17-1201_ROHAN AND SONS, INC_Maintenance Services AgreementCITY OF SAì{ JUAN CAPISTRANO
MAINTENANCE SERVICES AGRßEMENT
FOR HEATING, VENTILATION, AND ATR CONDITIOIYING MAINTENA}ÍCE AND
REPAIRS SERVICES
1. Plnrms mu DnrB.
This Agreement is made and entered into this lst day of Deoember,2AlT by and between
the City of San Juan Capisüano, a municipal co¡poration organized under the laws of the State of
California with its principal place of business at 32400 Paseo Adelanto, San Juan CapisFano,
Califomia 92675 ("City') and Rohan and Sons, [nc. a California corporation rilith its principal
place of business at 244 Calle Pintoresco, San Clemente, CA. 92673 (ooConüactot'). City and
Contractor are sometimes individually refened to as 'oParty" and collectively as "Parties'o in this
Agreement.
2, Rpcrrem.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this
Agreement. Contractor represents that it is experienced in providing HVAC maintenance and
repair services to public clients, that it and its employees or subcontractors have all necessary
licenses and permits to perform the Services in the State of Califomia, and that is familiar with
the plans of City. Contractor shall not subcontract any portion of the work required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stþulated in
this Agreement.
2,2 Project.
City desires to engage Conüactor to render such services for the TIVAC Maintenance and
Repair Services project ('?roject') as set forth in this Agreement.
3. Trnms.
3.1 Scope of Services and Term.
3.1.1 GeneralScope of Services. Contractor promises and agrees to furnish to
the City all labor, materials, tools, equiprnent, services, and incident¿l and customary work
necessary to fully and adequately supply the professional HVAC Maintenance and Repair
Services necessa¡y for the Project ("Services"). The Services are more partìcularly described in
Exhibit "A" attached hereto and incorporated herein by referenee. All Services shall be subject
to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state a¡rd federal laws, rules and
regulations.
w,<*N
6l 147. 021 00\30 160265. I
MSA page 1
3.1.2 Term. The terrr of this Agreement shall be from December 1.,20t7 to
June 30, 2022, unless ea¡lier terminated as provided herein. Contractor shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines. The Parties may, by mutual, written consent, extend the tenn of this Agreement if
necessary to complete the Services.
3.2 ResponsÍbilitiosofContractor.
3.2.1 Çontrol and Payment of Subordinates: Independent Cgr-rtrqgfol. The
Services shall be perfonned by Contractor or under its supervision. Confuactor will determine
the means, methods and detâils of performing the Services subject to the requirements of this
Agreernent. City retains Conkactor on an independent contactor basis and not as an employee.
Contraclor Ìetains the right to perform similar or different services fsr others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Confractor shall also not be employees of City and shall at all times be under
Contactor's exclusive direction and control. Contractor shall pay ail wages, salaries, and other
amounts due such personnel in connection with their performance of Seryices under this
Agreement and as required by law. Conhactor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, disability insurance, and workers' compen¡ation
insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit 'oB" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Contractor's conformance
with the Schedule, City shall respond to Contractor's submitt¿ls in a timely manner, Upon
request of Cþ, Contractor shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Aoplicable Requirements. All work prepared by
Contractor shall be subject to the approval of City,
3,2.4 City's Representdliv-ç. The City hereþ designates Director of Public
Works and Utilities, or his or her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act on
behalf of the City for all purposes under this Agreement. Contactor shall not accept direction or
orders frorn any Frson other than the City's Representative or his or her designee.
3,2.5 Contractor's Representative. Contactor hereby designates Dean Rohan,
V.P. or Tom Medina V.P., or his or her designee, to act as its representative for the performance
of this Agreement (o'Contractor's Representative"). Contractor's Rçresentative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services t¡nder this Agreement.
lþ.(rù
6t 147.021 00\30 160265. I
MSA page 2
3.2,6 Coor4inatíon of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staË consultants and other
staffat all reasonable times.
3.2.7 Stqfida¡d of Ca¡e: Perfonmance of Emplo]¡ees. Contractor shall perform
all Services rurder this Agreement in a skillful and competent marurer, consistent with the
standa¡ds generally recognized as being employed by professionals in the same discipline in the
Søte of Califomia. Contractor represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Contractor wa:rants that all employees and
subconhactors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Contactor represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that a¡e legally required to perform the
Services, including a Crty Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Conhactor shall perform, at its own cost and expense and without
reimbursement from the Cþ, any services necessary to correct ellors or omissions which a¡e
caused by the Contractorrs failure to comply with the standard of care provided for herein. Any
employee of the Contractor or its sub-contractors who is detemrined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or ret¡ses to perform the Services
in a manner acceptable to the City, shall be pronrptly removed from the Project by the Contractor
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2,8 Period of Performance and Liquidated Da¡naees. Confractor shall perform
and complete all Services under this Ageement within the term set forth in Section 3.1.2 above
('Performance Time"). Contractor shall perform the Services in strict acco¡dance with any
completion schedule or Project milestones described in Exhibits "4" or *8" attached hereto, or
which may be provided separately in writing to the Conüactor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pusuant to any
such completion schedule or Project rnilestones developed pursuant to provisions of this
Agreemcnt, it is understood, acknowledged and agreed that tlre City will suffer damage.
Pr¡rsuant to Govemment Code Section 53069.85, Contractor shall pay to the City as fixed and
liquidated darnages, and not as a penalty, the sum of FIVE HUNDRED DOLLARS ($500.00)
per day for each and every calenda¡ day of delay beyond the Performance Time or beyond any
completion schedule or Project milestones established pursuant to this Agreement.
3.2,9 Disputes. Should any dispute arise respecting the tn¡e value of any work
done, of any work omitted" or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contactor during the performancæ of this Agreement,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City's decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations: Employee/Labor Certiûcations. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
CaUOSHA requirements, and shall give all notices required by law. Contractor shall be liable
0p
<ñ
6 ¡ t47.ûZI 00\30 160265. I
MSA page 3
for all violations of such laws and regulations in connection with Services, If the Contractor
performs any work knowing it to be conhary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. Cify is a public entity of the State of Califomia subject to sertain provisions of the
Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It
is stipulated and agreed that all provisions of the law applicable to the public conûacts of a
municipality are apart of this Agreementto the same extentas though set forthherein and will
be complied with. These include but are not limited to the payment of prevailing wages, the
stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall
be permitted to work in excess of eight (8) hours during any one calendar day except as
permitted by law Contractor shall defend, indemnif and hold Cþ, its ofiñcials, officers,
employees and agents free and harmless, pwsuant to the indemnificatíon provisions of this
Agreement, ftom any claim or liability arising out of any failure or alleged faih¡¡e to comply
with such laws, rules or regulations.
3.2.10.1 Employment Eligibility: Contractor. By executing this
Agreement, Conhactor verifïes that it fully complies with all requirements and restrictions of
state and federal law respeeting the employment of undocumented aliens, including, but not
limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time. Such requirements and restrictions include, but are not limited to, examination and
retention of documentation confirming the identity and immigration status of each employee of
the Contractor. Cont¡astor also verifies that it has not committed a violation of any such law
within the five (5) years immediately preceding the date of execution of this Agreanent, and
shall not violate any such law at any time during the term of the Agreetnent. Conhactor shall
avoid any violation of any such law during the term of this Agreement by participating in an
electronic verification of work authorization progra¡n operated by the United Statcs Deparhnent
of Homeland Secruity, by participating in an equivalent federal wo¡k authorization program
operated by the United States Department of Homeland Seeurity to veri$ information of newly
hired employees, or by some other legally acceptable method. Contractor shall maintain records
of each such verifìcation, and shall make them available to the City or its representatives for
inspeotion and copy at any time during normal business hours. The City shall not be responsible
for any costs or expenses related to Contractor's compliance with the requirements provided for
in Section 3.2. I 0 or any of its sub-sections.
