19-0402_DOTY BROS. EQUIPMENT CO._Agenda Report_E12City Council Agenda Report
April 2, 2019
Page 2 of 3
authorized under all agreements would be limited to the approved operating budget
amounts for water, sanitary sewer, and storm drain facilities .
DISCUSSION/ANALYSIS :
Staff issued a request for qualifications (RFQ) for "On-call Water, Storm Drain , and
Sanitary Sewer Maintenance Services" (Attachment 2). The RFQ was posted on the
City's website and in the local newspaper, and was directly solicited to known qualified
contractors. The City received three responses . Staff evaluated the responses for
completeness, insurance, available response time based on distance from the city , the
firms' qualifications based on work experience , the City's past experiences with the
contractors, and costs. Staff found all firms to have acceptable qualifications and
comparable pricing. As a basis for analyzing the cost and qualifications of the three
contractors, a hypothetical 2,407 hours of work at regular labor rates was used as a
metric. The basic cost of labor for the three contractors varies less than 6% from high to
low , and the labor rates are all competitive in the industry . Detailed tabulations are
included as Attachment 3 . The proposals are all in the same cost range, and given the
objective of expedited repair, are acceptable.
It is recommended that the City Council approve one-year maintenance agreements with
all three firms for $45,000 each, which is the individual agreement limit for public works
projects under provisions of the Municipal Code. It is also recommended that the City
Manager be authorized to issue subsequent $45 ,000 agreements for total terms not to
exceed three years and aggregate amounts for all agreements hereunder being limited
to the approved, unencumbered budget amounts available for water, sanitary sewer, and
storm drain maintenance operations . The reason for this City Manager authorization is
that the agreement amounts of $45 ,000 could be exceeded by individual contractors
within less than one year while the other contractors might not be available when needed.
The term extensions by the City Manager would allow the cumbersome RFQ process to
be avoided provided that the contractors are performing well and are willing to extend
their services under the terms of the agreement.
With an impending potential reorganization of the City's utilities, the agreements allow the
flexibility for the City to terminate the agreements with seven days written notice. The City
also is not obligated to issue task orders to any of these contractors during the terms of
the agreements .
FISCAL IMPAC T:
The aggregate amount of the work under these agreements will not exceed the funding
available in the approved , unencumbered budget amounts available for water, sanitary
sewer, and storm drain maintenance operations during the terms of the agreements .
City Council Agenda Report
April 2, 2019
Page 3 of 3
ENVIRONMENTAL IMPACT :
This project is categorically exempt from further review under the California
Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 (c); Class 1
"Existing Facilities." This class is applicable to" ... the operation, repair, maintenance, ... ,
or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond
that existing at the time of the lead agency's determination."
PRIOR CITY COUNCIL REVIEW:
On October 7, 2014, the City Council approved the prior Professional Services
Agreements for On-Call Water, Sewer, and Storm Drain Maintenance Services (Doty
Brothers Construction Company) (W.A. Rasic Construction) (Charles King Company
Inc .).
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• On March 19, 2019, the Utilities Commission reviewed this item and recommended
approval by the City Council.
• On July 22, 2014, the Utilities Commission reviewed the prior Professional Services
Agreements for On-Call Water, Sewer, and Storm Drain Maintenance Services (Doty
Brothers Construction Company) (W.A. Rasic Construction) (Charles King Company
Inc.).
NOTIFICATIONS:
Charles King Company Inc.
Doty Brothers Construction Company
W ,A. Rasic Construction
ATTACHMENTS :
Attachment 1: On Call Maintenance Agreement
Attachment 2 : Request for Qualifications
Attachment 3 : Labor Cost Comparison
2019 ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER MAINTENANCE
AND REPAIR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND ------
1. Parties And Date.
This Agreement is made and entered into this day of .
2019, 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
___ , a with its principal place of business ("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 prov1s1on 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
set forth herein (each such project shall be designated a "Project" under this
Attachment 1, Page 1 of 27
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.
Attachment 1, Page 2 of 27
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 Utili_ties
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
____ the , 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
Attachment 1, Page 3 of 27
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 Di s putes . 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 .
Attachment 1, Page 4 of 27
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 Emolovment. Contractor
represents that it is an equal opportunity employer and it shall not discriminate against
Attachment 1, Page 5 of 27
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 CARS 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
CARS, 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) Liabi lity 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
Attachment 1 , Page 6 of 27
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 Compl iance . 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 AgreemenUlocation 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 '
Attachment 1, Page 7 of 27
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) Add it ional 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 Liab ility. 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
Attachment 1, Page 8 of 27
Contractor's insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2 .11 .2(8), any available
insurance proceeds in excess of the specified minimum limits of coverage shall be
available to the parties required to be named as additional insureds pursuant to this
Section 3.2.11.3(A).
(8) A utomob il e 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(8), any available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as
additional insureds pursuant to this Section 3.2 .11.3(8).
(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 Cove rages. 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 Spec ial Lim itat ions ;
Wa ive r of Subrogati o n. 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
Attachment 1, Page 9 of 27
insureds, and shall require similar written express waivers and insurance clauses from
each of its subcontractors.
3.2.11.5 Deductibles a nd Se lf-Ins u ra nce Retent ions. 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 Insu rance Require ments. 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 Acce ptab ili ty of Insu rers. Insurance is to be placed
with insurers with a current A.M. Best's rating no less than A:Vlll, 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 Repo rtin g of C la im s. 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
Attachment 1, Page 10 of 27
wearing apparel as are necessary or lawfully required to prevent accidents or injuries;
and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13 .1 Performance Bond . Not required .
3 .2 .13.2 Payment Bond . Contractor shall execute and provide
to City concurrently with this Agreement a Payment Bond in the amount of the Total
Compensation indicated in this Agreement, and in the form provided by the City
attached hereto as Exhibit "D". If such bond is required, no payment will be made to
Contractor until it has been received and approved by the City.
3 .2.13.3 Bond Prov isions. 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 AM. Best's
rating no less than A:Vlll 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 Account in g 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
Attachment 1, Page 11 of 27
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 Re imbursement 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 Requ irements.
