CONTRACTOR can be reached at any time: (909) 75 37 R D AS i e ISO : ATTEST: Ey: Zi1:4Tc DATE: I� ')t-i-o r 6 OCT-13-2005 02:42 PM ECS 310 937 1470 P.02 GODFREY PE}INELL. D.D.S• Mayor B. ALLEN LA`9I: Mayor Pro Ter DR. JAMES EI1ACK Councllmemb•i` THOMAS F. Hi tINSHEIMER Councllmemb, i FRANK E. HILIA Councllmemb!. • ofiee/inaJhid • Exhibit A NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377.1521 FAX: (3101 377.7288 E•mzll: cItyotrn:daol corn Octobeli! 4, 2005 VIA O'! �ERNIGHT MAIL Mr. Jas':)n Locklin ErosiorI Control Specialists 16761 \viewpoint Lane, Suite #074 Huntington Beach, CA 92647-4772 Dear MJI. Locklin: Enclos€1111 please find the erosion control/winterization plan prepared by Bolton Engine. ring for the City -owed property and #4 Poppy Trail. Your submission of a bid for con-roletion of this work will be appreciated. You are only to provide a bid for the items tl(lat have been highlighted in florescent ink on the attached plan. `lout bid seall includel ll costs for equipment, labor, material and any other items necessary to comple this job. This will be a prevailing wage job per City requirements. Bids are required to be submitOd by October 12, 2005 at 4:00 p.m. Please provide a separate price for each of the follt;a4ving components of this work: 1. Il lacement of plastic sheeting as specified on the plan. 2. `�3ndbags placement as specified on the plan. 3. Cl.pmpaction of surfaces as specified on the plan. 4. t1.1 l'bove ground drainage devices as specified on the plan. 5. 1 tal bid Price. Thank )f. u for your cooperation. Sincere]?, II raig R!�Nealis City Ma,:,;tager 09-2l-D5ero:. bnbld-ltr.dec See $ fci o $ 3 8, 3Z: O ` AC G� /'/ op0.5 Cc. -f . 11 t. �I'nrib_d nn li•3.yrir.A r':II'un OCT-13-2005 02:43 PM ECS 310 937 1470 P. 03 • • Erosion Control Specialists Ca License #851583 Ocb:�er 12, 2005 Attr Craig Nealis Citylof Rolling Hills I2 Frtuguese Bend Rd. Roll' ng Hills, Ca 90274 De a Craig, We ,ropose to furnish labor and materials for the Poppy Trail project excluding all work prow sed on the upper property of Poppy Trail #1 in rolling hills, Ca. The:lt! services will be completed in accordance with industry standards and will comply w'ith� ll laws. Prevailing wages are in affect on this project and will be used per city requirements. 1. Site mobilization 2. Cill mpaction of slope with sheeps foot according to erosion control plan. 3. PIacement of plastic sheeting according to plan and specified in detail 1 of the I rosion control plan. 4. Pacement of gravel -bags according to plan. 5. installation of above ground drainage devices as specified in plan. 6. Sae de -mobilization. Our ice for performing the work is $38,320. As r - soon as we have your approval we can comi) ence work. This l pork is an attempt to prevent further slope movement but, Erosion Control Spec�,�l fists will not be held liable for any further movement of the slope and any cone.ponding damage or injury relating to such. It is l ghly recommended that the plastic sheeting and corresponding drainage system be maintained throughout the rainy season. The measures are temporary and must be mainitined to keep there proper integrity. Maintenance services are not included in this props al but can be provided throughout the rainy season upon request and based on avail ;1bility. Sincerely, as� �.ocklln Erosion Control Specialists 909-'.1.,3-9637 Fax ; 14-849-6063 Jason' c✓ ecspecialists.com Ermloit Control Speclulinta 16761 Viewpoint In. Ste k 074 Huntington Beach, CR (800) 376-1015 (909) 753-9637 ECSPECIALISTS,CON1 OCT-25-2005 06:46 AM ECS 10/19/2005 11:36 3103777284110 310 937 1470 CLLING HILLS CITY P.02 PAi3E 07/09 12, u the TR ' J This agreemertt may be terminated by the City, without cause, p giving '. 'vin Hof a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarll& incurred prior to the effective date of termination,. i�l W AL. SS WHEREOF, the parties hereto have executed this Agreement with all m the for riities required by law on the respective dates set forth opposite their signatures. State of (1 lifornia "CONTR.18CTOR'S„ License No. Arae 16761 Viewpoint Lane, Suite #074 Huntington Beach, CA 92647 Date' rZ `1 :)5 By: TITLE CITY Or ROLLING HILLS, CALIFORNIA By: Date ,11 11111. CRAIG NEAL1 iTY MANAGER ATTEST: BY� D PU Y CITY CLERK ?ate CONTR. =WS Business Phone (909) 753-9637 Emergen`cy Phone at which CONTRACTOR can be reached at any time: (909) 753-9637 RO7+ D AS TO } ORM: APP A RIsTEY DATE: 6 OCT-25-2005 06:46 AM ECS 10/19/2005 11:35 310377725 310 937 1470 OLLING HILLS CITY . P. 01 PAGE 01/09 City 4/Qo/L4l INCORPORATED JANUARY 24, I9” FAX COVER SHEET DATE: � d I f � (0.5 TO: 44 J►"eektth0.• REMARKS: CCAt 4/' 2 NO.2 POR'TUOUSSE KENO ROAD neLLINO MILA,B, CALIF. 93771 (310) 372.1821 FAX: (a10I 377.7284 E M�II: cityofrhOaolmom TIME SENT: l l ' 5 ci-. fyy. FROM: CAecticq W ea, ' z valhAs OPERATOR: . Ite P1l► 12 yroilM TOTA PAGES (Including cover sheet): . ) If you ?eve difficulty receiving any pages, please telepiwne our switchboard at (310) 377-1521. REAL' TO: City of Roiling Hills - Fax No. (310) 377-7288 ) r'r.r 4,4110, tl' r-. OCT-25-2005 06:45 10/19/2005 11:38, AM ECS 310377720E 310 937 1470 P,, LLING HILLS CITY P.01 PAGE 01/@9 Cayofiedlin Jidio INCORPORATED JANUARY 24, 1967 FAX COVER SHEET fq 9 NO 2 PDRTUQUQ51° DHNI.7 ROAD I OLLIND MILLS, CALIF. 110077e (31Qa 37i•1521 !A>;: (3101077.7234 E•mell; nitVtl[rhOndi.0om OS" TIME SENT: 1 FROM: CA W e t TOTA L PAGES (Including cover sheet): If you lave difficulty receiving arty pages, please telephone our switchboard at (310) 317-1521• REPL• r TO: City of Rolling Hills - Fax No. (310) 377.7288 OPERATOR: ' ' • TRANSMISSION VERIFICATION REPORT TIME : 10/19/2005 11:40 NAME : ROLLING HILLS CITY FAX 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 10/19 11:36 17148496063 00:03:20 09 OK STANDARD ECM City ie0m JUL INCORPORATED JANUARY 24, 193 7 FAX COVER SHEET DATE: [0 (057' TO: 3 aScAirk. Loc,k( - FAX: R9 &).‘ CO AJ TIME SENT: FROM: _ p NO. 2 PORTUGUESE BENID ROAD ROLLING I•IILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7285 E•mall: citvafrh@aal,Gom 1 1 : 1 x • +1r'•jr+. .�• .,` ` a SUBJECT: loiceeheeKt- REMARKS: e.Alt` ojA oitzekaViLeAJ .___, k 1 ‘O.11,Q4-- E - ;., ., „_ o • AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the City Manager and attested by the City Attorney, by and between Erosion Control Specialists, hereinafter referred to as the "CONTRACTOR" and the City of Rolling Hills, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the emergent nature of the work the City did not issue a Notice Inviting Sealed Bids or Proposals, but accepted the bid of CONTRACTOR Erosion Control Specialists and; WHEREAS, City Council has previously authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Poppy Trail Landslide Erosion Control and Winterization in the City of Rolling Hills. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work pursuant to Section 20168 of the California Public Contract Code for the Poppy Trail Landslide Erosion Control and Winterization in the City of Rolling Hills. The work shall be performed in accordance with its proposal dated October 12, 2005, which is incorporated herein by reference and attached hereto as Exhibit A. Notwithstanding the foregoing, the City reserves the right at it's sole discretion to increase, decrease, delete, or add to this scope of work, or, to enter into any agreements with others to complete any portion of this work. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Scope of Work incorporated herein by reference as Exhibit A and made a part hereof with like force and effect as if set forth in full herein. The Exhibit A, CONTRACTOR'S Proposal dated October 12, 2005, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within 15 working days from the date of the notice to proceed. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as • • proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires 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 work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Rolling Hills and Rolling Hilts Community Association, a private corporation, its officers, agents and employees, and any other parties specified in the proposal to be so included; • 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within five (5) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. The CONTRACTOR also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 3 • • 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, 4 employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages, which may have been required under this Agreement, or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in Exhibit A in accordance with CONTRACTOR'S Proposal dated OCTOBER 12, 2005. 5 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 851583-D64 16761 Viewpoint Lane, Suite #074 Huntington Beach, CA 92647 Date By: Jason Locklin TITLE CITY OF ROLLING HILLS, CALIFORNIA By: CRAIG NEALIS, CITY MANAGER Date ATTEST: By: DEPUTY CITY CLERK Date CONTRACTOR'S Business Phone (909) 753-9637 Emergency Phone at which CONTRACTOR can be reached at any time: (909) 753-9637 APPROVED AS TO FORM: CITY ATTORNEY DATE: 6 Thank It'bu for your cooperation. Sincerelb, r / • td raig R.,1Nealis City Maf,llager CRN:m'k 10:3.28-05ercr,; bnbld•Itcdoc OCT-13-2005 02:42 PM ECS 310 937.1470 eit, Polling ,Alis GODFREY PE),INELL• D.D.S. Mayor B. ALLEN LA`ji: Mayor Pro Ter DR. JAMES BACK Coun_Nlmemb•i` THOMAS F. Hz NSHEIMER Councllmemb i! FRANK E. H1144 Councllmemb • P. 02 Exhibit A I; Ir;1) iC,l: \ TSD 111-.Il.1e4:1 • t,. '911 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 E•mell: cltyo)rhaaol.corn Octobe! 4, 2005 VIA OiiERNIGHT MAIL Mr. Ja4\n Locklin ErosiorgControl Specialists 16761 \itewpoint Lane, Suite #074 Huntington Beach, CA 92647-4772 Dear 14. Locklin: Enclose please find the erosion control/winterization plan prepared by Bolton Enginer:4ring for the City -owed property and #4 Poppy Trail. Your submission of a bid for con-raletion of this work will be appreciated. You are only to provide a bid for the items th4at have been highlighted in florescent ink on the attached plan. Your bid snail includeI 11 costs for equipment, labor, material and any other items necessary to comple, e this job. This will be a prevailing wage job per City requirements. Bids are required to be submitilld by October 12, 2005 at 4:00 p.rn. Please provide a separate price for each of the folltt:,ving components of this work: 1. Placement of plastic sheeting as specified on the plan. 2. c.1,1 ndbags placement as specified on the plan. 3. Cl.ompaction of surfaces as specified on the plan. $ C� 4. 11 Bove ground drainage devices as specified on the plan. $ -111-11 4 5. 11 tal bid Price. $ 313! - Z. p ,see a-biae_-1 d Pip o,5cc.-f $ 93-2_ $ D -11s9 1.i @Pnr1Psl un t1 cyrlrtl aanin `OCT-13-2005 02:43 PM ECS as 1 • 310 937 1470 P.03 It Erosion Control Specialists Ca License #851583 Octt:�er 12, 2005 Attr Craig Nealis City of Rolling Hills #2 Ertuguese Bend Rd. Roll )ng Hills, Ca 90274 Dea Craig, We E .ropose to furnish labor and materials for the Poppy Trail project excluding all work pro�sed on the upper property of Poppy Trail #1 in rolling hills, Ca, The services will be completed in accordance with industry standards and will comply withl``t 11 laws. Prevailing wages are in affect on this project and will be used per city ream ements. 1. Site mobilization 2. C. mpaction of slope with sheeps foot according to erosion control plan. 3. Pia cement of plastic sheeting according to plan and specified in detail 1 of the erosion control plan. 4. Placement of gravel -bags according to plan. 5. Tistallation of above ground drainage devices as specified in plan. 6. Site de -mobilization. Our f ice for performing the work is $38,320. As soon as we have your approval we can comil ence work. This ork is an attempt to prevent further slope movement but, Erosion Control Spec ,� lsts will not be held liable for any further movement of the slope and any corre:Iponding damage or injury relating to such. It is highly recommended that the plastic sheeting and corresponding drainage system be main dined throughout the rainy season. The measures are temporary and must be main tuned to keep there proper integrity. Maintenance services are not included in this props, al but can be provided throughout the rainy season upon request and based on avail :tbility. SincEiely, Jas .ocklm Erosii 1n Control Specialists 909-'.1.53-9637 Fax 7 14-849-6063 Jason, c�eespecialists.com �I Ernion Control Spectallets 16761 Viewpoint Ln. Ste !1074 Huntington Beach, Ca (800) 376-1015 (909) 7.53-9637 EC:SPECIALISTS.COM ACORQM CERTIFICATE OF LIABILITY INSURANCE- DATE (MM/DD/YYYY) 03/30/2005 PRODUCER (800) 450-8013 FAX (800) 434-8053 Target Financial & Insurance Services Li cense #0743582 6630 Flanders Drive San Di ego, CA 92121 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Erosion Control Special i sts 4339 W. 164th St. Lawnda I e , CA 90260 INSURER A: Lloyds of London INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1 TR INRRI' ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY WUG010308 02/14/2005 02/14/2006 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PRFMISFS (Fa nrnuranra) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY n PROT - I I I�I LOC JEC PRODUCTS - COMP/OP AGG $ 1,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS ;; APR d 1 �dt• 2005 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE accident) $ GARAGE LIABILITY ANY AUTO 1 CITY OF ROLLING By HILLS HILLS AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA O OCCUR LIABILITY $ C CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Rolling Hills and Rolling Hills Community Association, a private corporation, it's officers agents and employees are named Additional Insured. Endorsement to follow from carrier *10 day notice of cancellation for non-payment of premium / 30 days all others. Re: Poppy Hills Road Rolling Hills, CA Revised 03/31/2005 Supercedes all others. CERTIFICATE HOLDER CANCELLATION City of Rolling Hills Attn: Craig Neal is #2 Portuguese Bend Rd Rolling Hills, CA 90274 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH E SH5) IMPO$fi.Np OBLIGATION OR LIABILITY OF ANY KIND UPON THE ER, IT GEN O EPRESENTATIVES. AUTHORIZED REPRESEN?T>TIVE ACORD 25 (2001/08) FAX: (310) 377-7288 ©ACORD CORPORATION 1988 04/07/2005 10:39 0000000000 INSURANCE OFFICE PAGE 02/02 POLICY NUMBER: WUG-010308 WEI-0005-06-04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The City of Rolling Hills & Rolling Hills Community Assoc, A Private Corp. It's Officers, Agents & Employees #2 Portuguese Bend Rd. Rolling Hills , CA 90274 RE: Poppy Hills Rd., Rolling Hills, CA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11- Who Is An Insuredis amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B.Wth respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury", "property damage" occuring after: WEL0005-06-04 (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 1 of 1 OCT-25-2005 03:36 PM ECS 310 937 1470 P.01 10/24/2005 Ii 4:41 00000000 11, A- RQ CERTIFICATE OF LIABIL MODuoea 800)0a:1513 FAX (800434-8063 Target FInanclal & Insurance Services L.Icense #07431182 8630 FIenc1 r9` Drive San Diego, CA` 92121 en ontro pec a st Tel8i VI4mpolnt Lane #074 Hunt f ngtt n Beech, CA 92647 _OVERAGES I THS POLICIES OF IP!SURANCe LISTED BELOW HAVE BIEN ISSUED T4 THi INSURED NAMED WWI POR'ME POLICY PERIOD INDICATED. NNO1VATNITANDINO MAY PANY PERTA '4SURANUIPIMMIN, TERM NOOS C CONDITION aP ANY SY THE POLLICIIEST dR OTHER Descit eD HEREIN DOCUMENT SU JBOT TO wrrti ALL T THE TERMS, INCLUSIONH nits S ANTED CONDIISSUED TIONS OP SUCH POLICIES. AG RE_CI! Ts LIMITS SHOWN MAY HAYS SEEN REDUCED SY PAID CLAIMS. M11>klMasIMAMS PouCYNLI4 tuts' P411G�II9S TDt>s PoI.! P JPATteil' INSURANCE OFFICE PAGE 01/01 4MITTY f24MIMS$I{PIPA1. AeNeML LIABILITY ! CLASP WM oaotin II� t GENT. ADDRO ATI UST AMASS PER: POLKA' I.117 f LGC ALi pon$ILDI1ARILI'TT ANY AU T� Au,Q DAUTO'S 6CH�171 jAUTOO HMO AI� 19b li NoN•Ovel $ Auras li A aWRAGIUA1lTY w1ANY Aim!' mQ lU uIlitLA LLAINJTY Od0IR1 I 0 CLAIM WADI OQ T �9{t DI,f6 lI RET!NTrcII S I NP OYIR�' uAI3j ITTOtI APO, er r oII siveCUI1VG tAlAdIggfrOPO OTNIR f 18254 8 ITY INSURANCE I DAMprItpelfrfn 10/24/2006 Hl$ CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrIF!I HOLDER. TIES CIIRTIFICATE DCIl1 NOT AMEND, EXTEND ALTER dE AFF HE POLIO ATE OR AS a INSURERS AFFORDING COVERAGE NAIL t# i.._ INSURgP a State CompensatIon Insuranceiticaept a: IN'U! 1c: INOURER O, IN*URCR V.: .-- 10/ + 200 MONOCOURRMCe DaitElgtOlito At10 QxP (Any cm Iwo") PSRJItONAL & AV/ INJURY $ GCNIaALAt/ a40AM I M MRODLT.TI • COMP/OP AGO I COMBWID SINGLE LIMIT (Co eeoldenI) I BODILY IRAJRy (PIr plea) I EOOIL? IWURY IPa 1n:Otde,1t) owl AUTOONLY.VA*OMIT I 1 MOB THIN SAC+ AUTO Y: ADO 10/01/2008 IAO •I COCUIRENCI AOOlittOATE $ 1 1 S I x LTA e,t.. EACH/CIUINT $ 1 , 000 000 O PEASe • EA 6AMPLCrie $ 1,000, 000 e 1. DIIEAII • POLICY WAIT 1 1, 000 , 000 Ofteet ►1ON OF OPIRAT> III t LOCATIONS I YEIICISO UIOWCHSki AMMO IY lit ONOMMINT 1 PPIGNIL PROV)IIONB verification oi` poverage '10 Day ntolce :f cancellation for nonpayamnt of premium / 30 days all others �_„w ANCe t ATMN Contra ;s State License Board P,O. Box r60o0 SacramcntI, CA 05826 ACORD 26 (3001105)' I MOULD ANY Or TAI Amyl DIM= MASS at CAMCILLItT EEPOI• TNI IAPIRATtON DAM THEMttOPA THI IIburNa 1BIURIR WILL ENONAiOR Tp MatL 30" unit/Win WOOS ■ am 414 IMM I TU hE Lim our To AWL T T� �IHM MONORLMOILIT OP AIRY RIND UPON TTt Try AUT} RII Rig, SIACORD CORPORATION 191111 THIS IS NOT A LIEN. THIS NOTICE IS GIVEN PURSUANT TO SECTIONS 3097 AND 3098, CALIFORNIA CIVIL CODE. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 883489 111 i i i 11111111 7108 1800 8318 8348 9021 Make all checks jointly payable OWNER or Reputed Owner (on private work) or PUBLIC AGENCY (on public work) 02 310-377-1521 CITY OF ROLLING HILLS 2 PORTUGUESE BEND RD ROLLING HILLS CA 90274 CONSTRUCTION LENDER cr Reputed Construction Lender, if any. NONE ORIGINAL CONTRACTOR or Reputed Contractor, if any. 03 EROSION CONTROL SPECIALIST 4339 W 164TH LAWNDALE CA 90260 SUB CONTRACTOR /person or firm who contracted for the purchase of such labor, services, equipment or materials is: 909-753-9637 EROSION CONTROL SPECIALIST 4339 W 164TH LAWNDALE CA 90260 ISCO MACHINERY INC 4796 W SIERRA HWY ACTON CA 93510 CALIFORNIA PRELIMINARY NOTICE APR 2 8 2005779 CITY OF ROLLING HILLS BY .. has furnished or will furnish labor, services, equipment or materials of the following general description: RENTAL EQUIPMENT for the building, structure or other work of improvement located at: "POPPYTRAIL MITIGATION" PORTUGUESE BEND RD & SADDLEBACK ROLLING HILLS CA An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: $ 2,000.00 Trust Funds to which Supplemental Fringe Benefits are payable: BY: ChM RW6 Agent Dated: 04/26/2005 (Signature) (Title) 04/11/2005 R NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20 -DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL, OR FIRST-CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. PROOF OF SERVICE BY MAIL AFFIDAVIT • I, Cindee Wood, declare that I served copies of the above PRELIMINARY 20 -DAY NOTICE (PRIVATE WORK/PUBLIC WORK) by First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses shown above on 04/26/2005. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. BY: Grate, WO6 1( Cindee Wood, Agent Executed at SAN DIEGO, California on 04/26/2005. This form prepared by CAPRENOS INC 4345 Murphy Canyon Rd Suite 200, San Diego CA 92123 (800) 854-2100, FAX (858) 560-7626 04/07/2005 10:39 0000000000 • INSURANCE OFFICE • PAGE 01/02 ACORR, CERTIFICATE OF LIABILITY INSURANCE DATE 3/30/2005 PRODUCER (800)450-8013 FAX (800) 434-8053 Target Financial & Insurance Services License #0743582 6630 Flanders Drive San Diego, CA 92121 THIS CERTIFICATE IS ISSUED AS A MATTER OF ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES INFORMATION EXTEND OR BELOW. INSURERS AFFORDING COVERAGE NAIC # cisme) Erosion Control Spec i a I i sts 4339 W. 164th St. Lawnda I e , CA 90260 INSURER A: Lloyds of London INSURERS: INSURER C: INSURER D: INSURER E: - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO11MTHSTANDING ANY REQUIREMENT. TERM OR CONDMON OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A l ru TYPEOFINSURANCE POLICYNUMilER � LICY F E fi}p��� POL ICY EXPIRATIONc-ru � ( Iululmarry LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY WUG010308 02/14/2005 02/14/2006 EACHOCCURRENCE s 1,000,000 X DAMAGE TO RENTED pRD IBRFRiP.APF.,,,.mrw)— MED EXP (Any one person) $ 100,000 CLAIMS MADE X OCCUR S 5.000 PERSONAL &ACV INJURY S 1,000,000 — GENERAL AGGREGATE s 2 ;000,000 GENT_ AGGREGATE UNIT APPLIES PER: POLICY n JET n LOC PRODUCTS • COMP/OP AGG S 1,000.000 AUTOMOBILELLA9ILITY ANY AUTO ALL OWNED AUTO 5CN@DULEDAUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea rthderd) $ -- BODILY INJURY (Par parson) S — BODILY INJURY (Per aeeide+rt) s PROPERTY DAMAGE (Per scams) S GARAGE LIABILITY j ANY AUTO AUTO ONLY - EA ACCIDENT S -j( OTHER THAN EAACC E AUTO ONLY: AOCi S EXCESSAIMBRELLA LIABILITY O AGGREGATE $ S RDEDUCTIBLE S 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERJMEMEEREXCLUDED? If a, Ee lbe urxlor SPECIAL PROVISIONSberow I WC srRTU j OTH- TORY UNITS ER E.L. EACH ACCIDENT S EL, DISEASE - GA EMPLOYEE S E.L. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES I EXCLUSIONS ADDED EY ENDORSEMENT! SPECIAL PROVISIONS The City of Rolling Hills and Rolling Hills Community Association, a private corporation, it's officers agents and employees are named Additional Insured. Endorsement to follow from carrier '10 day notice of cancellation for non-payment of premium / 30 days all others. 4e: Poppy Hills Road Rolling Hills. CA Revised 03/31/200S Supercedes all others. CI flTIFICATP..�i01DER City of Rolling Hills Attn: Craig Neaiis #2 Portuguese Bend Rd Rolling Hills, CA 90274 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH E SH .tIMPO- • OBLIGATION OR LIABILITY OF ANT KIND UPON THE R, Ii�A/GE '- O' ' EPRESENTATIVES, AUTHORIZED REPRES ACOROD25(2001108) FAX: (310)377-7288 OACORO CORPORATION 1988 MAY -03-2005 07:27 AM ECS E � • 310 937 1470 P.01 • ECS Erosion Control Specialists FACSIMILE TRANSMITTAL SKEET Craig FROM: Jason Locklin ECS COMPANY: City of Rolling Hills 5/2/2005 FAX NUMBER: 310-377-7288 : (y7'AL NO. OF PA(;E5 INCLIII)ING COVER: 3 PI1ONF. NUMBER: 310-377-1521 ! I Ni)hR'S RRF'ERUNCE NUMBER: YOUR REFERENCE NUMBER: 0 URGENT 0 FOR REVIEW 0 PLEASE. COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NU'I'b:S/COMMEN'T'S: Craig here are the payroll forms, sorry for the delay. Thanks Jason ECti 4339 W 154':'rs S'i', STE II I.AWNDAI E, CA 9()260 (909)753-9637 PA„X(310921-3450 J-:CSPECIALISTS.Cc)M N M 14 N U W ' Q co N U.S. Department of Labor Employment Standards Administration Wage end Hour Division NAME OF CONTRACTOR ® OR SUBCONTRACTOR a Erosion Control 5080181 PAYROLL NO. FOR WEE( ENDING PAYROLL (For Contractor's Optional Use; See Instructions, Form WH-347 Inst.) Persons ere not'Invited s, Aaepa nd to Use collodion of InfamotIon w*ea 6 Sys scum* valid CAM CORM rnxr ear. ADDRESS 4338 w 184Th aL La wnda►e, Ca 90260 04/1(1/2005 PROJECT AM LOCATION Poppy tral mitigation t#1 poppy trail rd. Poling tills, Ca O OM No.: 1215-01 Expires: 03/31/20 PROJECT OR CONTRACT NO. NAME. ACIORE8a. AND BOCrA1.aSCURRY NUMBER OF Ere+LOYEE np ,,. A z 3 WORK CIJhBWCIRIC x7N (4) DAY AND CATE 18) MI RATE OF PAY IT) GROSS AMOUNT EARNED 01 DECOCTIONS (e) o _ o TOTAL. RCA HOLDING TAX OTHER ri7TAL DEDUCTIONS NET WAGES PAID FOR Brandon Rhine 602-10-11159 9391 nentuckel dr. Huntington Beach, 0e 92848 x` w LOURS WORT® EACH OA FLOURS General Labor o .m cf. 140 3.00 530.90 $916.70 $56.84 10.00 $23.19 $80.03 WEE 5836.67 e ISO 4m 1.41 4m 400 40.00 S LOSS Andrew Pkinkett 622.40-7817 10856 sail water Huntington Beach, Ca 92848 EX. General Labor o $247.20 $247.20 $15.33 16.25 52158 $225.62 a u0 410 12.00 $io a Melees Rulz 606-10-9288 124 E 12th at. Long Beach, Ca 90813 4 General Labor a l« a,o Loa 2.50 $30.90 $901.23 335.98 947.49 $21-81 5126.18 fT7i.07 a 1.05 1/x7 Lee 140 AM 40.30 016° Lido Rik/ 812-18-3030 124E 12th et Long Beach, Ca 93813 5 General Labor 0 1.00 Q 103 2.50 530.90 1 555.88 $3604 $22.81 5114.73 S78d52 a 100 100 MO RIO hm 40.00Jose 823&) Carlos Delgato w San 552.97'-`.x455 Pedro,820 CA 90731 IC 11199 0 $2,500.00 52,500.01 ® Charles w: Loddin 546-96-0617 41703 pioneer el. Murrleta, Ca 92582 IC 1090 0 114,000.00 54.000.01 a Grant top icip Construction Services 3722 w. gurrter awe. Acton, Ca 93510 IC uWrher/aperatm o $3,525.00 53,525.0( a 0 0 We estrnate that it will take an average of 56 minutes to complete this collection al hdarmatIon, including lime for reviewing instructions searching existing dale sources, gathering and maintaining the date needed, end ornnplefing end miming the collection at Infor eton. If you have any oommene regaadng these ealknstss or any other eked of this collection of info oration, including sugiestions for reducing this burden, sand them to the Administrator, Wage end I -tour Divieian, ESA, U. S. Department of Labor, Room 53502, 200 Canet6utlon Avenue, N. W., Washington, D. C. 20210. FORM Wit -347, Revised Nov. 1858 - FORMERLY SOL 164 -PURCHASE 71- fS FORM D/REC11 Y FR(1M THE SUPT OF DOCUMENTS 04/16/2005 a'QJt.?A L D L /,di in owner do hereby basic hourly age rate plus the amount of the required fringe benefit es Naiad in the contract, except ae noted to Section 4(c) below. 11 dry of A C? r i 1 2005 , and ending the 16 . I 2+005 day cf H Pr, all persons employed on said project have been paid the full weeldy wages earned, that no rebates have been or will be made either directly or Indirectly b or on behalf of said Erosion Control Specialists (b) WHERE FRINGE BENEFITS ARE PAID IN CASH (Name of Signatory Party) (Title) 0 — Each taborer or mechanic teed in the above rafarenced. Payroll has bean paid, as RedICatad on the payroll, an amount nab less than the sum at the applicable (1) That I pay or supervise the payment of the pentane employed by Erosion Control Specialists (°) EXCEPTIONS (Contractor or Subcontractor) on the EXCEPTION (CRAFT) EXPLANATION %bark ; that during the wolf period coimnencing an the (Bullding or work) (Contractor or Subcontractor) weeldy wages earned by any person and that no deductions have been made either c ectly or Indirectly Tom the fog miles Gamed 3 (29 CFR Bub A), beued by the Secretary Lac! borother then �undar thebable Copeland as defined in Red (48Eb . Part 63 Start. 