3.2.ß,2 F.mnlovment F'lioihilitv'Subcontractors- Suh-
subconfactors and Consultants. To the same extent a¡rd under the same conditions as
Contractor, Contractor shall require all ofits subcontactors, sub-subcontractors and consultants
performing any work relating to the Project or this Agreement to make the same verifications
and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility: Failwe to Comrly. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized ofñcer
of Contractor, and understands that any of the following shall be grounds for the City to
terminate the Agreement for cause: (1) failure of Contractor or its subconftactors, sub-
subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1
or 3.2,N.2: (2) any misrepresentation or material omission conceming compliance with such
requirements (including in those verifications provided to the Contractor under Section 3.2.10.2);
9r
6 I 147.02100U0 t6026s. l
MSA page 4
or (3) failure to immediately remove from the Project any person found not to be in compliance
with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the Califomia Labor Code which
require every employer to be insured against liability for Workers' Compensation or to undert¿ke
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Sewices.
3.2.10.5 Equal Opportunity Employm.çst. Contractor represents that
it is an equal opporhrnity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of tace, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, üansfer, recruitment or recruitnrent
advertising, layoff or termination.
3.2.10.6 Air Ouality. Conüactor must fully comply vvith
all applicable laws, rules and regulations in fi¡rnishing or using equipment and/or providing
services, including, but not limited to, emissions limits and permitting requirements imposed by
the Califomia Air Resouces Board (CARB). Conhactor shall specifically be aware of the
CARB limits and requirements' application to "portable equipmentu, which definition is
considered by CARB to include any item of equipment with a fuel-powered engine. Conhactor
shall indemnify City against any fines or penalties imposed by CARB or âny other govemmental
or regulatory agency for violations of applicable laws, rules and/or regulations by Conbactor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreernent.
3.2,1A,7 W'ater Oualitv.
(A) Management and Co,mpliance. To the extent applicable,
Contractor's Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U,S.C. $$ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code $$ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City's ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground
or surface water in the state,
(B) Liabiliqv for Non-Complþnce. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Confractor or City to penalties, flnes, or additional regulatory requirements. Contactor shall
defend, indemnifr and hold the Cþ, its offïcials, officers, employees, volunteers and agents free
and harrnless, pursuant to the indemnification provisions of this Ageemenl from and against
any and all fines, penalties, claims or other regulatory requirements imposed as a result of
Contractor's non-compliance with the laws, regulations and policies described in this Section,
ó I t47.021 00\30 tó0265. I
MSA page 5
w.
unless such non-compliance is the result of the sole established negligencc, rÃ/illñ¡l misconduct or
active negligence of the City, its officials, offrcers, agents, employees or authorized volunteers.
(C) Trainine. ln addition to any other standard of ca¡e
requirements set forth in this Agteement, Contractor warrants that all employees and
subcontractors shall have suffrcient skill and experience to perfonn the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
this Section. Contactor further warrânts that it, its employoes and subcontr.actors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, City will provide Contractor with a list of taining programs that
meet the requirernents of this paragraph.
3.2.1L Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence
Work under this Agteement until it has provided evidence satisfactory to the City that it has
secu¡ed all insurance required under this Section. In addition, Contractor shall'not allow any
subcontractor to commence work on any subcont¡act until it has provided evidence satisfactory
to the City that the zubcontractor has secured all insruance required under this Section.
3.2.1L.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement instuance against claims for injuries to
persons or damages to property whioh may arise f¡om or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontactors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels ofcoverage:
(Ð Minimum Scope of Insu¡ance. Coverage shall be at least as
broad as the latest version of the following: (l) Geræral Liability: lnsurance Services Offrce
Commercial General Liability coverage (occurrence forrn CG 0001); Q) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code I (any auto);
and (3) llorkers' Compensation cnd Employer's Liability: Workers' Compensation insurance as
required by the State of Califomia and Employer's Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24
26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minilrum Limits oJ Insurance. Contractor shall maintain
limits no less than: (l) General Liabilíty: $1,000,000.00 per occunence fot bodily injury,
personal injury and property damage. If Commercial General Liability Insuance or other fonn
with general aggregate limit is used including, but not limited to, fomr CG 2503, either the
general aggregate limit shall apply separately to this Agreernenllocation or the general aggregate
limit shall be twiee the required occrurence limit; (2) Automobìle Liability: $1,000,000.00 per
accident for bodily injury and property damage; and (3) ll/orkers' Compensatíon and Employer's
Liability: Workers' Compensation limits as required by the Labor Code of the State of
Q,Þ'
z1rl"
ó r ¡ 47.û2 t00u0 160265. I
MSA page 6
Califomia. Employer's Liability limits of $1,000,000.00 per accident for bodily injury or
disease. Defense costs shall be paid in addition to the limits.
(C) Notices: Cancellation or Reduction of Coveragg. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is
cancelled or materially reduced, Contracùor shall, within tEn (10) days after receipt of r¡¡ritten
notice of such cancellation or reduction of coverage, file with the Cþ evidence of insurance
showing that the required insurance has been reinstated or has been provided through another
inswa¡ce company or companies. In the event any policy of insurance required'under this
Agreement does not comply with these specifications or is canceled and not replaced, ttre Cify
has the right but not the duty to obtain the insurance it deems necessary and any premium paid
by the City will be prornptly reimbursed by Contractor or the Cþ may withhold amounts
sufficient to pay premium frorn Contraotor payments. In the alternative, the City may suspend or
terminatE this Agreement.
(D) Additional Insured. The Cþ of San Juan Capistrano, its
officials, offrcers, employees, agents, and voh¡nteers shall be named as additional insureds on
Contractor's and its subcontractors' policies of commercial general liabilþ and autornobile
liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.L1.3 lnsurance Endorsements. The insuznce policies shall
contain the following provisions, or Contactor shall provide endo¡sements on fonns supplied or
approved by the City to add the following provisions to the insuratrce policies:
(A) General Liability. The general liability policy shall include
or be endorsed (a:nended) to state that: (1) using ISO CG fonns 20 10 and 20 37, or
endorsements providing the exact same coverage, the Cþ of San Juan Capistano, its officials,
officers, employees, agents, and volunteers shall be covered as additional insured with respect to
the Services or ongoing and complete operations perforrred by or on behalf of the Contactor,
including materials, parts or equipment fumished in connection with such work; and (2) using
ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage
shall be primary insurance as respects the City, its offrcials, officers, employees, agents, and
volunteers, or ifexcess, shall stand in an unbroken chain ofcoverage excess ofthe Conbactor's
schcduled underlying coverage. Any excess insurance shall contain a provision that such
coverage shall also apply on a primary and noncontibutory basis for the benefit of the Cþ,
before the City's own primary insurance or self-insurance shall be called upon to protect it as a
named insured. Any insruance or self-insurance maintained by the City, its offrcials, officers,
employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be
called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in
Section 3.2,11.2(B), any available insurance proceeds in excess of the specified minimum limits
ofcoverage shall be available to the parties required to be na:ned as additional insureds pursuant
to this Section 3,2.11.3(A).
(B) Automobile Liability. The autornobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its ofücials, officers, employees,
agents, and volunteers shall be covered as additional insureds with respect to the ownership,
Q, O,
4$ól 147.02100\30160265.r
MSA page 7
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or bonowed
by the Contractor or for which the Contractor is responsible; and (2) the insr¡ance coverage shall
be primary insurance as tespects the City, its officials, ofñcers, employees, agents, and
volunteers, or ifexcess, shall stand in an unbroken chain ofcoverage excess ofthe Contractor's
scheduled underlying coverage. Any insuranoe or self-insr¡rance maintained by the Cþ, its
offi.cials, officers, employees, agents, and volunteers shall be excess of the Contractor's
insr¡rance and shall not be called upon to contribute with it in any way. Notwithstanding the
minimum limits set forth in Section 3.2.11,2(B), any available insurance proceeds in excess of
the specified minimum limits of coverage shali be available to the parties required to be named
as additional insrueds pursuant to this Section 3.2.11.3(B),
(C) V/orkers' Compensation and Emplolver's Liaþility
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials,
officers, employees, agents, and volunteers for losses paid under the terms of the insurance
policy which arise from work performed by the Confractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state thaÍ (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premiunr) prior written
notice by certified mail, return receipt requested, has been given to the City; and (B) any failue
to comply with reporting or other provisions of the policies, including breaches of warranties,
shall not affect coverage provided to the City, its officials, officers, employees, agents, and
volunteers. Any failwe to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect ooverage provided to the City, its offi"cials, officers,
employees, agents and voh.¡nteers, ot any other additional insureds.