3 .3.5.1 Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require
the payment of prevailing wage rates and the performance of other requirements on
"public works" and "maintenance" projects . Since the Services are being performed as
part of an applicable "public works" or "maintenance" project, as defined by the
Prevailing Wage Laws, and since the total compensation is $1 ,000 or more, Contractor
agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor
with a copy of the prevailing rates of per diem wages in effect at the commencement of
Attachment 1, Page 12 of 27
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, 177 4 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
Attachment 1, Page 13 of 27
time and without cause by g1v1ng 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 Deliverv 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:
Attn : ----
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 Indemni ty. 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
Attachment 1, Page 14 of 27
officials, officers, employees, subcontractors, if any, consultants or agents in connection
with the performance of the Contractor's Services, the Project, this Agreement, or any
Task Order, including without limitation the payment of all consequential damages,
expert witness fees and attorneys' fees and other related costs and expenses, except
for any claims, demands, causes of action, costs, expenses, liabilities, losses, damage
or injuries arising through the sole negligence or willful misconduct of the City, or its
officials, directors, officers, employees, agents or independent contractors.
3.5 .2 .2 Additional Indemn ity Obligations. Contractor shall
defend, at Contractor's own cost, expense and risk, with counsel selected by Contractor
with the consent of City (which consent shall not be unreasonably withheld), 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 Cla im Compliance. This
Agreement shall be governed by the laws of the State of California. Venue shall be in
Orange County . In addition to any and all contract requirements pertaining to notices of
and requests for compensation or payment for extra work, disputed work, claims and/or
changed conditions, Contractor must comply with the claim procedures set forth in
Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such
Government Code claims and any subsequent lawsuit based upon the Government
Code claims shall be limited to those matters that remain unresolved after all
procedures pertaining to extra work, disputed work, claims, and/or changed conditions
have been followed by Contractor. If no such Government Code claim is submitted, or if
any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against
the City.
Attachment 1, Page 15 of 27
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 ~ustom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries . Except to the extent expressly
provided for in Section 3.5 . 7, there are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
3.5.12 Invalidity: Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Contractor, to solicit or secure this Agreement. Further, Contractor
warrants that it has not paid nor has it agreed to pay any company or person, other than
Attachment 1, Page 16 of 27
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 Coop e ra ti on : Furt her 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 Au th o rity to Ente r Agree me nt. 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 Counte rparts . This Agreement may be signed in counterparts ,
each of which shall constitute an original.
3.5 .18 Entire Ag ree ment. 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]
Attachment 1, Page 17 of 27
2019 ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER MAINTENANCE
AND REPAIR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND ___ _
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the
__ day of , 2019.
CITY OF SAN JUAN CAPISTRANO
Approved By:
Benjamin Siegel
City Manager
Date
Attested By:
Maria Morris, City Clerk
Approved As To Form :
City Attorney
Signature
Name
Title
Date
Attachment 1, Page 18 of 27
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 8) on an hourly
basis:
• Provide Laborers, Teamsters, Operating Engineers, Pipefitters/ Welders,
Utility, Equipment Operators, and Project Management from list (Exhibit 8)
on and hourly basis.
Attachment 1, Page 19 of 27
• 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).
Attachment 1, Page 20 of 27
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
I
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 a.s increased, decreased or
altered .
0. 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 iUfix it" approach that consists of four primary steps:
1. Meet with City staff to discuss the proposed work
Attachment 1, Page 21 of 27
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.
Attachment 1, Page 22 of 27
EXHIBIT "B"
COMPENSATION
r**INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***]
Attachment 1 , Page 23 of 27
EXHIBIT "C"
SAMPLE TASK ORDER FORM
CITY OF SAN JUAN CAPISTRANO
TASK ORDER
Task Order No. ---
Agreement: On-Call Maintenance & Repair Services
Contractor:
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
Dated : Dated : ----------
By : By:
Attachment 1, Page 24 of 27
EXHIBIT "D"
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"}, by
action taken or a resolution passed , 2019, has awarded to hereinafter
designated as the "Principal," a contract for the work described as follows:
On-Call Water, Storm Drain, and Sanitary Sewer Maintenance and Repair Services (the
"Project"); and
WHEREAS , the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated ("Contract Documents"), the
terms and conditions of which are expressly incorporated by reference; and
WHEREAS , said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials ,
provisions, provender , equipment, or other supplies used in , upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the
Surety on this bond will pay for the same to the extent hereinafter set forth .
NOW THEREFORE, we, the Principal and as Surety,
are held and firmly bound unto the City in the penal sum of Forty-Five Thousand Dollars
($45,000) lawful money of the United States of America , for the payment of which sum well and
truly to be made, we bind ourselves , our heirs, executors , administrators, successors and
assigns, jointly and severally , firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon , for or about the performance of the work contracted to be done,
or for any work or labor thereon of any kind, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the contract, or for any amounts
required to be deducted, withheld , and paid over to the Employment Development Department
or Franchise Tax Board from the wages of employees of the contractor and his subcontractors
pursuant to Section 18663 of the Revenue and Taxation Code , with respect to such work and
labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein
above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought
upon this bond .
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in , to, or of any contract, plans , specifications , or agreement
pertaining or relating to any scheme or work of improvement herein above described, or
Attachment 1, Page 25 of 27
Notary Acknowledgment
A notary public or other officer completing thi s cert ific ate
ver ifies only the ident ity of the indi vidual who signed the
docume nt to which this certificate is attached , and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ------
On ________ __,, 2019, before me, --------------' Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
o Individual
o Corporate Officer
o Partner(s)
o Attorney-In-Fact
o Trustee(s)
o Guardian/Conservator
o Other :
Signer is representing:
Title(s)
0
0
Name Of Person(s) Or Entity(ies)
Limited
General
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
Attachment 1, Page 27 of 27
CITY OF SAN JUAN CAPISTRANO
REQUEST FOR QUALIFICATIONS FOR ON-CALL WATER,
STORM DRAIN, AND SANITARY SEWER MAINTENANCE AND
REPAIR SERVICES
REQUEST FOR QUALIFICATIONS (RFQ) POSTING DATE: October 17, 2017
QUALIFICATION STATEMENT SUBMISSION DEADLINE: November 14, 2017, 3:30pm
NOTICE INVITING QUALIFICATION STATEMENTS
NOTICE IS HEREBY GIVEN that the City of San Juan Capistrano ("City") invites and
will receive sealed Qualification Statements up to but not later than the submission
deadline above, at the office of the Utilities Department, City of San Juan Capistrano,
located at 32450 Paseo Adelanto, San Juan Capistrano, California, for the furnishing to
City of all labor, equipment, materials, tools, services, transportation, utilities, and all
other items necessary for On-Call Water, Storm Drain, and Sanitary Sewer
Maintenance and Repair Services (the "Project"). Qualification Statements will be
available for review at City Offices, 30 days after the submission deadline. Qualification
Statements received after said time shall be returned unopened. Qualification
Statements and included pricing shall be valid for a period of 14 months after the
Qualification Statement submission deadline .
