18-0401_UNITED BUILDING & DEVELOPMENT SERVICES LLC_Maintenance Services AgreementCITY OF SAN JUAN CAPISTRANO
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 1st day of April, 2018 by and between the
City of San Juan Capistrano, a municipal corporation organized under the laws of the State of
California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano,
California 92675 (`.`City") and United Building and Development Services, LLC., a Limited
Liability Company with its principal place of business at 29801 Monarch Drive, San Juan
Capistrano, CA. 92675 ("Contractor"). City and Contractor are sometimes individually referred
to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS.
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 Public Facility
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 California, 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
stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Public Facility
Maintenance and Repair Services project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Public Facility Maintenance and Repair
Services necessary for the Project ("Services"). The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. 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 and federal laws, rules and
regulations.
MSA page 1
3.1.2 Term. The term of this Agreement shall be from April 1, 2018 to June 30,
2023, unless earlier 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 term of this Agreement if necessary to
complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Contractor shall also not be employees of City and shall at all times be under
Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Contractor 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' compensation
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 `B" 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 submittals in a timely manner. Upon
request of City, Contractor shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 ConformRmcc to Ar plicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby 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. Contractor shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates Rene Cortez,
or his or her designee, to act as its representative for the performance of this Agreement
("Contractor's Representative"). Contractor's Representative 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 under this Agreement.
MSA page 2
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.7 Standard of Care. Performance_ of Employees. Contractor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Contractor represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Contractor represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City 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, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Contractor's failure to comply with the standard of care provided for herein. Any
employee of the Contractor or its sub -contractors who is determined 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 refuses to perform the Services
in a manner acceptable to the City, shall be promptly 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 Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
("Performance Time"). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits "A" or `B" attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and
liquidated damages, and not as a penalty, the sum of FIVE HUNDRED DOLLARS ($500.00)
per day for each and every calendar 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 true 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 Contractor during the performance 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 Certifications. 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
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable
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 contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. City is a public entity of the State of California subject to certain 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 contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein 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, indemnify and hold City, its officials, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.10.1 Employment Eligibility, Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of
state and federal law respecting 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. Contractor 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 Agreement, and
shall not violate any such law at any time during the term of the Agreement. Contractor shall
avoid any violation of any such law during the term of this Agreement by participating in an
electronic verification of work authorization program operated by the United States Department
of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Contractor shall maintain records
of each such verification, and shall make them available to the City or its representatives for
inspection 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. 10 or any of its sub -sections.
3.2.10.2 Employment Eligibility: Subcontractors. Sub -
subcontractors and Consultants. To the same extent and under the same conditions as
Contractor, Contractor shall require all of its subcontractors, 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; Failure to Comity. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer
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 subcontractors, sub -
subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1
or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such
requirements (including in those verifications provided to the Contractor under Section 3.2.10.2);
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 California Labor Code which
require every employer to be insured against liability for Workers' Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that
it is an equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, 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, transfer, recruitment or recruitment
advertising, layoff or termination.
3.2.10.6 Air Quality. Contractor must fully comply with
all applicable laws, rules and regulations in furnishing or using equipment and/or providing
services, including, but not limited to, emissions limits and permitting requirements imposed by
the California Air Resources Board (CARB). Contractor shall specifically be aware of the
CARB limits and requirements' application to "portable equipment", which definition is
considered by CARB to include any item of equipment with a fuel -powered engine. Contractor
shall indemnify City against any fines or penalties imposed by CARB or any other governmental
or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. 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) Liability For Non -Compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall
defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, 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,
MSA page 5
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any - other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
this Section. Contractor further warrants that it, its employees and subcontractors 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 training programs that
meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this Section. In addition, Contractor shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
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 of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California 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 2129); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $2,000,000.00 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other form
with general aggregate limit is used including, but not limited to, form CG 2503, either the
general aggregate limit shall apply separately to this Agreement/location or the general aggregate
limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000.00 per
accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's
Liability: Workers' Compensation limits as required by the Labor Code of the State of
MSA page 6
California. 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 Coverage. 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, Contractor shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through another
insurance 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, the City
has the right but not the duty to obtain the insurance it deems necessary and any premium paid
by the City will be promptly reimbursed by Contractor or the City may withhold amounts
sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or
terminate this Agreement.
