18-0523_CHARLES KING COMPANY_On-Call Maintenance and Repair Services 2018 ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER MAINTENANCE
AND REPAIR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND CHARLES KING COMPANY
1. Parties And Date.
This Agreement is made and entered into this day of
2018, by and between the 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
Charles King Company. a California corporation with its principal place of business at
2841 Gardena Ave, Signal Hill, CA 90755 (`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 and in the task order(s) to be issued pursuant to this Agreement and
executed by the City and Contractor ("Task Order"). Contractor represents that it is
experienced in providing On-Call Water, Storm Drain, and Sanitary Sewer Maintenance
and 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 will perform the
Services and 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 maintenance and repair
services for the On-Call Water, Storm Drain, and Sanitary Sewer Maintenance and
Repair Services ("Project") as set forth in this Agreement on an on-call, as-needed
basis. The Contractor will perform the Project services in accordance with the approved
Specifications, Special Provisions, and the Standard Specification for Public Works
Construction, Latest Edition, and the Standard Specifications for the Construction of
Domestic Water and Recycled Water facility for Water Systems Repair. Including all
supplements therefore, on file in the Utilities Division Office of the City of San Juan
Capistrano, California. (The "Standard Specifications"). Services shall additionally be
ordered by Task Order(s) to be issued pursuant to this Agreement for future projects as
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set forth herein (each such project shall be designated a "Project" under this
Agreement). There is no guarantee of any of the Work of this project occurring, or that
the full amount specified in the section on compensation will be spent.
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 maintenance and repair
services necessary for the Project ("Services"). The types of Services to be provided
are generally described in Exhibit "A" attached hereto and incorporated herein by
reference. The Services shall be more particularly described in the individual Task
Orders issued by the City. No Services shall be performed unless authorized by a fully
executed Task Order in the form attached hereto as Exhibit "C". All Services shall be
subject to, and performed in accordance, with this Agreement, the relevant Task Order,
the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall commence on the date first
set forth above and expire one (1) year from the commencement date, unless earlier
terminated as provided herein. Contractor shall complete the Services within the term
of this Agreement, and shall meet any other established and mutually agreed upon
schedules and deadlines and shall meet any other established schedules and deadlines
set forth in the Task Order. All applicable indemnification provisions of this Agreement
shall remain in effect following the termination of this Agreement. The Parties may, by
mutual, written consent, further extend the term of this Agreement for two (2) additional
one-year periods.
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.
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3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the specific
schedule that shall be set forth in the Task Order ("Schedule of Services"). Contractor
shall be required to commence work within three hours of receiving a fully
executed Task Order. 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 each Schedule, the City shall respond
to Contractor's submittals in a timely manner. Upon the City's request, Contractor shall
provide a more detailed schedule of anticipated performance to meet the relevant
Schedule of Services as set forth in each Task Order.
3.2.3 Conformance to Applicable Requirements. All work undertaken by
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates the Utilities
Superintendent, 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 Scott
King, 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 or her 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 and as described in the relevant
Task Order.
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, if any, shall have sufficient skill and
experience to perform the Services assigned to them. Finally, Contractor represents
that it, its employees and subcontractors, if any, have all licenses, permits, qualifications
and approvals of whatever nature that are legally required to perform the Services,
including a city or county business license, and that such licenses and approvals shall
be maintained throughout the term of this Agreement. In addition, Contractor shall
possess a valid State of California Class A (General Engineering) or C-36 (Pipeline or
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Mechanical) Contractors License. The City shall have the right to request a copy of any
license for the purposes of verification. 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. 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 this Agreement and any
Task Order issued by the City, or which may be provided separately and agreed upon in
writing by the Parties. Contractor shall be responsible for the cost of any damages
suffered by the City by reason of delay caused by Contractor, its employees or
subcontractors, if any.
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 Services 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 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.
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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, if any, 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.
3.2.10.3 Employment Eligibility; Failure to Comply. 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
subcontracts, sub-subcontractors or consultants, if any, to meet any of the requirements
provided for in Sections 3.2.10.1; (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); 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
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any subcontractor, if any, 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.
