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14-1007_DOTY BROS. CONSTRUCTION COMPANY_Personal Services Agreement
PERSONAL SERVICES AGREE7TEUT M THIS AGREEMENT is made, entered into, and shall become effective this . day of �° , 2014, by and between the City of City of San Juan Capistrano (hereinafter referred to as the "City") and Doty Bros. Construction Company (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City has on an unscheduled and irregular basis failures or damage to its water, sewer, and storm drain systems which require immediate repair to prevent loss of service, or prevent further damage to property; and, WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to Provide On -Call Water SanitarV Sewer, and Storm Drain Maintenance Repair, and Replacements Services; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall be determined by the need at the time of an event. The work selected will be taken from those equipment and labor options as set forth in Exhibit "A," described as the Contractor's Labor and Equipment Rates Schedules; attached and incorporated herein by reference. The procedures for requesting the services of the Contractor will be as described in Exhibit "B," described as the General Terms and Conditions. The Contractor agrees to perform the work as needed, when needed, for as long as needed, with no guarantee that its services will be employed in the course of the Agreement. To the extent that there are any conflicts between the provisions described in Exhibit "A," Exhibit "B" and the provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Terra. This Agreement shall commence on the effective date and shall terminate, no later than three and one-half years after the effective date unless the City and the Contractor agree to extend the contract. Section 3. Compensation. RN 10 '"TIO,ro- row am '. The total amount of work offered in this contract is not to exceed $120,000 per year without an amendment.. 1 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros. Construction Company 3.11 Labor and Equipment The City agrees to pay the Contractor for Labor and Equipment used, based on rates quoted in Exhibit "A." These labor and equipment rates are all inclusive of all costs of providing these services, and the City will not pay any additional markup or charges. The City may augment the Contractors forces with its own, and may choose to direct the work with its own supervisors. The Contractor will not receive any additional compensation in this event. 3.12 Materials and Hardware The City agrees to pay the Contractor for any materials and or hardware purchased by the contractor, on behalf of the City, based on the invoice of the Material Supplier plus 15%. This percentage covers all costs of the Contractor related to the purchasing and delivery of materials or hardware. The City may have on site, or may purchase and deliver to the site materials and hardware for the Contractors use. In this event the Contractor will not receive any additional compensation for this material or hardware provided by the City. 3.13 Sub -Contractors, Second Contractors If the City determines that the services of a specialty Sub -Contractor are required, the City and the Contractor will agree on the scope and the work before the Sub -Contractor is used. If a Sub --Contractor is used, the City agrees to pay the Contractor for any Sub -Contractor work, materials and or hardware used by the Sub -Contractor, on behalf of the City, based on the invoice of the Sub -Contractor plus 15%. This percentage covers all costs of the Contractor rated to the use of any Sub -Contractor materials or hardware. The City may have a Sub -Contractor or Second Contractor on site to work on the job. In this event the Contractor will work with the Sub-Contrator or Second Contractors but will not receive any additional compensation for the labor, equipment, material, or hardware provided by the City's Sub -Contractor, or Second Contractor. 3.14 Additional markups. The City will NOT pay the contractor any additional markup for handling, overhead, management, office administration, profit, taxes, insurance, fuel, maintenance, storage or other expenses; as they are considered to be covered by the above terms. 3.15 Travel and Assembly Time. The City and the Contractor will agree on the on the length of travel time allowable for each event based on the timing and circumstances of the event requiring the services of the Contractor. 3.16 Work by Management Personnel. Project Management Personnel working as Forman, Operating Engineers, Teamsters, or Laborers will be paid as such. 2 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros. Construction Company '1 -:1 • � 1 Notwithstanding the payment terms of this Agreement, the City will NOT pay the contractor the cost of fines, penalties or other costs resulting from the Contractors failure to obey applicable laws in the execution of its assigned work, 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit invoices within a month or completion of any work based on total services which have been satisfactorily completed for such monthly period. The City will make payments based on approved invoices in accordance with this Section, within 30 days of submission. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. 3.4 Inflation Adjustments. One year after the effective date of the Agreement, the amounts given on Exhibit'A," the Contractor's Labor and Equipment Rates Schedules will be adjusted for inflation based on the change in the California Consumer Price Index at the end of each year the Agreement is in force. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. 3 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL. REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros. Construction Company Section 7. 'Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it is familiar with the work to be performed and the manner with which it proceeds; (2) it is familiar with the conditions which it may expect to encounter, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed underthis Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11, [RESERVEDI. Section 12. [RESERVED]. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. 4 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros. Construction Company This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. 4n or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. The Contractor's insurance will cover its Sub -Contractors. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the terra of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. 5 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros. Construction Company The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancel lationlTermination of Insurance. The above policylpolicies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Nlaaten, Public Works and Utilities Director To Contractor: Doty Bros. Construction Company 11232 E. Firestone Blvd. Norwalk, CA 90650 Section 17. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with 6 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros. Construction Company the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., .including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Counter arts and Facsimile signatures. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. Section 21. Non -Exclusive Agreement The agreement is Non -Exclusive. And, the City reserves the right to issue a similar of identical Agreement to this Agreement, to two or more Contractors. [SIGNATURE PAGE FOLLOWS] 7 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros, Construction Company IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: Hans VanLigten, City Attorney CITY OF SANJUAN CAPISTRANO By: Sa .All vato —Mayor CONTRACTOR Ac 8 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros. Construction Company N By: Sam Allevato — Mayor -2 Maria Morris, City Clerk Uffivi ja _090wi 07,11myUgeTfTly Hans VanLigten, City Attorney 21 ,—Vice President 8 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros. Construction Company 10/7/2014 City of San TO: Karen P. Brust, CP Mr l FROM: Keith Van Der Maaten, 7E., ublic Works and Utilities Director Prepared by: Eric Bauman, P.E., Utilities Engineer DATE: October 7, 2014 �; SUBJECT: Consideration of Personal Services Agreements for Water, Sewer, and Storm Drain Maintenance Services (Doty Bros. Construction Company) (W.A. Rasic Construction) (Charles King Company, Inc.); and, Ratification of Emergency Purchase Authorization of Pipeline Repairs RECOMMENDATION: By motion: 1. Approve Personal Services Agreements with Doty Bros. Construction, W.A. Rasic Construction, and Charles King Company, to provide water, sewer, and storm drain maintenance services for a three-year term in an amount not to exceed $120,000 per year per contractor for a total amount not to exceed $360,000 per year; and, 2. Ratify the Emergency Purchase Authorizations for W.A. Rasic Construction in the amount of $11,199.96 for pipeline repairs. EXECUTIVE SUMMARY: The City relies on contractors to perform emergency maintenance work or to augment City personnel when several water main and/or water service breaks occur in a short time frame or the size of the job is larger than can be handled by the City's available personnel and equipment. The water, sewer, and storm drain maintenance services include replacement and repairs to sections of pipes, fittings, services, valves, and hydrants. Staff recommends entering into Personal Services Agreements with Doty Bros. Construction Company, W.A. Rasic Construction, and Charles King Company, Inc. to provide water, sewer, and storm drain repair maintenance services for a three-year term in an annual amount not to exceed $120,000 per year per contractor for a total amount not to exceed $360,000 per year (Attachment 1). Entering into Agreements with three separate contractors will allow staff the flexibility to select the right crews and equipment based on the availability of a contractor to respond to an emergency. Staff further recommends that City Council ratify the Emergency Purchase Authorizations for W.A. Rasic Construction in the amount of $11,199.96 for water City Council Agenda Report October 7, 2014 Page 2 of 4 pipeline repairs at Cerro Rebal and Via Ramona and at 28181 Las Brisas (Attachment 3). DISCUSS ION/ANALYS IS: As is typical with every water system, water main and service breaks routinely occur and are addressed as part of the maintenance responsibilities of the water service provider. The frequency of the occurrences depend on many factors including the age of the water system, soil conditions, type of pipe material, the presence of tree roots, earth displacement, or vandalism. Repairs to the water system to address pipe or service leaks are done as emergency maintenance with the response time and effort reflecting the severity of the leak. The City's utilities maintenance crews have the personnel and equipment to respond to many of the pipeline or service leaks; however, in the case where several events have occurred in a short time frame or the size of the job is larger than can be handled by the City's available personnel and equipment, the City relies on contractors to perform the emergency maintenance work or to augment City personnel. Contractors must be able to mobilize quickly to provide the additional personnel and equipment in order to avoid long term impacts to the public or other costs to the City. In addition to the ability to respond to water main and water service breaks, contractors are occasionally needed to address needed repairs to storm drain systems and/or sewer infrastructure and to augment staff resources when the emergency maintenance work is greater than staff is able to respond to in a timely manner. Staff posted in the newspaper and directly solicited proposals for providing water, sewer, and storm drain maintenance services on May 29, 2014. On ,lune 12, 2014, six proposals from the firms listed below were received. The proposals were evaluated 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. As the basis for analyzing the cost proposals, a 9 -hour overtime shift was used as the labor component because it is the most significant cost item, and a 9 -hour overtime shift is the most likely scenario under which the contractors would be used. The following is the summary of the costs from each proposal for this scenario (Attachment 4): Contractor Mike Prlich & Sons Charles King Company W.A. Rasic Construction Doty Brothers GCI Construction, Inc. T.E. Roberts, Inc. Proposed Cost (for 9 -hours of overtime work $3,528.00 $3,933.36 $4,194.90 $4,283.10 $4,337.28 $5,123.43 All proposals were complete, included the appropriate insurance, and were within 60 miles of the City. Differences between the firms were then decided based on cost, City Council Agenda Report October 7, 2014 Page 3 of 4 experience with the work involved, and the City's past experience. The City has not had any experience with Mike Prlich & Sons, but has had satisfactory performance with the remainder. Mike Prlich & Sons was removed from the list because the predominance of the experience in their portfolio was in sewer whereas the predominance of the City's need is for water line maintenance work. GCI Construction, Inc. and T.E. Roberts, Inc. rates were notably higher than the remaining three contractors. Therefore staff recommends using Charles King Company, W.A. Rasic Construction, and Doty Bros. Construction. ENVIRONMENTAL IMPACT Not applicable. FISCAL IMPACT: The total amount of the Agreements will not exceed $120,000 per year per contractor and will not exceed $360,000 per year combined. There is sufficient funding in the Fiscal Year 2014-2015 and 2015-2016 Operating budget for these Agreements. See Attachment 2, for a list of the funds available to cover the cost of this work. The emergency work performed under these agreements isnot optional or deferrable; it is work that must be done to avoid impacts to the public, loss of service, or other costs to the City. The contractor is not guaranteed any work in the course of the contract. In the event that the contractor is needed, it will be paid according to their equipment and labor rate sheet attached as Exhibit A to each of the Personal Services Agreements. These labor and equipment rates are all inclusive of all costs of providing services (itemized for each type of equipment and labor class/craft), and the City will not pay any additional markup or charges. The City may augment the Contractors forces with its own, and may choose to direct the work with its own supervisors. The Contractor will not receive any additional compensation in this event. PRIOR CITY COUNCIL REVIEW: Not applicable. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: The Utilities Commission reviewed this item at its meeting on July 22, 2014, and recommended the City Council approve the Agreements. City Council Agenda Report October 7, 2014 Page 4 of 4 NOTIFICATION: Doty Bros. Construction Company W.A. Rasic Construction Charles King Company, Inc. Mike Prlich & Sons T.E. Roberts, Inc. GCI Construction, Inc. ATTACHMENT(Si: Attachment 1 - Personal Services Agreements for Doty Bros. Construction Company, W.A. Rasic Construction, and, Charles King Company Attachment 2 - Budget accounts available for emergency work Attachment 3 - List of W.A. Rasic Construction invoices for emergency work performed Attachment 4 - Evaluation of Proposal Costs based on 9 -hours of Overtime Work �a. � en A. - j. ■v THIS AGREEMENT is made, entered into, and shall become effective this day of , 2014, by and between the City of City of San Juan Capistrano (hereinafter referred to as the "City") and Doty Bros, Construction Company (hereinafter referred to as the "Contractor"), RECITALS: WHEREAS, City has on an unscheduled and irregular basis failures or damage to its water, sewer, and storm drain systems which require immediate repairto prevent loss of service, or prevent further damage to property; and, WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to Provide On -Call Water Sanita Sewer, and Storm Drain Maintenance Repair, and Replacements Services; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall be determined by the need at the time of an event. The work selected will be taken from those equipment and labor options as set forth in Exhibit "A," described as the Contractor's Labor and Equipment Rates Schedules; attached and incorporated herein by reference. The procedures for requesting the services of the Contractor will be as described in Exhibit "B," described as the General Terms and Conditions. The Contractor agrees to perform the work as needed, when needed, for as long as needed, with no guarantee that its services will be employed in the course of the Agreement. To the extent that there are any conflicts between the provisions described in Exhibit 'A," Exhibit "B" and the provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Terra. This Agreement shall commence on the effective date and shall terminate, no later than three years after the effective date unless the City and the Contractor agree to extend the contract. Section 3. Compensation. 