The successful Contractor shall be required to conduct the work in acco~dance with the
ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER MAINTENANCE AND
REPAIR SERVICES AGREEMENT ("Agreement"), including without limitation the
"Standard Specifications," referenced in Section 2.2 of the Agreement. A copy of the
Agreement is attached hereto as Attachment 2 and incorporated herein by this
reference.
Qualification Statements must be submitted on the City's forms, which are attached
hereto as Attachment 1 and made a part of this RFQ . The City's Forms are also
available on the City website. Envelopes containing the Qualification Statements
(Three originals, and, electronic format in Adobe pdf.) must be marked "On-Call
Water, Storm Drain, and Sanitary Sewer Maintenance and Repair Services," and the
envelope must show the Contractor's name and address. Envelopes must be sealed
and addressed to :
City of San Juan Capistrano Utilities Division
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Noreen Swiontek, Senior Management Analyst
Attachmen.t 2, Page 1 of 28
Any Qualification Statements received after the established closing date and time will
not be accepted and will be returned to the Contractor unopened. Postmarks will not
validate submissions that arrive after the cut-off time listed above . Faxed or electronic
submissions will not be accepted.
Questions regarding this RFQ may be directed to Noreen Swiontek, Senior
Management Analyst at 949-487-4307 or email at nswiontek@sanjuancapistrano .org .
No other members of the City's staff or City Council should be contacted about this
procurement during the RFQ process. Any and all inquiries and comments regarding
this RFQ must be communicated in writing, unless otherwise instructed by the City. The
City may, in its sole discretion, disqualify any Contractor who engages in any prohibited
communications.
Be advised that all information contained in Qualification Statements submitted in
response to this RFQ may be subject to the California Public Records Act
(Government Code Section 6250 et seq .), and the information's use and disclosure are
governed by this Act.
EXAMINATION OF REQUIREMENTS
It is the responsibility of each prospective Contractor to download and print the RFQ
package for review and to verify the completeness of the RFQ package before
submitting a Qualification Statement. Any Addenda will be posted on the City of San
Juan Capistrano's website: http://sanjuancapistrano .org/Departments/City-Clerk/Public-
Construction -Bids -Requests -for-Bids -RFQs . It is the responsibility of each prospective
Contractor to check the City Website on a daily basis through the close of the period for
receiving Qualification Statements for any applicable addenda or updates. The City
does not assume any liability or responsibility based on any defective or incomplete
copying, excerpting, scanning, faxing, downloading or printing of the RFQ package.
Information on the City website may change without notice to prospective Contractors.
Failure to acknowledge addenda may make a Qualification Statement nonresponsive
and not eligible for award of the contract.
Each Contractor must carefully examine the requirements contained herein and
specified in the sample Agreement, attached as Attachment 2 . Upon receipt of
responses hereunder, each Contractor shall be thoroughly familiar with all requirements
contained herein . The failure or omission to examine any form or document shall in no
way relieve a Contractor from any obligation in respect to this Qualification Statement
as submitted. Any misinterpretation of the requirements is solely of the responsibility of
the Contractor.
Attachment 2, Page 2 of 28
PREPARATION OF QUALIFICATION STATEMENTS
Each Qualification Statement must be submitted on the "Qualification Response
Documents" (Attachment 1 l.
A. Qualification Statements shall only be prepared using copies of the forms included
as Attachment 1. The use of substitute forms other than clear and correct
photocopies of those provided by the City will not be permitted . Qualification
Statements shall be executed by an authorized signatory . In addition , Contractors
shall fill in all blank spaces (including inserting "N/A" where applicable), and initial all
interlineations , alterations, or erasures to the forms. In the section entitled "Proposal
Submissions Forms," the Contractor shall fill in the values for the equipment,
material, or labor which it can offer. If the Contractor does not have said equipment,
material, or labor -place N/A in the blank. Contractors shall not delete, modify, or
supplement the printed matter on the forms or make substitutions thereon. USE OF
BLACK OR BLUE INK, INDELIBLE PENCIL , OR A TYPEWRITER IS REQUIRED .
Deviations in the forms submitted may result in the Qualification Statement being
deemed non -responsive .
B. Unauthorized additions, modifications , revisions, conditions, limitations, exclusions
or provisions attached to a Qualification Statement may render it non-responsive
and may cause its rejection. Contractors shall not delete, modify, or supplement the
printed matter on the City's forms, or make substitutions thereon. Oral, telephonic
and electronic modifications will not be considered.
C. All pricing is to include and cover all taxes, the performing of all labor requisite or
proper, and the providing of all necessary machinery, tools, apparatus , construction
equipment, and other means of repair to properly perform the tasks per the
Agreement.
D. Each Contractor shall submit a statement of experience and list of equipment owned
or operated over which they have immediate access to for the purpose of filling any
and all contractual obligations.
E. The Contractor must submit a copy of their Safety and Injury and Illness Prevention
Programs (llPP) prior to award of a contract.
ADDENDA AND INTERPRETATION
No interpretation of the meaning of the RFQ package will be made to any Contractor
orally. Every request for such interpretation must be in writing and must be received at
least seven (7) days prior to the Qualification Statement submission deadline. Requests
for interpretation may be emailed to nsw iontek@sanjuancapistrano.org . The City may
determine, in its sole discretion, whether an addendum warrants postponement of the
Qualification Statement submission deadline. Each prospective Contractor shall
Attachment 2, Page 3 of 28
provide the City a name, address, and email address, telephone number to contact the
Contractor. Any and all such interpretations and any supplemental instructions will be in
the form of written addenda which, if issued, will be posted on the City Website no later
than five (5) calendar days prior to the Qualification Statement submission deadline.
Addenda required later than five (5) calendar days prior to the Qualification Statement
submission deadline may cause a postponement in the submission deadline date.
Failure of any Contractor to receive any such addendum or interpretation shall not
relieve such Contractor from any obligation under the Qualification Statement as
submitted. All addenda so issued shall become part of the specifications and contract
documents . The Contractor shall indicate the Addenda received in the space provided
in the Qualification Response Form . Failure to indicate all Addenda may be sufficient
cause for rejecting the Qualification Statement as nonresponsive.
OPENING OF QUALIFICATIONS
City Staff will within 30 days of the Qualification Statement submission deadline review
the submitted Qualification Statements; analyze the qualifications and cost data
submitted in order to select qualified Contractors ; after which point copies of submitted
Qualification Statements will be made available for inspection. The City will I.eave
unopened any Qualification Statement received after Qualification Statement
submission deadline, and any such unopened Qualification Statement will be returned
to the Contractor. It is the Contractor's sole responsibility to ensure that its Qualification
Statement is received as specified. Qualification Statements may be submitted earlier
than the date(s) and time(s) indicated .