Contractor shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
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, it subcontractors, if any, 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, unless such non-compliance is the
result of the sole established negligence or willful misconduct 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, if any, shall have sufficient skill and experience to perform the Services
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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, if any, 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
Services 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, if any, 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) OR
Insurance Services Office Owners and Contractors Protective Liability Coverage Form
(CG 00 09 11 88) (coverage for operations of designated contractor); (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 21 29); 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 per occurrence,
$4,000,000 aggregate 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: $2,000,000 per accident,
$4,000,000 aggregate for bodily injury and property damage; and (3) Workers'
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Compensation and Employer's Liability. Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of $2,000,000 per
occurrence, $4,000,000 aggregate per accident for bodily injury or disease. Defense
costs shall be available in addition to the limits. Notwithstanding the minimum limits
specified herein, any available coverage shall be provided to the parties required to be
named as additional insureds pursuant to this Agreement.
(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
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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(8), 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, 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
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 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
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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 Requirements. Contractor
shall not allow any subcontractors to commence work on any subcontract relating to the
work under 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, if any, such as
safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment and other safety devices, equipment and
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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 Bonds.
3.2.13.1 Performance Bond. Not required.
3.2.13.2 Payment Bond. Contractor shall execute and provide
to City concurrently with this Agreement a Payment Bond in the amount of the Total
Compensation indicated in this Agreement, and in the form provided by the City
attached hereto as Exhibit "D". If such bond is required, no payment will be made to
Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City's sole opinion, any
bond become insufficient or any surety be found to be unsatisfactory, Contractor shall
renew or replace the affected bond within 10 days of receiving notice from City. In the
event the surety or Contractor intends to reduce or cancel any required bond, at least
thirty (30) days prior written notice shall be given to the City, and Contractor shall post
acceptable replacement bonds at least ten (10) days prior to expiration of the original
bonds. No further payments shall be deemed due or will be made under this
Agreement until any replacement bonds required by this Section are accepted by the
City. To the extent, if any, that the total compensation is increased in accordance with
the Agreement, the Contractor shall, upon request of the City, cause the amount of the
bonds to be increased accordingly and shall promptly deliver satisfactory evidence of
such increase to the City. To the extent available, the bonds shall further provide that
no change or alteration of the Agreement (including, without limitation, an increase in
the total compensation, as referred to above), extensions of time, or modifications of the
time, terms, or conditions of payment to the Contractor, will release the surety. If the
Contractor fails to furnish any required bond, the City may terminate this Agreement for
cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California-admitted surety with a current A.M. Best's
rating no less than A:VIII and satisfactory to the City. If a California-admitted surety
insurer issuing bonds does not meet these requirements, the insurer will be considered
qualified if it is in conformance with Section 995.660 of the California Code of Civil
Procedure, and proof of such is provided to the City.
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
11
61147.02100\31039131.1
the Agreement for a period of three (3) years from the date of final payment under this
Agreement.
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 "B" attached hereto and incorporated herein by reference. The
maximum compensation for Services to be provided pursuant to each Task Order shall
be set forth in the relevant Task Order. The cost of bonds, insurance, office support,
accounting, regulatory compliance, and other business expenses are covered under the
allowed percentage of Overhead and Profit entered on Exhibit "B;" and will not be
allowed as a direct expense. The total compensation to be provided under this
Agreement, in the aggregate, shall not exceed Forty Five Thousand Dollars ($45,000)
("Total Compensation") without written approval of the City. 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 30 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 California Labor Code Requirements.
3.3.5.1 Contractor is aware of the requirements of California
Labor Code Section 1720, et sec. ., and 1770, et seq., 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
12
61147 02100\31039131 1
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 claim
or liability 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 records (Labor Code Section 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 Pursuant to Labor Code Sections 1725.5 and 1771.1,
the Contractor and all subcontractors performing Services 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 subcontractors, as applicable. 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. 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.a
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. Contractor
may, by written notice to City, terminate the whole or any part of this Agreement at any
13
61 147 02100\31039131.1
time and without cause by giving written notice to City of such termination, and
specifying the effective date thereof, at least thirty (30) 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.
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.