(D) Additional Insured. The City of San Juan Capistrano, its
officials, officers, employees, agents, and volunteers shall be named as additional insureds on
Contractor's and its subcontractors' policies of commercial general liability and automobile
liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or
endorsements providing the exact same coverage, the City of San Juan Capistrano, its officials,
officers, employees, agents, and volunteers shall be covered as additional insured with respect to
the Services or ongoing and complete operations performed by or on behalf of the Contractor,
including materials, parts or equipment furnished 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 officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any excess insurance shall contain a provision that such
coverage shall also apply on a primary and noncontributory basis for the benefit of the City,
before the City's own primary insurance or self-insurance shall be called upon to protect it as a
named insured. Any insurance or self-insurance maintained by the City, its officials, 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
of coverage shall be available to the parties required to be named as additional insureds pursuant
to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees,
agents, and volunteers shall be covered as additional insureds with respect to the ownership,
MSA page 7
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed
by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall
be primary insurance as respects the City, its officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
officials, 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 of coverage shall be available to the parties required to be named
as additional insureds pursuant to this Section 3.2.11.3(B).
(C) Workers' Compensation and Employer's Liability
Coveraize. 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 Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written
notice by certified mail, return receipt requested, has been given to the City; and (B) any failure
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 failure 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, or any other additional insureds.
3.2.11.4 Separation of Insureds, No Special Limitations: Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its officials, officers, employees, agents, and volunteers. All
policies shall waive any right of subrogation of the insurer against the City, its officials, officers,
employees, agents, and volunteers, or any other additional insureds, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, its officials, officers, employees, agents, and volunteers, or any other additional
insureds, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
3.2.11.5 Deductibles and Self -Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Contractor
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 volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses
and related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Rcquirenictits. Contractor shall
not allow any subcontractors to commence work on any subcontract relating to the work under
MSA page 8
the Agreement until they have provided evidence satisfactory to the City that they have secured
all insurance required under this Section. If requested by Contractor, the City may approve
different scopes 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.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All 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 Reporting of Claims. Contractor shall report to the City, in
addition to Contractor's insurer, any and all insurance claims submitted by Contractor in
connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall at
all times be in compliance 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
subcontractors, 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 [RESERVED]
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. 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. Contractor shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
MSA page 9
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed UNIT PRICES NOTED IN EXHIBIT "C" AND NOT TO EXCEED THE
AGGREGRATE AVAILABLE FUNDING AMOUNT IN THE OPERATING AND CAPITAL
IMPROVEMENT BUDGET and without written approval of City's Director of Public Works
and Utilities. Extra 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 'Payment of Compensation. Contractor shall submit to City a monthly
itemized 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 start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means 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, Extra Work without written authorization
from City's Representative.
3.3.5 Labor Cade Compliance.
3.3.5.1 Contractor is aware of the requirements of California Labor Code
Section 1720, et seq., and 1770, et sem., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "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 Wage Laws, and since the total compensation is $1,000 or
more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide
Contractor 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 type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Contractor's principal place of business and at
the project site. Contractor shall defend, indemnify and hold the City, its officials, officers,
employees and agents free and harmless from any claims, liabilities, costs, penalties or interest
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be
mandatory upon the Contractor and all subcontractors to comply with all California Labor Code
provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771,
1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll
MSA page 10
records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and
1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The
requirement to submit certified payroll records directly to the Labor Commissioner under Labor
Code section 1771.4 shall not apply to work performed on a public works project that is exempt
pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.3.5.2 Since the Services are being performed as part of an applicable
"public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and
1771.1, the Contractor and all subcontractors must be registered with the Department of
Industrial Relations. Contractor shall maintain registration for the duration of the Project and
require the same of any subcontractor. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's
sole responsibility to comply with all applicable registration and labor compliance requirements.