3.2.11.4 Sepa¡ajion of Insureds: Ng Special Limitations: Waiver of
Subroeation. All insuance required by this Section shall contain st¡ndard separation of insureds
provisions. In addition, such inswance shall not contain any special limit¿tions on thE scope of
protection afforded to the City, its of8cials, officers, employees, agents, and volunteers. All
policies shall waive any right of subrogation of the insurer against the City, its offrcials, officers,
employees, agents, and volt¡nteers, or any other additional insureds, or shall specifically allow
Contractor or others providing insr¡rance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, its officials, officers, employees, agents, and volunteeñ¡, or any other additional
insureds, and shall require simila¡ written express waivers and insruance clauses from each of its
subcontactors.
3.2.11.5 Dedustibles and Self-Iqsr¡rance Reæntioqs. Any
deductibles or self-insr¡red retentions must be declared to a¡d approved by the City. Conhactor
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officials, officers, employees,
agents, and voh¡nteers; or (2) the contractor shall procure a bond guaranteeing payment oflosses
and related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractol Insr¡rance RequirgtBents. Contractor shall
not allow any subcontractors to commence work on any subcontract relating to the work under
\,F,6r 147.02100\30160265. I
MSA page I
/.s
the Agreement until they have provided evidence satisfactory to the City ttrat they have secr¡red
all ínswance required under this Section. If requested by Conhactor, the City may approve
different sçopes or minimum limits of insurance for particular subcontractors. The Contractor
and the City shall be named as additional insureds on all subcontractors' policies of Commercial
General Liability using ISO form 20 38, or coverage at least as broad.
3.2.L1.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a cu¡rent A.M. Best's rating no less than A:VI[, licensed to do business in
Califomia, and satisfactory to the Cþ.
3.2.11.8 Verification of .Coveragq. Contractor shall furnish Cify
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for e¿ch
insruance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms providèd by the City if requested, A1l certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2-11.9 Repo{ing of Claims. Contractor shall report to the City, in
addition to Contraotor's insurer, any and all insr¡rance claims subrnitted by Contactor in
connection with the Services under this Agreement.
3.2.12 Safetv. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Sewices, the Conüactor shall at
all times be in complia¡rce with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcont¡actors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate .facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 IRESERVED]
3.2.L4 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incuned under this Agreement. All such records
shall be clearly idE¡rtifiable. Contractor shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Cont¡actor shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of ttuee (3)
years from the date of final payment under this Agreement.
3.3 Fees ¡nd Payments.
Q,[-
<\r.6l 147.û2100\30 160265. I
MSApage 9
3.3,1 Colnnensation. Conhactor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreernent at thE rates sct forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed LINIT PRICES NOTED IN EXHIBIT rÉC)' AND NOT TO EXCEED THE
AGGREGATE AVAILABLE FLINDING AMOUNT IN THE OPERATING A}ID CAPITAL
IMPROVEMENT BUDGET and without written approval of City's Director of Public Works
and Utilities. Exta Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in this Agreement.
3.3,2 Paymen! of Compensation. Contractor shall submit to City a monthly
itcmizcd statement which indicates work completed and hours 'of Services rendered by
Contractor, The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the sta¡t of the subsequent billing periods, as appropriate,
tbrough the date of the statement. City shall, within 45 days of receiving such st¿tement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbu¡sed for any
expenses unless authorized in writing by City-
3.3.4 Extra Work. At any tirne during the term of this Agreement, City may
request that Contractor per{orm Extra Work. As used herein, "Extra Work'mcans any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Exta Work without written authorization
from City' s Representative.
3.3.5 Prevailing Wagcs. Contractor is awa¡e of thc requirements of California
Labor Code Section 172A, et seq., and 1770, et seq., as well as Califomia Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of
prevailing wage rates and the pcrfiormance of other requirements on o'public works" and
"maintenance" projects. Since the Services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing V/age Laws, and since the total
eompensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. City shall provide Conuactor with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Contractor shall make copies of the prevailing
rates of per diem wages for each craft, classification or tlpe of worker needed to execute the
Services available to interested parties upon request" and shall post copies at the Conûactor's
principal place of business and at the project site, Contractor shall defend, indemniff and hold
the City, its officials, offlcers, employees and agents fiee and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3,3,6 Registrãtion. Since the Services are being performed as part of an
applicable 'opublio works" or "maintenance" project, then pursur¡nt to Labor Code Sections
1725 .5 and L77l .l , the Conüactor and all subcontracto¡s must be registered with the Departnent
of Industrial Relations. Contractor shall maintain registration for the dr¡ration of the Project and
require the same of any subcontractor. This Project may also be subject to compliance
monitoring and enforcement by the Deparünent of Industrial Relations. It shall be Contactor's
!.fi,.<s6 I 147.02t 00\30160265. l
MSA page 10
sole responsibility to comply with all applicable registration and labor compliance requírements
See Exhibit D 'oCertificate of Compliance".
3,4 Termination of Agreement.
3.4.L Grounds for Tem.rination. City may, by written notice to Contractor;
terminate the whole or any part of this Agreement at any time and without cause by giving
writæn notice to Contractor of such temrination, and specifring the effective date thereof, at least
seven (7) days before the effective date of such termination. Upon terrnination, Contractor shall
be compensated only for those services which have been adequately rendered to Cþ, and
Contactor shall be entitled to no fi¡rther compensation. Contraotor may not terminate this
Agreement except for cause.
3.4.2 Effect of Te{mination. If this Agreement is terminated as provided herein,
Cþ may require Conlractor to provide all finished or unfinished Doeuments and Data and other
information of any kind prepared by Contractor in connection with the performanoe of Services
under this Agreement. Conkactor shall be required to provide such document and other
information within fifteen (15) days ofthe request.
3.4.3 Additional Servi-ces. In the event this Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terms and in such manner æ it may
determine appropriate, sen¡ices similar to those terrninated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices perrritted or required under this
Agreement shatl be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Contractor:
Rohan and Sons, Inc.
244 Calle Pintoresco, San Clemente, CA. 92673
Dean Rohan, V.P. or Tom Medina V.P.
City
City of San Juan Capistrano
3240A Paseo Adelanto
San Juan Capistrano, CA92675
Attn: Director of Public Works and Utilities
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hotus after deposit in the U;S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on tlrc date
actual notice occurred, regardless ofthe method ofservice.
3.5.2 Indemnification.
$p
<$¡\
6l 147.û21 00\30160265. I
MSA page 11
3.5.2.1Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemniff and hold the City, its ofñcials, officers, employees,
volunteers and agents free and harrnless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or rnjury of any kind, in law or equity, to propefy or
porsons, including wrongful death, irr any manner arising out of, pertaining to, or incident to any
alleged acts, enors or omissions of Contractor, its offtcials, officers, employees, subconftactors,
consultants or agents in connection with the performance of the Contractor's Services, the
Project or this Agreement, including without iimitation the payment of all consequential
damages, expert witness fees and attorneys' f,ees æd other relatcd costs and cxpenses.
Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that a¡ise out ofl pertain to, or relate to the negligence, recklessness, ot
willful misconduct of the Contractor.