3.4.3 Additional Services. 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 as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this
Agreement shall 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:
Charles King Company
2841 Gardena Ave, Signal Hill, CA 90755
Attn: Scott King
City:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Steve May, Director of Public Works and Utilities
Such notice shall be deemed made when personally delivered or when
mailed, forty-eight (48) hours 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 the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by
law, Contractor shall defend, indemnify and hold the City, its directors, officials, officers,
employees, volunteers and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or
equity, to property or persons, including wrongful death, in any manner arising out of,
pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its
14
61147.02100\31039131.1
officials, officers, employees, subcontractors, if any, consultants or agents in connection
with the performance of the Contractor's Services, the Project, this Agreement, or any
Task Order, including without limitation the payment of all consequential damages,
expert witness fees and attorneys' fees and other related costs and expenses, except
for any claims, demands, causes of action, costs, expenses, liabilities, losses, damage
or injuries arising through the sole negligence or willful misconduct of the City, or its
officials, directors, officers, employees, agents or independent contractors.
3.5.2.2 Additional Indemnity Obligations. Contractor shall
defend, with 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
3.5.2.1 that may be brought or instituted against the City or its directors, officials,
officers, employees, volunteers and agents. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against the City or its directors,
officials, officers, employees, volunteers and agents as part of any such claim, suit,
action or other proceeding, except for any judgments, awards or decrees arising
through the sole negligence or willful misconduct of City, or its officials, directors,
officers, employees, agents or independent contractors. Contractor shall also
reimburse City for the cost of any settlement paid by the City or its directors, officials,
officers, employees, agents or volunteers as part of any such claim, suit, action or other
proceeding, except for any costs of settlements arising through the sole negligence or
willful misconduct of the City, or its officials, directors, officers, employees, agents or
independent contractors. Such reimbursement shall include payment for City's
attorney's fees and costs, including expert witness fees. Contractor shall reimburse the
City and its directors, 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, except for any legal expenses and costs
arising through the sole negligence or willful misconduct of the City, or its officials,
directors, officers, employees, agents or independent contractors. 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 directors,
officials officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This
Agreement shall be governed by the laws of the State of California. Venue shall be in
Orange County. 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.
15
61147.02100\31039131.1
3.5.4 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.5 City's Right to Employ Other Contractors. 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, subcontractors, if any, and agents of Contractor, except as
otherwise specified in this Agreement. All references to City include its officials,
officers, employees, agents, and volunteers except as otherwise 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
16
61147.02100\31039131.1
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, if any, 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 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all other costs of such
action.
3.5.16 Authority 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.
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 Recitals. The recitals set forth above are true and correct and
incorporated herein by reference.
[signatures on following page]
17
61147 021 00\31039131 1
2018 ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER MAINTENANCE
AND REPAIR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND CHARLES KING COMPANY
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the
day of May, 2018.
CITY OF SAN JUAN CAPISTRANO CHARLES KING COMPANY
Approved By.
—�4�.
B min el Signature
/City Manager E13 e l&
5-2Name
Date Pe" ( T)E N
e d y. Title
Morris, ity CI k Date
Approved As To Form:
Attorney
18 Attachment 2
61147 02100131039131 1
EXHIBIT "A"
SCOPE OF SERVICES
The Contractor is tasked to perform on-call and as-needed water, sewer and storm
drain maintenance and repair services pursuant to Task Orders issued by the City.
Such Services may include, but are not limited to, the following work activities:
A. The repair of water, storm drain, and sanitary sewer mains, service laterals, fire
hydrants, water valves, water meters, air valves, blow-offs, force and gravity
mains, manholes, etc. The Contractor will perform the Project services in
accordance with the approved Specifications, Special Provisions, and the
Standard Specification for Public Works Construction, Latest Edition, and the
Standard Specifications for the Construction of Domestic Water and Recycled
Water facility for Water Systems Repair. Including all supplements therefore, on
file in the Utilities Division Office of the City of San Juan Capistrano, California.
(The "Standard Specifications") The following are examples of the typical work to
be performed, but does not constitute all the work needed in the fulfillment of the
needs of the City.
• Replace Existing 1" Service Laterals per standard detail W-1
• Replace Existing 2" Service Laterals per standard detail W-2
• Replace Fire Hydrant per standard detail W-6, or W-7
• Replace Fire Hydrant riser per standard detail W-6, or W-7
• Pothole Existing Facilities for Location and Depth
• Install Stainless steel repair clamps on 6- 12 inch diameter pipeline at
depths of 6-foot to 8-foot.