3,1 Amount. The total amount of work offered in this contract is not to exceed $120,000 per year without an amendment. 1 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros, Construction Company ATTACHMENT 1 3.11 Labor and Equipment The City agrees to pay the Contractor for Labor and Equipment used, based on rates quoted in Exhibit "A." These labor and equipment rates are all inclusive of all costs of providing these services, and the City will not pay any additional markup or charges. The City may augment the Contractors forces with its own, and may choose to direct the work with its own supervisors. The Contractor will not receive any additional compensation in this event. 3.12 Materials and Hardware The City agrees to pay the Contractor for any materials and or hardware purchased by the contractor, on behalf of the City, based on the invoice of the Material Supplier plus 15%. This percentage covers all costs of the Contractor related to the purchasing and delivery of materials or hardware. The City may have on site, or may purchase and deliver to the site materials and hardware for the Contractors use. In this event the Contractor will not receive any additional compensation for this material or hardware provided by the City. 3.13 Sub -Contractors, Second Contractors If the City determines that the services of a specialty Sub -Contractor are required, the City and the Contractor will agree on the scope and the work before the Sub -Contractor is used. If a Sub -Contractor is used, the City agrees to pay the Contractor for any Sub -Contractor work, materials and or hardware used by the Sub -Contractor, on behalf of the City, based on the invoice of the Sub -Contractor plus 15%. This percentage covers all costs of the Contractor rated to the use of any Sub -Contractor materials or hardware. The City may have a Sub -Contractor or Second Contractor on site to work on the job. In this event the Contractor will work with the Sub-Contrator or Second Contractors but will not receive any additional compensation for the labor, equipment, material, or hardware provided by the City's Sub -Contractor, or Second Contractor. 3.14. Additional Markups. The City will NOT pay the contractor any additional markup for handling, overhead, management, office administration, profit, taxes, insurance, fuel, maintenance, storage or other expenses; as they are considered to be covered by the above terms. 3.15 Travel and Assembly Time. The City and the Contractor will agree on the on the length of travel time allowable for each event based on the timing and circumstances of the event requiring the services of the Contractor. 3.16 Work by Management Personnel. Project Management Personnel working as Forman, Operating Engineers, Teamsters, or Laborers will be paid as such. 2 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros. Construction Company 3.17 Fines and Penalties. Notwithstanding the payment terms of this Agreement, the City will NOT pay the contractor the cost of fines, penalties or other costs resulting from the Contractors failure to obey applicable laws in the execution of its assigned work, 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit invoices within a month or completion of any work based on total services which have been satisfactorily completed for such monthly period. The City will make payments based on approved Invoices in accordance with this Section, within 30 days of submission. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. 3.4 Inflation Adjustments. One year after the effective date of the Agreement, the amounts given on Exhibit "A," the Contractor's Labor and Equipment Rates Schedules will be adjusted for inflation based on the change in the California Consumer Price Index at the end of each year the Agreement is in force. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assi nment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. 3 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros. Construction Company By executing this Agreement, Contractor warrants that: (1) it is familiar with the work to be performed and the manner with which it proceeds; (2) it is familiar with the conditions which it may expect to encounter, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. [RESERVED]. Section 12.. [RESERVED]. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and bold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. 4 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, ANIS REPLACEMENT AGREEMENT; Doty Bros. Construction Company This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. The Contractor's insurance will cover its Sub -Contractors. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Priorto beginning anywork under this Agreement, Contractor shall submitthe insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. 5 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros. Construction Company The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten, Public Works and Utilities Director To.Contractor: Doty Bros. Construction Company 11232 E. Firestone Blvd. Norwalk, CA 90650 Section 17. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with 6 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; Doty Bros. Construction Company the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire A reement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Counterparts and Facsimile signatures. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures maybe transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. Section 21. Non -Exclusive Agreement The agreement is Non -Exclusive. And, the City reserves the right to issue a similar of identical Agreement to this Agreement, to two or more Contractors. [SIGNATURE PAGE FOLLOWS] 7 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT, Doty Bros. Construction Company IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Sam Allevato — Mayor CONTRACTOR ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Naas Vanl_igten, 6t7yAttorney 8 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL. REPAIR, AND REPLACEMENT AGREEMENT; By: Sam Allevato — Mayor By: Mat— Cycr�il) Christy, President Maria Morris, City Clerk ME, Hans Vani-Igton, City Attomey 8 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT; 00'YU BRO20 Con,structienno Compang COST PLUS RATES E: SOUTHERN CALIFORMA cosT PLus P.ATEs eFrEcTivE j i 2ou yo mE 3o 2#,,s CRAR&MWMASS PA4Y CODE &nMWff WE OVER DOWLE nAw ME PAY SIPAMWOVM 004&�Lt CODE 7WE TWE nmr- CARPMEM Germml Famnm CGF 11C38 132.96 169,04 FD"W, A QGf: 106,57 oparaft Foreman Cor 92-12 126-76 1fis.41 F-SnM'6 AFP. A orm 144,w 183.20 Fommah OFF 80M 12A.66 Ift94 t3rMp 1, App&. A - 0�hr OGI MV 159.88 176.62 Journeyman Gim 84.38 117.15 149,93 Cmuup 2, Appdx. A - OODr 002 95.08 127.64 160.21 SWnqlar OW 64-59 117.48 150,36 &-p fl, App4x• A UnIveEW am 96.W 120,60 102.81 Appmn�m - ft Pedad {90%) GAS 77-82 107.-32 iasn G -4p 10, App&. A -Marra OGA -%-2D 134,97 169.85 IC"D 135-17 170.25 MXOMOM G -P S. 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OAS LG4 79-24 iW.63 134.01 Journwirrafffunr UWD UjM 82-81 111-W 141,49 Gmup 5 - obstr LM 79.82 107.50 I35,14 Pipe- T 11 UFS 7UZ W23 110.60 Apprw%ce -1 PWmd (85%) LAO 60.83 84.38 147.135 SCM 70M OB -84 ELW7' jNS0-- %WWMEV oftft'lubkta to prqwt fomt1cm a emplayw have W=tfoa) T6w3TfRa opsFator Cvwww pmeaw TOG 107.30 146,53 leass Faramn Fawmn EGF 11424 1-re'91 ISO.