3. 5 .2.2 Additional Indemnitl, Obli gations. Contractor shall defend, wittr
Counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims,
suits, actions or other proceedings of every kind covered by Section 3.5.2,I that may be brought
or instituted against City or its officials, offrcers, employees, volunteers and agents. Contractor
shall pay and satisfy any judgment, award or decres that may be rendered against City or its
ofFrcials, officers, employees, volunteers and agents as part of any such claim, suit, action or
other proceeding. Cont¡actor shall also reimburse City for the cost of any settlement paid by
City or its ofücials, officers, employees, agents or voh¡nteers as part of any such claim, suit,
action or other proceeding. Such reimburs€ment shall include payment for City's attorneys' fees
and costs, including expert witness fees. Contractor shall reimhnse Cþ and its ofFrcials,
offrcers, employees, agents, and/or volunteers, for any and all legal expenses and costs incr¡rred
by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemniff shall survive expiration or tennination of this Agreement
and shall not be restricted to insurance proceeds, if any, received by the City, its offrcials
officers, employees, agents, or volunteers.
3.5.3 Governing Law: Government Code Clai4 Complianse. This Agreement
shall be govemed by the laws of the State of California. Venue shall be in Orange County,
California. In addition to any and all contract requirements pertaining to notices of and requests
for compensation or payment for ext¡a work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Govemment Code sections 900 et
seq. prior to filing any lawsuit against the Cþ. Such Government Code claims and any
subsequent lawsuit based upon the Govemment Code claims shall be limited to those matters
that remain umesolved after all procedures pertaining to extra worþ dísputed work, claims,
and/or changed conditions have been followed by Contractor. [f no such Govemment Code
claim is submitted, or if any prerequisite contractual requirements æe not otherwise salisfied as
specified herein, Contractor shall be ba¡red from bringing and maintaining a valid lawsuit against
the City.
3,5.4 Time of Essence. Time is of'the essence for each and every provision of
this Agreement.
6t 147.02 I 00\30 I 60265. I
MSA page 12 Q$'-ç[r
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reæon of such attempted
assignment, hlpothecation or Fansfer.
3.5,8 Construction: References: Captions. Since the Parties or their agents have
participated flrlly in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party, Any
term referencing time, days or period for perforrrance shall be deemed calendar days and not
work days. All references to Contractor includE all personnel, employees, agents, and
subcontractors of Cont¡actor, except as otherwise specified in this Agreement. All references to
City include its officials, officers, employees, agents, and volunteers exoept as otherwise
specified in this Agreement. The captions of the various a¡ticles and paragraphs a¡e for
convenience and ease of rcference only, and do not define, limit, augment, or describe the scope,
content or intent of this Agreement.
3.5.9 Amendment: Modification. No supplement, modiflrcation or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waive{. No waiver of any default shall constitute a waiver of any other
default or b¡each, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Parfy any
confractual rights by custom, estoppel or otherwise.
3.5.11 No Thi¡d Bar.tv..Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invaliditv: Severabililv. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.13 Pfohlbited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or securo this Agreement. Further, Contractor $'arrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide anployee working
solely for Contractor, any fee, commissior¡ percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor ñ¡rther
agrees to file, or shall cause its employees or subcontraotors to frle, a Statement of Economic
Interest wittr the City's Filing Officer as required under state law in the performance of the
Services. For breach or violation of this wananty, City shall have the right to rescind this
MSA page 13
6t r47.@r00\30160265, ¡0s
Agreement wíthout liability. For the term of this Agreement no member, offrcer or employee of
City, during the term of his or her service with City, shall have any dÍrect interest in this
Agreement, or obtain any present or anticipated rnaterial benefit arising thereûom.
3.5.14 Cooperation:.Further. Acts, The Parties shatl ñrlly coopelate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agteement.
3.5.15 Attofneys' Fees and Costs. If any action in law or equþ, including an
action for declaratory relief, is brought to enforce or interpret the provisions of this Agreemenf
the prevailing Party shall be entitled to recover from the losing party attorney's fees and costs in
an amount determined to be reasonable by a court of competent jwisdiction.
3.5.16 Autrority to Enter Ag¡eement. Contactor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
wa¡rants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind cach respective Parfy.
3.5.17 Countema¡ts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agrecments. This Agreement may only be modified by a writing signed by
both parties
3.s.19 IRESERVEpI
ISTGNATURES ON NEXT PAGEI
\¡,-<{\
6 t 147.02100\30160265. I
MSA page 14
CITY OF SAN JUAN CAPISTRANO
Approved B
INC.
-<"-<'sf,^ù*
çL - Go*¡s b'\eotxÀ
V.?,
¡1 I 7¡
S Signatureur
Name
u.r
¡tv
To Form:
Title
Date
MSApage 15
I LI 1.
6 I r 47.02 I 00\30 t60265. r
EXHIBIT'A"
Scope of Services
General:
a) Work will ordinarily be performed between the hourc of 7:00 AM and 5;3,0, !M, Monday
through Friday (except where noted). During emergencies, work may be required at other
than normal hours. The Contractor must receive the approval of the Director of Public
Works (herein after Director) or authorized represenfative, glqto commencing any
work and in all cases.
b) Contractor shall maintain an adequate crcw of employees to perform the service required.
c) Contractor will be required to supply a list of equipment owned and available for work.
cl) Unit prices quoted shall include all requirecl safety equipment. Traffic control may be
required on some sites, and shall be included in quoted prices.
e) Unit prices for after-hours or emergency work shall be fbr actual time spent on the job
site. No tmvel time will be paid.
Ð Contractor shall protect any and all private property adjacent to work areas. Any damage
to private property resulting directly or indirectly from Contractor's actions shall be the
rcsponsibility of the Contractor.
g) AU employees of Contractor shall wcar a uniform or shirt that clearly identifies the
company.
h) Contractor must be able to provide a list of ernployee's names, dates worked and hours
worked on each date, f'or each project or job, if requested by the City.
i) Contractor agrees to require his/her employees to present a neat appearance at all times
while engaged in the performance of their duties and maintain good bearing and
deportment towards the public. Should, for any reason, an employee be unsatisfactory in
the opinion of the Director or authorized representative, the Contractor, when notified in
writing, shall cause that ernployee to be removed from the project or job and replaced by
an employee satisfactory to the Director or authorized representative.
j) Contractor shall require each employee to adhere to basic standards of working attire.
Each employee shall wear a uniform shifi',l/ith the Contractor's company name or
insignia clearly visible, proper shoes and other gear required by state safety regulations.
6 I I 47.02 I 00\1288811 I 5. I
k) Contractor shall provide, for all projects, a supervisor/foremen with a minimum of trvc
(5) years of experience related to the HVAC industry. The supervisor/foreman shall
remain on-site during the entire project or job.
l) Contractor and all employees shall possess a valid/cunent California Driver License,
including all insurances, as required by the City.
m) Contractor shall use and fumish all vehicles and equipment necessary for the satisfactory
performance of the wor* set forth in this RFP/contract. All vehicles and equipment shall
display the name and/or logo of Contractor's company. The name and logo shall be large
enough to be easily legible from a distance of fiÍty (50) feet, during the course of their
work.
n) Contractor shall keep all vehicles and equipment in a neat and clean appearance and
maintained in excellent mechanical condition.
o) Contractor is required to supply storage for equiprnent that is used in the City. Equipment
shall not be stored in the public right of way or on any other City property without
written authorization from the Director or authorized representative.
p) Contractor is required to supply storage for materials that are used in the City. Material
shall not be stored in the public right of way or any other City propefiy without written
authorization fiom the Director or authorized representative. Contractor shall furnish all
material, including, but not limited to, equipment, etc., necessâry for the performance of
the work set forth in this contract.
q) Contractor shall provide such adequate supervision as to furnish ongoing supervision of
workmanship and adherence to schedules by the ernployees performing the work under
contract. As may bc necessary or required by City, the field supewisor or their
representative shall check with the Director ór authorized representative as to (l)
schedule of work; (2) complaints, and (3) adequacy of performance. Contractor shall
submit such reports as the City may require, ensuring compliance with scheduled work.
D The Contractor shall provide the City at all times throughout the duration of tiiis contract
emergency telephone numbers of at least two (2) qualified persons who can be called for
emergency conditions at any time that Contractor's representatives are not immediately
available at the job site. An altemate emergency number shall be provided in case no
answer is received at the first number. The emergency number shall be used to contact
the representative of the Contractor who can take the necessary action required to
alleviate an emel'gency condition or job related complaint which tlueatens to cause
damage to any City property or compromise the public's safety.
