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18-0523_DOTY BROS. EQUIPMENT COMPANY, INC._Maintenance and Repair Services Agreement2018 ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER MAINTENANCE AND REPAIR SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND DOTY BROS. EQUIPMENT CO. 1. Parties And Date. This Agreement is made and entered into thisrVIL 11, ? 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 Doty Bros. Equipment Co., a California corporation with its principal place of business at 11323 E. Firestone Blvd., Norwalk CA 90650 ("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 61147.021 00\31039144.2 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. 61147.02100\31039144.2 2 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 Phil Dennis, Vice President, 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 61147 02 1 00\31039144 2 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. 61147.02 1 00\31039144.2 4 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 61147.02100\31039144.2 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 61147 02100\31039144.2 6 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' 6114T021 00\31039144 2 7 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 61147.02 1 00\31039144,2 8 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, 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 6114T021 00\31039144 2 9 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 61147 021 00\31039144.2 10 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 "U. 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-Vill 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 61 147.02100\31039144 2 11 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 seg., and 1770, et seg., 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 6114T021 00\310391442 12 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 61 147 02100\31039144.2 13 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: City: Doty Bros. Equipment Co. 11323 E. Firestone Blvd., Norwalk CA 90650 Attn: Phil Dennis, Vice President 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 61147.02100\31039144.2 14 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. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City's agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons. 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 61 147 02100\310391442 15 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 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 elected 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. 61147.021 00\31039144.2 16 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, 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] 61147 021 00\310391442 17 2018 ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER MAINTENANCE AND REPAIR SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND DOTY BROS. EQUIPMENT CO. IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day of May, 2018. CITY OF SAN JUAN C ISTRANO Approved By: nj mi gel �61`bity Manager S -2? -I r Date AHes ed B 0 1- ri orris, Clerk Approved As To Form: City Attorney 6114732100\31039141.2 18 DOTY BROS. EQUIPMENT CO. Signature Phil Dennis Name Vice President Title May 21, 2018 Date 2018 ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER MAINTENANCE AND REPAIR SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND DOTY BROS. EQUIPMENT CO. IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day of May, 2018. CITY OF SAN JUAN CAPISTRANO DOTY BROS. EQUIPMENT CO. Approved By.- Benjamin y: Benjamin Siegel City Manager Date Attested By: Maria Morris, City Clerk Approved As To Form: %City Attorney 18 61147.02100131039144.1 Signature Name Title Date Attachment 2 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. 61 147 02100\310391442 • 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). 6114T021 00\31039144 2 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 61147.02100\31039144 2 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. 