% Operatfx Fomtron TOP IMM 140-153 177,16 Jaumayrnert EFM ID7.08 145-28 1s3,48 Genarm Fonsym TGF SZ20 108,13 133,07 AppmIke - IM pee4d (efi%) EJM 9-79 133,e4 167,go Foretann TFM W161 105.63 130.rA 00,69 1115,W 145.03 Group 2.2 AWP T02 77-53 101.00 124.47 GycW 3 - 3 Me T 77.75 101-32 124 90 'PWIt -mmm" 152.M Grmp 5 -Working Truck Dr "r TG5 n-11 101.87 125,83 sullwin P 197.24 Group 6 - 4 or Mae A.,ft TGO 78.1(3 401-96 12533 prolm Emm- MP E 114,19 77.75 163,59 198.37 Group 9 - Lo8ed TG9 ?RM 103.70 128.07 'SaftV or SAO 113.79 149,e3 Carr W 12 - VVTD JIb=Trk Cort TOT 81-36 106-78 132-17 Safoiy Sur 106,73 14923 153.19 SAS 97,05 133-09 171.8e 11232 E. Firestone Blvd., Naywalk, CA 90650 Phone; (562) 864-6566 Fax: (562) 864-6052 wwwAotybros.coln CA Ljo- 273024 SOUTHERN CALIFORNIA r�rs�atssxun: rtr - -Rate 10 ftriv Re% AUGER 41189 $ 20.00 Acamspory- COMPACTION WHEEL FXECAVATOR 91181 S 40.00 Accesemry- COMPACT WHEEL FICASE4D 01179 $ 20.00 Acoeseory- HYDRAULIC BREAKER /CASE a JD #1183 $ 50,00 Awosacry- VIBRATORY PLATE &1595 $ 40,00 Accessary - BACK Hoe WORKS (4: HR MIN.) #474 01 $ 7.5D CC -135A ROCKWHEEL 41313 $ 75,00 CASE 5$10 /JD 310 12.00 $ 40.82 CASE 580 UTILITYTRAILER $ 42.82 CAT 360 -TRACK MOUNTED 940M $ 114.38 CAT 345 - TRACK MOUNTED #4072 $ 144.38 HITACH12X20 EXCAVATOR -WHEELED #4188 $ 98.13 CAT 416 #4147 $ 38.82 JD 710 17.38 $ 46.62 TRENCHER - VERMEER 7758 - RIDE ON #4218 $ 145.00 COMPACTION EQUIMENT ARROW (HYDRO HAMMER)1 STOMPER #3338 $ $ 44.W SHEEPS FOOT Fc7O' - Tow Behind (Vlbro*V) #116a $ 18.50 WACKERTAMPER 41860 $ 2SM PADFOOT'COMP OR M' #1501 $ 32.84 GA,4�1 CLAY SPAgE do Tp44��. 68.83 LAW BED TRAILER W1 tMctUr & rye permR fees X58 $ COMPRESSOR 125- 185 CFM LC7WSIDE END DUMP TRAILER W/ TRACTOR $ 21.50 COMPRESSOR -AIR, PORTABLE (MR DAY RATE) #1808 $ 106.00 CIES 16.38 SERVICE TRUCK -10 TON - (incl. Compresaor, Caen, & Togs) $ BOOM TRUCK - 8 TON #3847 $ 35.63 BOOM TRUCK - 10 -11 TON $ $ 50.63 BOOM TRUCK - 14 TON 80,63 $ 54.63 BOOM TRUCK 23 - 25 TON #330S $ 59.83 CRANE - RTI 15.18 TON (or squivelent) #3808 $ $ 61,63 D2._-....1.mPZ1Q S 35.63 WATER TRUCK - (3,600 GALS.) #43464 $ DOZER JD 450 X78 $ 44.89 SIDEBOOM CAT D -P 91521 $ 58.80 SIDEBOOM CAT 0.7 #5063 $ 87.89 SIDEBOOM CAT 561 #5045 $ 64.69 SIDEBOOM CAT 572 0=7 $ 79.69 SIDEBOOM JD 450 $ 42.69 FORKLIFTS FORKLIFT- HYSTER 20,000 LB #1209 $ 35.82 FORKLIFT - LION 6,000 LS 01204 $ 23.52 LOA MINI SKID STEER - DITCH WITCH #1275 $ 27.82 LOADER - BOBCAT W/ BUCKET 411848 $ 27.82 LOADER - BOBCAT" W1 SWEEPER 411845 $ 37.82 LOADER - BOBCAT W/GRINDER 91184e $ 57.82 RUBBER TIRE LOADER .544 JD #5088 $ 47.69 RUBBER TIRE LOADER -$44 JD 115511 $ 58.75 RfJBBER TIRE LOADER -M CAT fSM $ 48.63 RUBBER TIRE LOADER - SW GAT #5437 S 50.63 RUBBER TIRE LOADER -9WVF CAT #5099 $ 71.53 RUBBER TIRE LOADER -MCAT #5070 $ 68.$3 SKIPLOADER - CASE 580 / MF 40E / F 445 ffi 32.82 r�rs�atssxun: rtr - -Rate IPA Houam CABLE DOLLY - ONE REEL (7raffor Mcwrded) $ 12.00 CABLEDOLLY- THREEREEL(Traflor Mounted) $ 25,00 FLASHING ARROWBDARD - (4 HR. MIN.) $ 17.00 GRADER - CAT 140 #87791 $ &3.63 GRINDER (COLD PLANER (BITELLI) - (4 HR. MIN,) M IST $ 282.00 ROLLER - (FIDE CSN) $ 286 ROLLER (WALK BEHIND) -1 TCN VIBRATOR $ 23,550 ROLLER TRAILER $ 12.00 STREET'SWEEPER (4HR,MIN.) MIS $ 43.13 TILTTRA€LER #83W $ 12.00 TRENCHER TRAILER #8481 S 1201 UTILITYTRAILER #84.92 $ 12.00 ZIPPER PAVEMENT GRINDER (PER DAY TE) 01800 $ 376.00 ASPHALT PAVER - LEE BOY 1 DODD #1196 $ 115,63 CEMENT SAW -WALK BEHIND #13338 $ 33.50 WATER WAGON (PER DAY RATE) #8271 $ 40.00 M=KS 2-'J TON LUBE TRUCK #3450 ffi 17.38 5 Yard (Flat bed or Bobtail) Dump/ 2-3 Ton UtI tyTruck $ 24.63 BACK HOE MOVER TRUCK $ 21.63 CEMENTTRUCKw/rnfxerandsotnpressor #3338 $ 55,53 DUMPTRUCK 10WHEELER $ 32.83 EQUIPMENT TRAILER -20,000 LE $ 14.00 EQUIPMENT TRAILER -40,000 LS $ 16,00 FLAT BED vdh LIFT 03W3 $ 23.63 FLAT BED vAh MIXER I DUMP #3392 5 68.83 LAW BED TRAILER W1 tMctUr & rye permR fees X58 $ 45,53 LC7WSIDE END DUMP TRAILER W/ TRACTOR 43416 $ 43.63 PICKUP "€'RUCKS - MISC. TOOLS NOT INCLUDrD $ 16.38 PICK-UP - RENTALNUMBER R7700 $ 16.38 SERVICE TRUCK -10 TON - (incl. Compresaor, Caen, & Togs) $ 32.83 SERVICE TRUCK - AMSC TOOLS NOT INCLUDED $ 18,38 SERVICE VAN - MISC TOOLS NOT INCLUDED $ 16.88 TESTPUMPTRUCK #3401 $ 80,63 TEST TRAILER (HyprosrWk) (#6549 & 6874) $ 82.00 UTILITYVEHICLE (NON-HWY) $ 23.3B VACUUM TRUCK - SOFT M #3808 $ 39.13 WATER TRUCK - (1,500 - 2,10 GALS-) S 35.63 WATER TRUCK - (3,600 GALS.) #43464 $ 40.88 WINCH TRUCK #3M5 $ 30.63 02OLLANU� BOARINCMACHINE HYDRAULEC 91521 BORE MACHINE TRAILER 964447 $ 10.00 TAP MACHINE (Wster tines x to 12") (Per inch 1 per day) 4828 $ 30.10 TAP MACHINE (Water €Ines up M 2") (Per Inch I Par aey) 4920 $ 20,00 MLORAS 200 AMF -TRUCK MOUNTED 200 AMF, SKID MOUNTED or TRAILER ffi 18.88 WELDER - RIG RENTAL NUMBER R7704 $ 29.86 CL17TINGTORCK (ACETYLENE.) #926 i 18.00 FABRICATION SHOP& EQUIPMENT 9101 3 W.00 Pew 7 ail 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (56.2) 864-6052 www.datybros.com Cl, L iC, 273024 SOUTHERN CAUFORNIA GET PLUS RATE.8 PFFECTIVE JULY 1, 2013 TO JUNE K I; 2KL8Mk IM9LLAYE-OVI _ mdalafte ADMT[CRAL (1) 703 QUE KVA6 F'ctR WLFRAULDO TOMUIR WRrNCR #3091 $ 50.00 PIPE LOCATOR AIR HOSE 314'X50' 39870 $ 8,06 PIPE LOCATOR -METROTEcH $643 S 26.0(3 AIR SAW 9857 $ 50.00 PIPE PUSHER 1 GRUNDORAM - HERCULE 91 #9!335 $ .00 $ P 40 40.00 AIR TAMPER"59 ASPHALT SPREADER BAR $ 35.00 PIPE TONGS (4", 6", 8",10", 12", 16,19", 20"} #10,36 50.00 BARRICADES 031193 $ 125.00 PIPE ROLLERS (FOR 2" TO 3E"i' PIPE) A889 � 24.0@ BEVELING BAND IX #1�0 $ 2,50 PIPE. STANDS (FOR 8" TO 12" PIPE) 9900 #900 $ 5.00 -29' 8833 $ 75.00 PIPE SKIDS (#'X 8" X * LUMBER) $ 1,00 BEVELING BAND 24"-42' M534 $ 100.030 PIPE WRAPFINO MACHMEE- MD HRZkAGCUWRAp g z,-8, Wjj3T" #1930 $ BEVELING SM0 4"-12" 9832 $ 50.00 PLASMA CUTTER - PORTABLE 26.00 BEVELING MACHINE 14"-20 #830 $ 75.D0 PLYWOOD 113 REPLACEMENT COST #888 $ #56,00 BEVELING MACHINE 24"-42" $831 $ 100.00 PNFUMATICIHYDRAU TORQUE WRENCH M7 $ 9100 BEVELING MACHINE 4"•12" #829 $ 42.W PORTABLE BAND SAW =90$ 1r30.W BORING MACHINE -CASE HYDRA 91092 $ 150.W POWER THREADER #@BO $ 3510© BORE MOTOR #954 S 10.00 PRESSURE WASHER TRAILER MOUNT. saw $ ®.5.00 BORING MACHINE 1-112" & 1314" (Accu -punch) 01178 S 15.00 PUMP - 8IOD MOUNT BENTONITE 0941 $ 160,00 BORING MACHINE 4'°- B'" (A--p-ch) 91520 $ 25.00 PUMP - SUBP>RERSif9LE #1182 0T $ 107.(10 BORING PIE 3 112" {Accu-ptrnr€1) 91177 $ 20.00 1 RIGID ROLL GRCX VER C#g7$ 6 6) $ X3 & GRI BUFFER 8 GRINd3ER 9836 $ 25.00 RIVET BUSTER f RIPPING GUN em $ 3010 BUILDER LEVEL • AC -2X NIKON ¥945 $ 25.00 ROCIK DPILL (Plus Steel) 50.€30 CEMENT WXER $ 43.00 ROCKSEPARATOR-GRIZZLY #885 $ 55.00 CHAIN LINK FENCE PANELS #846 $ 3100 ROTARY HAMMER (Plus Steel) #13311 $ 85.00 CHAIN SAW 18" (INCLUDES BLADES) 6850 $ 56.00 SAN05LASTER - UNIT (with o=nories) 90852 $ 50.00 CHIPPING GUN (Pius steel) #888 $ 35.1X7 SAWZAi, L #1175 $ 125.06 CLAYSPADE (PlusSbael) #866 $ 35.00 SCISSOR LIFT-TEREX 0177 #874 $ 15.x) CLEANING BALL !0850 S 10.00 SHORING LUMBER 3" X 12" X 14' (473 REPLACEMENTCos-q#B95 $ 115.00 $ 3.00 COPS -A -LONGI CHAIN 9888 15m SHORING LUMBER B" X 8" X & b/a RWLACFM8NTC=) #890 $ 3-00 CONCRETE FIN$HFR 01623 $ 125.D0 SKILL SAW (INCLUDES BLADES) 20.00 CONCRETE VIBRATOR 0891 $ 40,00 TAP MACHINE -T.D. WILLIAMSON (Up Tor-) 7 $ 100.00 CONSTRUCTION SIGNS 91882 $ 4.00 TAR POT CROMNO PLATES 4878 $ 8.25 TEST PLUG 082 #862 $ 00 S 50 .00 CUT OFFI CHAP SAW (INCLUDES BLADES) 9610 $ 53.00 TEST PUMP 200 LB. -400 I.B. SPRAGUE #1815 .00 DEAD WEIGHT TESTER $ 170.00 TEST PUMP 5,0W LB. TRAILER MOUNTED #6818 $ 110 .06 $ 187.6m DELINEATORS 9879 $ 2.50 TEST PUMP High Procaure #9840 $ 125.60 25.W DRILL MOTOR la' #811 S 20.00 TEST PUMP Porrahis 2QMb (f16 $ g 97) S 80,00 DRILL MOTOR 314" #812 $ 25.m0 TESTING TABLE DRY ROD OVEN- PORTABLE #843 $ 25,00 TORQUE WRENCH - HAND- 3!4" DRIVE C -OX ft lbs #i B94 01834 $ 0.0000 DUCT ROD #8,-5 $ 3040 TRAFFIC CONES Mmi $ 4-00 EMULSION POT SPRAYER$ 80.(X3 TRAILER - JOBSTTE STORAGE (MOI3(LE) 98194 $ 2.56 FLOODLIGHT TMALER (MERCURYVA.POR LIGHTS) $ 125.