ó r | 47.1)2 r 00\128888 I 5.t
s) Contractor is required to provide the City with a 24-hour emergency numbet'for contact
outside normal working hours. The response to an emergency call-out by the Contractor
shall not be more than two (2) hours and shall be considered part of the normal contract
except when delayed by problems caused by vehicle accidents or Acts of God,
t) Contractor shall provide the City with one (l ) copy of an "Emergency Medibal Facility
Designation and Procedure Sheet" before a contract is awarded. On this sheet, the
successful proposer must designate a t\¡/enty-four (24) hour emergency medical facility to
provide emergency niedical treatment/care in the event of injury to any of the
Contractor's employees. It will be the responsibility of the Contractor's supervisor/lead
worker to transport or make arrangements for the transportation of any injured employee
to and from the designated emergency rnedical facility or any similar medical facility,
Special:
l) l#ork to be done
a) Work shall be completed by the Contractor on a regularly scheduled and as neecled basis,
pursuant to this RFP/contract. Work could be one project or several different projects
lumped together, each with varying work elements.
b) For work other than regularly schedulecl maintenance and repair services, the Director or
authorized representative will place all requests directly to the Contractor, by written
work order or via telephone call or electronic mail. The Director or authorized
representative reselves the right to request tiom the Contractor a written cost estimate
before authorizing the work. The Contractor shall respond with a cost estimate within 24
hours, excluding weekend and holiday.
c) Contractor's work shall proceed in an orderly manner. Wherever possible, maintenance
and repair work shall be completely finished prior to work personnel proceeding to the
next work site location. Any exceptions shall first be approved by the Director or
authorized representative.
d) Buildings/facilities and equipment to be covered under this RFP/contract shall include
those as set forth in Exhibit "C". The City reserves the right to add or delete seryice
locations during the term of this RFP/contract.
e) All other work must begin no later than the following requirements, and as first approved
by the Director or authorized representative. Failure to comply with response tirnes shall
be considered as non-compliance. Repeated failure to comply may result in contract
termination. All maintenance and repair serices shall be completed wíthin a reasonable
and expedient manner, based on the severity of the request.
6 l 147.02 I 00\12f1888 r 5. I
Sta ndard
2 -4 (
weekends
d ndStandardAfterHo{Jr
r
weekends and
Hours,
ES Weekends
2 -4 (
a nd
r Hours On lyFl\4-7 :30 ma.to 5:30 .mEmergencyAfterHour
weekends and
After
Hours 1-2
0
g) ConH.actor shall fì
mach inery, .. *,"Ï1Ì1-1t" :ot' :upervi sion, methods o f prcü;;;;ö:ï,i,lil.i,ili'åi;iÏ;#ï::L-""*,,,";iåïï:Jiij;î*iì;i:ii,
Inance and repair services in those;r;-..".
6 I I 4^7 .02 I }a\l 28888
'
-, . I
designated by this RFP and shall leave the area in a neat condition. The scope of theHVAC work may vary according to neecl.
h) contractor shall fumish and maintai" ,ï.-ld-. designating exact rocations and areas ofrepairs and maintenance' such repofts shall be ,igi"d by-rhe contractor and the Directoror authorized representative in charge of ov"rse"tg the'wo;. If the Director deteminesrhe contractor has nor satisfactorily-complelea.yo.î. on ,n, facirity, the cify sha'withhold paymelìt for such *ork *til ,uch facilitie* i. pr,rp.rry maintained or repaired.i)
i;Jli':"Xïff,ïfä::,ïlïï::.'"rapprovar and onrv as aurhorized bvrhe
i) work shat proceed in an orderry mânner, vy'herever possibre, repair work sha, becompteterv fìnished prior ro rork p"rro*"I;;";;å;ää n""r rocation. Anyexceptions shat be approved by the Director or authorized r.epresentative.
k) The Director or authorized representativereserves the right to increase or decrease thequantity ol'any item or porion of the work or to omit ñi;;. of the work as may bedeemed necessary or advisable by the Director. r¡" ni,".r",. or authorized represenfativemay make such alterations or deviations, additions to, or omissions fi.om thesespecifications' as may be determined during tt
"
p.og."r, "iìL ,"rru to be necessary andadvisable for the proper completion thereof. suctl alierution" o. deviations, additions oromissions shall in no way affect or rnake void fhe contract. upon written order of theDirector or authorized representative, cóntractor shall pro.."à with the work asincreased, decreased or altered.
2) l#ork fesuirements
a) contractor shall perform âll services required within these specifications. Alr servicesshail be performed in the highest professionar manner,
""¿ ì" accordance with a'applicable' cu''ent industry st'ndårds, regulations codes anJstatutes. unress the means ormethods of performing a task u." ,p..ifi"d elsewhere * orrJ.o"ouct, contractor sha,employ methods that are generally accepted and used uv rrr" HVA. i'dustry.
b) contractor shall' for the entire term of this RFp/contract, retain a current state ofcalifornia c'20 license; all work shall be performed consistent with c-20 ricensingrequirements' Additionally, as applicable, the contractor;;,1 perform all work pursuantto the most cuffent HVAC inourt.y standards, adopted u"ii¿i"gr*.chanical codes and allcity ordinances. In some cases, thc contractor may arso be required to compry with
6 r'47.02 ¡{Ð\t21J888 I 5. I
applicable standards per the Standard Specifications for Public Works Construction
(Gleen Book).
c) The Contractor shall be responsible for all necessary precautions to prevent public
trespass into the work area, during and following construction and until such time as the
work area is complete and ready for public use.
d) Rubbish and construction debris shall be disposed of at an approved disposal site. After
removal of debris, the work area(s) shall be left in a neat and presentable condition and to
the satisfaction'of the Director or authorized representative.
e) The Contractor shall verifu the location of all utilities prior to conshuction, repair or
maintenance and shall be held liable for all damages incurred due to Contractor's work
related operations.
c) The Contractor must remain within the maintenance areas to the best of their abilfy. The
Contractor must protect all existing private property. Contractor shall further protect
property and f'acilities adjacent to the maintenance areas and all properly and facilities
within the maintenance areas. After completion of project, the maintenance area shall be
clean and in a presentable condition. All public or privately owned improvemgnts and
facilities shall be restored to their original condition and location. In the event
improvements of the facilities are damaged, they shall be replaced with new materials
equal or better to the original. Contractor shall repair such damage at their expense.
d) Contractor shall, wherc applicable, comply with all City regulations regarding NPDES
(National Pollution Discharge Elimination System) Requirements and the City's Best
Management Practices, Contractor shall not discharge anything to the slorm drain, creek
or adjacent water ways. Contractor will contain and capture any materials that rnay.
potentially reach a storm drain, creek or adjacent water way. Contractor shall implement
any and all Best Management Practices (BMP's) as may be necessary
Ð Contractor must take all due precautionary measures to protect all of the existing utilities.
When necessary, the Contractor shall have all utilities located by contacting the
responsible agency at least 48 hours prior to commencing any work. The Contractor's
attention is directed to the one-call utility notification service provided by Undergrouncl
Service Alert (USA). USA member utilities will provide the Contractor with the locations
oftheir substructures when given at least 48 hours' notice. Such requests should be
requested through USA @ 8l I or 80A-227-260A.
6 I t47.02 l 00\l 2iJSSfll 5.t
3) Accertance of lrVork
The Director or authorized representative will make inspections and determine that the
work has been completed in all respects and in accordance with this RFP/contract.
4) Billinq. Records ¡nd Reoorts
a) Contractor shall maintain a record of all worh performed, including but
, not limited to location and types and amounts
maintained/installedlremoved, This record shall list the date(s).of the
service and/or work performed. A copy of such record shall be provided to
the Director upon completion of each work order. The contractor shall
return appropriate and completed work orders showing the date and
inventory of work performed and it shall be attached to each invoice.
Contractor shall provide a billing form and progress payment form
approved by the Director or authorized representative.
b) Upon submittal of an invoice for Wolk completed by the Contractor, the
Director/City shall pay net 45 days, unless otherwise agreed upon by the
Director/City and the Contractor.