EXCEPTIONS CERTIFICATION TO THIS RFQ
In submitting a Qualification Statement in response to this RFQ, Contractor is certifying
that it takes no exceptions to this RFQ including, but not limited to, the Agreement. If
any exceptions are taken, such exceptions must be clearly noted in the Qualification
Statement and may be reason for rejection of the Qualification Statement. As such,
Contractor is directed to carefully review the proposed Agreement and, in particular, the
insurance and indemnification provisions therein .
AWARD OF CONTRACT
The award of the contract will be made to the Contractor(s) who's Qualification
Statement(s) demonstrates that the Contractor(s) will best meet the needs of the City
and will provide services at a fair and reasonable price as determined by the City in its
sole discretion. Once all Qualification Statements are opened and reviewed, the City
may award the contract(s). It is the City's intention to award contracts to two or more
Contractors, so as to have at least one Contractor with personnel and equipment
availability for any particular maintenance or repair task.
The successful Contractor(s) will enter into a contract with the City incorporating all
prescribed requirements and conditions of this RFQ on the Agreement form attached
Attachment 2, Page 4 of 28
hereto as Attachment 2. If a successful Contractor refuses or fails to execute the
contract, the City may consider the next qualified Contractor.
DISCRETION TO AWARD
The City shall be the sole judge as to the successful Contractor. The City reserves the
right to reject any or all Qualification Statements submitted in response to this RFQ and
to waive any informality or irregularity in this RFQ or in responses, to negotiate with all
qualified Contractors, or to cancel, in part or in its entirety, this RFQ, in the best interest
of the City. This RFQ does not commit the City to award a contract, or to procure or
contract for services or goods. Prospective Contractors shall be solely responsible for
and the City shall have no obligation in any manner for Qualification Statement
preparation, interview, fee negotiation or other marketing costs associated with this
RFQ.
EXECUTION OF CONTRACT
The City will mail a Notice of Award of Contract, enclosing the Agreement and any other
associated forms to the successful Contractor or Contractors. The Agreement, or a
facsimile of it shall be signed unaltered by the successful Contractor or Contractors and
returned with a copy of the Contractor's City of San Juan Capistrano's business license,
required certificates of insurance and endorsements, and llPP plan within ten (10)
working days after the Contractor or Contractors receives the Notice of Award of
Contract.
PRE QUALIFICATION MEETING
The City will not conduct a pre-qualification meeting.
FILING OF PROTESTS
Contractors may file a "protest" of a Qualification Statement with the City's Assistant
Utilities Director. In order for a Contractor's protest to be considered valid, the protest
must:
A. Be filed in writing within five (5) calendar days after the Qualification Statement
submission deadline;
B. Clearly identify the specific irregularity or accusation;
C. Clearly identify the specific City staff determination or recommendation being
protested;
D. Specify in detail the grounds for protest and the facts supporting the protest; and
E. Include all relevant , supporting documentation with the protest at time of filing.
Attachment 2, Page 5 of 28
If the protest does not comply with each of these requirements, the City may reject the
protest without further review.
If the protest is timely and complies with the above requirements, the City's Assistant
Utilities Director or other designated City staff member shall review the protest, any
response from the challenged Contractor(s}, and all other relevant information. The
Utilities and Public Works Director will provide a written decision to the protester.
The procedure and time limits set forth in this section are mandatory and are the sole
and exclusive remedy in the event of a protest. Failure to comply with these procedures
shall constitute a failure to exhaust administrative remedies and a waiver of any right to
further pursue the protest, including filing a Government Code Claim or legal
proceedings.
GENERAL TERMS AND CONDITIONS
The draft Agreement (Attachment 2) contains the terms and conditions of the contract
between the successful Contractor(s) and the City . The Contractor must comply with all
the terms of the Agreement (Attachment 2). It is incumbent on the Contractor to read
and understand the entire Agreement prior to submitting a proposal. No modifications
to this Agreement will be made. The Contractor's attention is especially drawn to the
following sections :
A. Section 3.2.10 .5 regarding Equal Opportunity Employment.
B. Section 3.3.5 regarding Prevailing Wages.
C . Section 3.3.6 regarding Registration with the Department of Industrial Relations of
both itself, and any subcontractors.
D. Section 3.5 .2 regarding Indemnification .
E. Section 3.2.11 regarding Insurance , which the Contractor will have to provide prior to
issuance of the signed Agreement.
F. Section 3.4 regarding Termination .
G. Section 3.3.9 regarding Disputes .
H. Section 3.3 regarding Fees and Payment.
I. Section 3.2 .13 regarding Bonds.
Attachment 2, Page 6 of 28
SCOPE OF WORK
A. The Services are to be provided on an "as needed and when requested" basis and
include, but are not limited to, the repairs of water, storm drain, and sanitary sewer
mains, sanitary sewer structures, water service laterals, fire hydrants, water valves,
water meters, air valves, blow-offs, force and gravity mains, etc. 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. Examples of the work are
listed in Attachment 1, the Qualifications Response Form, pages 7 -11; and in
Attachment 2, Exhibit "A" of the Agreement.
B. The work required during regular working hours, work after hours, or on weekends
requires a response on site within four (4) hours. If there is an emergency, the
Contractor will be expected to respond and be onsite 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 Agreement (Attachment 2). 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 agencies within jurisdiction as required .
E. In the event that a conflict or contradiction is discovered between the Qualification
Statement or the provisions set forth in the body of the RFQ and the City's
Agreement, the City's Agreement shall prevail.
REQUIREMENTS
A. Work will ordinarily be performed between the hours of 7:00 AM and 6:00 PM,
Monday through Friday. Dependent upon the nature of the 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 .
B. 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 work scheduling at all times. Contractor shall be able to
verbally respond to work requests within one (1) hour of notification by City.
Attachment 2, Page 7 of 28
C . Contractor will be required to supply a list of equipment owned and available for
work.
D. Contractor will be required to supply a list of references for similar work performed .
E. Contractor may be required to supply additional experience references if requested
by City.
F. Contractor shall provide City with required proof of liability insurance, workman's
compensation insurance, vehicle insurance, and City business license as noted in
the contract.
G. Hourly rates and unit prices quoted shall include all labor, equipment, transportation,
cleanup, disposal, insurance, taxes and any other costs.
H. Hourly rates and unit prices quoted shall include all safety equipment required .
Traffic control may be required on some sites , and shall be included in quoted
prices.
I. Hourly rates for work shall be for actual time spent on the job site . No travel time will
be paid.