See Exhibit D "Certificate of Compliance". Notwithstanding the foregoing, the contractor
registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to
work performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Sections 1725.5 and 1771.1.
3.3.5.3 This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Contractor's sole
responsibility to comply with all applicable registration and labor compliance requirements. Any
stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor's performance of Services, including any delay, shall be
Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving
written notice to Contractor of such termination, and specifying the effective date thereof, at least
seven (7) days before the effective date of such termination. Upon termination, Contractor shall
be compensated only for those services which have been adequately rendered to City, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
MSA page 11
shall pay and satisfy any judgment, award or decree that may be rendered against City or its
officials, officers, employees, volunteers and agents as part of any such claim, suit, action or
other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by
City or its officials, officers, employees, agents or volunteers as part of any such claim, suit,
action or other proceeding. Such reimbursement shall include payment for City's attorneys' fees
and costs, including expert witness fees. Contractor shall reimburse City and its officials,
officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall survive expiration or termination of this Agreement,
and shall not be restricted to insurance proceeds, if any, received by the City, its officials
officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Complia«ce. This Agreement
shall be governed 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 extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Contractor. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Contractor shall be barred 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.
3.5.5 Cm's Right to Employ Other Contracto:-s. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
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 reason of such attempted
assignment, hypothecation or transfer.
3.5.8 Construction; References, Captions. Since the Parties or their agents have
participated fully 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 performance shall be deemed calendar days and not
work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City include its officials, officers, employees, agents, and volunteers except as otherwise
MSA page 13
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content or intent of this Agreement.
3.5.9 Amendment, Modification. No supplement, modification or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, 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 Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party 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 Invalidity; Severability. 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 Prohibited 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 secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor further
agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic
Interest with the City's Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation, Further Acts. The Parties shall fully cooperate 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 Agreement.
3.5.15 Attorneys' Fees and Costs. If any action in law or equity, including an
action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement,
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 jurisdiction.
3.5.16 ALlthority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
MSA page 14
3.5.17 Counterparts. 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 agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.19 [RESERVED]
[SIGNATURES ON NEXT PAGE]
MSA page 15
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND UNITED BUILDING AND DEVELOPMENT SERVICES, LLC.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 1st day
of April, 2018.
CITY OF SAN JUAN
Approved By:
City M
3-.3-1!?-
Date
Aff to y:
OU tzrr
is orris, b lerk
Approved As To Form:
A ey
UNITED BUILDING AND
DEVELOPMENT SERVICES, LLC.
617 Ae,
V6Vature
Name
LA c1 C Vii✓
Title
Date
MSA page 16
EXHIBIT "A"
Scope of Services
General:
a) Work will ordinarily be performed between the hours of 7:00 AM and 5:00 PM, 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 and Utilities (herein after Director) or authorized representative, nrivr to
commencing any work and in all cases,
b) Contractor shall maintain an adequate crew of employees to perform the service required.
c) Contractor will be required to supply a list of equipment owned and available for work.
d) Unit prices quoted shall include all required 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 for actual time spent on the job
site. No travel time will be paid.
fj 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
responsibility of the Contractor.
g) All employees of Contractor shall wear a uniform or shirt that clearly identifies the
company.
h) Contractor must be able to provide a list of employee's names, dates worked and hours
worked on each date, for 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 employee 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 shirt with the Contractor's company name or
insignia clearly visible, proper shoes and other gear required by state safety regulations.
61147.02100\12898815.1 MSA page 16 Attachment 1, Page 21 of 51
k) Contractor shall provide, for all projects, a supervisor/foremen with a minimum of five
(5) years' experience related to public facilities maintenance and repair services. The
supervisor/foreman shall remain on-site during the entire project or job.