61 147.02100\31039144.2 EXHIBIT "B" COMPENSATION [ ..INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES"I 61147.02100\31039144.2 Cualification 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, Description Demobilization day, or unit) Cost Overhead & Profit as a Percentage urge--- xcavator N/A 0 144.00 Included Large excavator 43,000 - 50,000 lbs. with -out operator; John Deere 200D or equivalent. ($/day) Small Excavator N/A 0 120.00 Included ;mall excavator 25,000 - 29,000 lbs. with -out operator; John Deere 120D or equivalent. ($/day) (,pini Excavator N/A 0 98.00 Included Mini excavator 14,000 - 18,000 lbs. with -out operator; Takeuchi TB175 or equivalent. ($/day) Back Hoe - , !Loader j N/Ai 0 42.82 Included Backhoe loader, 60-90 Hp, 4WD Extended, with -out operator. ($/day) i___ — --- ----- — Back Hoe �i-—_- Breaker N/A 0 1 _50.00 Included Hydraulic backhoe breaker, 1,500 Ft - lbs. impact energy. ($/day) Truck w/ T Flatbed Trailer N/A « 36.63 l Included Truck to deliver above equipment to drop off equipment, and pickup to return to contractor's storage with -out driver. ($/round-trip.) Dump Truck I 5 CY N/A 0 :97.04 Included Dump truck, 5 yard capacity, 56,000 lbs. gross vehicle weight, with -out driver. ($/day) Dump Truck -0CY N/A 26! .04 Included I Dump truck, 10 yard capacity, 56,000 lbs. gross vehicle weight, with -out driver. ($/day) f Compaction Roller NIA 0 132.00 ! Inc luded 5 Ton double drum smooth, Wacker Model RD12A (or equal), with -out operator. ($/day) 1 Ir overhead and profit are included in the rates, state "Included" otherwise state the percentage added in the final bill 7 Initial of Contractor (1 Qualification Response Form - On -Call Maintenance Attachment 1 j Equipment j (Make/Model) i Mobilization/ i Rate ($/hour. Overhead & Profit as a Description Demobilization day, or unit) I_ Percentage I Large CompactorN/A 0 263.52 Included 2900 - 3600 lbs/blow, Multiquip Model MTX70-HD (or equal), with -out operator. ($/day) i Crew Truck i I N/A 0 261,04 Included Crew truck for transportation of personnel and light equipment, Ford F350 or equal, with -out driver. (S!� clay) -- Pick-up Truck with N/A 0 147.04 Included Crew Cab j Truck with Crew Cab with seating for 5 crew members, Ford F350 or equal, with -out driver. ($/day) Pipe Hauler 7 Trailer N/A 0 i 12.00 Included Delineator/ Traffic N/A 0 2.50 i Included Cones + I,Traffic N/A 0 ! 2.50 Included Sig ns Air Compressor , N/A 0 21.50 Included Hand Compactor N/A 0 23.50 Included I Cutoff Saw N/A 1 0 I 10.00 Included I Concrete - -- --- I Saw, 12- N/A 0 33,50 Included I_ inch blade By-pass Pump and N/A 0 27.00 Included Hose Trench 1 shielding N/A 0 2.00 Included Steel Plates ' N/A 0 :2.50 Included Dewatering-4N/A 0 I N/A N/A Equipment 10 CY 1- N/A 0 __ 700.00 10CY Sack Slurry -i I IOCY 10 CY 2- N/A 0 730.00 Sack Slurry10 _ SackSlurry S N/A 0 80.00 10CY If overhead and profit are included in the rates, state 'Included" otherwise state the percentage added in the final bill. Dory Bros. Equipment Company Contractor Name Initial of Contractorli Quallf ation Response Form – On -Call Maintenance Attachment t 2. Labor Classification LABORERS Opera:cr General Foreman Opera:cr Foreman General Foreman Foreman Group 1 -General Group 2 - Chute Man Group 3 - Pipeline Group 4 - Pipe Layer Group 5 – Blaster/ Welder Apprentice 6'F' Period TEAMSTERS Contractors Classification Wa9ePrevailing Hourly ! Overtime Double time I OHBP Mark-Up on Rate Sheet I Rate 1 h x Rate 2x Rate in Percent 11 1 50 153 94 O erwor Foreman General Foreman 196 39 Included '0810 + 14894 8468 8971 – nd�dea 90.98 123 17 - – 155.35 i Included 89.32-- 12067 Included 15202 Included 8198 109.66 13734 Included 82.8P 11103 13911 InUutled 8381 ! 