J. Contractor shall protect any and all private property adjacent to work areas. Any
damage to private property resulting directly or indirectly from Contractor's actions
shall be the responsibility of the Contractor.
K. All employees of Contractor shall wear a uniform or shirt that clearly identifies the
company.
L. All employees of Contractor shall wear colored safety vests as required by OSHA
whenever working in City streets, or within ten (10) feet of City streets.
M. Contractor must be able to provide a list of employee's names , dates worked and
hours worked on each date if requested by the City.
PERSONNEL
The Contractor shall use and furnish all labor necessary for the satisfactory
performance for the work set forth in this contract.
EQUIPMENT
A. Contractor shall display the name of his firm on any vehicles used by the
Contractor's employees to carry supplies and equipment. The firm name shall be in
letters large enough to be easily legible from a distance of thirty (30) feet.
Attachment 2, Page 8 of 28
B. All equipment used by the Contractor shall be kept in a neat and clean appearance,
maintained in top mechanical condition and properly adjusted, from an operational
standpoint and from a safety standpoint.
C. During the work, the City will provide a staging and nearby storage area for
equipment. Upon completion of the work, the Contractor must remove equipment, to
a private storage facility . Equipment shall not be stored in the public right of way, or
City property .
MATERIALS
A. The Contractor shall furnish all material and equipment necessary for the
performance of the work set forth in this contract.
B. The City at its discretion may provide materials necessary for the performance of the
work set forth in this contract.
C. During the work, the City will provide a staging and nearby storage area for
materials. Upon completion of the work, the Contractor must remove material to a
private storage facility. After completion of the work, material shall not be stored in
the public right of way, or City property.
SUPERVISION
A. The Contractor shall provide such adequate supervision as to furnish continuous
surveillance of workmanship and adherence to schedules by the laborers performing
the work under contract.
B. The Contractor shall submit such reports as the City may require insuring
compliance with scheduled work.
C. The Contractor's field supervisor shall be onsite while work is in progress.
TELEPHONE SERVICE AND EMERGENCY NUMBERS
A. 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.
B. Contractor is required to maintain operations facilities within a fifty-five (55) mile
travel distance of the City . Contractor is further required to provide City with a
twenty-four (24) hour emergency number for contact outside normal working hours.
Attachment 2, Page 9 of 28
EMERGENCY MEDICAL FACILITY
A. The Contractor is required to designate a twenty-four (24) hour emergency medical
facility to provide emergency medical treatmenUcare in the event of injury to any of
the Contractor's employees. It will be the responsibility of the Contractor's crew
supervisor/lead worker to transport or make arrangements for the transportation of
any injured employee to and from the designated emergency medical facility or any
similar medical facility . The successful Contractor must provide the City with one (1)
copy of the "Proposer Emergency Medical Facility Designation and Procedure
Sheet" before a contract is awarded.
AUTHORIZATION OF WORK
A. Work will not be performed without prior approval and only as authorized by a City
representative . The selective repairs and/or emergency Repair approach should be
performed using a "find iUfix it" approach that consists of four primary steps:
1. Meet with City staff to discuss the proposed work
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
Should an emergency condition exist that does not make steps two (2) through four
(4) possible, then City Staff shall authorize the work based on a field meeting. Work
will be tracked from daily time and materials sheets; that must be presented and
signed by a City representative . Contractor shall submit invoice for the work within 3
weeks of completion .
AL TERA TIONS
A. 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.
ACCEPTANCE OF WORK DONE
A. The City representative will make inspections and determine that the work has been
completed in all respects in accordance with these specifications .
Attachment 2, Page 1 O of 28
BILLING FORM
A. Contractor shall provide a billing form and progress payment form approved by the
City.
METHOD OF WORK
A. The Contractor shall verify, that the USA Mark out has been fully conducted to
identify the location of all utilities prior to construction and shall be held liable for all
damages incurred due to his operations.
B. The Contractor shall provide storm drain pollution protection per the City NPDES
Program. See Agreement Section 3.2 .10.7 regarding Water Quality.
Attachments:
1. Qualification Documents
2. Sample Agreement
Attachment 2, Page 11 of 28
CONTRACTOR'S STATEMENT OF EXPERIENCE, FINANCIAL CONDITION, AND
REFERENCES
1. Company's years of experience in similar construction work:
The following outline is a record of the undersigned Contractor's experience in the
performance of at least three (3) projects (projects must be most recent comparable
projects) of a type similar, in magnitude and character, to that contemplated under the
RFQ. Include the location of each project as well as the name, address, and phone
number of the owner, and name of the individual to contact.
Owner's Name :
Contact Person :
Address of Owner:
Phone:
Project Description :
Amount of Contract:
Owner's Name:
Contact Person :
Address of Owner:
Phone :
Project Description :
Amount of Contract:
Owner's Name :
Contact Person :
Address of Owner:
Phone :
Project Description :
Amount of Contract:
2. As a part of this section, submit a signed financial statement, financial data, or other
information that would provide an appraisal of your company's financial condition.
Attachment 2, Page 13 of 28
3. Company's Reference :
The following outline is a record of the undersigned Contractor's references in
construction of a type similar, in magnitude and character, to that contemplated under
the RFQ. Please include at least three references that can be verified.
Reference Company:
Contact Person :
Phone :
Project Description :
Amount of Contract:
Reference Company:
Contact Person :
Phone :
Project Description :
Amount of Contract:
Reference Company:
Contact Person :
Phone:
Project Description :
Amount of Contract:
Attachment 2, Page 14 of 28
CONTRACTOR'S SUBCONTRACTORS
1. List the name and address of each key subcontractor who the Contractor anticipates
will perform work in or about the work or improvement, or who will specifically fabricate
and install a portion of the work.
Subcontractor (a):
I Name I Address
P_ortion of Work
License
Subcontractor (b):
I Name I Address
P_ortion of Work
License
Subcontractor (c):
I Name I Address
P_ortion of Work
License
Subcontractor (d):
I Name I Address
P_ortion of Work
License
Subcontractor (e):
I Name Address
P_ortion of Work
License
Attachment 2, Page 15 of 28
2. For each subcontractor listed under section 1 above, provide the following
information concerning years and examples of experience of each subcontractor's
present organization in similar work; please provide two examples of work completed in
last three years:
Name
Years of Experience
Date of Completion of Jobs
Name of Owner for Job #1
Address of Job #1
Name of Owner for Job #2
Address of Job #2
Name
Years of Experience
Date of Completion of Jobs
Name of Owner for Job #1
Address of Job #1
Name of Owner for Job #2
Address of Job #2
Name
Years of Experience
Date of Completion of Jobs
Name of Owner for Job #1
Address of Job #1
Name of Owner for Job #2
Address of Job #2
Name
Years of Experience
Date of Completion of Jobs
Name of Owner for Job #1
Address of Job #1
Name of Owner for Job #2
Address of Job #2
Name
Years of Experience
Date of Completion of Jobs
Name of Owner for Job #1
Address of Job #1
Name of Owner for Job #2
Address of Job #2
Attachment 2, Page 16 of 28
SPECIFIC INSTRUCTIONS TO CONTRACTORS
SUBMITTING QUALIFICATION STATEMENTS:
CONTRACTORS are advised that:
The Contractor shall prepare its response to the RFQ on this Qualification Response
Form.