• Replace 8-inch PVC, C900 Water Main, of lengths 20, 50, or 100 foot.
• Relocate Sewer Mains
• Replace existing 8, to 12 inch Resilient Seated flanged Gate Valves
• Replace all existing bolts on 8, to 12 inch flanged Valves
• Raise Existing valve cans per standard detail W-13
• Raise existing sewer manhole lid to grade per City standard detail 807
• Provide sewer spill containment and clean up equipment and personnel.
• Any and all repairs and relocations needed in the event of a natural
disaster.
• Provide from Equipment and Materials from list (Exhibit B) on an hourly
basis:
• Provide Laborers, Teamsters, Operating Engineers, Pipefitters/ Welders,
Utility, Equipment Operators, and Project Management from list (Exhibit B)
on and hourly basis.
61147.02100\31039131.1
• Perform fixed lump sum work for specific conditions and work per quoted
cost on Exhibit B.
B. The work may be done during regular working hours, after hours, or on weekends. If
there is an emergency, the Contractor will be expected to respond within three (3)
hours of the call for assistance to the event location site.
C. All emergency work will be done on a time and material basis plus normal markups
per the Standard Specifications for Public Works Construction (The Green Book).
Daily reports will be prepared and submitted to the City per section 3-3.3 of the
Green Book. All work will be performed in compliance with the City's standard
specifications and the requirements of the City.
D. The Contractor will be responsible for supplying all labor, equipment, and materials
needed as requested by City personnel to complete any job assigned by the City.
The City will furnish as agreed upon prior to start of work or on an as needed basis
any required materials not supplied by the contractor. The City will call Underground
Service Alert (USA) for utility locations prior to the start of work. The City will acquire
all permits from the governing agencies as required. In the event that a conflict or
contradiction is discovered between the proposal language and the City's standard
contract terms, the City's standard contract terms shall prevail.
E. The Contractor shall be responsible and shall take necessary precautions to prevent
public trespass into areas of work, during and following construction, until that time
that the area is opened again to the public for their use.
F. Rubbish and construction debris shall be disposed of to an approved dump site.
After removal operations have been completed, the grounds shall be left in a neat
and presentable condition, satisfactory to the City representative.
G. The Contractor shall verify the location of all utilities prior to construction and shall
be held liable for all damages incurred due to his operations.
H. When saw cutting, all water and residue shall be detained and vacuumed prior to
entrance into the storm drain. Vacuumed construction water shall be properly
disposed of. The Contractor is subject to severe fines and penalties should he/she
allow construction water to enter the storm drain or creek system.
I. During construction the Contractor shall provide street sweeping as necessary to
meet the requirements of the City of San Juan Capistrano National Pollution
Discharge Elimination System Program (NPDES).
61147.02100\31039131.1
J. The Contractor shall provide storm drain pollution protection per the City NPDES
Program.
K. Per City Council Policy 601, an Archeological Monitor is required to be onsite during
all excavations in excess of 18 inches. In the event that an Archeological Monitor is
required the City shall provide the Monitor at the City's expense.
L. The Contractor shall provide traffic control per the Manual on Uniform Traffic Control
Devices (M. U. T. C. D. Manual).
M. 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 City representative.
N. The 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 City. The City 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 a City
representative, Contractor shall proceed with the work as increased, decreased or
altered.
O. The City representative will make inspections and determine that the work has been
completed in all respects in accordance with these specifications.
P. The On-Call Water, Storm Drain and Sanitary Sewer Maintenance and Repair
Services are to be provided on an "as needed and when requested" basis. Work will
ordinarily be performed between the hours of 7:00 AM and 6:00 PM, Monday
through Friday. During emergencies, work may be required at other than normal
hours. The Contractor must receive the approval of the Utilities Director or his/her
authorized representative prior to commencing work during hours outside those
stated above.