1) Contractor and all employees shall possess a valid/current California Driver License,
including all insurances, as required by the City.
m) Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory
performance of the work set forth in this RFP. 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 fifty (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 equipment 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 property without written
authorization from the Director or authorized representative. Contractor shall furnish all
material, including, but not limited to, equipment, etc., necessary 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 employees performing the work under
contract. As may be necessary or required by City, the field supervisor or their
representative shall check with the Director or authorized representative as to (1)
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.
r) The Contractor shall provide the City at all times throughout the duration of this 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 alternate 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 emergency condition or job related complaint which threatens to cause
damage to any City property or compromise the public's safety.
s) Contractor is required to provide the City with a 24-hour emergency number for contact
outside normal working hours. The response to an emergency call -out by the Contractor
61147.02100\12888815.1 MSA page 17 Attachment 1, Page 22 of 51
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 (1) copy of an "Emergency Medical Facility
Designation and Procedure Sheet" before a contract is awarded. On this sheet, the
successful proposer must designate a twenty-four (24) hour emergency medical facility to
provide emergency medical 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 medical facility or any similar medical facility.
Special:
1) Work to be done
a) Contractor shall furnish all labor, supervision, methods of processes, implements, tools,
machinery, safety equipment, traffic control, materials and proper licensing required to
identify, list and perform public facilities maintenance and repair services in those areas
designated by the Director or authorized representative and to leave the grounds in a neat
condition. The scope of the public facilities maintenance and repair services may vary
according to need.
b) See Exhibit "C" for hourly rates and unit prices for public facilities maintenance and
repair services. The City reserves the right to add or delete service locations during the
term of this RFP/agreement. Unless first approved otherwise by the Director, 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 times shall be
considered as non-compliance. Repeated failure to comply may result in contract
termination. All maintenance and repair services shall be completed within a reasonable
and expedient manner, based on the severity of the request.
ID. Service Category Description Performance Period Mandatory Response
Time
SS Standard Service Regular Business Hours Only 24-48 Hours (excluding
_ (M -F, 7:00 a.m. to 5:30 p.m.) weekends and Holidays:
SAHS Standard After Hour Service After Regular Business Hours, 24 Hours (Including
weekends and Holidays weekends and Holidays
ES Emergency Service Regular Business Hours Only 2-3 Hours
_ W -F, 7:00 a.m, to 5:30 p.m.
EARS Emergency After Hour Service After Regular Business Hours, 2 Hours
weekends and Holidays
61147,02100\12888815.1 MSA page 18 Attachment 1, Page 23 of 51
c) Contractor shall furnish and maintain records designating exact locations and areas of
repairs and maintenance. Such reports shall be signed by the Contractor and the Director
or authorized representative in charge of overseeing the work. If the Director determines
the Contractor has not satisfactorily marked any facilities, the City shall withhold
payment for such markings until such facilities are properly marked.
d) Work will not be performed without prior approval and only as authorized by the
Director or authorized representative.
e) Work shall proceed in an orderly manner. Wherever possible, repair work shall be
completely finished prior to workmen proceeding to the next location. Any exceptions
shall be approved by the Director or authorized representative.
f) The Director/City reserves the right to increase or decrease the quantity of any item or
portion of the work or to omit portions of the work as may be deemed necessary or
advisable by the Director. The Director or authorized representative may make such
alterations or deviations, additions to, or omissions from these specifications, as may be
determined during the progress of the work to be necessary and advisable for the proper
completion thereof. Such alterations or deviations, additions or omissions shall in no
way affect or make void the contract. Upon written order of the Director or authorized
representative, Contractor shall proceed with the work as increased, decreased or altered.
2) Work_ requirements
a) Contractor shall have a minhnum rafS-7 yea -s like exrJtrrenee. Like experience is defined
as, but not limited to:
i) Working directly with various electrical components and fixtures, plumbing fixtures,
building materials, painting, window repair, fencing, etc.
ii) Working on State/City approved historic buildings, i.e. roofing, adobe, materials, etc.
iii) Working in a public facility or high volume pedestrian or sports complex area
iv) Working after normal working hours or emergency situations
v) Coordinating with other local utilities in conjunction with potential excavation
vi) Coordinating with sub -contractors, as may be needed
vii) Experience in obtaining municipal or state permits, as may be needed
viii) Setting up and properly using traffic control within a public right-of-way
ix) Preferred — working for a municipality, county or state agency in a similar capacity
b) Contractor shall, for the entire term of this RFP/contract, retain a current/valid State of
California A or B contractor license. All work shall be performed consistent with either
license requirements.