Award, if made, could be made to several Contractors with any combination of the types
of work specified, and offered by the Contractor.
All work shall be conducted by a Contractor which has demonstrated its successful
experience in the performance of comparable work.
In the column marked overhead and profit, note either "Included" if the overhead and
profit is included in the rates listed on these forms, or state a percentage.
Contractors must attach a copy of their standard "Cost Plus Rate" sheets showing their
standard rates and charges for labor and material plus mark up.
Attachment 2, Page 17 of 28
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. Equ i pment/ Ma t erials
Equipment (Make/Model) Mobilization/ Rate ($/hour, Overhead & Profit as a
Description Demobilization day, or unit) Percentage
Cost
Large
Excavator
Large excavator 43,000 -50,000 lbs. with-out operator; John Deere 200D or equivalent. ($/day)
Small
Excavator
Small excavator 25,000 -29,000 lbs. with-out operator; John Deere 120D or equivalent. ($/day)
Mini
Excavator
Mini excavator 14,000 -18,000 lbs. with-out operator; Takeuchi TB175 or equivalent. ($/day)
Back Hoe-1
Loader
Backhoe loader, 60 -90 Hp, 4WD Extended, with-out operator. ($/day)
Back Hoe I Breaker
Hydraulic backhoe breaker, 1,500 Ft -lbs. impact energy. ($/day)
Truck w/ J
Flatbed Trailer
Truck to deliver above equipment to drop off equipment, and pickup to return to contractor's storage
with-out driver. ($/round-trip.)
Dump Truck J
5CY
Dump truck, 5 yard capacity, 56,000 lbs. gross vehicle weight, with-out driver. ($/day)
Dump Truck J
10 CY
Dump truck, 10 yard capacity, 56,000 lbs. gross vehicle weight, with-out driver. ($/day)
Compaction J
Roller I
1.5 Ton double drum smooth, Wacker Model RD12A (or equal), with-out operator. ($/day)
If overhead and profit are included in the rates, state "Included" otherwise state the
percentage added in the final bill.
Attachment 2, Page 18 of 28
2. Labor
Contractors Prevailing
Classification Wage Hourly Overtime Double time OH&P Mark-Up
Classification on Rate Sheet Rate 1 % x Rate 2x Rate in Percent
LABORERS
Operator General Foreman
Operator Foreman
General Foreman
Foreman
Grouo 1 -General
Grouo 2 -Chute Man
Grouo 3 -Pioeline
Grouo 4 -Pioe Laver
Group 5 -Blaster/ Welder
Apprentice em Period
TEAMSTERS
Operator General Foreman
Operator Foreman
General Foreman
Foreman
Gro. 2 -2 Axle
Gro. 3 - 3 Axle
Gro. 5-WorkinQ Truck Driver
Gro. 6 - 4 or More Axle
Grp. 9 -Lo-Bed
Gro. 12-WTD Boom Truck Cert
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.
Contractor Name
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Attachment 2, Page 20 of 28
Contractors Prevailing
Classification Wage Hourly Overtime Double time OH&P Mark-Up
Classification on Rate Sheet Rate 1 % x Rate 2x Rate in Percent
OPERATING ENGINEERS
General Foreman, Appdx. A
Foreman, Appdx. A
Group 1, Aoodx. A-Oiler
Group 2 , Appdx. A-Oiler
Group 8, Aoodx. A-Universal
Group 10, Aoodx. A-Mechanic
Group 8, Appdx. B-Crane< 25 Tons
Apprentice, Grp 6, Appdx A • Step 6
(90%)
PIPEFITTERS/ WELDERS -
INDUSTRIAL
General Foreman
Foreman
Journeyman -Welder/Fitter
Industrial Welder
Apprentice -Fifth Year
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.
Contractor Name
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Attachment 2, Page 21 of 28
Contractors Prevailing
Classification Wage Hourly Overtime Double Time OH&P Mark-Up
Classification on Rate Sheet Rate 1 Yz x Rate 2x Rate in Percent
UTILITY
Operator Foreman
Foreman
Welder
Journeyman/Fuser
Pipe Tradesman II
Eauioment Ooerator
-Large Excavator
-Small Excavator
-Mini Excavator
-Back Hoe Loader
-Truck
-Dump Truck
-Compaction Roller
PROJECT MANAGEMENT
Project Manager
Superintendent
Project Engineer
Safety Director
Safety Supervisor
NOTE: For any classification not applicable , please note with NIA. If overhead and profit are included in the rates, state
"Included" otherwise state the percentage added in the final bill.
Contractor Name
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Attachment 2, Page 22 of 28
Fixed Lump Sum Work:
Note: Prices for Lump Sum Fixed work to include all labor, material, and overhead and profit.
Note, unless noted otherwise: 1) All pipeline at standard depth or 5-foot to top of
pipe. 2) All pricing to include pricing for traffic control per MUTCD, on 25 mph Rate Regular Time
residential streets. 3) Asphalt pavement to be restored per City Standard 700.
Replace 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
replacement of 4-foot x 6-foot concrete sidewalk.
Replace 2" Service line per City Standard W-2, with a service line length of 30 feet.
Include saw cutting, disposal, and restoration of asphalt and concrete. Include
replacement of 4-foot x 6-foot concrete sidewalk.
Replace Residential Fire Hydrant line per City Standard W-6, with a service line length of
30 feet. Include asphalt and concrete saw cutting, disposal of asphalt, and restoration .
Replace Residential Fire Hydrant burry section , riser, and hydrant per City Standard W-
6. Include concrete saw cutting, disposal, and restoration.
Replace Commercial Fire Hydrant line per City Standard W-7, with a service line length
of 30 feet. Include asphalt and concrete saw cutting, disposal of asphalt, and
restoration .