11241 14101 InUutled 8640 1&29 146,18 InGuded 8698 117 16 14735 j Included 6583 t 91A9 i 17 14 t Included Opera"o, General Foreman —� 12004 O erwor Foreman General Foreman 111; 62 --� Forem_� 8777 _ _ Grp. 2 -2 Axle __ 8468 Grp. 3 - 3 Axle----} j-- Grp. 5- Working Truck Driver_ 8940 8527 Grp. 6 - 4 or More Axle _ 85_32_ Grp. 9 - Lo -Bed 8648 Grp. 12 -WTD Boom Truck Cert 8853 NOTE: For any classification not applicable, please note with N!A "Included" otherwise state the percentage added in the final bill Doty Bros. Equipment Company. 9 i 162.40 20484 1 Included 15740 198 17 Included 116 62 —{— 14380 4– ncJuded 114.11 14046 Included i 10948 13429 '... Included 109.81 134 72 --t-- InGuded 11036 13546 110.44 -- 13556 Included included --. j 112 19 ....– -- 13789 '.; InGuded 11526 141 99 1 Included overhead and profit are included in the rates. state Contractor Name ;­ii,I of ContractoA V-1 , Qualification Response Form - On -Call Maintenance Attachment 1 Classification _ OPERATING ENGINEERS General Foreman, Appdx A Foreman, Appdx, A Contractors i Prevailing Classification Wage Hourly Overtime on Rate Sheet Rater 1 'h x Rate - 117 72 160 16 114.39 15516 Double time 2x Rate 202 61 19593 OH&P Mark-Up in Percent included Induded Group 1. Appdx. A- Oiler 10623 142 93 179 62 utdutletl Group 2. Appdx. A- Oiler 107 53 144 88 182 22 Induded Group 8, Appdx. A- Universal 1, 05 150 16 18926 md.aed Group10, A dx. A- Mechanic Group 8 Appdx. B- Crane< 25 Tons t,t 53 15046 -_-----...-. j - Iso sa 169.66 Q023 Induded Indud[d iApprentice. Grp 6. Appdx A • step 6 103.23 138.42 173.62 Included —— PIPEFITTERS/ WELDERS - INDUSTRIAL I General Foreman 12962 17761 22560 Induded w Foreman 121 r0 1J957 16574 j 14796 20968 18635 Inicuded mduata -- Journevman-Welder/Fitter Industnal Welder 11724 15947 201.69 Included Apprentice - Fifth Year 86 77 11748 148 19 minded NOTE- =or 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 Doty Bros. Equipment Company. Contractor Name 1� ;nidal of Contract-� Qualifi:ation Response Form - On -Call Maintenance Attachment 1 Excavator Contractors Classification on Rate Sheet I Prevailing Wage Hourly Rate Overtime 1 Y: x Rate Double Time 2x Rate OH&P Mark-Up in Percent _Classification UTILITY ---- N,A mduded -Truck N,A operator Foreman Foreman NiA 10691 90 15 14768 ! 12254 I 18846 151.93 i Induded Included. -- Welder - 98 10 11946 15083 — I Induded Journeyman/Fuser PROJECT MANAGEMENT 75.94 101 64 127,34 induced Pipe Tradesman II 120 58 — ----�-- 58,5 75 15 92 15 Induded Equipment Operator - Large Excavator 1s-5 88 NIA j NrA NIA . Induded Small Fxcavatnr 1s1 sz I NIA WA tiIA nduded Excavator NIA WA N,A Induded - Back Hoe Loader NIA NIA N,A mduded -Truck N,A N/A NiA Induded - Dump Truck NIA l NA NA —%,A Included Compaction Roller N,A NIA Induded PROJECT MANAGEMENT Project Manager_ T --�} 120 58 — ----�-- 16,4 95 ---;--------- 21302 Induded__ Superintendent I 1z3 33 1s-5 88 1 21424 Induded Project Engineer _—_ - 8397 12289 1s1 sz nduded '. Safety Director 1 Safety SUDervlsor 118.51 i0546 I 161 17 14374 1 209 39 185 61 InJuded Induded 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 Doty BIOS. Equipment Company. Contractor Name 11 In hal of Contractok4n Qualification Response Form - On -Call Maintenance Attachment t 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 residential streets. 3) Asphalt pavement to be restored per City Standard 700. Replace 1" Service line per City Standard W-1. with a service line length of 30 feet Include saw cutting disposal, and restoration of asphalt and concrete Include I repiacement or 4 -root x 6 -toot concren- s,nawaik Rate Regular Time 2,443.00 Replace 2" Service line per City Standard W-2, with a service line length of 30 feet. Include saw cutting, disposal, and restoration of asphalt and concrete Include 5,741.00 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 30 fee: Include asphalt and concrete saw cutting, disposal of asphalt, and restoration. 6,932.00 Replace Residential Fire Hydrant burry section, riser, and hydrant per City Standard W- 6 Include concrete saw Gutting, disposal. and restoration. 