108, 72 Stat. 967'; 76 Skit. 337; 40 U.S.C. 276c), and described below: amended (48 Stat. 948, from the full (2) That any payrolls otherwise under this carrtr act required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechenice contained therein are not lase than the applicable wage rates contained In any wage determination Incorporated into the contract that the clasellicadons eel forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period ere duly registered in a bone We ant, program inglatered weh a State appreneceshlp agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, off no such recognized agency axles in a State, are registered with the Bureau of Appneniloeeh tp and Training, United Stales Deparbent of Labor. (4) Thal: (a) WHERE FRINGE BENEFITS PRE PAID TO APPROVED PLANS, FUNS, OR PROGRAMS 0 — In edition to the basic hourly wage rates paid to each taborer or mechanic Meted in the above referenced payroll. payments of fringe benefits as listed in the contract have been or will be made to appropriate programa for the bane&& at such employees, except as noted in Section 4(c) below. RENAME: NAME AND TITLE Jason Larkin Owner THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE SUBCONTRACTOR TO=IL OR cRaAItW. PROSECUTION, a 31 OF THE UNITED STATES CODE. SIGNATURE JECT TIE CONTRACTOR OF ail 100 • - 1e AND SECTION 231 of TITLE • UBa.9.o.:a97 E1s.Bl MAY -03-2005 07:27 AM ECS r. • 310 937 1470 P.01 • ECS Erosion Control Specialists FACSIMILE TRANSMITTAL SHEET To: Craig COMPANY! FROM: Jason Locklln ECS City of Rolling F Tills 5/2/2005 PAX NUMBER: 310-377-7288 TOTAL. NQ. OF PAGES INCLUDING COVER: 3 P(U)NE,. NUMBER: 310-377-1521 • SENDER'S REFERENCE NUMBER: RE: YOUR REFERENCE:, NUMRFR: URGENT ❑ FOR REVIEW 0 PI.EASP. COMMENT 0 PLEASE. REPLY 0 PLEASE RECYCLE N(YI'! s/CommEhrrs.: Craig here are the payroll forms, sorry for the delay. Thanks Jason ECS 4339 W I64''1, S'I', STE 13 LAWN DALE, CA 962611 (909)753-9637 FA..X(310)921-3450 ECSPEc;IA.LISTs.COM • N U W a ro 63 N M }-, • E .114 U.S. Department of Labor Employment Standards Administration Wage and Hour Division HAZE aF CONTRACTOR ® OR Buxom -moron o PAYROLL NO. Erosion Control Specialists 41) MAW, ADDRESS, AND SOCK SECURITY NUMBER OF EMPLOYEE Brandon Rhine 602.10-1859 9391 narlhidcet dr. Huntington Beach, ca 92845 Andrew Plunkett 622.40-•7817 18868 mall water Huntlngton Beach, Ca 92848 Moises Rulz 800-10-9288 124 E 12th at. Long Beef, Ca 90813 Ludo Rutz 812-18-3030 124 E. 126h et. Long Beech, Ca 90813 FOR WEE!( ENDING PAYROLL (For Contractor's Optional Use; Soft Instructions, Form WH.347 loot) Persons Me nor npr,Aaad 0 n pond to The a lisceor► a(nfommairlxl arses a a comity Yepy Oita control number. ADDRESS 4338 w 164th s1.. Lawndele, Ca 90280 04/1012005 PROJECT AND LOCATION 1.3) WORN CLABSFJCAT1ON General Labor 0 0 (4) DAY AND DATE JWLLL I01 1J1 IJa Poppy trig m9tlpetIon #1 poppy (rail rd. RoI8rrg Has, Ca (8) TOTAL HOURS 3.00 (e) RATE OF PAY 530.90 .m 101 rm 40.00 ST0.6o IT) GROSS AMOUNT EARNED OM No.: 1215-01 Expires: 03/31120 PROJECT OR CONTRACT NO. Poppy Trail Mitigation DE MOTIC:M 5916.70 556..84 wrra- HOLDING TAX $0.00 OTHEI $23.19 TOTAL DEDUCTIONS $80.03 (Q) NET WAGES PALO FOR WEEI $836.67 EX. 4 General Labor General Labor O e a 110 111 0.70 4011 1.10 12.00 Ino.eo 2.50 530.90 a 1m JAI 1110 am 40.00 8247.20 515.33 5747,20 5901.25 Ss5.88 547.49 16.25 122..41 S2138 5126.18 12.25.62 1775.07 5 General Labor 0 Lo 1103 103 2.50 530.90 1 ale all 040 101 40.00 520.76/ Jose Carlon Deigato 552-87-5455 620 w 8th st San Perko, CA 90731 $901.25 555.88 $36.04 522.81 5114.73 $78632 IC 1099 O e Charles w. Loddin 548-96-8817 41793 pioneerel. Murrieta, Ca 92582 IC 1090 0 a Grand Kt Kip Construction Services 3722 w. gunner ave. Acton, Ca 93510 S2,500.01 52,500.00 54,000.0C 14,000.00 IC ownerdaperelor 0 s 53,525.00 0 $3,525.01 We estimate that it will take an average of 58 minutes to complete this collection of It/formation, including time for reviewing Instructions searching existing data sources, gathering and maintaining the data needed. end completing and reviewing the collection of InAJl1)1;4k is If you have any Dormant. re Information, Including suggestions for 9�n9 these. rTSrt en t of any ROOM of2, 2 0 C o/thn of Avenue, N. W.. Wash this burden, sand them to the Administrator, Wage and Flour Division, ESA, U. S. Deparhr►ent Labor, Room 53502, 2nD ConrtihlHon Washington, D. C. 20210. FORM WH-347, Revised Nov. 1998 - FORMERLY SOL 184 -PURCHASE 77,fS FORM DIRECTLY FROM THE SUPT. OF DOCUMENTS , M n Date 04/16/2005 N N to 0� to CO (4) Thai: I, � � U•�. L o L tL)1 ✓. owner (Name of Signatory Party) (Tide) 0 — Each taborer or mechanic hated in the above referenced payroll has been paid, do hereby state: as Indicated on the payroll, an amount not leee then the sum of the applicable basic hourly wage rate plus the amount of the readied hinge benefits es Wad in the contract, except as noted It Section 4(c) below. (1) That I pay or supervise this payment of the persona employed by Erosion Control Spedaleta (c) E>CCEPTi0N5 (Contractor or Subcontractor) on the EXCEPTION (CRAFT) EXALAYATION 'Nod • that during the payroll period commencing (Building or Watt) nchq on the 11' dhy of Apt; ! and ending the day of 1 , 2005 16 �P y ' 2005 all parsons employed on said project have been paid the fug weeny wages earned, that no rebates have been or will be made either directly or Indirectly boron behalf of said Erasion Control Specialists (Contractor or Suboontractor) middy ware e earned by any person end that no deductions have been made either directly or Indirectly (call %Witty aimed by any person, other than permissible deductions as defined in Regrriadons, Pert 3 (2g CFR Sibtfde A), Issued by the Seaelary of Labor under the Copeland Act, as amended (48 Stat. BO, 83 Start 108, 72 Stat. 987; 71 Siei. 387; 40 U.S.C. 278c), and deecrtbed below from the full (2) That any payer othariae under this contract required to be submitted for the above period are correct and complete; that the wags rates for Worms or mechanics contained therein we not less than the Li Worms applicable wage rates contained in any wive determination Incorporated Into the contract the! the W c aasHkall ns eel forth therein for each laborer or mechanic conform Wqt the work he performed. E (3) That program registemd mint Stets above period e duly registogntzed in a unn floe apprenticeship agency ►aooPitaad by the Bureau of atdcaslhip and Training, United Metes Department of Labor, of if much recognized agency mike In e State, registered alth the Bureau of Apprerldoeahip and Traln*ig, United Starve Department of Labor. (a) WHERE FRINGE BENEFITS ME PAD TO APPROVED PLANS, FUNDS, OR PROGRAMS ❑ — In edition to the basic ho N the above referenced payroll. wage rates paid to mechaniceach laborer listed In payer payments of fringe beneti%r as listed In the contract have been or wit be made to appropriate progrenTe for the benefit of such 4 emplajees. except as noted In Section 4(c) below. , N) (' ¢' E (b) WHERE FRINGE BENEFITS ARE PAID IN CASH REhi{RKS: NAME ANO TRLE Jason LooWfn Owner THE WILLFUL FALSIFICATION OF ANY OF THE PROVE SUXCONTRACTOR TO C VL OR CRIMINAL PROSECUTION. a Si OF THE UNITED STATES COOS. e10NATURE Y =JECr TI* CONTRACTOR OP ON 100 • - 1e AND SECTION 231 OF TITLE • UAL Li9.0.:1N7cw.a APR -28-2005 07:25 AM ECS 310 937 1470 P.01 111 4 ECS Erosion Control Specialists FACSIMILE TRANSMITTAL SHEET To: Craig Nealis PROM: Jason Locklin ECS • COMPANY: _ City of Rolling Hills 4/27/2005 FAX NUMBER: 310-377-7288 'i'(')'1'aI. NO. OF PAGES INCLUDING COVER: 2' PHONE NUMBER: SENDER'S REFERENCE! NUMBER: 310-377-1521 RE: Equipment list YOUR RVE7ERENCR NUMBER: 0 URGENT 0 FOR REv1EW 0 PLEASE COMMENT 0 PLEASE REPLY ❑ PLEASE RECYCLE w(rrfas/coMMF.N'[:s: Craig I am almost finished with the certified payroll form and will have that in to you by tomorrow. Thanks, Jason ECS 4339 W ST. STE. R LAWNDALE, CA 90260 (909)753-9637 FAk(310)92t-3450 ECsPECIALISTS.CoM APR -28-2005 07:26 AM ECS 310 937 1470 P.02 • C' S Erosion Control Specialists April 27, 2005 Attn: Craig Nealis City of. Rolling Hills #2 Portuguese Bend Rd. Rolling Hills, Ca 90274 Dear Craig. Here is a list of all equipment used on the grading work as well as the debris removal portion of the Poppy Trail project in Rolling Hills. John Deere 550 Bull -Dozer 2 days Catepillar 325 Excavator 3 days Case 4x4 Skip Loader 4 days GM stake -bed truck 5 days GM Hauling Truck 5 days Tree Chipper 5 days Super ten -wheel heavy dump trucks 5 for a total of 40 hours Tree trimming equipment: 5 days (chain -saws ,weed -trimmers, ladders, ect.) Please let me know if there are any questions. Sincerely, Jason Locklin Operations Erosion Control Specialists Erosion Control Specialists 4339 W. 164"' St. ste. B Lawndale, Ca (909)753-9637 fax (310)921-3450 ECSPECIALISTS.COM 04/08/06 FRI 13:10 FAX 310 377 7288 CITY OF ROLLING HILLS ::F::F *** :$:$:*:I:* :*:i: :k:h:*:}:* • a 001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT : 1: TX REPORT i::f:* kx:*:F: ::* :$*;:g::;:x:*:..:,:R:::::*.1: 2173 04/08 13:09 01'34 2 OK • 3202118 APR -09-2005 12:34 PM ECS tICS Erosion Control Specialists April 8, 2005 Attn: Craig Nealis City of Rolling Hills #2 Portuguese Bend Rd. Rolling Hills, Ca 90274 310 937 1470 P.02 Post -it® Fax Note 7671 Date 1.05 os pag s. 2_ To M ik� D esA�i2 From c Aica NI -ALTS Co/Dept. Co. CITY O R RO LUIJ6 H Phone# Phone #810.a.,l.!Sz I Fax# 3!0. 320 ..x`i 2 Fax# 3o• 3l'l. i2gs Dear Craig. Here is the revised cost of the proposed work to be done during phase one of the poppy trail mitigation project. These services will be completed in accordance with industry standards and will comply with all laws. (Prevailing wages are in affect on this project as stated in the Davis Bacon Act.) 1.. Site mobilization 2. Construction of a 10' by 10' drilling pad, all grading and earthmoving work per plan. 3. Clearing the entire slide area of all trees, shrubs, and debris, and proper disposal of such debris at a local land -fill. Our price for performing the work is $48,882. Work will commence on Monday April 11th at 8arn. Sincerely. APR -09'--2005 12:34 PM ECS0 310 07 1470 P.02 J C S Erosion Control Specialists April 8, 2005 Attn: Craig Nealis City of Rolling Hills #2 Portuguese Bend Rd. Rolling Hills, Ca 90274 Dear Craig, Here is the revised cost of the proposed work to be done during phase one of the poppy trail.mitigation project. These services will be completed in accordance with industry standards and will comply with all laws. (Prevailing wages are in affect on this project as stated in the Davis Bacon Act.) 1. Site mobilization 2. Construction of a 10' by 10' drilling pad, all grading and earthmoving work per plan. 3. Clearing the entire slide area of all trees, shrubs, and debris, and proper disposal of such debris at a local land -fill. Our price for performing the work is $48,882. Work will commence on Monday April 11th at 8arn. Sincerely, Jason Lockli Operations Erosion Control Specialists Erosion Control Specialists 4339 W. 164th St. ste. B Lawndale. Ca (909)7S3-9637 fax (310)921-3450 ECSPEC.IALISTS.C_OM APR -09-2005 12:34 PM ECC 31037 1470 P . 0.1 ECS Erosion Control Specialists FACSIMILE TRANSMITTAL SHEET TO: • Craig FROM: Jason Locklin ECS compANY: City of Rolling Hills FAX NUMBER: 310-377-7288 DATE: 4/8/2005 Tcrrni. NO. o : PAC;ItS INCLUDING COVER: 2 PHONE NUMBER: 310-377-1521 SENDER'S REFERENCE NUMBER: RI: YOUR REPERENCR NUMBER: ❑.URGI:N'F ❑ FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NO'CES/COMMr.N-CS• ECS 4339 \V I64TH+ Sit. STE 1.kWNI)ALIi, CA 9026n (9n9)753-9637 F!A(310)')21-)450 E.C:SPECIALISTS.COM • City o/ iei1 ili/'/?3 • INCORPORATED JANUARY 24, 1957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember March 29, 2005 Mr. Jason Locklin Erosion Control Specialists 4339 West 164th Street, Suite B Lawndale, CA 90260 Dear Mr. Locklin: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377:7288 E-mail: cityofrh@aol.com Enclosed please find the agreement which we discussed this morning. The agreement contains the amendments that we discussed relating to City's right to amend the scope of work or hire others as necessary. Mr. Mike Reader and Mr. Steve Kolthoff at Group Delta, 2291 West 205th Street, Suite 105, Torrance, CA 90501, (310) 320-5100 serve as the City's Consulting Geologists on this job. You will be working directly under their supervision as to what mitigation measures are necessary at this point in time. The Consulting Geologist needs to discuss his proposed amended scope of work relating to the grading as soon as possible. Please contact Mr. Reader at your earliest convenience to establish a specific scope of work that is appropriate at this time and a projected cost for that work. We will provide you a formal notice to proceed once you have completed that process with our Consulting Geologist. Your prompt execution of this agreement, and submission of the amended scope of work described above and the submission of the appropriate insurance certificates, will be appreciated. The compensation in this agreement is not to exceed $76,830 as described in your original proposal. We do not anticipate that we will be expending that amount, at this point in time, due to the necessity to not complete all of the mitigation measures at this juncture. Pnnied on Recyr:ICd Piper Page 2 Your assistance is greatly appreciated. Please contact this office at your earliest convenience to discuss any matters of mutual concern. Sincerely, /7 \ Craig R. Nealis City Manager CRN:mlk 03-29-05lockl in -1 tr.doc cc: Mike Jenkins, City Attorney Mike Reader Steve Kolthoff Peggy Minor, RHCA Manager Roger Vink, RHCA Architectural Inspector AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the City Manager and attested by the City Attorney, by and between Erosion Control Specialists, hereinafter referred to as the "CONTRACTOR" and the City of Rolling Hills, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the emergent nature of the work the City did not issue a Notice Inviting Sealed Bids or Proposals, but accepted the bid of CONTRACTOR Erosion Control Specialists and; WHEREAS, City Council has authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Poppy Trail Landslide Remediation in the City of Rolling Hills. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work pursuant to Section 20168 of the California Public Contract Code for the Poppy Trail Landslide Remediation in the City of Rolling Hills. The work shall be performed in accordance with its proposal dated March 22, 2005, which is incorporated herein by reference and attached hereto as Exhibit A. Notwithstanding the foregoing, the City reserves the right at it's sole discretion to increase, decrease, delete, or add to this scope of work, or, to enter into any agreements with others to complete any portion of this work. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Scope of Work incorporated herein by reference as Exhibit A and made a part hereof with like force and effect as if set forth in full herein. The Exhibit A, CONTRACTOR'S Proposal dated March 22, 2005, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within 15 working days from the date of the notice to proceed. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as 1 proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees: The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires 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 work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Rolling Hills and Rolling Hills Community Association, a private corporation, its officers, agents and employees, and any other parties specified in the proposal to be so included; • 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within five (5) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. The CONTRACTOR also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 3 • 1 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted tolabor morethan eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, 4 employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages, which may have been required under this Agreement, or any additional insured endorsements which may extend to-Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties providedforin Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in Exhibit A in accordance with CONTRACTOR'S Proposal dated MARCH 22, 2005. 5 • 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 851583-D64 Date 4339 W 164th Street, Suite B Lawndale, CA 90260 By: Jason Locklin TITLE CITY OF ROLLING HILLS, CALIFORNIA By: CRAIG NEALIS, CITY MANAGER Date A 1"1'EST: By: DEPUTY CITY CLERK Date CONTRACTOR'S Business Phone (909) 753-9637 Emergency Phone at which CONTRACTOR can be reached at any time: (909) 753-9637 APPROVED AS TO FORM: CITY ATTORNEY DATE: 6 03129/05 TUE 11:49 FAX 310 377 7288 CITY OF ROLLING HILLS [j o01 *************8****8* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 2069 CONNECTION TEL CONNECTION ID, ST. TIMF 03/29 11:44 USAGE T 05'44 PGS. 9 RESULT OK 9213450 City •Roffing ihtio FAX COVER SHEET DATE: 31 2 J 03 TO: M.it. ja,sot.. Lode-iirK. FAX: (310) 11 • 34 50 - TIME SENT: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 E- mail: cityoirh*aot.com II% 20 city. FROM: GLi k,. Nita (A'S atil - ram -ee OPERATOR: .:tiott SUBJECT: iC/lZ�hn REMARKS: LL6t� 4 /zc'iJO3 03/29/05 TUE 11:21 FAX 310 377 7288 CITY OF ROLLING HILLS 8001 • 4111 ..................... *** TX REPORT *** *xc******xc%ksk*****%k**** TRANSMISSION OK TX/RX NO 2067 CONNECTION TEL CONNECTION ID ST. TIMF 03/29 11:14 USAGE T 07'14 PGS. 9 RESULT OK 3202118 City opeoffi,.1�aP� FAX COVER SHEET DATE: 312 a I o5 kg_ f{ Le. 12e.o Le -c TO: NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: 1310) 377-7288 E mail: city'oftntaaol.com TIME SENT: 11 2a al , FROM: Wt - (•s Pek OJVtAa.cie FAX: OPERATOR: c� SUBJECT: REMARKS: 4 3i2.9103 03/31/2005 10:32 18004348053 TARGET INS CSR DEPT PAGE 01/01 ACQ Q CERTIFICATE OF LIABILITY INSURANCE DATE 03130/2005) ' PRODUCER (800)450-8013. FAX (800) 434-8053 Target Financial & Insurance 5ery i ces License #Q743582 6630 Flanders Drive San Diego, CA 92121 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE V NAIC # INSURED Erosion Control Spec i a l i sts 4339 W. 164th St. INSURERA Lloyds of London INSURERs; Lawnda I e , CA 90260 • INSURER C: INSURER D: INSURER E COVE 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 CONT RACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, M TYPE Of INSURANCE POLICY NUMBER PRO»' E FE VE tM b Y�i POLICY EX j ON bA E [M Y� LIMITS A X GENERALLIABILmr COMMERCIAL GENERAL LIABILITY WUG010308 02/14/2005 02/14/2006 EACHOCCURRENCE 5 1,000.000 X DDA AGE TO ENTEPlD MfJ1) s 100,000 CLAIMS MADE CI OCCUR MEO EXP (Any one person) 5 5,000 PERSONAL & ADV INJURY 5 1 , d00 , 000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; POLICY n INT. F7 LOC PRODUCTS - COMP/OP AGE 5 1 , 000 , 000 )--q AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ell aaaldan) 6 BODILY INJURY (Per parson) S BODILY INJURY per accident) $ — PROPERTY DAMAGE (Per occident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY . EA ACCIDENT S 1 OTHER THAN EA ACC AUTO ONLY: AGE S EXCESS/UMBRELLA LIABILITY OCCUR n CLArMS MADE DEDUCTIBLE RETENTION S - EACH OCCURRENCE S AGGREGATE S S E S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMDER EXCLUDED? If Yea, deecIIDe WAN SPECIAL PROVISIONS below • I TORYTLAMR3I R EL, EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE S E.L DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS LOCATIONS 1 VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Certificate Holder named Additional INsured, Endorsement to follow from carrier +10 day notice of cancellation for non-payment of premium / 30 days all others Re: Poppy Hills Road Rolling Hills, CA nCewrocoItt TLS lJA, ,fte-� City of Rolling Hills Attn: Craig Neal is #2 Portuguese Bend Rd Rolling Hills. CA 90274 ACORD 25 (2001108) FAX: (310) 377-7288 OF ANY KIND UPON THE I AUTHORIZED REPRESEN CANCELLATION SHOULD ANY OF 114E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH N) SHALyFLIPDS OBLIGATION OR LIABILITY rrREBENTATIWES. ©ACORD CORPORATION 1988 6c -0o -- "'S kOl q09/-2 sio/ a► x•150 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The 0 o CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires 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 work of this contract." b. For all operations of the CONTRACTOR or anysub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2 Name as additional insured the City of -Rolling Hills and Rolling Hills Community Association, a private corporation, its officers, agents and employees, and any other parties specified in the proposal to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a. loss under the policy; 4) Contain a clause substantially in the following words: • "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within five (5) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. Appendix C —Insurance Forms ?OLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: (If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc. 1984 California JPIA Contract Guide 131 DATE: TO: • City o//E0ff4 JJ,FP, ,_, _ _ NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310);377-7288 E-mail: cityofrh@aol.com FAX COVER SHEET 0 S - TIME —SENT. �_l __.a j a.../p,\ FAX: '001 (13 a S3 FROM: 0A _ OPERATOR: LrMv SUBJECT: a REMARKS: t c L J (1A,L1 .i 1 4 ,tuyl i &f. 04, ► z ?tom -- ._ f)1L1i,Q fl7' „yti c � . g C t tJv: .zQ) cc..) c, C, D-® / v / i s. `�/CT✓� TOTAL PAGES (including cover sheet): If you have difficulty receiving any pages, please telephone our switchboard at (310) 377-1521. REPLY TO: City of Rolling Hills - Fax No. (310) 377-7288 03/28/05 MON 10:39 FAX 310 377 7288 CITY OF ROLLING HILLS Zoo' *** TX REPORT *** ***6666************** TRANSMISSION OK TX/RX NO 2049 CONNECTION TEL CONNECTION ID ST. TIME 03/28 10:37 USAGE T 02'17 PGS. 5 RESULT OK 9213450 v't Roiling ...ill& NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityolrheaol.com FAX COVER SHEET DATE: of gIO S TIME SENT: l()%�/b tl•YY, TO: l -> FROM: FAX: OPERATOR: SUBJECT: REMARKS: qR/L2J . ,4L `em u -cz. rn-� 03/31/05 THU 11:24 FAX 310 377 7288 *CITY OF ROLLING HILLS • 11001 • TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT *** TX REPORT *** ***4:* *************** 2104 18004348053 03/31 11:21 03'08 6 OK Cif 0/ Ro//tnfj FAX COVER SHEET DATE: 3J3!OS TO: FAX: $OOI q 3 & s3 SUBJECT: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310).377-7288 E-mail cityoirh@aol.com TIME SENT: 11 t �' i s FROM: 0A41 r o ---e' 6'16- je)r dtAi OPERATOR: vY0-11 (9-{ REMARKS: i' .± n j ,A/A4W-14•"cu 4.6-v ✓� ,a—�, .c�.c�, �c,c� Cc.itt 4 11aexy 47t- oiumAA' ()/ c.,/ v ecA_ • ate' MAR -31-2005 10:37 AM ECS 310 937 1470 • 1A51e Hotmail• • 6ri P.08 Page 1 of 2 jasonpl3@hotmail.com Printed: Wednesday, March 30, 2005 9:02 AM ^�"'R'~4•'��' �i�•.L.QNRKb,-:M.'A.Ayi'.........""""i"'r d.+Nl q ,, From : Mike Reader <MikeR avemistowcwroyen.' �"'°"°o'""" ''�" �'w" '°'"""° �9roupdeKa,aom> Sent : Tuesday, March 29, 2005 S:08 PM To : "'Jason locklin"' <jasonpl3©hotmail.com>, <Cltyofrh@aoi.com> CC : "'Steven Kolthofr" <stevek@groupdelta.com> Subject : Poppy Teal! Remedial Grading and slope protection Jason The scope of work and task that are needed for you scope of work include the following: +�rAi 9'.rr.FTTIVY.7 ,I..nMT.r....u.r q'J On Item 2 - in addition to creating the 10x10 graded pad to accommodate our drilling operations, remedial grading is also needed within the overall slide are itself which will: Fill in the open fractures in the overall landslide area by dozing available materials. Compact the loose materials within the toe area of the slide by "track walking" the toe and other loose areas with a bulldozer. Attempt to create a drainage path/swale/slope through the slide to help it to drain surface water. NOTE TO City rolling Hills: When this work is -in progress, access to the horse trait temporary access road might be limited so that loose materials that are not caught by the newly installed chain link fence do not endanger the residents using the trail. Michael D. Reader GE, VP Group Delta Consultants 2291 W. 205th Street, #105 Torrance, CA 90501 tel: (310) 320-5100 fax: (310) 320-2118 http://by 102fd.bay 102.hotmail.msn.com/cgi-bin/getmsg?curmbox=00000000%2d0000%2... 3/30/2005 MAR -31-2005 10:34 AM ECS 03/29/05 TUE 11:45 FAX 310 377 7 CITY OF ROLLING HILLS 1110 ®004 310 937 1470 P.02 AGR4EM NT The following a reement is made and entered into, in duplicate, as of the date executed by the City Manager and attested by the City Attorney, by and between Erosion Control Specialists, hereinafter referred to as the "CONTRACTOR" and the City of Hills, California, hereinafter referred to as "CITY." Rolling WHEREAS, pursuant to the emergent nature of the work the City did not issue a Notice Inviting Sealed Bids or Proposals, -but accepted the bid of CONTRACTOR Erosion Control Spea"alists and; WHEREAS, City Council has authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Pop Trail Landslide Remediatlioil in the City of Rolling Hills. Poppy NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. G L SCOPE OF WOW; CONTRACTOR shall furnish all necessary labor, tools, matere appliances, ana equipment for and do the work pursuant to Section 20168 of the California Public Contract Code for the Poppy Trail Latidslide R media! o in the City of Rolling Hills. The work shall be performed in accordance with its proposal dated March 22, 2005, which is incorporated herein by reference and attached hereto as Exhibit A. Notwithstanding the foregoing., the City reserves the right at it's sole discretion to increase, decrease, delete, or add to this scope of work, or, to enter into any agreements with others to complete any portion of this work. 2. I at'•:. T _ -- t_ COMPLEMENT "i • Scope o n or incorporated -rein • y re erence as Exhi • it A art • made apart hereo with like force and effect as if set forth in full herein. The Exhibit A, CONTRACTOR'S Proposal dated March 22, 2005, tog, ether with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and m accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. hould it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF �cI The CONTRACTOR agrees to complete the work within 15 working days from the date of the notice to proceed, 4. INSURANc The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as 1 MAR -31-2005 10:34 AM ECS 310 937 1470 P.03 03/28/05 TUE 11:46 FAX 310 377 7 CITY OF ROLLING HILLS • al 005 proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires 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 work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $,500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. b) Automobile • Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Rolling Hills and Rolling Hills Community Association, a private corporation, its officers, agents and employees, and any other parities specified in the proposal to be so included; 2 MAR -31-2005 10:35 AM ECS 310 937 1.470 ��.caluD Lilt .11:47 FAX 310 377 CITY OF ROLLING HILLS 411/ P.04 bane 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: • "It is hereby understood and agreed that this policy may not be canceled northe amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons. and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered maiL e. The CONTRACTOR shall, within five (5) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein 5. PREVAILING WAQE Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, e Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. The CONTRACTOR also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 3 MAR -31-2005 10:35 AM ECS 03/29/06 TUE 11:47 FAX 310 377 7 310 937 1470 P. 05 CITY OF ROLLING RILLS 4111 Q.07 6. sus �� �Le �a-� In accordance with the provisions of Section 1777.5 o e Labor e, and m accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered a prentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. 