Replace Commercial Fire Hydrant burry section, riser, and hydrant per City Standard W-
7. Include concrete saw cutting, disposal, and restoration .
Pothole with maximum 8-inch diameter penetration in asphalt to top of pipe with vacuum
excavation utilizing either air or water pressure to break up the soil and a vacuum device
to collect the spoil to a depth of 8-foot to top of pipe . Backfill pothole with 3-sack slurry
to pavement. Temporarily restore asphalt pavement with cold mix.
Install City provided 20-inch long Ford F1 repair clamp on 6 to 12 inch pipeline, at a
depth to top of pipe at 6-foot. Include asphalt and concrete saw cutting, disposal of
asphalt, and restoration .
Attachment 2 , Page 23 of 28
Note: Prices for Lump Sum Fixed work to include all labor, material, and Overhead and Profit.
Note, unless noted otherwise: 1) All pipeline at standard depth or 5-foot to top of
pipe. 2) All pricing to include pricing for traffic control per MUTCD, on 25 mph Rate Regular Time
residential streets. 3) Asphalt pavement to be restored per City Standard 700.
Install City provided 20-inch long Ford F1 repair clamp on 6 to 12 inch pipeline, at a
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
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
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
standard 15162. Include asphalt and concrete saw cutting, disposal of asphalt, and
restoration .
Replace existing 8-inch resilient wedge gate flanged valve per City standard W-13, and
City Standard 15100.
Replace existing 10-inch resilient wedge gate flanged valve per City standard W-13, and
City Standard 15100.
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
coated nuts.
Replace all the bolts on an existing 12-inch resilient wedge gate flanged valve per City
standard W-13 , and City Standard 15100; with 316L Stainless steel bolts, with Teflon
coated nuts.
Raise existing valve cans to grade per City standard detail W-13
Raise existing sewer lids to grade with grade rings per City standard detail 807
Attachment 2, Page 24 of 28
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:
(i) What will be your procedure to respond to emerge ncy calls?
(ii) How will the City contact your company on a 24-hour basis?
7. Copy of Contractor License
Provide a copy of your contractor's license with your Qualification Statement.
8. Copy of llPP (Illness and Injury Prevention Plan)
Can the Contractor provide a copy of its llPP upon request? (Circle one: Yes I No)
9. General Costs
Please indicate the percentage mark-up for subcontract work if applicable: %
Attachment 2, Page 25 of 28
The undersigned agrees that this Qualification Statement constitutes a firm offer to the
City which cannot be withdrawn for the number of calendar days indicated in the RFQ
from and after the Qualification Statement submission deadline, or until a contract for
the work is fully executed by the City and the Contractor, whichever is earlier.
Contractor has examined copies of the RFQ package, including the following Addenda
(receipt of which is hereby acknowledged):
Number -------Date ________ _
Number -------Date ________ _
Number -------Date ________ _
Number ------Date ________ _
If the contract is awarded, the undersigned agrees to enter into a contract with the City
on the Agreement form attached to the RFQ and to commence work within fifteen (15)
calendar days from the date of execution thereof. It is anticipated that the date to
commence work shall be December 1, 2017 .
It is understood that the City reserves the right to increase or decrease the frequency of
any item or portion of the work or to omit portions of the work as may be deemed
necessary by the Public Works and Utilities Director. It is also understood by Contractor
that the City has the right to reject this Qualification Statement or to award contract to
the undersigned at the prices stipulated.
Signature of Contractor:
Name
Signature
Company Name
Attachment 2, Page 26 of 28
Non-Collusion Declaration
The undersigned declares :
I am the of _____________ , the party
making the foregoing Qualification Statement.
The Qualification Statement is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation.
The Qualification Statement is genuine and not collusive or sham. The Contractor has
not directly or indirectly induced or solicited any other Contractor to put in a false or
sham response. The Contractor has not directly or indirectly colluded, conspired,
connived, or agreed with any Contractor or anyone else to put in a sham response, or to
refrain from responding. The Contractor has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the pricing set
forth in the Qualification Statement of the Contractor or any other Contractor, or to fix
any overhead, profit, or cost element of the Qualification Statement pricing, or of that of
any other Contractor. All statements contained in the Qualification Statement are true.
The Contractor has not, directly or indirectly, submitted his or her Qualification
Statement or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, to any corporation, partnership, company, association,
organization, response depository, or to any member or agent thereof to effectuate a
collusive or sham response, and has not paid, and will not pay, any person or entity for
such purpose.
Any person executing this declaration on behalf of a Contractor that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the Contractor.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on [date],
at [city], [state].