(X3 TRANSIT • THEOUTE $ 20.00 FLOW LINER #641 $ 25.00 TRENCH BOK - IY X 1(Y 0848C #11}10 $ $205.0 0 FUSION MACHINE 1-4" Vac trW #33396 $ 50.00 "TRENCH BOX -4'X ICY #11 FUSION MACHINE 4-12" 51scerroy f43Cu3 $2Dq.00 TRENCH JACK (SCREW) $ 930.00 GENERATOR (3.5-SKW) #1967 $ 53.00 TRENCH JACK(HYDRAULIC) Iii $ 4.00 GENERATOR (75 KW) #8280 $ 75,00 TREI+ICHER - VERMEER - WALK BEHIND #877 $ 24.00 HEATTRACER 14 5 25.00 TRI -VISE #11 3 $ 125.0!5 HEATER #815 $ 25,60 VIBRATOR PLATE 0814 $ 25.00 HOLIDAYCiMCTOR W938 $ 25.00 WALKIETALKIES (BET OF 2) S 89.1X) HYC3RAi3LIC STAR CUTTER #88th 8 100.00 WATER HOSE 1 1rZ' 345(1 #8$3 $ 25.E HYDROSTATIC TESTING UNIT HTU-560 #8667 $ 450.00 WATER HOSE 2 V!2" X 50' #871 $ 5.00 HYDRC3SiATiC PRESSURE RECORDER$ 110.00 WATER PUPPP 2" Por#abls 0872 $ 7165 HYDROSTAT1CTEMPERATURE RECORDER $ 110,00 WATER PUMP 3" Portable ##631 $ 58,00 HYDRCrESTEQUIPMENT &TOOL$ 0887 $1,4MOD WEEDEATER #1832 $ 80.00 IMPACT GUN 1"4116 Nail) $ 25,00 WELDING SHIELDS (6` X la FRAME) #901 50.00 IMPACT GUN 112" 0821 $ 1500 WET 1 DRY VACUUM $ 5,00 IMPACT (SUN 3141 #822 $ 2000 WHALERS HYDRAULIC #45♦R3' 9d' $ 10.(X1 IMPACT WRENCH 1" #864 $ 35.50 WINCH 10 TON (GRUNDO) #ted $ 300.06 LADDER 75 $ 10.00 A ATE U 46042 $ 300.00 LASER LEVEL 04513$ 75.0X3 4 WAY GAS MONITOR I to pmi0921 8LOWFR #824 $ 25.W FAULT] -GAS DETECTOR I PID 0911 S 25,00LEAF LIGHT STAND 4843 5 15.00 SUPPLIED AIRRESPERATOR KtT 4922 $ 925.06 $ 125.!X3 MANHOLE. BLOWER WITH HOSE 8" #840 8 43.0D ESCAPE AIR PACK MANHOLE BLOWER WITH HOSE 121 $ 55.00 H28 MONITOR 91418 $ 25.00 PAVEMENT BREAKEF I JACKHAMMER 7 $ 35 .00 HA7MAT SUIT d m q o $ 1 5,gQ 5,00 PIPE BENDERV'GREENLEE #1 9 $ 100.00 HAZMATTRAILER $ PIPE. BENDER 2" GREENLEE 01we S 10(7.00 RFSPERA�TOR APAPR- HALFIFUL.L MASK (CARTRIDGE INCL) #911 X45 $ 2040 00 PIPE BENDER MACHINE 6.20" (Flue ehoe�/frelghi per day) 91OB2 $ 400.00 SOBA- SELF CONTAINED $ 5. PIPE NDER SHOL611052 BENDER #1190 $1185.00 WEEKLY SCIS CYLINDER - EXTRA #911 $ 55.00 PIPE GUTTER - RIDGID BAIL M85 $ 15.00 TRIPOD WTrH WINCH 17 $ 35.0c PIPE GUTTER LINEUP CLA1�P 101-36" 9836 $ 50.00 TWO WINCH RETRIEVAL BOOM 13 ffi 13 ico.mm PIPE CUTTER LINEUP CLAMP S"-94" mil $ 25.W P.P.D. - PERSOBdAL FLOTATION DEVICE #479090' $ .00 FULL BODY HARNESS #92S $ 5.0.1 #924 $ 5.06 z�sa 11232 B. Firestone Blvd., Norwalk, CA 90650 Phone: (.562) 864-6566 Fax: (5612) X64-6€052 www.dotybros.com CA Lie. 273024 GENERAL TERMS AND CONDITIONS OF THE (NATER SEINER and STORM DRAIN SYSTEM ON-CALL REPAIR AND REPLACEMENT AGREEMENT All work performed shall be completed in a competent manner according to standard practices of the industry. All persons engaged in the work, including Sub - Contractors, will be considered as employees of the Contractor. The Contractor will be held responsible for their work. The City will deal directly with and make all payments to the Contractor. 2. The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the City's property from any and all injury or loss arising in connection with the work assigned by this Agreement. The Contractor shall take all necessary precaution for the safety of employees on the job and shall comply with all applicable provisions of federal, state and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. 3. The Contractor shall comply with all applicable federal, state and local laws, ordinances, regulations and codes and shall obtain and maintain throughout the term of this Agreement, all required permits, certificates and licenses, including a City of San Juan Capistrano's business license. 4. The Contractor shall be an independent contractor in performing services for the City as part of the Agreement. Contractor and Contractor's agents, employees, Sub - Contractors and other persons acting on the Contractor's behalf are not employees of the City. 5. Contractor is required to possess a current City Business License prior to commencement of work. Contractor shall possess a valid State of California Class A (General Engineering) or C-36 (Pipeline or Mechanical) contractor's License. f. Except as the City may specify in writing, Contractor and its agents, employees and Sub -Contractors shall have no authority, expressed or implied, to act on behalf of City in any capacity as agents or otherwise to bind the City to any obligation whatsoever. i. The Contractor agrees that all persons employed by Contractor shall be treated equally by Contractor without regard to or because of race, color, religion, ancestry, national origin, handicap, sex, marital status, or age and in compliance with all anti- discrimination laws of the United States of America, the State of California, and the City. 1:0 1110TOi A. Perform as directed by the City on an On -Cal[ basis: repair, replacement, and or maintenance work on water, sewer, and storm drainage systems. The work may involve scheduled or emergency work. B. The work may occur during regular working hours, after hours, or on weekends. When the City requires services it will simultaneously call one or more contractors to perform the work. It will select one or more contractors to supply equipment, personnel, and material based on the specific work, and the availability of the needed equipment, personnel, and material from a single Contractor, Equipment Supplier, or Material Supplier or in any combination. C. 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 of San Juan Capistrano. D. The Contractor will be responsible for supplying all labor, equipment, and materials as requested by City personnel to complete any job assigned by the City. The City will call Underground Service Alert (USA) for utility locations prior to the start of work. The Contractor shall verify the location of all utilities prior to construction and shall be held liable for all damages incurred due to his/her operations. The City will acquire all permits from the governing agencies as required. IT "11-11141 f `Lit A. 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. B. Contractor shall provide the City with the name of a Forman, or Supervisor as a contact person and a telephone number where he/she can be reached twenty-four (24) hours a day. This person or their equivalent must be available for emergency work scheduling at all times. Contractor shall be able to respond with a commitment of available resources, by telephone, to work requests within one half hour of notification by City. Contractor shall be able to deliver to San Juan Capistrano the Labor, and Equipment within one hour of making a commitment under normal circumstances. C. All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. F. D. All employees of Contractor shall wear colored safety vests, helmets, eye and ear protection as required by OSHA whenever working in or for the City. E. 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. A. The Contractor agrees to require his laborers to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the City, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer. B. The Contractor shall require each of his employees to adhere to basic standards of working attire. These are basically uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. Shirts shall be worn at all times, buttoned and tucked in. EQUIPMENT A. The Contractor shall use and furnish, as requested by the City, equipment necessary for the satisfactory performance of the work set forth in this contract. B. 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 fifty (50) feet. C. 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. D. The City will provide storage for Contractor's equipment while it is needed. Equipment may be stored in the public right of way if it is safe, or may be moved to a nearby site available to the City. The Contactor will remove the equipment from the City upon the City's request to do so. 3 A. The Contractor shall furnish all material, as requested by the City, for the performance of the work. B. The City will provide storage for Contractor's materials and hardware until it is installed. Material and Hardware Equipment may be stored in the public right of way if it is safe, or may be moved to a nearby secure site available to the City. The Contactor will use Material or Hardware supplied by the City upon the City's request to do so. 