1,EC.t4g, HOURS OF WQ,RK. Eight (8) hours of labor shall constitute a legal day's work for all workmen emplloyed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed m the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL ANDSUBS CE 1',AY CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773 9. CQNTRA TOR'S LIA 3 ; The City of Rolling Hills and its officers, agents and employees ("idemnitees) shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the. CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or Iiabflities that may be asserted or claimed by arty person, firm, entify, corporation, political subdivision, or other organization arisir out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, 4 MAR -31-2005 10:36 AM ECS •••• YJ JUG .L1.4Y L�/AX 310 37 fq 7y 310 937 1470 CITY OF ROLLING RILLS • al 008 P.06 employees, subcontractors or invitees provided for herein, whether or not concurrent passive or active negligence on the part of City. In connection therewith there is a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, Including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment the CONTRACTOR or Indemtutees covering such, claimsrende�ama penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Inde harmless therefrom. mnities c. In the event Indemnitees are made a� pparty' to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees and any all costs and expenses incurred by Inemoftto eo de i n or proceeding together with reasonable attorneys' fees. such action So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity_provision shall survive the termination of the is in addition to any other rights or remedies which Indemnitees may have under the law d This indemnity is effective without reference to the existence or applicability of any insurance coverages, which may have been required under this A additional insured endorsements which may extend to indemnities. Agreement, or any CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NATION: Pursuant to Labor Code Section 1735, no discrimination a made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. all PRJAND PAYMENT: City shall pay to the CONTRACTOR for furnishing material and doing the pprescri work the unit� prices set forth in Exhibit A in accordance with CONTRACTOR'S appose! dated MACH 22.205. 5 MAR -31-2005 10:37 AM ECS Lua ii:4b FAA 310 377 7, • 310 937 1470 P.07 CITY OF ROLLING HILLS too9 12. TERMINATION: This agreement may be terminated by. the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 851583-1)64 4339 W 164' Street, Suite B Lawndale, CA 9260 Date 3/30/O'? ' By: ason Loc: CITY OF ROLLING HILLS, CALIFORNIA By: 3 30 oate 3�3a�vS Date ATTEST: By: rrrt.E LIS, CITY MANAGER IYAn`n 1'a4 CONTRACTOR'S Business Phone (909) 753-9637 Emergency Phone at which CONTRACTOR can be reached at any time: (909) 753-9637 APPROVED AS TO FORM: CITY ATTORNEY DATE: 6 MAR -31-2005 10:33 AM ECS 310 937 1470 • P.01 ECS Erosion Control Specialists TO: Craig Nealis FACSIMILE TRANSMITTAL SHEET FROM: Jason Locklin ECS COMPANY: DATE: Oltman's Construction 3/30/2005 FAX NUMR R; 310-377-7288 TOTnl. NO. OF PAGES INCLUDING; COVER: 8 PI4(NE. NUMIiECR: 310-377-1521 SENDER'S REFERENCE NUMBER: RE: agreement YOUR REFERENCE NUMDER: 0 URGENT El FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NOTES/COMMENTS: Craig I will have the certificate of liability with the City of Rolling hills as an additionally insured, in to you by this afternoon. Thanks Jason ECS 2606 AVIATION 13I.VD. S'I'lt 0 REDONDC) REACT!, CA 9027A (009)7S3-9637 FAX(310)937-1471) ECSPE(:'JALISTS•CC)M APR -06-2005 10:17 AM ECS • 310 937 1470 P.02 • /PRODUCER I ALDRICH/TAYLOR INSURANCE r L_ 4225 PGLIt. Y NUM8Eti i+v�tl Y P�alilLiO 1' OM -22)01 M TD_ 15:01 AM AP0434 i7ti 7 04 NAMfD-1ftatAb JASON P LOCKLIN PERSONS INSURED DRIVIRs JASON P LOCKLJN CHRISTINA M SMITH MERCURY CASUALTY COMPANY AUTOMOBILE i 0i ; i.ii i'1 P4RTANT COVERAGE EXCLUSION APPLICARl, TO Al ; r.rWR <q„FE. INCLUDING OUT NOT LIMITED TO, LIABILITY s°' i�'e iD NOW OR LAMA, It Is agreed that the insurance afforded by LAMA,ts policy shall not apply nor accrue to the benefit of any insured or any third party claimant when any motor vehicle is being used or operated by aperson listed below regardless of who.0 this paosoil resies or whether the person s licensed to drive. MAiuN3 2606 AVIATION BLVD OD ADDRESS REDONDO BEACH CA 90278 CAR YEAR I VEHICLE DESCRIPTION GMC SIERRA 1500 PKP 4X4 HONDA ACCORD LX CPE SERIAL NUMBER 2G7EK19K4N1554986 1HGCD723SA002977 'b R °T" 11W PURCHASE H.P. WILL/E--1.- USED 1000 U 04/2004 11000 U '04/2004 LOSS PAYEES ILPI, ADDITIONAL INTERESTS tAU, LOSS PAYEES AND ADDITIONAL INTERESTS ttAt. OARAGi Ma ADDRESSES Sal AND REOI$TtREO OWNERS IRO) OTNIIR TMAN THOSE LISTED ABOVE. Coverage applies only if premium charge is listed below. Coverage/Limits are subject to all policy terms. COVERAGES LIMITS OF LIABILITY : PROPERTY DAMAGE LIABIUTY D0a1LY INJURY UABILITY e i 5.000 EMIl PARSON : 30,000 EACH ACCIDENT CAR $ 10,000 EACH ACCmENT 27S ''"" ',TA1 R LIABILITY UMITE APPLY TO CERTAIN ORIVEAB: °BODILY INJUNY•sis,000 EACH PERSOrt AND IEO.000 BAON ACCIDENT; PROPERTY DArmae-4a,000 EACH ACCIDENT IEEE PARAGRAPH MAIN PART I CN PAGE 1 OP TIM PLtuaY CINDER'PEABONE EPBURED'I. UNINSSURED MOTORIIET$ UNNSURED OTdRIt s PROPERTY DAMAGE LIABILITY COLLISION DEDUCTIBLE WAIVER MEDICAL EXPENSE LEASE/LOAN GAP COVERAGE COMPREHENSIVE COLLISION TOW NO & LABOR $ 15.000 EADR PRISON $ 30,000 EACH ACOIDGNT $3750 MAXIMUM s 1°6° r`iilJicIUWRTH .................""" NOkiie sa L,-! RE1WEYRSEEEENT ................... I JIUi gINSIRS}RMINT CAR ,., ,,....CAR C DEouOTIBLE CAN r t 500 cAR $ CAR $ 81 DEDUCTIBLE CAR I $ 600 CAR S CAR 4 119 8 EACH DISABLEMENT r•• rnotelumz CAR 2 116 5 12 RENTAL CAR BENEFIT $ 30 max" 30 goofs .,i DAMAGE $ _--- DEDYOu lso Cl" rsee Ilcro DReAUMNEL I ENDOASEIL1ENTR ATTACHED TO THE POLICY CA -1 03/2006 U-170 U-179 21 PREM 62 RCM PREMIUM POLICY PEE CA FRAUD PEE OlGA FEE aPI:1.It1L tUUsrerLF,Dil CAR ITEMS INSURED AND AMOUNTS OF INSURANCE FOR EACH item ARE STATED HEREIN. ITEMS INSURED ARE SUBJECT TO Tile DEDUCTIBLE. 5 14 13' 1TePEE SISLIREt, CALIFORNIA ASSESMENTa 1.80 IMPORTANT INFORMATION OTAL PREMIUM 670,80 APR -05-2005 09:58 AM ECS 310 937 1470 • • P. 03 DATE (MJL''/YYYY' i TM CERTIFICATE OF L.T i '. T J.f a a. it • s. • c_ e,�_r..a. ■ PRODUCER yuregitfirr .rarillle.OF INFORMATION ONLY AND CONFERS No Bl01iTE UPON Thus C RTI'ICATE Loekton Companies, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXt-11ND OIt 8110 East Union Avow, Salts 700 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80237 INSURED LABOR READY SOUTHWEST, INC POSox 2910 Tacoma, WA 9840! COMPANY A National Union Fire Fflt. Co. COMPANY B Insurance Co. State or Penn COMPANY C COMPANY 0 OMIla tS Tests IS To CERTIFY THAT THE POLICIES OF INSUNANCE Limo allow HAVE BEEi4ISSURD YO UM INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATI1D NOTWITHSTANDING ANY REQUIREMENT. Tam OR CONDITION OF ANY CONTRACT OR OTHER vOCUM8NT WITH RESPECT TO WHICH THIS IIXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUBY MEI CEo YISSC DESCRIBED 'HEREIN t8 8t18lECT TO ALL THE TERMS. CO LIB TYPE OF iNtIURANCE POLICY NUMBER GENERAL LIABILITY 4806489 A 1 Ea. COMMERCIAL GENERAL L1A ITY • CIAIM®DADS ® OCCUR OwNHICE & CONTRACTOR'S PROT minal POLICY E1PIN= 1ouCY E119WATION sat (mmonst V) PATS ($US YY) 07/01/2004 07/01/2005 _' ALTOMO81LE LIABILITY ANY AUTO r_ ALL OWNED AUTOS SCHEDULED AUTOS f� HIRED AUTOS NON.OWNED AUTOS GARAGE LIABILITY uiANY AUTO 8 EXCESS LIABILITY UMSRE ii FORM OTHER THAN UMSRWLLA I'ORM woaxBR'8 COMPENSATION AND EMPLOYER'S LIABILITY THE PROPRIETOR/ PARTNERS/ EXECUTIVE INCL BELL 5212924 OTHER NOT APPLICABLE 07/0112004 07/0112005 %1 48 GENERALAGAR OA IS 5000000,00 PRODUCTS -- COMP'OP AGO 1000000.04 PIIRSONAL is ADY INJURY 1000000.00 EACH OCCURRENCE FIRE DAMAGE (My one EI,) —..--20,0,00100,00 1u+Q0 MED UP (Any 01st gnson) • 0,61— COMBINED SINGLE LLI UT BODILY 1INDURY (Fir Parson) BODILY INDUAY._.r.,.,..,...-...I........., per AooidagI �., PROPERTY DAMAGE AUTO ONLY - SA ACCIDENT OTL ER TtlAN AUTO ONLY: ^���.� rum EACH ACCIDENT ' AGGREGATE EACH OCCURRENCE AGGREGATE I1wC 8TA1VIORY ia71101t .—L/MrS E1. SACK ACCIDENT 1000000.00 EL DiE ASE.POLICY LIM 1000000,00 EL DISEASE- EA EMPLOYEE 1000000.00 DESCRIPTION OF OPERATIONS ! LOCATIONS ! VEHICLES / SPECIAL ITEMS THE ABOVE COVERAGES APPLY TO LABOR READY TEMPORARY EMPLOYEES DISPATCHED TO WORK ON BEHALF OPT THE CERTIFICATE HOLDER CERTIFICATE BOLDER EROSION CONTROL SPECIALISTS 2606 AVIATION BLVD. #D Redondo Beach CA. 90278 ACORD 254 (1/98) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE 1SSLIiNO COMPANY WILL ENDEAVOR TO MAIL 311 DAYS WRITTEN NOTICE TO THE CW TIPICATE HOLDER NAMED TO THE LEFT, EUT FAILURE TO MAIL OF ANY KIND UPON THE COMPANY. TIE OA IMPOSE NOTICE SHALL EN OR REPRESENTATIIV+OF LIABIILIABILITYES. IN g ACORD CO*PQRAT1oN 1988 POLICY NUMBER: WUG-010308 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WEL0005-06-04 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The City of Rolling Hills & Rolling Hills Community Assoc, A Private Corp. It's Officers, Agents & Employees #2 Portuguese Bend Rd. Rolling Hills , CA 90274 RE: Poppy Hills Rd., Rolling Hills, CA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 1I - Who Is An Insuredis amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B.With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury", "property damage" occuring after: WEL0005-06-04 (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 1 of 1 03/31/2005 14:22 18004348053 TARGET INS CSR DEPT • PAGE 01102 AQR, CERTIFICATE OF LIABILITY INSURANCE DATE 200 PRODUCER (800) 450-8013 FAX (800) 434-8053 Target Financial & Insurance Sery i ces License #0743582 6630 Flanders Drive San Diego, CA 92121 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Erosion Control Special i sts 4339 W. 164th St. Lawnda I e , CA 90260 INSURER A: I_ l oyds of London INSURER 9: INSURER C: INSURER 0: INSURER E., COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTUVITHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR 1 TR ADD L INRPC TYPE OF INSURANCE POLICY NUMBER Pa pY pppCTTNE RI I MIFDfl'Y) POUGY8IIPIRATION DATF ((dMl U9 LIMITS A X GENERAL UABIUTY COMMERCIAL GENERAL LIABILITY WUG010308 02/14/2005 02/14/2006 EACH OCCURRENCE $ 1.030,000 X DAMAGE TO RENTED PREMELES4Ea S 100,000 CLAIMS MADE L f OCCUR ncoumnrw} MED EXP (Any ono poraan) $ 5,000 PERSONAL E ADV INJURY $ 1.000 , 000 GENERAL AGGREGATE S 2,000.000 GEN'L AGGREGATE LIMIT APPUES PER: 1 POLICY n jFCT El LOC PRODUCTS -COMP/OP A,GG S 1,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT IEa accident) $ _ BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per aecidant) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S I OTHER THAN EA ACC S AUTO ONLY: AGO $ EXCESSIUMBRELLA LIABILITY • EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ S $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Ii see. deecMe undor SPECIAL PROVISION$ balaw • WC STLAMITS DTH- TORY E.L EACNACCIDENT S E.L DISEASE - EA EMPLOYEE $ El, DISEASE -POLICY LIMIT 5 OTHER DESCRIPTION OF OPERATIONS $ LOCATIONS t VEHICLES I EXCLUSIONS ADDED' BY ENDORSEMENT I SPECIAL PROVISIONS The City of Rolling Hills and Rolling Hills Community Association, a private corporation, it's officers agents and employees are named Additional Insured, Endorsement to follow from carrier "10 day notice of cancellation for non-payment of premium / 30 days all others. Re: Poppy Hills Road Rolling Hills, CA Revised 03/31/2005 Supercedes all others. City of Rolling Hills Attn: Craig Neal is #2 Portuguese Bend Rd Rolling Hills, CA 90274 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 BAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH , . T E SH - IMPO = - • OBLIGATION OR LIABILITY OF ANY KIND UPON THE - . , IT. GEN '. 0 - • • RESENTATIVES. AUTHORIZED REPRES ACORD 26 (2001108) FAX : (310)377-7288 ACORD CORPORATION 1988 v/97- / Go9 h5S APR -06-2005 10:16 AM ECS • 310 937 1470. • P. 01 ECS Erosion Control Specialists FACSIMILE TRANSMITTAL SHEET TO: Marlyn FROG 1: Jason Locklin ECS COMPANY; City of Rolling Hills DA7'R: 4/5/2005 PAX NUMBER: 310-377-7288 •LOTAI.NO. OF PAG[JS INCLUDING COVER: 2 MIME NUMBER: 310-3771521 SENDERS REFERENCE NUMBER: RFC: YOUR REFERENCE NUMBER: 0 URGENT 0 FOR REVIEW ❑ PLEASE COMMENT 0 PLEASE REPLY 0 PLEASI. RECYCLE N(11'Es/(:OMMINTS: Here is the auto insurance the truck I use is the gmc sierra. thanks Jason ECS 2006 AVIATION 13I.VD. STE 0 REDONDO BEACH. CA 90278 (909)753-9637 PAX(310)937-1470 I?CSPF.CIALI5TS.COM APR -05-2005 09:57 AM ECS • 310 937 1470 P.01 • ECS Erosion Control Specialists Marlyn COMPANY: FACSIMILE TRANSMITTAL SHEET nom Jason Lock lin ECS City of Rolling Hills PAX NUMBER: 310-377-7288 DA'l E: 4/4/2005 1'C)'l'Al, NC,). OF PAGES INCLUDING COVER: 3 P1()NI NUMBER: 310-3771521 SENDER'S REFERENCE NUMBER: RE: YOUR REFERENCE: NUMBER: 0 URGENT 0 FOR RF.VIEEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NC)rrs /(: )MMEN'l'S: Here is the workers comp cert. thanks Jason l?CS 2606 AVIATION BLVD. S'l'1? 1) REI)ONDO BEACH, CA 90278 (909)753-9637 FA X(310)937-1470 ECS'PRCIAI.1STS.COM APR -05-2005 09:58 AM ECS 310 937 1470 P.02 • • LABOR READY 7433 CERRITOS AVE. STANTON, CA 90680 Phone: 714-527.8387 Fax: 714.827.1383. SEND TO Company nano Cor 1031 g e!c. ,attention Ofce Io fax number 3t0-ct.Zt Urgent 0 Please review ❑ For Your Information Repiy ASAP Please comment Tote! pages, htdudhrg Cover. COMMENTS a FAX COVER SHEET all ' . .i °';I 7:hy:.j1.1;i I; j .1i.iii: . Ij rl"Ip 1:141,,��t'..