6l l4?.02100\t28888 r5. r
EXHIBIT 5'B'
Schedule of Services
Maintenance and service date(s): As scheduled per this agreement (Exhibit "Co') and.a-s_
needed.
Removal or repair date(s):
NOTE:
Seè above.
Dates maybe flexible, pending weather related conditions
and Contractor/City operational needs.
6r l4?.02100\12888815.1
EXHIBIT "C''
Compensation
*aFrom:
{coNTRACTOR)
Tor Director of Public Works, City of San Juan Capistrano
The undersigned, as proposer, declares he/she has carefully examined the location of the
proposed work and has read all requirements ns descril¡ed in the R-FP, and hereby proposes and
agrees, if the ptoposal is accepted, to complete said contrsct in accordance wìth the RFP and
related MSA for the following costs noted herein.
Said amounts are to include arrd cover all taxes, the performing of all the labor requisite or
proper and the providing of all necessary machinery, tools, apparatus, materials and other means
of maintenance; also, the perforrnance and completion of all the work in the manner sèt forth,
described and shown in the RFP for the work. Contractor will not be reqr.rired to pay for permits
on City projects.
Further, the undersigned proposer cenitìes that he/she has thoroughly checked the figures set
forth in this Exhibit C and that they are conect to the best of his/her knowledge and that they
constitute his/her complete proposal for the work required as noted in the RFP.
*NOTE: All costs shall be based on the full te4¡.n noted in $ 3.1.2 of the agreemcnt*
Schedule A, - Regular scheduled (SS or SAHS) or ES/EAHS work costs
Work
tD.
Servise
Category
Performance Psr¡od Mandatory Response
Tlme
Hourlv Cost lncludlnq
tvlater¡ats @2Ív"'
Over Hourly Time
SS Standard Service Regular Business Hours Only
(M-F,7:30 a,m. to 5i30 p.m.)
Z-4 Hours
weekends
Holidavs)
(excluding
and /2o¡€(t
$
SAHS Standard After
Hour Service
Alter Regular Business Hours,
weekends and Holidays
2-4 Hours
weekends
Holidavs)
ilncluding
and / 8o. o-$
ES Emergency
Service
Regular Business Hours O¡ly
lM-F. 7:30 a.m. to 5:30 o.m.)
1-2 Hours $ l go. .,ê
EAHS Emergency After
Hour Service
After Regular Business Hours,
weekends and Holidavs
1-2 Hours 3Gô.øè$
6 I l47,0zt 00\t28888 l5.t MSA page 24
Sc
h
e
d
u
l
e
B
-
An
n
u
s
l
co
s
t
s
fo
r
re
g
u
h
r
sc
h
e
d
u
l
e
d
PM
se
r
v
i
c
e
s
(S
S
or
SA
H
S
as
ne
e
d
e
d
)
MA
N
A
G
E
R
S
A
R
E
A
.
SE
R
V
E
R
RO
O
M
fl
SE
R
V
E
R
RO
O
M
f2
TE
L
E
P
H
O
N
E
RO
O
M
2,L2_Lâdri¡.ltðd¡s 7l?,,.7 s z_lL s 2-lL s ?lt s Lt?-5L sL ArFdPflct¡sL 5 zlL suz s zlL s Lte-s ?-l'L saL s ?-tL t Llz 5 LIL 5 Ll2_
TÊ
A
R
2æ
1
20
1
3
20
0
1
un
k
n
o
u
r
n
20
1
5
2m
5
20
1
0
L9
6
7
20
1
5
2m
6
19
7
8
20
c
0
un
k
n
o
¡
r
n
un
k
n
o
w
n
24
1
2
20
1
0
2æ
5
20
1
S
IE
A
N
1S
2
1S
2
nr
E
n
s
16
X
2
5
X
4
6-
1
8
X
1
8
X
2
2-
1
ó
(
2
s
x
4
20
n
5
x
4
wA
s
l
r
A
B
t
-
Ë
4-
r
6
)
c
:
o
t
2
.
20
x
2
4
X
1
16
X
Z
O
X
1
1Ð
Q
0
X
1
¿t
-
1
ô
Q
o
X
2
16
X
2
0
X
1
16
X
2
0
X
2
WA
S
H
A
E
I
E
1,
4
ì
A
4
X
L
12
X
2
0
X
1
1Ð
Q
0
X
1
1Ð
e
0
x
1
16
X
2
(
I
X
1
ra
ï
E
R
s
2-
1
4
n
2
X
1
2-
1
4
X
2
2
X
1
SE
É
r
t
'
22
0
1
8
O
6
m
8
JT
F
l
æ
1
m
7
9
0
22
0
1
8
0
6
m
8
FA
D
E
f
)
15
0
2
6
0
9
0
2
8
5{
X
}
s
6
5
0
S
O
9
43
1
0
C
1
3
2
2
9
A0
6
7
0
8
6
t
3
8
14
1
1
0
2
5
7
1
6
24
{
X
G
1
1
S
5
0
21
6
1
F
1
7
8
4
3
3
6
8
41
(
n
H
3
t
0
4
FA
D
E
D
FA
O
E
D
cr
2
v
2
4
L
7
3
35
1
0
C
0
0
6
2
1
¡t
8
0
5
G
5
1
2
5
7
31
4
ñ
¡
1
5
3
2
8
6
m
7
.
{
}
2
sm
Â
t
t
f{
o
H
E
2
5
1
1
5
3
r
NO
H
8
2
5
1
1
6
3
2
tt
r
L
65
0
A
I
{
X
O
4
2
(
n
O
A
D
D
A
A
JT
s
B
O
O
2
4
K
A
65
0
4
N
X
0
2
¡
|
0
0
0
A
n
A
A
FA
D
E
D
PT
H
1
5
:
¡
6
3
s
Á
l
m
(
A
A
4S
T
M
C
X
X
)
&
À
-
5
0
1
57
4
D
9
\
/A
6
0
0
9
0
N
4
F4
F
P
Û
3
O
H
O
6
T
2
A
N
6S
C
1
3
0
2
4
1
54
9
8
P
X
0
9
0
0
d
l
A
K
RA
C
F
O
l
8
J
A
.
5
56
1
C
P
X
O
6
æ
O
O
Ä
E
A
A
FA
O
E
D
FÂ
D
E
D
1P
H
0
3
3
6
0
1
0
0
K
(
m
C
60
4
D
'
{
)
(
A
3
6
0
0
0
A
A
60
1
A
N
X
0
4
2
0
0
0
A
A
A
G
fi
l
o
æ
L
J2
4
H
z
-
A
f
n
x
P
)
0
0
(
E
B3
H
F
O
3
6
A
'
6
4
83
H
P
0
3
6
A
O
6
A
H'
T
E
CA
R
R
I
E
R
CA
R
R
I
E
R
BR
Y
A
N
T
RH
E
E
M
AM
A
N
A
CA
R
R
I
E
R
ER
Y
A
N
Ï
GO
O
O
M
A
N
BR
Y
A
N
T
RH
E
Ê
M
ER
Y
A
N
T
BR
Y
A
N
T
WA
L
L
KI
T
.
¡
G
DA
Y
.
I
I
I
I
T
E
ER
Y
A
i
,
I
T
BR
Y
A
N
T
so
r
.
