Loading...
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 ?; ll> 0 :::T 3 CD ~ ....... w "U ll> co CD ....>. 0 -I\.) Class en 0::: UJ 0::: 0 co :5 en 0::: UJ t--en ~ ~ t-- (.!)en z 0::: -UJ ~~ UJ (.!) a.. z 0 UJ 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 ~ ll> 0 ::T 3 CD ::::> .-+ w "U ll> co CD "' 0 -"' Class -.. C/J I -(jj ~ .ig ~ Q) ....... iE ""O (/) Q) -:J a. Q) ""O ·-~ c: 0... - ~ '.:j i= :::I .... c: L.. Q) 0 E ro a. L.. ·-Q) :J a. Jf O c Q) t5 E <II <II "e' ~ 0... c: !ti :::2?: 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%