� s.t as5A +1.) W.K. et... :is a__ 0.41:1 ..a- Age 0.1.43. ;_ c 4 c. 1.`..;.4,1a; 1 3 .,,. 41..__wawns rs coat (1,1.4e:rarta.4...., 44 rnt. (.row] ; �/,ov..,__..r1Acd an.y:H.tn►.)..,.eke • a. x411. k L , 0313112005 14:22 18004348053 TARGET INS CSR DEPT US!31/05 THU 11:21 FAX 310 377 7 yCITY FOF ROLLING HILLS • PAGE 02102 t i 001 £i, O/ /Oiling LI _ . ... ,. .:C ED ,.= :-..•=. ... ._;: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 !310I 3774521 FAX (310),377.7288 E-ma.I eltyotrn'aoLcom FAX COVER SHEET BATE:_ 3 i 31 1 O ,S ...,._... TIME S NT: 1 I i OL/'1 LASOISI) FAX: _JOOI tI39-roS3 SUBJECT: OPERATOR: 0-t r � REMARKS: _sz . A.1ad air ±"L't � + v ,e-, 4 aft- 04.ttyl tA2, P9-t r q°Th-'n1-"t4'&8' TOTAL PAGES (including cover sheet): If you have difficulty receiving any pages, please telephone our switchboard at (310) 377-1521. REPLY TO: City of Rolling Hills - Fax Na. (310) 377-7288 ®r+.,..j.',l�": lip'. ,'�f P.:��•1 03/30/05 WED 10:39 FAX 310 377 7288 CITY OF ROLLING HILLS 11001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT — *** *4:94:4:9x g:*4.*4 4:4:44:** :>F * TX REPORT. *x: : :y.:I:4.Y:9x:4:4:4**4 *$4.4:4:44:* 2090 03/30 10:34 05'26 8 OK 9213450 • Ct4oll2ff..sJdPP•,,. _.. FAX COVER SHEET DATE: 'c3' TO: JOS44 LOGk-1( h FAX: s 92_(-14.5c) SUBJECT: REMARKS: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310)377-152,1 FAX: (3101377-7288 E-mail: cityofrh@aol.com TIME SENT: • 10 - c>` m'' FROM: Cdr iveAfu`A,& 1, (14 dulAictle/L OPERATOR: ites.A14-0"-k CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance forall persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section. 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires 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 work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and, coverage: 1) Public Liability Bodily Injury (not auto) $500,000 each person; $1,000,000 each; accident. 2) Public Liability ; Property Damage (not auto) $250,000 each person; $500,000 aggregate... 3) CONTRACTOR'S Protective - Bodily Injury $500,000. each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each;accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2 c2D Name as Hills additional insured the agnts and unityAssociation, a City of Rollin employees, an to corporation, Hills and Rollin proposal to be so included; d any other parties officers n, its 3) Specify it specified in the or owned acts as ned primary Insurance upon to cover designated and that ed insurance I a loss under policy; i the policy; insured shall b geld Contain a clause substantially i e called.. "It is hereby Y n the following words: canceled Y understood �'► or thirty d nor the amount and agreed that this policy i30) days after of the S may cancellation a receipt by City coverage thereof Y not be reduction Y of a writtenreduced until a registered letter." °f coverag evi ence notice Otherwise e as deuced b of such.. Ise be in form : byreceipt of satisfactory to the City. The policy of insur an endorseme ance provided for in sub nt which: paragraph a. shall contain 1) Waives all ri ht Specified in subparagraph subrogation insureds in against all persons paragra Ii • by reason of la policy insurance hereof to be listed as entities operatins. fnY dailh o provided additional byere arisen for ara Ming the work paragraph b. ONTRgCT provided r in or connected tvi t Provides ed for he ein;ny s es it shall not be days' written all n be canceled The given for altered without thirty City b rem' Y (30) Notice �f rR`4CTOR shall, by mI il:.. y o d of the. within five Contract, deliver5to tale fronr the date of thef "glnal policies of ins Citt' or deliv urance Manaer to Cit requiredY ger or hishe insurance Y �'lana in Pd the additioil< ] emsr Y, shot�� ger or llisaragraphs a: ed ng the vi designee .a and other trance of such provisions required. TRANSMISSION VERIFICATION REPORT irac- TIME : 03/13/2007 08:42 NAME : ROLLING HILLS CITY FAX : 3103777288 TEL : 3103771521 SER.# : BROG5J303281 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 03/13 08:37 CITY ATTORNEY 00:05:16 14 OK STANDARD ECM ei4y o f led 'nr JM a INCORPORATED JANUARY 24, I?$7 FAX COVER SHEET DATE: c:Ai31c4'7 TO: FAX: SUBJECT: REMARKS: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 P1 0) 377.7521 FAX: (310) 377.7288 Email; cilyorrhPd01.com TIME SENT: =35 FROM: arilt01 aialipAd3sokt..)-- OPERATOR: 50TH ANNIVERSARY 1957 - 2007 B. ALLEN LAY Mayor DR. JAMES BLACK, Mayor Pro Tem THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember GODFREY PERNELL, D.D.S. Councilmember March 12, 2007 C1t, `ie lGag fiu// INCORPORATED JANUARY 24, 1957 ° Ada& 14-ii,dtea,/at uhn d �c ° 44-7A4 Mr. Jason Locklin Erosion Control Specialists P.O. Box 1626 Huntington Beach, CA 92648 Mr. James A. Uthe Contech Construction Products Inc. 9025 Center Pointe Drive, Suite 400 West Chester, OH 45069 Dear Messrs Locklin and Uthe, NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 The City is in receipt of your respective letters authorizing the City to release its remaining funds of $34,385.50 for the Poppy Trail Winterization Project to Contech Construction Projects Inc. Per the correspondence, the outstanding balance owed to Contech Construction Projects Inc. by Erosion Control Specialists is $42,754.82 leaving $8,369.32 unresolved. The City acknowledges that a Change Order inclusive of a credit is due to be submitted to the City by Erosion Control Specialists which may or may not cover the unresolved difference. In turn, both companies will need to resolve the matter. The Rolling Hills City Council is scheduled to consider the release of $34,385.50 at its next scheduled meeting on March 26, 2007. If approved, the funds will be overnight mailed to Contech Construction Projects Inc. as requested the following day. 0 Printed on Recycled Paper Page 2 If you have any questions, please call me at 310377.1521. Sincerely, Anton Dahlerbruch City Manager AD/ cc: Mike Jenkins, City Attorney Mar 11 07 11:14a p.2 ECS Erosion Control Specialists Tony Dalerhbrauch The City of Rolling Hills #2 Portuguese Bend Rd. Rolling Hills, CA 90274 1,441) 2007 By Dear Tony - CITY OF ROLLING HILLS I am requesting the City of Rolling Hills to send a check for all money currently owed to ECS, directly to Contech Construction Products for materials used on the poppy trail project. If you have any questions please feel flee to contact me at 714-661-8468. Sincerely, P.O. Box 1626 Huntington Beach,CA 92648 714-661-8468 fax 714-849-6053 ecspecialists.com IN IIMMor we a. CONSTRUCTION PRODUCTS INC. March 12, 2007 Mr. Tony Dahlerbruch City of Rolling Hills 9025 Centre Pointe Drive, Suite 400 West Chester, OH 45069 Phone: 513/645-7454 Toll Free: 800/338-1122 www.contech-cpi.com 20 MAR P - CITY OF ROLLING FILLS • RE; Poppy Trail Mitigation project Dear Tony: Per our conversation, Erosion Control owes CONTECH CONSTRUCTION PRODUCTS $42,754.82 covering material that was supplied from 12/22 to 2/22/07. Please use this letter as authorization to overnight the check to my attention at the above address. Send the check via Federal Express and mark the envelope as "PRIORITY" and our acct. # 128562141. If any additional information is needed, please give me a call at 513-645-7454. Sincerely, James A. Uthe Senior Credit Representative INNfVATIVF SITF Rni I ITIC)NS R STORMWATFR MA'NA(FMFNT Mon, Mar 12, 2007 12:23 PM Subject: Item to be pulled off Agenda this evening Date: Monday, March 12, 2007 12:20 PM From: Anton Dahlerbruch_City of Rolling Hills <adahlerbruch@cityofrh.net> To: Anton Dahlerbruch adahlerbruch@cityofrh.net Cc: Nan Huang nhuang@cityofrh.net Category: Rolling Hills Honorable Mayor and City Council, On the Consent Calendar agenda for the City Council meeting tonight, on the list of bills to be paid, is a payment of $34,385.50 for Erosion Control Specialists (ECS). The amount represents the 2nd half of their contract to cover the completion of their winterization of the Poppy Trail landslide. For your information staff will be removing this item off the agenda and returning to you at a later time for its approval. At issue is a material supplier used by ECS who is owed money. We are working with ECS and the supplier to address issuance of the remaining funds for the job. In the meantime, fyi, I have also been in contact with ECS in regards to removing the remaining debris at the site and tiding up the side of the winterization; both were to have been completed by now. Thank you. Tony BCCC Anton Dahlerbruch City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 310.377.1521 www.palosverdes.com/rh Page 1 of 1 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the City Manager and attested by the City Attorney, by and between Erosion Control Specialists, hereinafter referred to as the "CONTRACTOR" and the Cit of Hills, California, hereinafter referred to as "CITY." y Rolling WHEREAS, pursuant to the emergent nature of the work the City did not issue a Notice Inviting Sealed Bids or Proposals, but accepted the bid of CONTRACTOR E Control Specialists and; rosion WHEREAS, City Council has previously authorized the City Manager to execute a " written contract with CONTRACTOR for furnishing labor, equipment and material for the #1 Poppy Trail Nuisance Abatement in the City of Rolling Hills. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: Agenda Item No.: 8-C Mtg. Date: 10/23/06 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work pursuant to Section 20168 of the California Public Contract Code for the #1 Po Trail Nuisance Abatement in the City of Rolling Hills. The work shall be performed in accordance with its proposal dated September 19, 2006, which is incorporatedhereinby reference and attached hereto as. Exhibit A. Notwithstanding the foregoing, the City reserves the right at it's to increase, decrease, delete, or add to this scope of work, or, to enter into anylagreements with others to complete any portion of this work. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Scope of Work incorporated herein by reference as Exhibit A and made a part hereof with like force and effect as if set forth in full herein. The Exhibit A, CONTRACTORS Proposal dated September 19, 2006, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR. agrees to complete the work within 15 workin , days from the date of the notice to proceed-. g y. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as 1 proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full and effect during the period covered by this contract. force In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires 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 work of this contract. b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability Bodily Injury (not auto) $500,000 each person; $1,000,000each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. Each such policy of insurance provided for in paragraph b.. shall: 1) Be issued by an insurance company approved in writing by Ci which is admitted to do business in the State of California. tY, 2) Name as additional insured the City of Rolling Hills and. Rollin Hills Community Association, a private corporation, its officers, agents and employees, and any other parties specified in the proposal to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: It is hereby understood -and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." • 5) Otherwise be in form satisfactory to the City..." d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty ( 30 days' written notice thereof given to City by registered mail. ) e. The CONTRACTOR shall, within five (5) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in euiredin paragraphs a. and b. hereof, or deliver to the City Manager ana er or his nee a certificate of the insurance company, showingg the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate per of diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per cause a copy of such determinate diem wages. The CONTRACTOR also shall the job site. ors to be posted at The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day portion thereof, if such laborer, workman or mechanic is paid less than the ne or al g prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under 'him. e 3 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the Calif Apprenticeship Council, properly indentured 'apprentices ma ornia performance of the work. Y be em ployed in the The CONTRACTOR is _required to, make contribution to funds established administrative of apprenticeship programs if he employs registered apprentices journeymen in an a renticeable trade on such contracts and if for the the public works s to alre making such contributions: other CONTRACTOR'S on or The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules requirements may be obtained from the Director of Industrial Relations, ex -officio he Administrator of Apprenticeship, San Francisco, and other Apprenticeship Standards and its branch offices. California, or from the Divisionof 7. LEGAL HOURS OF. WORK: Eight (8) hours of labor shall constitute day's work for . all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him d be governed, by the laws of the State of California having to do with s worki g hours sl set forth b Part 7, Chapter 1, Article 3 of the Labor Code of the State` of California as amended. by hmDivision2,. nded. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five ($25.00) for each laborer, workman or mechanic employed in the execution Y y ive dollars by him or any sub- CONTRACTOR under him, upon any of the work herein mentioned, for. each calendar' day during which the laborer, �w ution of the contract, required or permitted to labor more than eight (8) hours in v' before workman or mechanic is violation of the Labor Code. 8• TRAVEL AND SUBSISTENCE PAY: and subsistence pay to each workman needed to execute hew work CONTRACTOR fired b to pay travel trct as such travel and subsistence payments are defined in the applicable collective this bargaining agreements filed in accordance with Labor Code Section 1773.8. rgaining 9. CONTRACTOR'S LIABILITY: The City of Rolling Hills and ' agents. and employees ("Idemnitees") shall not be answerable or accountable in any- for any loss or damage that may happen to the work or anypart thereof, its yfofc mannere p materials or other things used or employed in performing the ork; or foinjury or d m the to any person or persons, either workmen or employees of the CONTRACTOR of s subcontractor's or the public,' or for damage to adjoining or other property CTOn ca se whatsoever arising out of or in connection with the performance of the CONTRACTOR shall be responsible for any damage. or injury p p Y from any cause resulting from defects or obstructions or from any cause whatsoever. work. The j y to any person or property The CONTRACTOR will indemnify Indemnitees against and save Indemnitees harmless from any and all actions, claims, dame g will hold and !property, penalties, obligations or liabilities that may be asserted or claimed by � person, firm, entity, corporation, political subdivision, r any connection with the work, operation, or activities of thore CONTRACanization TOR i orn in, TOl�, his agents, 4 employees, subcontractors or invitees provided for herein, whether or no t there is concurrent passive or active negligence on the part of City. In connection therewith: a The CONTRACTOR will defend _any- action or actions filed connection with any such claims, damages, penaltiesctobligations or liabilities and will pay all costs and expenses, including attorne s' fees incurred in connection therewith. Y b The CONTRACTOR will promptly pay any judgment the CONTRACTOR or. Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR harmless therefrom. rt and the CONTRACTOR agrees to save and hold the Indemnitees c. In the event Indemnitees are made a party to an action or filed or prosecuted against the CONT y proceeding claims arising out of� . or in connection damages or other nnection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under contract as shall -be considered necessary by e and by virtue of the has been made of such actions or claims r amag damages aforesaid. retained by City until disposition This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have and This indemnity is effective without reference to the e er the law.:: of any insurance coverages, which may have been re uired . under this additional insured endorsements which ma ex q existence or applicability y tend to Indemnitees. Agreement, or any CONTRACTOR, on behalf of itself and all parties claiming it, hereby waives all rights of subrogation and contribution against the Indemnitees, acting within the scope of their duties, from all claims ; under or through incident to activities or operations performed by or on behalf while. , losses and liabilities arising our l ors of any prior, concurrent, or subsequent active or passive negligence by the of the Indemnitor regardless Liability. City agrees to indemnify, hold harmless and defend Indemnitees: from any and all claims, actions, losses, damages, charges, pet its expense Contractor which Contractor may be_ subject by virtue of Contractor entering the Trail Road - and performing the` work set forth in g expenses or attorneys fees. to manner as directed by the City. property ina rt #1 Poppy the. scope of services in a professional under this Section shall not appy to abilitincurred bye Contractor forthe City's obligations e e scope of services or which result from wrongful or malicious conduct by actions outside the performance of the work, all as to which Contractor shall indemnify and hold or negligence in the officers, agents and employees harmless. City, its Initial Anton Dahlerbruch Interim City Manager City of Rolling Hills Jason Locklin Eroson Control Specialists 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such ,person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in Exhibit A in accordance with CONTRACTOR'S Proposal dated SEPTEMBER 19 2006. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of tennination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 851583-D64 16761 Viewpoint Lane, Suite #074 Huntington Beach, CA 92647 Date By: Jason Locklin TITLE CITY OF ROLLING HILLS, CALIFORNIA By: ANTON DAHLERBRUCH, INTERIM CITY MANAGER Date ATTEST: By: DEPUTY CITY CLERK Date 6 CONTRACTOR'S Business Phone (909) 753-9637 Emergency Phone at which CONTRACTOR can be reached at any time: (909) 753-9637 APPROVED AS TO FORM: CITY ATTORNEY DATE: Marilyn Kern Tue; Mar 13„ 20.07 8:24 AM Subject: FW: Payment(s) Date: Tuesday, Martin tic 2007 7:07 AM • Frorn: Anton Dahilerbruch City of Rolling. Hills: <:ada.haer. bruch@:cityofrh!..net> To: Michael! Jenkins <rnenkins@localgovl.aw.com.> Cc: Marilyn Kern < ; kern@cityofrh.n.et> Mike„ Iftere"s the .e answer to your question last night_ The other materials: will! be faxed over to you this morning_ Thanks„ Tony Anton Dahtertrnich City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills„ CA 90274 3110.377.15211 www..palossverdes_comirh, Forwarded Message From: " jlason I'ocklin"' <jasonpl3@hotmail_com:> Date: Tuen 113 Mar 2007 05:59:37 -0800 To: adahlerbruch@:cityofrh_n.et Subject: RE: Payment(s) Tony= the guys were out there saturday to address the coverage: issue„ andl today willl be out there finishing the trash and any other things they can find that need addressing„ we: will! be done: by 112 pm and completely finished with the fob thanks Jason From: Anton Dahlerbcuch_City of Rolling Hills <adahlerl ruck@cityofrh.net> To: Jason Locklln <lasonc ecspecialists .com..> Subject Payments) Date: Tue,13 Mar 2007 05.52:58 -0700 Jason„ for processin.g th.e check and addressing the current situation:„ rodlike to find! out the fast time you or your staffworked on the Poppy Trail winterization protect the date.. And,, if you or your staff weren,t out yesterday to, adjust the ends of the coverage;, what date(s) you plan on being here.. What we are doing is preparing a. fetter to you Page.1 of 2: 0 z PHONE/ MOBILE MESSAGE NAalrAe: a�L Pow 't it. Lt; SIGNED '1 1154 ` TELEPHONED RETURNED YOUR CALL 1 �^ PLEASE CALL WILL CALL AGAIN CAME TO SEE YOU WANTS, TO SEE YOU Marilyn Kern Tue, Mar 13, 2007 7:40 AM Subject: For Mike Jenkins Date: Tuesday, March 13, 2007 5:55 AM From: Anton Dahlerbruch_City of Rolling Hills <adahlerbruch@cityofrh.net> To: Marilyn Kern <mkern@cityofrh.net> Marilyn, I am going to leave you the letter we prepared to Jason and Jim regarding the ECS payment along with some other information_ The other information is the !Vert I received from them as well as the copy of the 'Tact. We'd like to get all these documents to Mike Jenkins for review and, he's going to modify our letter_ I've also asked Jason Locklin when .he last worked on at the site and when he is coming back to tidy things up. That information Mike wants too (should you get the phone call and I'm busy). Thanks, Tony Anton Dahlerbruch City Manager. City of Rolling Hills 2 Portuguese Bend Road Rolling. Hills, CA 90274 310.377.1521 www.palosverdes.com/rh Page 1 of 1 • Ci1y ofieo llinS _AA • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com October 25, 2006 Mr. Jason Locklin Erosion Control Specialists 16761 Viewpoint Lane, Suite #074 Huntington Beach, CA 92647 Dear Mr. Locklin: At the regular City Council meeting held Monday, October 23, 2006 the City Council approved the agreement between the City of Rolling Hills and Erosion Control Specialists for the labor, equipment and material for the 1 Poppy Trail Nuisance Abatement. Enclosed please find two original agreements for your signature. Once you have signed them, please return them to us so that we can execute them. Once we have signed the agreement, will return a signed copy to you for your records. Thank you for your cooperation. Sincerely, Marilyn Kern Deputy City Clerk MLK:me 10-25-061 ockl in -1 t r. doc P: in[ed 011 Recycled fb3;,trr AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the City Manager and attested by the City Attorney, by and between Erosion Control Specialists, hereinafter referred to as the "CONTRACTOR" and the City of Rolling Hills, California, hereinafter referred to as CITY. WHEREAS, pursuant to the emergent nature of the work the City did not issue a Notice Inviting Sealed Bids or Proposals, but accepted the bid of CONTRACTOR Erosion Control Specialists and; WHEREAS, City Council has previously authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the #1 Poppy Trail Nuisance Abatement in the City of Rolling Hills. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work pursuant to Section 20168 of the California Public Contract Code for the #1 Poppy Trail Nuisance Abatement in the City of Rolling Hills. The work shall be performed in accordance with its proposal dated September 19, 2006, which is incorporated herein by reference and attached hereto as Exhibit A. Notwithstanding the foregoing, the City reserves the right at it's sole discretion to increase, decrease, delete, or add to this scope of work, or, to enter into any agreements with others to complete any portion of this wor <. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Scope of Work incorporated herein by reference as Exhibit A and made a part hereof with like force and effect as if set forth in full herein. The Exhibit A, CONTRACTOR'S Proposal dated September 19, 2006, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within 15 working days from the date of the notice to proceed. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as • • proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires 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 work of t_1is contract. b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Rolling Hills and Rolling Hills Community Association, a private corporation, its officers, agents and employees, and any other parties specified in the proposal to be so included; • 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within five (5) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. The CONTRACTOR also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 3 • • 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, 4 employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages, which may have been required under this Agreement, or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Liability. City agrees to indemnify, hold harmless and defend at its expense Contractor from any and all claims, actions, losses, damages, charges, expenses or attorneys fees to which Contractor may be subject by virtue of Contractor entering the property at #1 Poppy Trail Road and performing the work set forth in the scope of services in a professional manner as directed by the City. Notwithstanding the foregoing, the City's obligation under this Section shall not apply to liability incurred by Contractor for actions outside the scope of services or which result from wrongful or malicious conduct or negligence in the performance of the work, all as to which Contractor shall indemnify and hold City, its officers, agents and employees harmless. Initial Anton Dahlerbruch Interim City Manager City of Rolling Hills 5 Jason Locklin Eroson Control Specialists 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in Exhibit A in accordance with CONTRACTOR'S Proposal dated SEPTEMBER 19, 2006. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTORS" License No. 851583-D64 16761 Viewpoint Lane, Suite #074 Huntington Beach, CA 92647 Date By: Jason Locklin TITLE CITY OF ROLLING HILLS, CALIFORNIA By: ANTON DAHLERBRUCH, INTERIM CITY MANAGER Date ATTEST: By: Date 6 DEPUTY CITY CLERK CONTRACTOR'S Business Phone (909) 753-9637 Emergency Phone at which CONTRACTOR can be reached at any time: (909) 753-9637 PPROVED S TO FORM: ATTO DATE: /o/L3/o AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the City Manager and attested by the City Attorney, by and between Erosion Control Specialists, hereinafter referred to as the "CONTRACTOR" and the City of Rolling Hills, California, hereinafter referred to as "CITY." WHEREAS, -pursuant to the emergent nature of the work the City did not issue a Notice Inviting Sea=ed Bids or Proposals, but accepted the bid of CONTRACTOR Erosion Control Specialists and; WHEREAS, City Council has previously authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the #1 Poppy Trail Nuisance Abatement in the City of Rolling Hills. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work pursuant to Section 20168 of the California Public Contract Code for the #1 Poppy Trail Nuisance Abatement in the City of Rolling Hills. The work shall be performed in accordance with its proposal dated September 19, 2006, which is incorporated herein by reference and attached hereto as Exhibit A. Notwithstanding the foregoing, the City reserves the right at it's sole discretion to increase, decrease, delete, or add to this scope of work, or, to enter into any agreements with others to complete any portion of this work. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Scope of Work incorporated herein by reference as Exhibit A and made a part hereof with like force and effect as if set forth in full herein. The Exhibit A, CONTRACTOR'S Proposal dated September 19, 2006, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within 15 working days from the date of the notice to proceed. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. - Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as 1 proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires 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 work of this contract. b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Rolling Hills and Rolling Hills Community Association, a private corporation, its officers, agents and employees, and any other parties specified in the proposal to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain. an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within five (5) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. The CONTRACTOR also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 3 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with workinghours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, 4 employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costsand expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a arty to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemni pprovision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages, which may have been required under this Agreement, or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless. of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Liability. City agrees to indemnify, hold harmless and defend at its expense Contractor from any and all claims, actions, losses, damages, charges, expenses or attorneys fees to which Contractor may be subject by virtue of Contractor entering the property at #1 Poppy Trail Road and performing the work set forth in the scope of services in a professional manner as directed by the City. Notwithstanding the foregoing, the City's obligation under this Section shall not apply to liability incurred by Contractor for actions outside the scope of services or which result from wrongful or malicious conduct or negligence in the performance of the work, all as to which Contractor shall indemnify and hold City, its officers, agents and employees harmless. Initial Anton Dahlerbruch Interim City Manager City of Rolling Hills 5 Jason Locklin Eroson Control Specialists 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in Exhibit A in accordance with CONTRACTOR'S Proposal dated SEPTEMBER 19, 2006. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 851583-D64 16761 Viewpoint Lane, Suite #074 Huntington Beach, CA 92647 Date /f. 29 -Q,6 By: TITLE CITY OF ROLLING HILLS, CALIFORNIA Date j01°)-iIOC" Date By: ANT CH, INTERIM CITY MANAGER ATTEST: By: . IC ,,?Ate D PUTY CITY CLERK 6 CONTRACTOR'S Business Phone (909) 753-9637 Emergency Phone at which CONTRACTOR can be reached at any time: (909) 753-9637 DATE: //L3/° G =: Exhibit A Erosion Control Specialists Ca License iiSa1583 September 19, 2006 Atto: Mike Jerkins City of Rolling Hills Porturttese Lend Rd. Rolling Hills, Ca 90274 Dear lviik>_, We propose to furnish labor and materials for the Poppy Trail project in rolling hills, Ca These services will he completed in accordance with induce standards and Nall comply v.ith all laws. Prevailing wastes arc in affect on this project and bc used according to the current hourly prevailing wage rate. 1. Site mobilization 2. Debris Removal. This to include removal of all plastic and sand -bags on the slope and surrounding_ areas, including any extra debris or vegetation deemed necessary. This includes the staging at a proper area for disposal_ but does not include the disposal. (To be preformed by rolling hills city association.) 3.1E1st:illation of 1N resistant plastic sheeting to cover the entire slide arca' and be covered with. Tensar TRM 450 fiber blankets to reduce uv penetration and reduce glare from. the sun. Plastic sheeting and Tensar material will be anchored with 12" steel pins and washers. Installation. will be preformed based on supplier recommended installation methods. 4. Instnlla*don of above wound drainage devices as specified by the erosion control plan. Our price for performing the work is 563,771.00. As soon as we have your approval we can commence work. This .vork is an attempt to prevent further slope No v ement but, Erosion Control Specialists will not be held liable for any further mo\'cancnt of the slope and any corresponding damage or injury relating to such. 11 is highly recommended that the plastic sheeting and corresponding drainage system be mm ntained throughout the rainy season. The measures rye temporary and must bc maintained to keep there proper integrity. A'laintenance services arc not included in this E.osi^n Control Speclvliztc eti7(5] Vier.pninr Ln. Ste ti 074 Huntington Bench, CA (500)370-1015 0Q-") 753.0617 ECSPECIMLISTS.CO:r Resolution No. 1014 -6- 1l-::5 71 Erosion Control Specialists :I'- hi:::::11; LI Ca License 14%1583 proposal but can be provided throucbout the rainy season uix,i regJc t and based on nvailabilit,. Sincerely. .faso LCiklin Erosion Control Specialists 909-753-9637 800-376-1015 Jason, z;ecspcci:lists.com Ernlon Cnntrr.I Sprrinlisfs 16761 \ :.,•point L.. Stc i n74 Hnnt;ng n 1= ta cach, Ca (Ea()) 376-1015 (9O) 7.43-9637 rCSrECL.\U.513.Co;•i -r Resolution No. 1014 CORD CERTIFICATE OF LIABILITY INSURANCE _ DATE(MM/DD/YYYY) 12/19/2006 TM PRODUCER (800) 450-8013 FAX (80• Target Financial & Insurance Servi License #0743582 6630 Flanders Drive San Diego, CA, 92121 i 2 IFICATE IS ISSUED AS A MATTER OF INFORMATION CONFERS NO RIGHTS UPON THE CERT FICATE HIS CERTIFICATE DOES NOT AMEND, EXTEND OR A COVERAGE AFFORDED BY THE POLICIES BELOW. DEC2 I bJ URERS AFFORDING COVERAGE- NAIC # INSURED Erosion Control -Specialists 16761 Viewpoint Lane #074 'Huntington,Beach, CA 92647 j Y OF ROLL BY INSURER A: Everest Indemnity ,,", rINSUR RB,Century National I �v INSURER D: INSURER E: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR_INSRC AMYL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE WM/DEWY) LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 4000005782061 04/05/2006 04/05/2007 EACHOCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES nncurpnre) $ . 50,000 CLAIMS MADE X OCCUR (FR MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X PRO LOC POLICY JECT B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS -NON-OWNED AUTOS • ' ., •. BAP153855 05/04/2006 _ ; , - 05/04/2007 ... . . .. COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X X BODILY INJURY -- (Per accident) $ X .. PROPERTY DAMAGE (Per accident) - ... .. $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE . RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A OTHER Pollution Liability 4000005782061 04/05/2006 04/05/2007 Aggregate Limit: $2,000,000 Each Pollution Condition Limit $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Rolling Hills and Rolling Hills Community Asscoiation, a private corporation, its officers, agents and employees are named Additional Insured per the attached endorsement. *10 day notice of cancellation for nonpayment of premium/ 30 days all others. CERTIFICATE HOLDER CANCELLATION City of Rolling Hills Attn: Craig Nealis #2 Portuguese Bend Road Rolling Hills, CA 90274 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLS MAIL 30* DAYS WRITTEN NOTICE T E CERTIFICATE H NAMED TO THE LEFT AUTHORIZED REPRE ACORD 25 (2001/08) FAX: (310) 377-7288 ©ACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11 — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: ECG 20 503 12 04 (1) AU work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has boon completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its'intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Copyright Everest Reinsurance Company, 2002 Includes copyrighted materiel of Insurance Services Office, Inc„ with its permission. Page 1 of 1 VI STATE COMPENSATION INSURANCE FUND. CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-19-2006 CITY OF ROLLING HILLS 2 PORTUGUESE BEND RD ROLLING HILLS GENERAL STORE CA 90274-5171 SD GROUP: 000229 POLICY NUMBER: 0037082-2006 CERTIFICATE ID: 7 CERTIFICATE EXPIRES: 10-01-2007 10-01-2006/10-01-2007 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California ,insurance Commissioner to the employer named below for the policyperiod indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. 0.l1�2.Q� THORIZED REPRESENTATI PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-08-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LOCKLIN JASON PAUL DBA: EROSION CONTROL SD SPECIALISTS PO BOX 1626 HUNTINGTON BEACH CA 92647 (REV.2-05) [B18,SD] PRINTED : 12-19-2006 SD 12/19/2006 16:41 0000000000 INSURANCE OFFICE PAGE 01/03 INNSS, - O-a CERTIFICATE OF LIABILITY INSURANCE PRODUCER PR (800)450-8013 FAX (800)434-8053 Target Financial 8 Insurance Services License #0748582 6630 Flanders Drive San Diego, CA 92121 INSURED Erosion Control Specialists 16751 Viewpoint Lane #074 Huntington Bach, CA 92647 Co_ _. VERAcgs DATE (MM/DOryyro .2/19/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOE$ NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIO ES BELOW. INSURERS AFFORDING COVERAGE INSURER A; Everest Indemnity INSURER B: Cen.tUry National INSURER O: INSURER D: INSURER E: NAIC # THE POLICIES QF 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DO'L NsAc A X x TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P LILY EXPI TION GENERALuaeILITY 4000005782061 04/05/2006 04/05/2007 EACHOCCURRENCE LIMITS COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PRFMMA (Fa CCCUreinra) CLAIMS MADE X OCCUR MED EXP (Any one person) GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO• r"'� JECT I I LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LtAEILITY ANY AUTO DEC. 1 ,9 2006 EXCESS/UMBRELLA LIABILITY OCCUR I, I CLAIMS MADE DEDUCTIBLE RETENTION A EA.P15.$855 PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG s 1,000,000 50,000 $ 5,000 $ 1,000,000 $ 2,000,000 s 2,000,000 CITY OF ROLLING HILLS By. WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? IT vet, deacnbe undar SPECIAL PROVISIONS below 1?offution Liability 4000005782061 DESCRIPTION OF OPERATIONS / LOCATIONS t VEHICLES ! EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS he City of Rolling Hills and Rolling Hills Community A$,acoiation, a private corporation, its officers, agents and employees are named Additional Insured per the attached endorsement. *10 day notice of cancellation for nonpayment of premium/ 30 days all others. 05/04/2007 COMBINED SINGLE LIMIT (Ea accIcren!) BODILY INJURY (Per per.tan) 1,000,000 BODILY INJURY (Per accident) PROPERTY DAMAGE (Peraoaldep) 04/05/2006 04/05/2007 AUTO ONLY • EA ACCIDENT S OTHER THAN AUTO ONLY; EA ACC AGO EACH OCCURRENCE $ S AGGREGATE S $ I TORY LAIMITSJ,,. I ERH EL. EACH ACCIDENT EL DISEASE • EA EMPLOYEE S E.L. DISEASE. POLICY LIMIT $ Aggregate Limit: $2,000,000 Each Pollution Condition Limit $1,000,000 RTIFICATE_HOL ER City of Rolling Huila Attn.: Craig Z'1ealis #2 Portuguese Bend Road, Rolling Hills, CA 90274 ACORD 26 (2001/08) FAX: (310) 377-7288 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL, MAIL 80* DAYS WRITTEN NOTICE E CERTIFICATE R NAMED TO THE LEFT. AUTHORI2ED REPRO (®CORD CORPORATION 1988 12/19/2006 16:41 0000000000 INSURANCE OFFICE PAGE 02/03 THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ iT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This eltdursentaiiL titUdirie5 its UIUr Km provided under the following: CONTRAGTQRS POLLUTIQN LIABILITY COVERAGE PART SCHEDULE Name of Person qr Organization; Any person or organization that is; 1. An owner of real or personal properly on which you are perfomvng operator's, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance argent or broker; or 2_ A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b_ A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations 2S applicable to this endorsement) A. Section 1I — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the tollowing exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: ECG 20 503 12 04 (2) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the site of the covered operations has boon completed; or That portion of "your work" out of which the injury or damage arises has been put to its'intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project Copyright Everest Reinsurance Company, 2002 Includen copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 12/19/2006 16:41 0000000000 INSURANCE OFFICE CERTHOLDER COPY STATE P.0_ BOX 420807, SAN FRANCISCO,CA 94142,-0807 COMPENSATION INSU ANGLE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-19-2QOt3 CITY OF ROLLING HILLS 2 PORTUGUESE BEND RD ROLLING HILLS GENERAL STORE CA 90274-6171 SD GROUP: 000228 POLICY NUMBER: 00370$2-2000 CERTIFICATE ID: 7 CERTIFICATE EXPIRES: 10-01-20Q7 10-01-2006/14-01-2007 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer, We will also give you 3Qdays advance notice should this policy be cancelled prior to Its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein, Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein Is subject to all the terms, exclusions, and conditions, of such policy, THORIZED REPRESENTATI1 PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-08-2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. PAGE 03/03 EMPLOYER LOCKLIN JASON PAUL, EGA: EROSION CONTROL Sp SPECIALISTS PO BOX 1C2e HUNTINGTON BEACH CA 92847 IREV.2 os} [ 18,SD] PRINTED : 12-1a-2QQ8 SD