Q. Work will not be performed without prior approval and only as authorized by a City
representative. The selective repairs and/or maintenance approach should be
performed using a "find it/fix it" approach that consists of four primary steps:
1. Meet with City staff to discuss the proposed work
61147.021 00\3103913 1A
2. Conduct a site-walk to evaluate field conditions
3. Prepare an itemized cost estimate for proposed work
4. Prepare and execute a task order for proposed work
R. Contractor is required to maintain an office within a 55-mile travel distance of the
City.
S. Contractor shall provide the City with the name of a contact person and a telephone
number where he/she can be reached twenty-four (24) hours a day. This person
must be available for emergency work scheduling at all times. Contractor shall be
able to respond to emergency work requests within one hour of notification by City
and have crews available at the event location site within three (3) hours and shall
be considered part of the normal contract except when delayed by problems caused
by vehicle accidents or Acts of God.
T. 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 which threatens to
cause damage to any City property.
61147,02 1 00\3103913 1.1
EXHIBIT "B"
COMPENSATION
['--INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES"**]
61147.02100\31039131.1
Qualification Response Form-On-Call Maintenance Attachment 1
Proposal Submission Forms
Contractor must complete the forms below, and attach its standard rate sheet of
charges for equipment and labor. For the Make/Model enter the make and model, or
provide reference to the line item on rate sheet. The Mobilization/Demobilization can be
stated as flat cost, or minimum hours of use. If overhead and profit are included in the
rates, state "Included" otherwise state the percentage added in the final bill.
1. Equipment/ Materials
Equipment (Make/Model) Mobilization/ Rate ($/hour, Overhead & Profit as a
Description Demobilization day, or unit) Percentage
Cost
Large i .G , I
Excavator » �, 1 � ,E 1 --
Large excavator 43,000—50,000 lbs. with-out operator;John Deere 200D or equivalent. ($/day)
Small /
Excavator T r" -0 G c �' �.,t,( i I
Small excavator 25,000—29,000 lbs.with-out operator;John Deere 120D or equivalent. ($/day)
Mini
Excavator
Mini excavator 14,000-18,000 lbs.with-out operator;Takeuchi TB175 or equivalent. ($/day)
Back Hoe - tt /
Loader 1^ a d (,' t�;' } (.' t '�' 14, '�� -
Backhoe loader, 60-90 Hp,4WD Extended,with-out operator. ($/day)
Back Hoe
Breaker
Hydraulic backhoe breaker, 1,500 Ft-lbs. impact energy. ($/day)
Truck w/
Flatbed Trailer s "�' G"� lc� -.��
Truck to deliver above equipment to drop off equipment, and pickup to return to contractor's storage
with-out driver. ($/round-trip.)
Dump Truck
5 CY (4 - } VA
Dump truck, 5 yard capacity,56,000 lbs. gross vehicle weight,with-out driver. ($/day)
Dump Truck
10 C ti "G1tirG� l ' I. lry
Dump truck, 10 yard capacity,56,000 lbs.gross vehicle weight,with-out driver.($/day)
Compaction
Roller ti t(A NV(il' �,j_L-) / , l yr.- I. ��..✓.
1.5 Ton double drum smooth, Wacker Model RD12A(or equal),with-out operator.($/day)
If overhead and profit are included in the rates, state "Included" otherwise state the
percentage added in the final bill.
7 Initial of Contractor
Qualification Response Form—On-Call Maintenance Attachment 1
Equipment (Make/Model) Mobilization/ Rate ($/hour, Overhead & Profit as a
Description Demobilization day, or unit) Percentage
Larger ' d
Compactor y"�' C i\.,, I L ' -i t; 4,
2900-3600 lbs/blow, Multiquip Model MTX70-HD (or equal),with-out operator. ($/day)
Crew Truck U't G, rV
Crew truck for transportation of personnel and light equipment, Ford F350 or equal, with-out driver.
($/day)
Pick-up
Truck with I
Crew Cab
Truck with Crew Cab with seating for 5 crew members, Ford F350 or equal,with-out driver. ($/day)
Pipe Hauler ll
Trailer \
Delineator/
Traffic
Cones �� ��� '1�G' _ i [• i G
Traffic
Signs �. � Ux { t' G
Air
Compressor
Hand
Compactor
Cut off Saw
Concrete
Saw, 12-
inch blade lam,
By-pass
Pump and o
Hose G 3 /� 5
Trench
shielding 'V ,G'1 � �� ' ( � ( t� i
Steel Plates
Dewatering
Equipment (,
10CY1-
Sack Slurry L16
1
10 CY 2-
Sack Slurry ,l C
10 CY 3-
Sack Slur y"tib "-
If overhead and profit are included in the rates, st t "Included" otherwise state the
percentage added in the final bill.