-
A
t
R
E
UA
r
e
YO
R
I
(
YO
R
K
un
¡
f
s 1 2 3 5 6 7 9 10 11 L2
13 14
4 L2
13 uc
*1 AI
c
*2 ui
l
r
T
1E 19
3¿
{
4
P
Æ
i
€
O
A
D
€
t
A
f
f
f
O
EN
T
R
Y
AR
E
A
CH
A
M
S
E
R
/
C
O
i
l
F
E
R
E
Í
{
C
E
RO
O
M
S1
HA
L
L
W
A
Y
&
CO
P
Y
RO
O
M
Af
i
O
R
N
E
Y
OF
F
I
C
E
CH
A
M
S
E
R
/
C
O
ñ
T
F
E
R
E
N
C
Ë
RO
O
M
#2
PU
B
U
C
WO
R
K
S
(O
N
E
Sr
O
P
SH
O
P
)
BR
Y
A
N
Ï
I
PL
A
N
N
I
N
G
DE
P
A
R
T
M
E
N
T
CO
M
M
U
N
I
W
PU
B
L
I
C
WO
R
K
S
PH
O
N
E
RO
O
M
CI
T
Y
MA
N
A
G
E
R
S
OF
F
I
C
E
TR
A
I
L
E
R
A:
ST
O
R
A
G
E
I
C
O
N
F
RM
¡¡
I
4
,
l
I
PA
S
E
O
AD
O
.
â
T
Ü
K
}
ÍR
A
I
I
.
E
R
B
TR
A
I
L
E
R
C:
BR
E
A
K
RM
/
S
T
O
R
A
G
Ê
TR
A
I
L
É
R
C:
t.
T
.
DE
F
I
AD
M
I
N
I
S
T
R
A
T
I
O
N
OF
F
I
C
E
rl
AD
M
I
N
I
Í
R
A
T
I
O
N
OF
T
I
C
E
S2
or
Y
HA
l
t
c
o
t
t
r
P
t
E
x
uT
[
,
¡
w
fx
P
â
R
T
r
r
€
i
a
T
Et
oG
,{\
ól
¡4
?
-
0
2
1
0
0
\
t
2
8
a
8
8
1
5
-
t
MS
A
pa
g
e
25
MA
I
N
T
E
N
A
N
C
E
Y
A
R
D
EI
D
G
i
32
¡
I
O
O
P
A
S
E
O
A
D
E
L
A
N
T
O
UT
I
L
I
T
Y
FI
E
L
D
EL
O
G
CO
M
M
U
N
I
Î
Y
CÉ
N
T
E
R
25
9
2
5
CA
M
I
N
O
DE
L
AV
I
O
N
KI
T
C
H
E
N
UN
I
T
CO
N
F
E
R
E
N
C
E
RO
O
M
CO
M
M
U
N
I
T
Y
CE
N
T
E
R
CO
M
M
-
CN
T
R
-
GY
M
N
A
S
I
U
M
¿5
9
2
5
CA
M
I
N
O
DE
T
A
V
I
O
N
UN
T
f
MA
K
E
MO
D
E
T
UN
r
1
MA
K
E
MO
D
E
L
HP
3
HP
8
BR
Y
A
N
T
6O
l
A
P
X
O
4
S
O
O
O
A
A
A
G
HP
1
1
SE
R
I
A
I
S
TI
I
T
É
R
S
2012 YEAR Annuål PM costs 5 L fo
16
s $zs 2-l?sL Annual PM costi 1,5 s ?21 ?zt s 5 ),Lt s 7)l 5 ?21 Ànnr¡al PM Éostg sLu 5 zLb s Lzb19921999YEAR19971998199820131997201219982006YEAßunknownYEAR, Annml PM costs !19991999 1999 1999 5 LLb
z0
x
2
0
x
1
16
X
2
0
X
1
.
14
X
2
0
X
1
2-
z
o
x
2
o
x
1
i
zorg
2-
1
6
X
2
5
X
2
3-
1
2
X
2
5
X
1
4-
2
4
X
2
0
X
2
FI
I
-
T
E
R
S
4-
1
6
X
2
0
X
2
r
1998 1998
4-
1
6
X
2
0
X
2
WA
S
H
A
B
T
E
4-
2
0
X
2
0
X
2
4-
2
0
X
2
0
X
2
4-
Z
0
X
2
0
X
Z
18
9
2
E
8
8
3
1
7
06
9
9
8
2
3
2
4
5
M0
6
1
3
1
2
0
4
0
5
2
sE
R
¡
/
À
l
*
FI
T
T
E
R
S
i
4-
1
6
X
1
6
X
2
34
9
8
G
0
1
4
9
16
1
3
C
8
1
2
2
8
i
2-
1
6
X
2
s
X
2
49
0
6
G
L
2
L
2
4
23
9
9
G
3
0
5
7
4
SE
R
I
A
L
f
IH
t
l
€
R
S
SE
R
I
A
T
*
E1
1
2
8
1
5
9
7
8
34
9
7
0
3
0
5
6
3
:,
4
-
2
0
X
2
0
X
2
z0
x
2
0
x
1
03
9
8
G
4
0
7
2
4
32
9
8
6
3
0
4
9
2
23
9
9
G
3
0
5
5
2
IN
4
H
3
4
8
A
K
E
66
1
C
J
X
0
3
6
0
0
0
A
B
A
A
66
1
C
J
X
0
1
8
0
0
0
A
A
A
A
M6
C
2
5
A
1
0
8
C
3
5
C
5o
T
J
Q
0
1
2
-
6
0
1
G
A
5o
T
J
Q
O
0
4
-
6
0
1
G
A
i
34
9
8
G
2
0
1
5
2
SO
T
C
Q
A
O
?
A
2
A
6
0
A
0
A
5o
T
J
Q
0
1
2
-
6
0
1
G
4
'
34
9
7
G
3
0
5
5
0
i
4-
2o
x
z
o
x
z
i.
'1
1
4
8
0
3
5
3
SO
T
Z
L
O
C
A
O
A
Á
A
1
4-
1
6
X
1
6
X
2
50
H
S
-
0
2
4
-
3
1
1
A
8
5o
T
J
Q
0
1
2
-
6
0
1
G
A
MO
D
E
L
5o
T
J
Q
0
6
8
-
6
0
1
G
A
:3
2
9
8
G
3
0
5
0
7
FA
D
E
D
i
FA
D
E
D
MO
D
É
T
S0
T
J
Q
0
1
2
-
6
0
1
G
4
I
23
9
9
G
3
0
5
7
4
5o
T
J
Q
0
1
2
-
6
0
1
G
A
BR
Y
A
Ñ
T
BR
Y
A
N
T
MA
Y
T
A
G
CA
R
R
I
E
R
C,
A
R
R
I
E
R
,
50
T
J
Q
0
û
4
-
6
0
1
6
A
I
Câ
R
R
I
Ë
R
CA
R
R
I
E
R
CA
R
R
I
E
R
MÂ
K
€
CA
R
R
I
E
R
CA
R
R
T
E
R
I
so
r
r
e
o
o
8
-
6
0
¡
.
G
A
BR
Y
A
N
T
MA
I
(
E
CA
R
R
I
€
R
CA
R
R
I
E
R
CA
R
R
I
E
R
i
5O
T
J
Q
O
1
2
-
6
O
1
G
A
I
22
9
9
C
3
0
4
9
4
DA
Y
-
N
I
T
E
zo cu
-
4
0
17 HP
1
HP
2
HP
4
HP
9
UN
I
T
ü HP
l
O
HP
1
2
uN
l
l
å HP
1
HP
2
HP
3
PU
B
t
I
C
\¡
1
/
O
R
K
S
BL
D
G
UT
I
T
I
T
Y
FI
E
L
D
BL
D
G
PU
B
L
I
C
WO
R
K
S
5É
N
I
O
R
CE
N
T
Ë
R
HP
5
CA
R
R
I
E
R
HP
6
j
DA
Y
-
N
I
r
E
SE
N
I
O
R
LO
U
N
G
E
HP
7
:
CÀ
R
R
I
E
R
2s
9
2
s
CA
M
T
N
O
DE
t
AV
T
O
N
rr
l
:J
:
Cr
:
l
ü
ì
l:
S
s
s
s
l
i
I
N
fS
A
pa
g
c
26
KI
N
D
E
R
G
A
R
T
E
N
,
CU
T
T
U
R
E
CE
'
{
T
E
R
,
NY
D
E
G
G
E
R
ST
O
N
E
F
I
E
T
D
OF
F
I
C
f
LA
SA
T
A
FA
C
I
U
I
Y
31
4
9
5
EL
Cå
M
I
N
O
RE
A
I
BO
O
K
ST
O
R
E
DA
N
C
E
HA
T
L
.