18,270.00 Replace Commercial Fire Hydrant line per City Standard W-7. with a service line length 17,29000 of 30 feet. Include asphalt and concrete saw cutting, disposal of asphalt. and restoration Replace Commercial Fire Hydrant bung section, riser, and hydrant per City Standard W- 1 7 Include concrete saw cut!Tq, disposal, and restoration __ 1,490.00 Pothole with maximum 8 -inch diameter penetration in asphalt to top of pipe with vacuum 976 QO 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 pavernent- Temporarily restore asphalt pavement with cold mix. Install City provided 20 -inch long Ford F 1 repair clamp on 6 to 12 inch pipeline, at a depth to top of pipe at 6 -foot. Include asphalt and concrete saw cutting, disposal of 15,311.00 asphalt. and restoration. 12 Initial of Contractor -�] Qualification Res onse -orm - 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 1 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. Install City provided 20 -inch long Ford F1 repair clamp on 6 to 12 inch pipeline. ata„ 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 section 16064, and detail W-13 Install City provided flexible pipe couplings per City ' 6.869.00 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 section 16064, and detail W-13 Install City provided flexible pipe couplings per City 8,494.OG' 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 section 16064, and detail W-13 Install City provided flexible pipe couplings per City 14,496 00 standard 15162 Include asphalt and concrete saw cutting, disposal of asphalt. and restoration Keplace existing 8 -inch resilient wedge gate flanged valve per City standard W-13, and City standard 15100 5,614. 00 _ Replace existing 10 -inch resilient wedge gate flanged valve per City standard W-13, and r 1 City Standard 15100 [J 660.00 Replace all the bolts on an existing 8 -inch resilient wedge gate flanged valve per City �.� standard W-13, and City Standard 15100 with 316L Stainless steel bolts. with Teflon 459 00 coated nuts --_ - ---- it Replace all the bolts on an existing- 12 -inch--- __res-tlient_ wedge-_e�-ggate- t- - flan-- -ged-- valve per - City standard W-13. and City Standard 15100, with 316L Stainless steel bolts, with Teflon 748 00 coated nuts Raise existin_ valve cansto �rade�r City standard detail W-13 Raise existing sewer Iids to grade with grade r ngs per City standard detail 807 — - - - - 1 as; -oo -- 13 Initial of Ccntracto Qualification Response Form - On -Call Maintenance Attachment 1 3. Sub -Contractors The services of subcontractors will comply with all terms and conditions required of the Contractor. 4. Experience and Qualifications • Provide an overview of the company and resources to accomplish the requirements of this RFQ. • List work experience and qualifications of the Superintendent. • List work experience and qualifications of the Foreman. • List work experience and qualifications for equipment operator. • What training and qualifications do you require your equipment operators to maintain? • Provide any other information that may be helpful in evaluating your company's ability to perform the proposed work. • Provide a proposed response time, if different than the required three (3) hour response time, per contract. 5. Standard Rate Sheets Attach Contractors Standard Rate Cost Plus Rate Sheet for all other Equipment, Material, Labor, and Services provided by Contractor 6. Emergencies Provide responses to the following two questions: What will be your procedure to respond to emergency calls? Please see attached Emergency Response Procedure. How will the City contact your company on a 24-hour basis? Our 24 Hours phone number: 562-864-6566 7. Copy of Contractor License Provide a copy of your contractor's license with your Qualification Statement. 8. Copy of IIPP (Illness and Injury Prevention Plan) Can the Contractor provide a copy of its IIPP upon request? (Circle one' Yes r No) 9. General Costs Please indicate the percentage mark-up for subcontract work if applicable: % 1.1 Initial of Contractoq'i�-' DOT BROSM Construction Company COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2017 TO JUNE 30. 