Contractor Name
8 Initial of Contractor
Qualification Response Form—On-Call Maintenance Attachment 1
2. Labor
Contractors Prevailing
Classification Wage Hourly Overtime Double time OH&P Mark-Up
Classification on Rate Sheet Rate 1 1/2 x Rate 2x Rate in Percent
LABORERS
Operator General Foreman Operator Foreman 115.00 165.00 200.00 inc
Operator Foreman Operator Foreman 115.00 165.00 200.00 inc
General Foreman Foreman 115.00 165.00 200.00 Inc.
Foreman Foreman 115.00 165.00 200.00 inc.
Group 1 -General Laborer Group 1 95.00 145.00 190.00 inc.
Group 2-Chute Man n/a n/a n/a n/a n/a
Group 3 Pipeline n/a n/a n/a n/a n/a
Group 4-Pipe Layer Laborer Group 4 105.00 155.00 180.00 inc.
Group 5—Blaster/Welder n/a n/a n/a n/a nra
Apprentice 6'h Period n/a n/a We n/a n/a
, TEAMSTERS
operator General Foreman n/a n/a n/a n/a n/a
Operator Foreman n/a n/a n/a n/a n/a
General Foreman n/a n/a n/a n/a n/a
Foreman n/a n/a n/a n/a n/a
Gr .2-2 Axle n/a n/a n/a n/a n/a
Gr . 3-3 Axle n/a n/a n/a n/a n/a
Gr .5-Working Truck Driver Truck Driver 95.00 145.00 190.00 inc.
Gr .6-4 or More Axle n/a n/a n/a n/a n/a
Grp. 9-Lo-Bed nia n/a n/a n/a n/a
Grp. 12-WTD Boom Truck Cert n/a n/a n/a n/a n/a
NOTE: For any classification not applicable, please note with N/A. If overhead and profit are included in the rates, state
"Included"otherwise state the percentage added in the final bill.
CHARLES KING COMPANY Contractor Name
9 Initial of Contractor! L
Qualification Response Form—On-Call Maintenance Attachment 1
Contractors Prevailing
Classification Wage Hourly Overtime Double time OH&P Mark-Up
Classification on Rate Sheet Rate 1 1/1 x Rate 2x Rate in Percent
OPERATING ENGINEERS
General Foreman,Appdx.A n/a n/a n/a n/a n/a
Foreman,Appdx.A n/a n/a n/a n,!a n/a
Group 1,Appdx.A-Oiler n/a n/a n/a nla n/a
Group 2,Appdx.A-Oiler n/a n/a n/a n/a n/a
Group 8,Appdx.A-Universal Operator G8 115.00 165.00 200.00 inc.
Group 10,Appdx.A-Mechanic n/a n/a n/a n/a n/a
Group 8,Appdx. B-Crane<25 Tons n/a n/a n/a n/a n/a
Apprentice, Grp 6,Appdx A •Step 6
(90%) n/a n/a n/a n/a n/a
PIPEFITTERS/WELDERS-
INDUSTRIAL
General Foreman n/a n/a n/a n/a n/a
Foreman n/a n/a n/a n/a n/a
Journeyman-Welder/Fitter Journeyman-wehiedFlder 150.00 175.00 200.00 inc.
Industrial Welder n/a n/a n/a n/a n/a
Apprentice-Fifth Year n/a n/a n/a n/a n/a
NOTE: For any classification not applicable, please note with N/A. If overhead and profit are included in the rates, state
"Included"otherwise state the percentage added in the final bill.