61147.02100112888815.1 MSA page 19 Attachment 1, Page 24 of 51
c) Unless first approved otherwise by the Director or authorized representative, all
materials, products, removals and installation requirements related to public facilities
maintenance and repair services shall be pursuant and related to the applicable latest
standard for the Work. Approved standards shall be:
i) Current City approved standards— Building Code, Electrical Code, Plumbing Code,
ADA, etc.
ii) Latest Standard Specifications for Public Works Construction (Green Book)
iii) Latest state or federal standards or codes, as may be applicable and as approved by
the City
iv) Latest Industry standards, as may applicable and as approved by the City
v) Latest traffic control methods and devices, as approved by the City
d) Work shall include, but not limited to, the following types of activities and requirements;
i) 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.
ii) 'Verify location of all existing utilities prior to beginning work. Contractor shall be
responsible for repair or replacement of any damaged utility, caused by the work.
iii) 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.
iv) The Contractor shall verify the location of all utilities prior to construction, repair or
maintenance and shall be held liable for all damages incurred due to Contractor's
work related operations.
c) Per City Policy 601, Contractor shall be responsible for acquiring services of a certified
Archeological Monitor during any excavation in excess of 18 inches.
d) Contractor shall comply with all City regulations regarding National Pollution Discharge
Elimination System (NPDES) requirements and the City's best management practices
(BMP's). Contractor shall not discharge anything to the storm drain, creek or adjacent
water ways. Contractor will contain and capture any materials that may potentially reach
a storm drain, creek or adjacent water way. Contractor shall implement any and all
BMP's as may be necessary.
e) During construction the Contractor shall provide street sweeping as necessary to meet the
requirements of the City of San Juan Capistrano NPDES program.
f) 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 Underground
61147.02 100\12888815.1 MSA page 20
Attachment 1, Page 25 of 51
Service Alert (USA). USA member utilities will provide the Contractor with the
locations of their substructures when given at least 48 hours' notice. Such requests
should be requested through USA @ 811 or 800-227-2600.
3) Acceptance or Work
The Director or authorized representative will make inspections and determine that the
work has been completed in all respects in accordance with these specifications.
4) Billina, Records and Reoyr#s
(a) Contractor shall maintain a record of all Mork performed, including but not
limited to location and types and amounts maintained/installed/removed. 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 work completed by the Contractor, the
Director/City shall pay net 45 days, unless otherwise agreed upon by the
Director/City and the Contractor.
61147.02100\12a88815.1 MSA page 21 Attachment 1, Page 26 of 51
EXHIBIT "B"
Schedule of Services
Installation date(s): Generally, throughout the year, as needed.
Removal date: See above
NOTE: Dates may be flexible, pending weather related conditions and
Contractor/City operational needs. Actual start dates shall first be
approved by the Director of Public Works and Utilities.
61147.021 00\12888815,1 MSA page 22 Attachment 1, Page 27 of 51
EXHIBIT "C"
Compensation
From: _ ><il .(A 6!L 1
(CONTRACTOR)
To: Director of Public Works and Utilities, 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 as described in the RFP, and hereby proposes and
agrees, if the proposal is accepted, to complete said contract in accordance with the RFP and
related MSA for the following costs noted herein.
Said atnounts are to include and cover all taxes, the performing of all the labor requisite and the
providing of all necessary machinery, tools, apparatus, materials and other means of
maintenance; also, the performance and completion of all the work in the manner set forth,
described and shown in the RFP/MSA for the work. Contractor will not be required to pay for
permits on City projects.
Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set
forth in this Exhibit C and that they are correct to the best of his/her knowledge and that they
constitute his/her complete proposal for the work required as noted in the RFP/MSA.
NOTES
1. All herein proposed yearly hourly $ rates shall be based on the full term noted in § 3.1.2
of the MSA agreement.