2018 PAY STRAIGHT OVER DOUBLE PAY STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME CRAFTSMAN/CLASS CODE TIME TIME TIME CARPENTERS -OPERA TING ENGINEERS General Foreman CGF 10359 14299 18240 General Foreman Appdx A OGF 117.72 160 16 20261 Operating Foreman COF 10632 147 10 187.87 Foreman Appdx A OFM 114.39 155 16 195.93 Foreman CFM 98.58 13549 172.39 Group 1, Appdx. A - Oiler OG1 106.23 142.93 179.62 Journeyman CJM 9358 12798 162.38 Group 2, Appdx A - Oiler OG2 107.53 14488 18222 Shingler CSJ 9379 128.31 16282 Group 8, Appdx A - Universal OG8 111.05 150.16 18926 Apprentice - 8th Penod (90%) CA8 8670 11766 148611 Group 10. Appdx A - Mechanic OGA 111.25 15046 18966 Group 8. Appdx. B - Crane < 25 Tons OB8 111-53 150.88 190 23 MILLWRIGHTS Group 9. Appdx B - Crane > 25 Tons 089 11182 151 31 19080 General Foreman CMG 10442 14424 18407 Apprenbce, Grp 8, Appdx A - Step 6 (90%1 OA6 10323 13842 17362 Foreman CMF 9942 136 74 17406 Journeyman CMJ 9441 12923 164.05 Apprentice - 8t1- Period (95%) CM8 8397 11356 143 16 U.A. P/PEFITTERSIWELDERS CEMENT MASONS INDUSTRIAL Foreman MFM 9461 12589 15716 General Foreman IGF 12962 177.61 22560 Journeyman MJM 8961 11838 147.15 Foreman IFM 12160 165.74 209.88 F&T Machine Oaeralor MTO 9002 11900 147.99 Journeyman - Welder/Fitiet IJM 10957 147.96 186.35 Apprentice - 8th 6 Mos. (90%) MA8 83.85 10975 13564 Industrial Welder III 17 24 15947 20169 LABORERS Apprentice - Fifth Year IA5 8677 11748 148 19 Operator General Foreman LOG 111 50 15394 19639 Operator Foreman LOF 10816 14894 18971 General Foreman LGF 9098 123 17 15535 SHORTLINE (LOCAL 250) Foreman LFM 8932 120.67 152.02 Foreman SFM '18 93 165.21 208.47 Group 1 - Gene,al LG1 81.98 109.66 13734 Journeyman (Welder/Fitter) Sim 12.07 15493 19502 Group 2 - Wrapper To 6" LG2 8289 111.03 13917 Welder Helper SWH 6732 9112 11043 Group 3 - PTO/Wrapper > 6" LG3 83.81 11241 141.01 Group 4 - Pipe layer. C&S LG4 8640 116.29 146,18 Group 5 - Blaster LG5 8698 117 16 14735 Apprentice - 61h Period (85%) LA6 6583 9149 11714 UTILITY Operator Foreman UOF 10691 14768 18846 Foreman UFM 9015 12254 15493 TEAMSTERS Welder UWD 8810 11946 150.83 Operator General Foreman TOG 120.04 16240 20484 Journeyman/Fuser UJM 75.94 10164 127.34 Operator Foreman TOF 116.62 15740 19817 Pipe Tradesman it UP2 5815 7515 92 15 General Foreman TGF 89.44 11662 14380 Foreman TFM 8777 114 11 14046 Group 2 - 2 Axle TG2 8468 10948 134.29 PROJECT MANAGEMENT Group 3 - 3 Axle TG3 8940 10981 134 72 Project Manager MPM 12058 164.95 21302 Group 5 - Workilg Truck Driver TG5 85.27 11036 135.46 Superintendent MSP 12333 165.88 21424 Group 6 - 4 or More Axle TG6 85.32 11044 13556 Project Engineer MPE 83.97 122.89 161 82 Group 9 - Lo-B&I TG9 8648 112.19 13789 Safely Director SAD 118.51 161.17 20939 Group 12 - WTD BoomTrk Cert TBT 8853 11526 14199 Safety Supervisor SAS 105.46 143.74 18561 Subsistence S 125 00/day Travel Time Customer will be advised if travel time is applicable Overtime Rates All hours outside regularly constituted shift shall be time and one half. Saturday is time and one half Sundays and holidays shall be paid at double dme For Opera ing Engineers Laborers. Teamsters, Cement Masons. Electricians - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one hal`: all additional hours at double time including holidays. Emergency "call out work" - Four (4) hour minimum for labor and equipment Markup Material subcontractors, subsistence, and outside rentals (including fuel costs). will be billed cost plus sates lax where applicable plus mark-up of 15% Boundaries of Southern California Cost Plus Rates consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside. San Bernardino Imperial, Ventura. Santa Ewbara, San Luis Obispo. Kern and in addition Richardson Rock, Santa Cruz Island. Arch Rock. San Nicholas Island, Catalina Island San Clemente Island, San Migt a Island. Santa Barbara Island. Santa Rosa Island. Anacapa Island including the Channel Islands Monument Rale Scale does not include San Diego County NOTE: Mage scales are in accordance with all current applicable signatory labor agreements. and are subject to change without notice. This rate sheet is not all inclusive: additional classifications available if required. (v2.0) CA C.L. 273024 11232 E. Firestone Blvd.. Norwalk. CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CALic. 