CHARLES KING COMPANY Contractor Name
10 Initial of Contractor
Qualification Response Form-On-Call Maintenance Attachment 1
Contractors Prevailing
Classification Wage Hourly Overtime Double Time OH&P Mark-Up
Classification on Rate Sheet Rate 1 '/Y x Rate 2x Rate in Percent
UTILITY
Operator Foreman n/a n/a We n/a n/a
Foreman n/a n/a n/a n/a n/a
Welder n/a n/a n/a n/a n/a
Journeyman/Fuser n/a n/a n/a n/a n/a
Pipe Tradesman II n/a n/a n/a n,1a n/a
Equipment Operator i
-Large Excavator Operator 115.00 165.00 200.00 inc
-Small Excavator Operator 115.00 165.00 200.00 inc
-Mini Excavator Operator 115.00 165.00 200.00 inc
-Back Hoe Loader Operator 115.00 165.00 200.00 inc
-Truck Operator 115.00 165.00 200.00 Inc
-Dump Truck Operator 115.00 165.00 200.00 inc
-Compaction Roller Operator 115.00 165.00 200.00 inc.
PROJECT MANAGEMENT
Project Manager Project Manager 125.00 165.00 200.00 inc.
Superintendent Superintendent 125.00 165.00 200.00 inc
Project Engineer Project Engineer 100.00 150.00 200.00 inc
Safety Director Safety Director 85.00 140.00 180 00 inc
Safety Supervisor Safety Supervisor 85.00 140.00 180.00 inc.
i
NOTE: For any classification not applicable, please note with N/A. If overhead and profit are included in the rates, state
"Included"otherwise state the percentage added in the final bill.
CHARLES KING COMPANY Contractor Name
11 Initial of Contractor
Qualification Response Form—On-Call Maintenance Attachment 1
Fixed Lump Sum Work:
Note: Prices for Lump Sum Fixed work to include all labor, material, and overhead and profit.
Note, unless noted otherwise: 1)All pipeline at standard depth or 5-foot to top of
pipe.2)All pricing to include pricing for traffic control per MUTCD,on 25 mph Rate Regular Time
residential streets. 3) Asphalt pavement to be restored per City Standard 700.
Replace V Service line per City Standard W-1,with a service line length of 30 feet. 21,750.00
Include saw cutting,disposal, and restoration of asphalt and concrete. Include
replacement of 4-foot x 6-foot concrete sidewalk.
Replace 2"Service line per City Standard W-2,with a service line length of 30 feet. 22,750.00
Include saw cutting,disposal, and restoration of asphalt and concrete. Include
replacement of 4-foot x 6-foot concrete sidewalk.
Replace Residential Fire Hydrant line per City Standard W-6,with a service line length of 28 900.00
30 feet. Include asphalt and concrete saw cutting,disposal of asphalt, and restoration.
Replace Residential Fire Hydrant burry section, riser, and hydrant per City Standard W- 15 125.00
6. Include concrete saw cutting,disposal,and restoration.
Replace Commercial Fire Hydrant line per City Standard W-7,with a service line length 133,250.00
of 30 feet. Include asphalt and concrete saw cutting,disposal of asphalt,and
restoration.
Replace Commercial Fire Hydrant burry section, riser,and hydrant per City Standard W- 19 500.00
7. Include concrete saw cutting,disposal, and restoration.
Pothole with maximum 8-inch diameter penetration in asphalt to top of pipe with vacuum 2,500.00
excavation utilizing either air or water pressure to break up the soil and a vacuum device
to collect the spoil to a depth of 8-foot to top of pipe. Backfill pothole with 3-sack slurry
to pavement. Temporarily restore asphalt pavement with cold mix.
Install City provided 20-inch long Ford F1 repair clamp on 6 to 12 inch pipeline, at a 11,400.00
depth to top of pipe at 6-foot. Include asphalt and concrete saw cutting, disposal of
asphalt, and restoration.
12 Initial of Contractor
Qualification Response Form—On-Call Maintenance Attachment 1
Note: Prices for Lump Sum Fixed work to include all labor, material,and Overhead and Profit.
Note, unless noted otherwise: 1)All pipeline at standard depth or 5-foot to top of i
pipe. 2)All pricing to include pricing for traffic control per MUTCD,on 25 mph j Rate Regular Time
residential streets. 3) Asphalt pavement to be restored per City Standard 700.
Install City provided 20-inch long Ford F1 repair clamp on 6 to 12 inch pipeline, at a 12,600.00
depth to top of pipe at 8-foot. Include asphalt and concrete saw cutting, disposal of
asphalt, and restoration.