PO
U
C
E
DË
P
f
32
5
f
f
i
PA
S
E
O
AD
E
L
A
Í
{
T
O
RE
A
T
A
PA
R
X
&
EV
E
N
T
CE
N
T
E
R
An
n
u
a
l
co
s
t
fo
r
al
l
ma
t
e
r
¡
a
l
s
,
la
b
o
r
,
in
c
i
d
e
n
t
a
l
s
fo
r
re
g
u
l
a
r
sc
h
e
d
u
l
e
d
PM
se
r
v
i
c
e
s
An
n
u
a
l
co
s
t
(i
n
wr
i
t
i
n
g
)
qa5 LLto Annua¡ PM costs 5 5 t6n s Gto s lQo S IOO 5 2vl to LL.Ib s $ >t4 (ø 5 721 LU s 5 LLI Anñuel PM corts 5øo I
19
9
9
YE
A
R
19
8
2
20
1
1
19
8
8
20
7
7
YE
A
R
2m
.
Z
2û
2
YE
A
R
un
k
n
o
w
n
20
t
4
2æ
4
YE
A
R
20
1
3
20
0
6
Un
k
n
o
w
n
YE
A
R
19
9
7
4-
2
0
X
2
0
X
2
20
x
3
0
x
1
z0
x
2
5
x
1
z-
2
0
x
2
5
x
2
TB
D
FI
T
T
E
R
S
16
X
2
2
X
1
WA
S
H
A
A
L
E
FI
T
T
E
R
S
4-
1
6
X
2
0
X
1
+2
0
t
¿
5
x
2
,
2
-
zo
x
x
j
;
a
2-
L
4
X
2
4
X
1
FI
I
.
T
E
R
S
16
X
2
0
X
1
16
X
2
5
X
4
FI
L
I
E
R
S
16
X
2
0
X
1
1-
1
4
X
3
0
X
1
25
9
9
G
3
0
5
1
1
FI
L
T
E
N
S
sf
,
R
r
,
A
L
#
80
T
2
8
2
0
2
4
7
x1
2
0
9
5
7
6
9
0
46
8
8
8
1
5
¡
¡
4
1
TB
D
SE
R
I
A
T
#
05
0
2
x
1
6
5
7
1
05
0
2
x
1
0
5
2
1
sÊ
R
l
A
r
I
FA
D
E
D
14
0
6
1
0
1
7
5
D
Y2
0
4
8
5
0
SE
R
I
A
L
f
cs
D
ß
0
6
0
4
7
0
5
t2
0
6
8
L
2
4
9
L
FA
D
E
D
SE
R
I
A
T
*
A1
3
3
5
8
2
6
9
7
so
T
r
Q
0
1
2
-
6
0
l
G
4
MO
O
E
T
T2
A
3
6
G
K
A
l
O
O
].
R
2
H
3
6
O
G
K
R
46
9
B
P
X
0
9
0
0
,
0
0
A
C
A
A
CS
A
4
B
E
O
2
4
K
A
MO
D
E
I
.
38
Q
R
0
3
0
C
3
2
1
38
8
K
0
1
8
3
3
1
MO
O
€
r
8F
C
B
C
1
2
3
,
t
A
YS
D
1
5
O
F
3
4
L
A
cs
A
4
B
m
2
4
K
38
Q
8
0
2
4
3
0
0
MO
D
E
I
.
12
3
N
A
O
3
6
0
0
0
B
A
A
A
FA
D
€
D
MO
D
E
T
FE
M
4
P
4
S
O
O
A
/*
o
r
.f
CA
R
R
I
E
R
MA
I
(
E
RH
Ê
Ê
M
DA
Y
.
N
I
T
E
ER
Y
A
N
T
MA
Y
T
A
G
CA
R
R
I
E
R
MA
K
E
CA
R
R
I
E
R
MA
l
(
E
TR
.
A
N
E
TR
A
N
E
CA
R
R
I
E
R
MA
K
Ê
MA
Y
T
A
G
HP
4
1 2 t 1 UI
{
f
T
*I 2 UN
I
T
ï A I 1 UN
I
Ï
#1
BR
Y
A
N
T
2 *UÍ
I
I
T
MA
(
E
3
BR
Y
A
N
T
DA
Y
.
N
I
T
E
1
31
4
2
1
tA
MA
r
A
i
t
z
A
UN
I
Ï
*
KI
N
D
E
R
6
A
R
T
E
N
RE
A
D
I
NE
S
S
CU
L
T
U
R
E
CE
N
T
E
R
NY
D
E
G
G
E
R
BU
I
L
D
I
N
G
CH
A
M
B
E
R
OF
CO
M
M
Ê
R
C
E
31
3
2
2
TA
Z
A
N
J
A
S
T
R
E
E
T
ST
O
N
E
F
I
€
L
D
.
OF
F
I
C
E
ST
O
N
E
F
I
E
L
D
.
RE
S
Í
R
O
O
M
LI
B
R
A
R
Y
-
O
L
D
UN
I
T
LI
B
R
A
R
Y
.
N
E
W
UN
I
T
PO
T
I
C
Ê
DÊ
P
A
R
T
M
E
N
l
DA
N
C
Ê
HA
L
L
RO
O
M
Ë1
DÁ
N
C
E
HA
L
L
RO
O
M
Ë2
28
6
3
2
OR
T
Ë
G
A
HI
G
I
{
W
A
Y
R€
S
I
D
€
N
T
A
L
HO
M
E
-F
A
U
C
C
T
IN
CL
O
S
f
i
CO
N
D
E
N
S
I
N
G
UN
I
Ï
OU
T
S
I
O
E
Annual PM cosE PM costs PMcosts I s ôa
,
f-
v
È
,
v
?t
s
l.
/-
/
-
o
l,i
t.
¡
7
0t
!
0
0
,
:
t
B
s
3
t
r5
.
ì
MS
A
pa
g
e
27
Note: If an individual, so state. If a firm or co-partnership, state the fìrm name and give the
nâmes of all individual co-partners composing the firm: President, Secretary, Treasurer, and
Manager thereof.
Psa- P'o *.a
Date: B"¿-lt To,nt /¡¿\€D¿¡tA
(print)
.1.?.
.ì-P,
Contractor name (signature)
L'lrl cau'ë, P¡¿*¡eæ-j eo
-l)^, Ctëa€^t¡tt Ø. ?t-6zt
Contractor/business address
?71- <f ?z-ti6t
Contractorlbus iness phone number
?rf ¡- Ll6-(,rt7 -9€a¡¡ P"'oat'^r
q.r1 - Z.t¿l -e 7 o L *-fþrq ¡^gÞl¡\¡A
Contractor 2411 contact phone number
Ja-4 ^.¡ â n n ? r- h è.,.t q,^.0./o*.li ¡, ¿- ¿..++
fmeJrno I r2Lc..r¿.¡.l 1o^t ì.t6.a^'
Contractor email
¡.
6 t¡47,02100\128888 15.r MSA page 28
EXHIBIT f'Dt'
Certificate of Complinnce
Stlte of Californin PrevrilÍng \ilrge Law Requirements
The CITY has been advised that the Prevailing lvVages Law applies to the work.
CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the
prevailing wage rates to all the laborers involved, and with California Labor Code Section l?70
Êt seq., including the keeping of all records required by the provisions of Labor Code Section
1776 and the implementing administrative regulations. The CITY shall be a third party
beneficiary of the forgoing covenant with rights to enforce the same æ agaiust the
CONTRACTOR.
þ¿rart Po zn-^-.understend that I shall be responsible for
compliance in all respects with the prevailing wage râtes to all the laborers involved, and with
California L¿bor Code Section l77O et seq., including the keeping of records required by the
provisions of Labor Code Section 1776 and with implementation of administrative regulations.
8-L- t-7 7Þ*^l ,ê- el+¿tnt .,t2-- 'r-P -
Date Contractor name and title (print)
I,
o_ç*
Contractor name (signature)
6 l r47.02100\128888¡5.¡MSA page 29