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. EMERGENCY MEDICAL FACILITY A. The Contractor is required to designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatmenticare for its Employees and the Employees of its Sub -Contractors 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 Contractor must provide the City with one (1) copy of the "Proposer Emergency Medical Facility Designation and Procedure Sheet" at the beginning of this Agreement, and every year there -after. The Contractor will also maintain on file with the City a copy of its most current Illness and Injury Prevention Plan (IIPP). A. Work will not be performed without prior approval and only as authorized by a City representative. 4 PROGRESS OF WORK ° A. Work shall proceed in an orderly manner. Repair work shall be completely finished prior to Contractor's re -assignment of Contractor's personnel. Any exceptions shall be approved by the City representative. ALTERATIONS 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 this Agreement. Upon written order of a City representative, Contractor shall proceed with the work as increased, decreased or altered. T��3-i,I�I�I��l��i�I�7�:�1�1►1� A. The City representative will make inspections and determine that the work has been completed. BILLING FORM A. Contractor shall provide a billing form and progress payment form approved by the City. METHOD OF WORK A. All sewer and storm drain work shall be performed per the Standard Specifications for Public Works Construction (Green Book), Latest Edition. B. All water system work shall be performed per the City's Standard Specifications for Construction for Domestic Water and Recycled Water, Facilities, Latest Edition. C. 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. D. 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. E. 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 5 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. F. The Contractor shall provide street sweeping as directed by the City to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). G. The Contractor shall provide storm drain pollution protection per the City NPDES Program. 0 THIS AGREEMENT is made, entered into, and shall become effective this day of , 2014, by and between the City of City of San Juan Capistrano (hereinafter referred to as the "City") and W. A. Rasic Construction Co., Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City has on an unscheduled and irregular basis failures or damage to its water, sewer, and storm drain systems which require immediate repair to prevent loss of service, or prevent further damage to property; and, WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to Provide On -Call Water Sanity Sewer, and Storm Drain Maintenance Repair, and Replacements Serviced and WHEREAS, Contractor is qualified by virtue of experience; training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall be determined by the need at the time of an event. The work selected will be taken from those equipment and labor options as set forth in Exhibit "A," described as the Contractor's Labor and Equipment Rates Schedules; attached and incorporated herein by reference. The procedures for requesting the services of the Contractor will be as described in Exhibit "B," described as the General Terms and Conditions. The Contractor agrees to perform the work as needed, when needed, for as long as needed, with no guarantee that its services will be employed in the course of the Agreement. To the extent that there are any conflicts between the provisions described in Exhibit "A," Exhibit "B" and the provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Terra. This Agreement shall commence on the effective date and shall terminate, no later than three years after the effective date unless the City and the Contractor agree to extend the contract. WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT W. A. Rasic Construction Co., Inc. Section 3. Compensation. 3,1 Amount, The total amount of work offered in this contract is not to exceed $120,000 per year without an amendment. 3.11 Labor and Equipment The City agrees to pay the Contractor for Labor and Equipment used, based on rates quoted in Exhibit "A." These labor and equipment rates are all inclusive of all costs of providing these services, and the City will not pay any additional markup or charges. The City may augment the Contractors forces with its own, and may choose to direct the work with its own supervisors. The Contractor will not receive any additional compensation in this event. 3.12 Materials and Hardware The City agrees to pay the Contractor for any materials and or hardware purchased by the contractor, on behalf of the City, based on the invoice of the Material Supplier plus 15%. This percentage covers all costs of the Contractor rated to the purchasing and delivery of materials or hardware. The City may have on site, or may purchase and deliver to the site materials and hardware for the Contractors use. In this event the Contractor will not receive any additional compensation for this material or hardware provided by the City. 3.13 Sub -Contractors, Second Contractors If the City determines that the services of a specialty Sub -Contractor are required, the City and the Contractor will agree on the scope and the work before the Sub -Contractor is used. If a Sub -Contractor is used, the City agrees to pay the Contractor for any Sub -Contractor work, materials and or hardware used by the Sub -Contractor, on behalf of the City, based on the invoice of the Sub -Contractor plus 15%. This percentage covers all costs of the Contractor rated to the use of any Sub -Contractor materials or hardware. The City may have a Sub -Contractor or Second Contractor on site to work on the job. In this event the Contractor will work with the Sub-Contrator or Second Contractors but will not receive any additional compensation for the labor, equipment, material, or hardware provided by the City's Sub -Contractor, or Second Contractor. 3.14 Additional Markups. The City will NOT pay the contractor any additional markup for handling, overhead, management, office administration, profit, taxes, insurance, fuel, maintenance, storage or other expenses; as they are considered to be covered by the above terms. 3.15 Trowel and Assembly Time. The City and the Contractor will agree on the on the length of travel time allowable for each event based on the timing and circumstances of the event requiring the services of the Contractor. 3.16 Work by Management Personnel. Project Management Personnel working as Forman, Operating Engineers, Teamsters, or 2 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT W. A. Rasic Construction Co., Inc. Laborers will be paid as such. 3.17 Fines and Penalties. Notwithstanding the payment terms of this Agreement, the City will NOT pay the contractor the cost of fines, penalties or other costs resulting from the Contractors failure to obey applicable laws in the execution of its assigned work, 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit invoices within a month or completion of any work based on total services which have been satisfactorily completed for such monthly period. The City will make payments based on approved invoices in accordance with this Section, within 30 days of submission. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. 3.4 Inflation Adjustments. One year after the effective date of the Agreement, the amounts given on Exhibit 'A" the Contractor's Labor and Equipment Rates Schedules will be adjusted for inflation based on the change in the California Consumer Price Index at the end of each year the Agreement is in force. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. 3 WATER, SEWER, and STORM GRAIN SYSTEM OIC -CALL REPAIR, AND REPLACEMENT AGREEMENT W, A. Rasic Construction Co., Inc. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work andlor Construction Site. By executing this Agreement, Contractor warrants that: (1) it is familiar with the work to be performed and the manner with which it proceeds; (2) it is familiar with the conditions which it may expect to encounter, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8, Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. [RESERVED]. Section 12. [RESERVED]. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the 4 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT W. A. Rasic Construction Co., Inc. negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14, Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. The Contractor's insurance will cover its Sub -Contractors. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 5 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT W. A. Rasic Construction Co., Inc. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. if the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten, Public Works and Utilities Director 6 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT" AGREEMENT W. A. Rasic Construction Co., Inc. To Contractor: W. A. Rasic Construction Co., Inc. 4150 Long Beach Blvd. Long Beach, CA 90807 Section 17. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Counterparts and Facsimile signatures. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures maybe transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. Section 21. Non -Exclusive Agreement The agreement is Non -Exclusive. And, the City reserves the right to issue a similar of identical Agreement to this Agreement, to two or more Contractors. [SIGNATURE PAGE FOLLOWS] 7 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL. REPAIR, AND REPLACEMENT AGREEMENT W. A. Rasic Construction Co., Inc. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO BV: Sam Allevato — Mayor CONTRACTOR A ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Hays VanLigten, Cify'Attorney 8 WATERT SEWER, and STORM DRAIN SYSTEM ON-CALL. REPAIR, AND REPLACEMENT AGREEMENI" W. A. Rasic Construction Co., Inc. N I Wd Lei a o P Ll z plg'' ' W BY' i.1I evato — Mavor CONTRACTOR W.A. RaSAC' porvstruction Go., Inc. By: IL Wal6r A. 1�as' JV., Vice Pres./Sec. ATTEST-. Maria Morris, City Clerk Hans VanLigten, City Attorney 8 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR; ANO REPLACEMENT AGREEMENT W. A. Rask Construction Co,, Inc, =Southernalifornia Rates NFRAL ENOING CONrRACTOR COST PLUS RATES EFFECTIVE JULY 1, 2014 through JUNE 30, 2015 CRAFT STRAIGHT OVER DOUBLE CRAFT STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME CRAFTSMANACLASS CODE TIME TIME TIME CARPENTERS PROJECT MANAGEMENT General Foreman CALF 90.10 123.76 157.42 Project Administrator PADM 52.74 67.85 82.96 Foreman CAFM 86,88 119.02 151.16 Project Engineer 1 PEG1 68.60 91.08 113.57 Journeyman CAJM 82.05 111.91 141.77 Project Engineer 2 PEG2 73.65 95.66 117.68 Apprentice - 8th Period (90%) CAAB 75.72 102.60 129,48 Project Engineer 3 PEG3 78.18 104.92 131.66 Project Engineer 4 PEG4 87.38 118.34 149.30 CEMENT MASONS Superintendent PMSP 118.67 157.52 184,08 Foreman CMFM 84.75 111.23 137,71 Assistant Project Manager PMAS 110.85 150.36 189.87 Journeyman Commercial CMJC 79.92 104.12 128.33 Project Manager PMPM 126.31 172.30 218.28 Journeyman tight Commercial CMJL 72.34 94.30 116.25 Senior Project Manager PMSR 157.24 215.99 274.73 F&T Machine Operator CMFT 80.32 104.71 129.11 Apprentice - 8th 6 Mos. (90%) CMA8 74.79 96.57 118.36 LABORERS TEAMSTERS General Foreman LAGF 81.67 108.72 135.76 Foreman TDFM 78.89 101.68 124.47 Foreman LAFM 80.06 106.35 132.63 GR 2 - 2 Axle TDG2 75.91 97.30 118,68 Group 1 - General LAG1 72.98 95.92 118.86 GR 3 -:3 Axle TDG3 76.12 97.61 119.09 Group 2 - Chute Man LA02 73.87 97.22 120.58 GR 5 - Working Truck Driver TDGS 76.46 98.13 119.78 Group 3 - Pipeline Backup Man LAG3 74.75 98.53 122,30 GR 6 - 4 or More Axle TDGS 76.53 98.20 119.87 Group 4 - Pipe Layer, C&S LAG4 77.25 102.20 127.16 Sub journeyman - 4001-6000 Hrs. TDA3 58.54 72,37 86.20 Group 5 - Blaster I Driller LAG5 77.81 103.03 128.25 Apprentice - 6th Period (85%) LAA6 59.11 80.54 101,98 OPERATING ENGINEERS WELDERSIFITTERSIHLP - Local 250 Shortline General Foreman, Appdx. A OEGF 105,43 141,10 176.76 Foreman WLFM 107,39 142.57 177.76 Foreman, Appdx. A OEFM 102.21 136.36 170.51 Journeyman WLJM 100.93 133.31 165.68 Group 1, Appdx. A - Oiler OEG1 94.33 124.77 155.20 Metal Trades WLMT 59.81 75,86 91,91 Group 2, Appdx. A - Oiler OEG2 95.59 126.62 157.64 Group 8, Appdx. A - Unlversal OEG8 96.99 131.62 164.25 Group 10, Appdx. A - Mechanic OEGM 99.18 131.90 164,62 WELDERSIFITTERSIHLP - Local 250 Industrial Group 8, Appdx, B - Crane (up to 2: OEB8 99.45 132.30 165.15 Foreman IW2F 110.03 148.99 185.41 Group 9, Appdx. B - Crane (25 to! OEB9 99.73 132.71 165,69 Journeyman IW2J 99.47 133.44 165.11 Apprentice, GR 8, Appdx A - 6th ({ OEA6 92.07 121.44 150.81 Apprentice Fifth Year IWAS 78.62 106.03 131.37 Apprentice Rates: Apprentice rates listed above are for the highest classification prior to journeyman full scale rates. Billing for apprentices will be based on actual classification(s) noticed. Boundaries of Southern California Cost Plus Rates: Consist of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego County. Markup: Material, subcontractors, subsistence, outside rentals (including fuel costs) etc., will be billed cost, plus sales tax as applicable, plus mark-up of 15%. Overtime Rates: Shift(s) shall be paid per union agreement(s). Subsistence.- Lodging & meals for management, superintendents & general foremen will be Wiled at actual costs, plus mark-up at 15% Travel Time: Billing time will start once employees are dispatched and end upon their return to the company facility. USA Notification: Client is responsible for Underground Service Alert (USA) notification for all emergency work. NOTE: All wage scales presented herein are subject to change without notice. This document does not include all labor classifications. Additional labor classifications are available upon request. Some work areas may be subject to speolal wage agreements, if applicable, fees will be billed accordingly. (Rev) 07/30114 4150 Long Beach Boulevard, Long Beach, CA 90807 - 562-928-6111 - fax_ 562-928-7339 m www.warasic.com state contractor's license 9A368761 Exhibit /, Bid Response Form Proposal Submission Forms 1. Equipment Equipment Description Make/Model/Year Hourly Rate Overtime trate Excavator CAT / 320CLU / 2006 $ 115.00 $ 97.75 Excavator CAT / 325CL 12006 $ 145.00 $ 123.25 Excavator CAT / 330DL l 2006 $ 235.00 $ 199.75 Excavator CAT / 345CL 12008 $ 245.00 $ 208.25 Excavator Hitachi 1 EX 100 Super 1 1995 $ 80.00 $ 68.00 Excavator John Deere 1450 CLC / Various $ 235.00 $ 199.75 Excavator John Deere / 892 DLC 11990 $ 141.66 $ 120.41 Excavator Komatsu / PC1000 LC -1 / 1997 $ 515.00 $ 437.75 Excavator John Deere 1450CLC w Lo -Drill 12005 $ 365.00 $ 310.25 Backhoe Case 15801 Super M 44 / Various $ 61.03 $ 54.93 Backhoe Case / 5901 Super M 4x41 Various $ 67.00 $ 60.30 Backhoe CAT / 416B 4WD / Various $ 5829 $ 52.46 Backhoe CAT 14160 4WD / Various $ 60.29 $ 54.26 Backhoe CAT / 420 D 4x4 / Various $ 63.00 $ 56.70 Backhoe CAT 1430 4x4 / Various $ 60.00 $ 54.00 Backhoe John Deere 1310 D / Various $ 52.95 $ 47.65 Backhoe John Deere / 310 G 4x4 Turbo/ Various $ 60.00 $ 54.00 Backhoe John Deere / 310 SE / Various $ 61.00 $ 54.90 Backhoe John Deere 1410 E / Various $ 68.33 $ 61.50 Loader Case / 570 MXT 4 x 412004 $ 50.24 $ 45.22 Loader CAT 1236 Skid Steer Loader / 2003 $ 45.00 $ 40.50 Loader CAT 1248B wl Pavement Grinder & Broom 12006 $ 190.00 $ 171.00 Loader CAT / 950 H 1 Various $ 170.00 $ 153.00 Loader CAT 1972 H 1 Various $ 220.00 $ 198.00 Loader CAT 1980 H / Various $ 270.18 $ 243.16 Loader John Deere 1210 E / Various $ 52.62 $ 47.36 Loader John Deere 1444 E 11989 $ 70.96 $ 63.86 Loader John Deere 1544 E / Various $ 85.00 $ 76.50 Loader John Deere 1624 E / Various $ 100.82 $ 90.74 Loader John Deere 1644 E / Various $ 120.61 $ 108.55 Loader Kawasaki 1 Z80 / 1997 $ 150.00 $ 135.00 Loader Kawasaki / ZV90 11998 $ 210.00 $ 189.00 Flatbed Dump Truck Various / Various / Various $ 65.00 $ 55.90 Flatbed Dump Truck Dump Truck Bobtail Paving $ 70.00 $ 60.20 Dump Truck - End Dump Dump Truck End rump + Semi $ 105.00 $ 90.30 Dump Truck - Super 10 Dump Truck Super 10 $ 92.07 $ 79.18 Dump Truck - 10 Wheel Dump Truck Ten Wheel $ 82.88 $ 71.28 Pickup Truck Ford / F-1501 Various $ 25.05 $ 22.04 