Replace 20 foot segment of pipeline with 8-inch PVC C900 line per City Standard 21,400.00
section 16064, and detail W-13. Install City provided flexible pipe couplings per City
standard 15162. Include asphalt and concrete saw cutting, disposal of asphalt,and
restoration.
Replace 50 foot segment of pipeline with 8-inch PVC C900 line per City Standard 26,000.00
section 16064, and detail W-13. Install City provided flexible pipe couplings per City
standard 15162. Include asphalt and concrete saw cutting,disposal of asphalt, and
restoration.
Replace 100 foot segment of pipeline with 8-inch PVC C900 line per City Standard 40,260.00
section 16064, and detail W-13. Install City provided flexible pipe couplings per City
standard 15162. Include asphalt and concrete saw cutting,disposal of asphalt, and
restoration.
Replace existing 8-inch resilient wedge gate flanged valve per City standard W-13, and 1 0,600.00
City Standard 15100.
Replace existing 10-inch resilient wedge gate flanged valve per City standard W-13, and 11,750.00
City Standard 15100.
Replace all the bolts on an existing 8-inch resilient wedge gate flanged valve per City 8,900.00
standard W-13, and City Standard 15100;with 316L Stainless steel bolts,with Teflon
coated nuts.
Replace all the bolts on an existing 12-inch resilient wedge gate flanged valve per City 9,000.00
standard W-13, and City Standard 15100;with 316L Stainless steel bolts,with Teflon
coated nuts.
Raise existing valve cans to grade per City standard detail W-13 3,250.00
Raise existing sewer lids to grade with grade rings per City standard detail 807 3,250.00
13 Initial of Contractor Sir
EXHIBIT "C"
SAMPLE TASK ORDER FORM
CITY OF SAN JUAN CAPISTRANO
TASK ORDER
Task Order No.
Agreement: On-Call Maintenance & Repair Services
Contractor: Charles King Company
The Contractor is hereby authorized to perform the following work subject to the
provisions of the Agreement identified above:
List any attachments:
Dollar Amount of Task Order: Not to exceed $ .00
Completion Date: , 20
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all
materials, except as may be otherwise noted above, and perform all services for the
work above specified in accordance with the Agreement identified above and will accept
as full payment therefore the amount shown above.
CITY OF SAN JUAN CAPISTRANO Charles King Company
Dated: Dated:
By: By:
61147.02100\31039131.1
EXHIBIT "D"
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by
action taken or a resolution passed , 2018, has awarded to
hereinafter designated as the "Principal," a contract for the work described as follows:
(the "Project'); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated ("Contract Documents"), the
terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the
Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as Surety,
are held and firmly bound unto the City in the penal sum of
Dollars ($ ) lawful money of the United States of America,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done,
or for any work or labor thereon of any kind, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department
or Franchise Tax Board from the wages of employees of the contractor and his subcontractors
pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and
labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein
above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought
upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or
61147.02100\31039131.1
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any
change or modification of any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement herein above described, nor by any
rescission or attempted rescission of the contract, agreement or bond, nor by any conditions
precedent or subsequent in the bond attempting to limit the right of recovery of claimants
otherwise entitled to recover under any such contract or agreement or under the bond, nor by
any fraud practiced by any person other than the claimant seeking to recover on the bond and
that this bond be construed most strongly against the Surety and in favor of all persons for
whose benefit such bond is given, and under no circumstances shall Surety be released from
liability to those for whose benefit such bond has been given, by reason of any breach of
contract between the owner or City and original contractor or on the part of any obligee named
in such bond, but the sole conditions of recovery shall be that claimant is a person described in
Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, addition, alteration or
modification herein mentioned and the provisions of sections 2819 and 2845 of the California
Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day
of , 2017.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of
the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety
to do so must be attached hereto.
61147.02100\31039131.1
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the Identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On 2017, before me, Notary Public, personally
appeared who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
-, Corporate Officer
Title(s) Title or Type of Document
Partner(s) J Limited
General Number of Pages
Attorney-In-Fact
C Trustee(s)
C Guardian/Conservator Date of Document
E Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
6114702 1 00\3103913 1.1