2. All herein proposed yearly hourly $ rates shall include =% for incidental/normal
material costs
Job clossiflcatlon
Yeer ons hourly $ Yaar two hourly $ Year three hourly
$
Yeartour hourly $ i
Your five hourly s
for.ss
rate rata rate
I 4 I cl i a4
rata
rats
135
Constructlon
Foreman
Ao
Journey Plumber
a 09
I f
)a
Joumey Carpenter
a— 1 -
Journey Blsctrlclan
, � 1 O .
—� ` � �
� e l �
� � I � � �l
� C)
61147.02[00\12888815 1 MSA page 23
Attachment 1, Page 28 of 51
Journey Dry Waller
Journey Flooring
loumay Concrete
Laborer
(5l�
1S—IItuuI�1C)I�Ig_
1LA (D_
$ p, $ q -
Year two hourly $ Year three hourly
rate $ rate
f t
1 r ` l [f 1
1 S� 5 b
�P -1 lU
o
Job classlflcetton
for SANS
Your one hourly;
rate
�c 11 11
1 -1
1
Varfoarhouriv$1
raw
Year five hourly $
rate
1 —1
1
Construction
Foramen
Joumey Plumber
I n
1 �l/ �V
} I 1 n S
A
Journey Carpenter
Journey Elactrlclan
1.-j
A Q to a .5o �o D . _So
. 50
a q LI
Journey Dry Weller
0
5 D�o
' 59
$ C) C)
1 �l
1 a .. -- 1 lj
Journey Flooring
Journey Concrete
C;� 1
Laborer
1 1^
-:$a
1 5
I lP O
ftL—
im
Job classtflcatlon
for fs
Year one hourly $
rate
Year two hourly $ Year three hourly
rate $ rate
Yaer four hourly $
raw
Year five hourly $
raw
Construction
Foreman
-
Journey Plumber
0
Journey Carpenter
`�
I 3
Journey Electrician
5 ate_
� c t� -So taloa . S U
a to a ':SIDq
LI
Journey Dry Waller
Journey Flooring
61147.02100\12688815.1 MSA page 24
Attachment 1, Page 29 of 51
Journey Concrete
Laborer
LA
Job ele UlMlon
Yen ona hourly S
Year ftw hourly $
Year two hourly $
Year three hourly
Year four hourly $
q for EAHS
rate
rete
$ me
rete
rate
constructlon
Foremen
V
--
$
Y1 C J
4'Q V
1 a
Journey Plumber
sz�
Journey drpantar
loyrnay mectrlclen
Journey Dry Weller
�L 5
00
a Su
Joumey Flooring
Journey Concrete
� V
$ UC W
') b V
s a 1 `'j
--
Laborer
'
Note: If an individual, so state. If a firm or co -partnership, state the firm name and give the
names of all individual co-partners composing the firm: President, Secretary, Treasurer, and
Manager thereof.
Date: n Cur aCA 40018 ICES I.li �c il' Qftr P u - lc � % Ser4i CeS LLL
Contractor name & title (print) V Z"/ cL n(xi)j w
C actor nam (signature)
61147.02100\12888815 1 MSA page 25
Attachment 1, Page 30 of 51
Contractor/business address
Contractor/business phone number 4�tql
(119)40c-2`(iP,
Contractor 24/7 contact phone number
14 401 -Z-1 It
Contractor email
R C,,,,kz---A Aa i - On-)
61147.02100\12888815.1 MSA page 26
Attachment 1, Page 31 of 51
EXHIBIT "D"
Certificate of Compliance
State of California Prevailing Wage Law Requirements
The CITY has been advised that the Prevailing Wages 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 1770
et 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 as against the
CONTRACTOR,
Ung+ed B>,kS�nCSSond NegC.`Oemenj- SUV1GCJ L -L -L/
I, _ , understand that I shall be responsible for
compliance in all respects with the prevailing wage rates to all the laborers involved, and with
California Labor Code Section 1770 et seq., including the keeping of records required by the
provisions of Labor Code Section 1776 and with implementation of administrative regulations.
ve 17�11� S �� �'c s
Date Contractor name anJ title (print)bene ' ( f) tAf 7.,, 1 A r, nrA e r
L L L,
Coast ctor name (Sipature)
61147.02100\12888815.1 MSA page 27
Attachment 1, Page 32 of 51