Name of Contractor -------------
Signature _______________ _
Name ------------------
Title ------------------
Attachment 2, Page 27 of 28
CITY OF SAN JUAN CAPISTRANO
ON-CALL WATER, STORM DRAIN, AND SANITARY SEWER MAINTENANCE
AND REPAIR SERVICES AGREEMENT, NOVEMBER 2017
1. Parties And Date.
This Agreement is made and entered into this day of ,
2017, 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
[***INSERT NAME***], a [***[INSERT TYPE OF ENTITY -CORPORATION,
PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its
principal place of business at [***INSERT ADDRESS***] ("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 prov1s1on 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
set forth herein (each such project shall be designated a "Project" under this
Attachment 2, Page 28 of 28
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City of San Juan Capistrano
RFQ COMPARISON Labor Rates
OH&P Mark up
Description Qty Unit
Operator General Foreman 10 $/hr
Operator Foreman 10 $/hr
General Foreman 10 $/hr
Foreman 20 $/hr
Group 1 -General 40 $/hr
Group 2 -Chute Man 40 $/hr
Group 3 -Pipeline 120 $/hr
Group 4 -Pipe Layer 10 $/hr
Group 5 -Blaster/ Welder 40 $/hr
Apprentice 6th Period 80 $/hr
Operator General Foreman 30 $/hr
Operator Foreman 60 $/hr
General Foreman 120 $/hr
Foreman 120 $/hr
Grp. 2 -2 Axle 80 $/hr
Grp . 3 - 3 Axle 40 $/hr
Grp. 5-Working Truck Driver 40 $/hr
Grp. 6 - 4 or More Axle 20 $/hr
Grp . 9 -Lo-Bed 20 $/hr
Grp . 12-WfD Boom Truck Cert 20 $/hr
General Foreman, Appdx. A 30 $/hr
Foreman, Appdx. A 60 $/hr
Group 1, Appdx. A-Oiler 20 $/hr
Group 2, Appdx. A-Oiler 2 $/hr
Group 8, Appdx. A-Universal 120 $/hr
Group 10, Appdx. A-Mechanic 40 $/hr
Group 8, Appdx. B-Crane< 25
Tons 20 $/hr
Apprentice, Grp 6, Appdx A• Step
6 (90%) BO $/hr
Charles King
1.00
Reguala Cost
r $/Hr Extension
115.00 1,150.00
115.00 1.150.00
115 .00 1,150.00
115.00 2 ,300 .00
95.00 3 ,800.00
82.89 3 ,315.60
83.81 10 ,057.20
105.00 1,050.00
86 .98 3.479.20
65.83 5,266.40
120.04 3 ,601.20
116.62 6 ,997.20
89.44 10 ,732.80
87.77 10 ,532.40
84.68 6 ,774.40
89.40 3 ,576 .00
95.00 3,800.00
85.32 1,706.40
86 .48 1,729.60
88.53 1,770.60
117.72 3,531.60
114.39 6,863.40
106.23 2.124 .60
107.53 215 .06
115.00 13 ,800 .00
111.25 4.450 .00
111.53 2,230.60
103.23 8 ,258.40
Doty Bros. WA Rasic
1.00 1.00
Average
Unit Cost Unit Cost Cost
Price Extension Price Extension Extension
111.50 1 .. 115.00 116.05 1,160.50 1, 141.83
108.16 1,081.60 112.84 1,128.40 1, 120.00
90 .98 909 .80 88 .49 884.90 981 .57
89 .32 1,786.40 86.88 1.737.60 1,941.33
81.98 3,279.20 79.82 3 , 192.80 3.424.00
82.89 3,315.60 80.70 3,228.00 . 3,286.40
83.81 10 ,057.20 81.58 9.789.60 9,968.00
86.40 864 .00 84 .07 840.70 918 .23
86 .98 3.479.20 84 .64 3 ,385 .60 3.448 .00
65.83 5.266.40 63.91 5 , 112.80 5 ,215.20
120.04 3 ,601.20 116.05 3,481.50 3,561.30
116.62 6.997.20 112.84 6 ,770.40 6,921.60
89.44 10 ,732.80 88.49 10 ,618.80 10 ,694.80
87.77 10,532.40 85 .80 10 ,296.00 10.453 .60
84.68 6.774.40 82.83 6 ,626.40 6 ,725.07
89.40 3 ,576.00 83.04 3,321.60 3 ,491.20
85.27 3,410.80 83.39 3 ,335.60 3,515.47
.85.32 1,706.40 83.44 1,668.80 1,693.87
86.48 1,729.60 84.57 1,691 .40 1,716 .87
88.53 1,770.60 114.99 2 ,299.80 1,947.00
117.72 3.531.60 116.05 3.481.50 3,514.90
114.39 6.863.40 112.84 6 ,770.40 6,832.40
106 .23 2,124.60 104.99 2 ,099.80 2 ,116.33
107.53 215.06 106.24 212.48 214.20
111.05 13 ,326.00 109.63 13 .155.60 13.427.20
111.25 4,450.00 109.82 4 .392.80 4.430.93
111.53 2,230.60 110.09 2,201.80 2,221.00
103.23 8 ,258.40 101 .94 8,155.20 8 ,224 .00
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City of San Juan Capistrano
RFQ COMPARISON Labor Rates
OH&P Mark up
Description Qty Unit
General Foreman 20 $/hr
Foreman 80 $/hr
Journeyman -Welder/Fitter 40 $/hr
Industrial Welder 40 $/hr
Apprentice -Fifth Year 80 $/hr
Operator Foreman 120 $/hr
Foreman 80 $/hr
Welder 40 $/hr
Journeyman/Fuser 20 $/hr
Pipe Tradesman II 120 $/hr
-Large Excavator 80 $/hr
-Small Excavator 40 $/hr
-Mini Excavator 40 $/hr
-Back Hoe Loader 80 $/hr
-Truck 120 $/hr
-Dump Truck 40 $/hr
-Compaction Roller 40 $/hr
Project Manager 5 $/hr
Superintendent 5 $/hr
Project Engineer 5 $/hr
Safety Director 5 $/hr
Safety Supervisor 5 $/hr
Calculated Total 2407
$/hour Regular Time Labor
% deviation from average
Charles King
1.00
Reguala Cost
r $/Hr Extension
129.62 2,592.40
121.60 9,728.00
150.00 6 ,000 .00
117.24 4 ,689 .60
86 .77 6 ,941.60
106.91 12,829.20
90.15 7 ,212.00
115.49 4 ,619 .60
111.44 2 ,228 .80
111.44 13 ,372 .80
115.00 9 ,200.00
115.00 4 ,600.00
115.00 4 .600.00
115.00 9 ,200 .00
115.00 13 ,800.00
115.00 4 ,600 .00
115.00 4 ,600 .00
125.00 625 .00
125.00 625 .00
100.00 500.00
85.00 425.00
85.00 425.00
$248,826.66
$103 .38
3.49%
Doty Bros. W.A. Rasic
1.00 1.00
Average
Unit Cost Unit Cost Cost
Price Extension Price Extension Extension
129.62 2 ,592.40 116.05 2.321.00 2,501.93
121.60 9,728.00 118.16 9,452.80 9,636.27
109.57 4 ,382.80 108.89 4 ,355 .60 4,912.80
117.24 4 ,689 .60 106.58 4,263.20 4 ,547 .47
86.77 6 ,941.60 84.37 6 ,749.60 6 ,877.60
106.91 12 ,829.20 112.84 13 ,540.80 13 ,066.40
90.15 7,212.00 86.88 6 ,950.40 7 ,124.80
88.10 3 .. 524.00 115.49 4 ,619.60 4 ,254 .40
75.94 1,518.80 111.44 2 ,228 .80 1,992.13
58.15 6,978.00 111.44 13,372.80 11 ,241.20
115 .00 9 ,200.00 109.63 8.770.40 9,056.80
115 .00 4,600.00 109.63 4 ,385.20 4,528.40
115 .00 4.600 .00 109.63 4 ,385 .20 4 ,528.40
115 .00 9,200 .00 109.63 8,770 .40 9 ,056 .80
115 .00 13,800.00 83.39 10 ,006.80 12 ,535.60
115 .00 4.600.00 83.39 3 ,335.60 4 ,178.53
115.00 4 ,600.00 109.63 4 ,385.20 4,528.40
120.58 602.90 126.47 632.35 620.08
123.33 616 .65 139 .01 695.05 645.57
83.97 419.85 85.48 427.40 449 .08
118 .51 592.55 126.47 632.35 549.97
105.46 527.30 85.46 427.30 459.87
$236,741.11 $235,748.63 240.438 .80
$98 .36 $97.94
-1.54% -1.95%