273024 rj,uTY BROS. Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHEIRN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2017 TO JUNE 30, 2018 BACK HOES ID # HourlyRRatoROAD EQUIPMENT Houdv ID 9 AUGER c1189 S 200o CABLE GOLLY -ONE REEL (Tractor MourKedl Rale Accessory- ;CMPACTION WHEEL EXECAVATOR #1181 S 4000 CABLE DOLLY - THREE REEL (Trallor Mounted) S 12 CdS Accessory - COMPACT WHEEL F/CASE-ID #1179 $ 2000 BASHING ARROWBOARD - (4 HR. MIN) 25.00 Accessory - HYDRAULIC BREAKER I CASE B JO #1183 S 50DO GRADER - CAT 140 S 1700 Accessory - HYDRAULIC BREAKER I EXCAVATOR 6000# 01091 $ 95.00 GRINDER I COLD PLANER (SITELLI) HR 9R7791 $ 8363 Accessory - IBRATORY PLATE 91535 S 4000 - (4 MIN ) ROLLER - (RIDE ON) 41187 $ 23200 Accessory- BACK HOE FORKS (4 HR MIN.) x4749901 S 750 ROLLER (WALK BEHIND) - 1 TON VIBRATOR S 29 50 CC -135A RC�WHEEL 91313 S 75 0O ROLLER TRAILER g 2350 CASE 5801.ID 310 $ 4082 STREET SWEEPER 14 HR MIN) S 1200 CASE 590/;7410 $ 42.82 TILT TRAILER #3319 $ 43 13 . O 350 EXChVATOR x:4400 S 12000 TRENCHER TRAILER #6'366 $ 7200 CAT 345 - TRACK MOUNTED 94072 S 14438 UTILITY TRAILER #6481 $ 1200 HITACHI ZX: -0 EXCAVATOR -WHEELED #4188 S 98 13 ZIPPER PAVEMENT GRINDER (PER DAY RATE) 96452 #1800 $ 1200 CAT 416 #4147 $ 38.82 ASPHALT PAVER - LEE BOY 10000 S 375.00 JO 710 S 4682 CEMENT SAW - WALK BEHIND #1196 S 115.63 TRENCHER VERMEER T758 - RIDE ON 04218 $ 29000 WATER WAGON #1938 S 3350 HYDRO EXCAVATOR - MO 12DO S 16000 (PER DAY RATE) #6271 $ 40.00 COMPACTIC4 EQUIPMENT ARROW (HYDRO HAMMER) / STOMPER S 44 50 TRUCKS SHEEPS FOOT - Tow Behind (Vibrating) #1169 S 1650 2-3 TON LUBE TRUCK WACKER TA. -PER #1880 $ 23.50 5 Yard (Flat bed or Bobtad) Dump 12-3 Ton Utility Truck #3450 S t 138 PADFOOT COMPACTOR 66' 41501 S 3294 BACK HOE MOVER TRUCK S 24.63 COMPRESSORS W190 I.B. BREAKER CLAY SPADE 8 TAMPER CEMENT TRUCK w/ mixer and compress# 93338 S 2163 S 5563 COMPRESSOR 125 - 185 CFM S 2150 DUMP TRUCK 10 WHEELER $ 3263 COMPRESSOR - AIR. PORTABLE (PER DAY RATE) #1806 S 106.00 EQUIPMENT TRAILER - 20,000 LB EQUIPMENT TRAILER - 40.000 LB S 400 COMPRESSOR FOR HYDROSTATIC TESTING (PER DAY RATE) S 160 00 FLAT BED Math UFT S 1600 CRANES #369's S 73 63 BOOM TRUC< - 8 TON FLAT BED with MIXER / DUMP #3392 $ 5563 BOOM TRUCK 10 - 71 TON 03647 S 35 63 LOWBED TRAILER w/ tractor 8 move permit tees #3456 $ 46.63 BOOM TRUCK - 14 -19 TON S 5063 LOWSIDE END DUMP TRAILER W/ TRACTOR 03418 $ 4363 BOOM TRUCK S 5463 PICKUP TRUCKS - MISC TOOLS NOT INCLUDED $ 16.E 23 - 25 TON 93308 S 59 63 PICK-UP - RENTAL NUMBER R7700 S CRANE - RT 1 15-18 TON (or equivalent) $ 61 63 SERVICE TRUCK -10 TON - (Incl Compressor, Gen. 8 Tools! 1638 DOZERS! SIDEBOOMS SERVICE TRUCK - MISC TOOLS NOT INCLUDED S 3163 S 1838 DOZER SERVICE VAN - MISC TOOLS NOT INCLUDED $ 1638 JD 4E�) 95078 S 4469 TEST PUMP TRUCK SIDEBOOM CAT O-6 $ 5869 TEST TRAILER (Hyprostatic) (11554 9 8 667 4) #3401 S 8C 63 $ 32 W SIDEBOOM CAT 0 7 0506.,1 $ 676 UTILITY VEHICLE (NON-HWY) SIDEBOOM C A' 561 #5045 S 64 69 VACUUM TRUCK - SOFT DIG (2 YD) 93908 S 2338 S 3S13 SIDESCOM C 4T 572 #5067 S 7969 WATER TRUCK - 0.500 - 2,000 GALS) SIDEBOOM JJ 450 S 4269 WATER TRUCK - (3,500 GALS 1 #3464 $ 35 63 S 40.63 FORKLIFTS 'WINCH TRUCK 93395 S 3063 FORKLIFT - HYSTER 20.000 LB 91203 $ 3582 MISCELLANEOUS FORKLIFT - LION 6.DW LB #1204 S 2382 BOARING MACHINE HYDRAULIC #1521 S 2500 LOADERS BORE MACHINE TRAILER #6447 S 1000 MINI TAP MACHINE (Water lines 3" to 12') (Per Inch I per day) #628 S 3000 SKID ST=ER - DITCH WITCH 91275 S 2782 TAP MACHINE (Water lines up to 2') (Per inch I Per dayi #820 $ 20.00 LOADER •BC3CAT W/ BUCKET 011848 $ 2782 LOADER -BC3CATW/SWEEPER #1184S S 3782 WELDERS LOADER - BC3CAT W/ GRINDER #1184G S 5782 200 AMF - TRUCK MOUNTED RUBBER TIRE LOADER - 544 JD 45086 S 4763 200 AMF, SKID MOUNTED or TRAILER $ 2S 88 $ 1688 RUBBER TIRE LOADER -644 JD #5511 S 58 75 WELDER - RIG RENTAL NUMBER R7704 S RUBBER TIRE LOADER - 930 CAT #5089 5 49.83 WELDER - PORTABLE (PER DAY RATE) 29.88 $ RUBBER TIRE LOADER - 950 CAT 115087 S 60.63 50 00 RUBBER TIRE LOADER - 95CE/F CAT 45099 S 7163 CUTTING TORCH (ACETYLENE) 9926 $ RUBBER TIRE LOADER - 966 CAT 115070 S 6663 1800 SKIPLOADER - CASE 5801 MF 40E / F 445 S 3282 FABRICATION SHOP d EQUIPMENT 0101 S 90 00 DOTY BROS19 Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY '1, 2017 TO JUNE 30, 2018 4a-- Ncvw lu a Uaily Rate MISCELLANEOUS ID 4 Daily Rate ADDITIONAL 111 TORQUE HEAD FOR HYDRAULIC TORQUE WRENCH #3091 S 5C 0(I PIPE CUTTER - RIDGID SOIL #885 S 7500 AIR HOSE 3 4" X 50' 0870 S 800 PIPE CUTTER LINEUP CLAMP 16'-36' #839 S 5000 AIR SAW 0857 $ 5000 PIPE CUTTER LINEUP CLAMP 8"-14' #851 S 2500 AIR TAMPER 0859 S 3500 PIPE LOCATOR 9843 S 2500 ASPHALT SPREADER BAR 01193 It 12500 PIPE LOCATOR - METROTECH #1935 S 40 OC BARRICADES #880 S 250 PIPE PUSHER I GRUNDORAM - HERCULE 91939 S 600 00 BEVELING 3AND 14"-20' 0833 $ 75,00 PIPE TONGS (4" 6". 6- 10'.12- 16-,18- 20") 91936 S 50.00 BEVELING BAND 24"42' 0834 $ 100.00 PIPE ROLLERS (FOR 2' TO 36' PIPE) 9899 S 2q 00 BEVELING BAND 4'-12" 4831 $ 5000 PIPE STANDS (FOR 8" TO 12" PIPE) #900 5 5.00 BEVELING %%CHINE 14'-20' #830 S 75.00 PIPE SKIDS (4" X 6- X 4' LUMBER) 4898 S 1 DO BEVELING MACHINE 24'-42' #831 5 100.00 PIPE WRAPPING MACHINE -HAND HELD-ACCUWRAP It 2'4- WIDTH 91930 S 25 DO BEVELING 'AACHINE 4"-12" 4829 S 42.50 PLASMA CUTTER - PORTABLE 9888 $ 150.1310 BORING M> CHINE - CASE HYDRA 41092 5 160.00 PLYWOOD 113 REPLACEMENT COST #897 $ 300 BORE MOTOR 0854 5 1000 PNEUMATIC.IHYDRAU TORQUE WRENCH 03090 $ 15000 BORING MACHINE 1-1/2'& 1 NA' (Accu -punch? 01178 S 15.00 PORTABLE BAND SAW #8601 $ 3500 BORING MACHINE 4" - 8' (Accu -punch) #1520 $ 25.00 POWER THREADER #853 $ 6500 BORING MACHINE 3-1/2' A7 xu-punch) 91177 $ 2000 PRESSURE WASHER TRAILER MOUNT #6941 S 160.DO BRISTLE BLASTER - ELECTRIC 9427991' S 4800 PUMP - SKID MOUNT BENTONITE 41166 S 10700 BUFFER 6 3RINDER #836 S 2500 PUMP - SUBMERSIBLE 0861 $ 27 00 BUILDER LEVEL - AC -2X NIKON #845 S 2500 RIGID ROLL GROOVER (9873 8 0856) S 3000 CEMENT MIXER $ 4300 RIVET BUSTER / RIPPING GUN #869 S 5000 CHAIN LINK FENCE PANELS #946 S 300 ROCK DRILL (Plus Steel l #805 $ 35.00 CHAIN SAA 16" (INCLUDES BLADES) 9850 S 50 00 ROCK SEPARATOR - GRIZZLY #1811 S 81,00 CHIPPING GUN (Plus Steel) 0668 S 3500 ROTARY HAMMER (Plus Steel) 9852 S 5000 CLAY SPACE (Plus Steell #866 S 3500 SANDBLASTER - UNIT (with accessones) 41175 S ;2500 CLEANING BALL 9890 5 1000 SAWZALL 4874 $ 15.00 COM -A -LONG / CHAIN #886 S 1500 SCISSOR LIFT - TEREX 91285 $ 11500 CONCRETE FINSHER #1823 S 12500 SHORING LUMBER 3"X 12'X 14' (V3 REPLACEMENr COST, 0895 $ 300 CONCRETE VIBRATOR #891 5 4000 SHORING LUMBER 8"X 8" X 8' 11r! REPLACEMENT AST #896 S 300 CONSTRUCTION SIGNS 9882 $ 400 SKILL SAW (INCLUDES BLADES) #835 S 2000 CROSSING °LATES 0878 S 625 TAP MACHINE - T D W ILLIAMSON (UP TO 3"1 #827 $ 10030 CUT OFF / CHOP SAW INCLUDES BLADES) #810 S 5,300 TAR POT N862 $ 50.00 DEAD WEIGHT TESTER S 1-)000 TEST PLUG 4892 S 1000 DELINEATORS 0879 S 250 TEST PUMP 200 LB 400 LB SPRAGUE #1815 S 125 DO DRILL MOTOR 1/2" 9811 S 20.00 TEST PUMP High Pressure 171940 S 125.00 DRILL MOTOR 3/4' 4812 $ 2500 TEST PUMP Portable 20018 IA816 8 4817) 5 80 DO DRY ROD OVEN -PORTABLE 1000 WATT 0806 S 3500 TESTING TABLE 01834 S 6000 DRY ROD O.'EN - PORTABLE - 150 WATT 0843 S 2500 TORQUE WRENCH - HAND - 314' DRIVE U-600 R Ibis #3092 S 400 DUCT ROD 4855 S 3000 TRAFFIC CONES #881 S 250 EMULSION POT SPRAYER $ 5000 TRAILER - JOBSITE STORAGE (MOBILE) 96194 S 2000 FLOOOLIGH- TRIALER (MERCURY VAPOR LIGHTS, 5 12500 TRANSIT - THEOLITE #845C S 3500 FLOW LINER 4841 S 2500 TRENCH BOX - 6'X 10' 01910 S 20000 FUSION MACHINE 14" Macelroy 93096 S 5000 TRENCH BOX - 4'X 10' #1909 $ 13000 FUSION MACHINE 4-12" Maceltoy N3095 S200.00 TRENCH JACK (SCREW) #A77 $ 400 GENERATOR (3 5 - 5 KW) N1807 S 5300 TRENCH JACK (HYDRAULIC) #876 $ 2000 GENERATOR (75 KW) 96280 S 75.00 TRENCHER - VERMEER - WALK BEHIND 91160 S 12500 HEAT TRACER #614 $ 2500 TRI -VISE #884 S 25.00 HEATER 1815 S 2500 ULTRASONIC WALL THICKNESS GAUGEIUTG) S 50.00 HOLIDAY DE-ECTOR 11838 S 2500 VIBRATOR PLATE S 91 00 HYDRAULIC STAR CUTTER #889 $ 10000 WALKIE TALKIES (SET OF 2) #893 $ 2500 HYDROSTAT C TESTING ANALOG PRESSURE GAUGE S 3500 WATER HOSE 1 1/2"X 50' X871 $ 6 DO HYDROSTATIC TESTING ANONOMETER S 2000 WATER HOSE 2112'X50 9872 S 750 HYDROSTATIC TESTING UNIT HTU-500 460137 S 45000 WATER PUMP 2" Portable N1831 $ 53 DO HYDROSTATIC PRESSURE RECORDER S 125.00 WATER PUMP 3' Portable 91632 S 80 DO HYDROSTAT C POWER WASH PUMP S 12000 WEEDEATER 9116 S 5000 HYDROSTAT C TEMPERATURE RECORDER S 12500 WELDING SHIELDS (6' X 10' FRAME) #901 S 5 DO HYDROSTAT C TESTING PUMP (SPRAGUEI S 12000 W ET l DRY VACUUM z4S8WO S 1000 HYDROSTAT C TESTING CERTIFICATION FEE S 15000 WHALERS HYDRAULIC 01894 S 300 00 HYDROTEST EQUIPMENT & TOOLS 9887 $ 1,450.00 WINCH 10 TON (GRUNDO) 06042 $ 30000 IMPACT GUN 1- 71819 S 25.00 IMPACT GUN 1R" $821 $ 15 DO SAFETY AND HAZMAT EQUIPMENT p4jly$are IMPACT GUN 3/4' 4822 S 2000 4 WAY GAS MONITOR 9921 S 2500 IMPACT WRENCH 1 0864 $ 3500 MULTI GAS DETECTOR I PID 9914 S 10500 LADDER 0875 S 10.00 SUPPLIED AIR RESPERATOR KIT #922 S 125.00 LASER LEVEL #8458 S 75 DO ESCAPE AIR PACK #918 S 2500 LEAF BLOWER #824 $ 2500 H2S MONITOR 0920 S 15.00 LIGHT STANC 4849 S 15 DO HAZMAT SUIT - TYVEK #912 S Soo MANHOLE BLOWER WITH HOSE 8" N840 S 43.00 HAZMAT TRAILER #6648 S 20.DO MANHOLE BLDWER WITH HOSE 12" S 55.00 RESPERATOR APR HALFIFULL MASK I CARTRIDGE INCL., #911 S 5.00 PAVEMENT BREAKER I JACKHAMMER 0867 $ 35.00 SCBA - SELF CONTAINED 0916 S 55 DO PIPE BENDER 5" GREENLEE N1885 S 10000 SCBA CYLINDER - EXTRA 0917 S 3500 PIPE BENDER 2" GREENLEE #1886 S 10000 TRIPOD WITH WINCH 0913 S 100.00 PIPE BENDER. MACHINE 6-20" (Plus shoesilre19h1 per day) 01082 5 40000 TWO WINCH RETRIEVAL BOOM 77471990 S 25000 PIPE BENDEF SHOES / 1082 BENDER #1190 S30C 00 WEEKLY P F D - PERSONAL FLOTATION DEVICE #923 $ 5.00 FULL BODY HARNESS #924 S 5.00 P"1d: EXHIBIT "C" SAMPLE TASK ORDER FORM CITY OF SAN JUAN CAPISTRANO TASK ORDER Task Order No. Agreement: On -Call Maintenance & Repair Services Contractor: Doty Bros. Equipment 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 Doty Bros. Equipment Company Dated: 0 61147,02 1 00\3103 9144.2 Dated: EXHIBIT "D" PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano (hereinafter designated as the 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 "City"), by 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 are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money for the payment of which sum well and truly to be made executors, administrators, successors and assigns, jointly presents. as Surety, of the United States of America, we bind ourselves, our heirs, and severally, firmly by these 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 61147.02 1 00\31039144.2 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) (Corporate Seal) Contractor/ Principal M Title Surety By — Title Attorney -in -Fact 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\31039144.2 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, appeared Notary Public, personally 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. Signature of Notary Public WITNESS my hand and official seal. 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 Docun Partner(s) ❑ Limited General Number of Pages Attorney -I n- Fact Trustee(s) Guardian/Conservator Date of Document C Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above 61147.02100\31039144.2