Service Truck Ford / F-5501 Various $ 39.00 $ 34.32 Stakebed Truck Ford / F-55012013 $ 40.00 $ 35.20 Lowboy Tractor/Trailer Peterbilt / 367/2008 $ 95.00 $ 83.60 Equipment Trailer 20,000 lb cap through 40, 000 Ib cap /Various $ 15.00 $ 9.15 Equipment Trailer Cozad Heavy Haul / Various $ 31.00 $ 18.91 Equipment Trailer Tool Hauler 4,200 lb cap 1 Various $ 7.00 $ 4.27 Equipment Trailer Tool Hauler 7,000 lb cap 1 Various $ 10.00 $ 6.10 Water Truck Various 11500 Gallon 1 Various $ 40.00 $ 35.20 Water Truck Various / 2000 Gallon 1 Various $ 42.00 $ 36.96 Water Truck Various / 2500 Gallon / Various $ 45.00 $ 39.60 Water Truck lVarious 14000 Gallon / Various $ 80.00 $ 70.40 Air Compressor jAirman 1 185 / Various $ 25.00 $ 22.50 7-1 Initial of Proposer Bid Response Form Proposal Submission Forms 1. Equipment Equipment Description Make/Model/Year Hourly Rate Overtime Rate Air Tools Chipping Gun $ 9.38 $ 3.94 Air Tools Clay Spade $ 7.72 $ 3.24 Generator 118 KW 1 Various 1 Various $ 80.00 $ 72.00 Generator 230 KW / Various 1 Various $ 120.00 $ 108.00 Generator 25 KW I Various / Various $ 40.00 $ 36.00 Generator 5 KW I Various / Various $ 10.00 $ 9.00 Generator 65 & 70 KW 1 Various / Various $ 55.00 $ 49.50 Light Tower 4 -Lamp / Various / Various $ 25.00 $ 22.50 Water Pump 2" w/ Suction Hose & 100 LF of Discharge Hose $ 7.50 $ 5.18 Water Pum 3" w/ Suction Hose & 100 LF of Discharge Hose $ 10.63 $ 7.33 Water Pump 4" wl Suction Hose & 100 LF of Discharge Hose $ 16.88 $ 11.65 Water Pum 6" wl Suction Hose & 100 LF of Discharge Hose $ 33.13 $ 22.86 Hand Held Power Saws Cut-off Saw 1 Chain Saw 1 Skill Saw $ 9.38 $ 8.54 Compaction Equipment Vib, Compactor Sheep Foot 33" Wide (Walk Behind) $ 38.00 $ 32.30 Compaction Equipment Vibratory Plate 24" Compactor 1 Various / Various $ 12.50 $ 10.63 Compaction Equipment Wacker Jumping Jack)1 Various I Various $ 12.50 $ 10.63 Compaction Equipment Concrete Vibrator 1 Various 1 Varous $ 12.50 $ 9.00 Concrete Mixer Various 1 Various 1 Various $ 1125 $ 10.24 Mobile Sweeper Johnston 14000 1 2001 $ 162.58 $ 143.07 Self Propelled Broom Broce Broom I RJ350 /Various $ 53.61 $ 47.18 Crash Barrels Various I Various 1 NA $ 0.50 $ 0.50 K -rail Various 120' length / NA $ 7.00 $ 7.00 Traffic Plate 5'x 8'& 6'x 10" $ 0.88 $ 0.88 Traffic Plate 8'x 10' $ 1.00 $ 1.00 Traffic Plate 8'x 15'& 8'x 20' $ 1.88 $ 1.88 Water Tower Klein 1 KPT 120 / 2004 (12,000 Gallon) $ 12.50 $ 12.50 Vibratory Roller 3-5 Ton 1 Various / Various $ 48.65 $ 41.84 Delineator Delineator $ 1.00 $ 1.00 Arrow Board Trailer Mounted 1 Various / Various $ 15.00 $ 10.50 Message Board Solar w/ cell remote 1 Various / Various $ 25.00 $ 17.50 Barricade With Flasher $ 2.00 $ 2.00 Traffic Signs Traffic signs $ 5.00 $ 5-00 Welder 200 AMP 1 Various / Various $ 17.00 $ 14.28 Chain Link Fence Panel 6' x10' $ 0.88 $ 0.88 Gas / Oxygen Monitor Various / Various I Various $ 12.50 $ 7.00 Tripod wl Harness Various / Various I Various $ 10.63 $ 5.53 Shoring Hydraulic Jack w/ 3' rails (28" to 46") $ 3.38 $ 3.38 Shoring Hydraulic Jack w/ 5' rails (28" to 46") $ 3.50 $ 3.50 Shoring Hydraulic Jack w/ 7' rails (28" to 46") $ 3.63 $ 3.63 Shoring Hydraulic Jack w/ 5' rails 52" to 88") $ 4.50 $ 4.50 Shoring Hydraulic Z w/ 5' rails (52" to 88" Single Ram) $ 9.38 $ 9.38 Shoring Hydraulic Z w/ 5' rails (52" to 88" Double Ram) $ 12.50 $ 12.50 Shoring Hydraulic Shoring Pump & Tool $ 1.88 $ 1.88 Shoring Plywood 4' x 8' Sheet 1 118" Thick $ 1.00 $ 1.00 Shoring Timber 14" x 12" or 3" x 12" $ 1.00 $ 1.00 Wide Flange Beam W14 x 89 x 40' Length $ 2.38 NIA Wide Flange Beam W14 x 120 x 40' Length $ 2.75 NIA Wide Flange Beam W14 x 145 x 40' Length $ 3.38 NIA Wide Flange Beam I W 14 x 176 x 40' Length $ 4.13 1 NIA 7-2 Initial of Proposer GENERAL TERMS AND CONDITIONS OF THE WATER SEWER and STORM DRAIN SYSTEM ON-CALL REPAIR AND REPLACEMENT AGREEMENT 1. All work performed shall be completed in a competent manner according to standard practices of the industry. All persons engaged in the work, including Sub - Contractors, will be considered as employees of the Contractor. The Contractor will be held responsible for their work. The City will deal directly with and make all payments to the Contractor. 2. The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the City's property from any and all injury or loss arising in connection with the work assigned by this Agreement. The Contractor shall take all necessary precaution for the safety of employees on the job and shall comply with all applicable provisions of federal, state and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. 3. The Contractor shall comply with alt applicable federal, state and local laws, ordinances, regulations and codes and shall obtain and maintain throughout the term of this Agreement, all required permits, certificates and licenses, including a City of San Juan Capistrano's business license. 4. The Contractor shall be an independent contractor in performing services for the City as part of the Agreement. Contractor and Contractor's agents, employees, Sub - Contractors and other persons acting on the Contractor's behalf are not employees of the City. 5. Contractor is required to possess a current City Business License prior to commencement of work. Contractor shall possess a valid State of California Class A (General Engineering) or C-36 (Pipeline or Mechanical) contractor's License. 6. Except as the City may specify in writing, Contractor and its agents, employees and Sub -Contractors shall have no authority, expressed or implied, to act on behalf of City in any capacity as agents or otherwise to bind the City to any obligation whatsoever. i. The Contractor agrees that all persons employed by Contractor shall be treated equally by Contractor without regard to or because of race, color, religion, ancestry, national origin, handicap, sex, marital status, or age and in compliance with all anti- discrimination laws of the United States of America, the State of California, and the City. I A. Perform as directed by the City on an On -Call basis: repair, replacement, and or maintenance work on water, sewer, and storm drainage systems. The work may involve scheduled or emergency work. B. The work may occur during regular working hours, after hours, or on weekends. When the City requires services it will simultaneously call one or more contractors to perform the work. It will select one or more contractors to supply equipment, personnel, and material based on the specific work, and the availability of the needed equipment, personnel, and material from a single Contractor, Equipment Supplier, or Material Supplier or in any combination. C. 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 of San Juan Capistrano. D. The Contractor will be responsible for supplying all labor, equipment, and materials as requested by City personnel to complete any job assigned by the City. The City will call Underground Service Alert (USA) for utility locations prior to the start of work. The Contractor shall verify the location of all utilities prior to construction and shall be held liable for all damages incurred due to his/her operations. The City will acquire all permits from the governing agencies as required. .....: ..... A. 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. B. Contractor shall provide the City with the name of a Forman, or Supervisor as a contact person and a telephone number where he/she can be reached twenty-four (24) hours a day. This person or their equivalent must be available for emergency work scheduling at all times. Contractor shall be able to respond with a commitment of available resources, by telephone, to work requests within one half hour of notification by City. Contractor shall be able to deliver to San Juan Capistrano the Labor, and Equipment within one hour of making a commitment under normal circumstances. C. All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. 2 D. All employees of Contractor shall wear colored safety vests, helmets, eye and ear protection as required by OSHA whenever working in or for the City. E. 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. The Contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. A. The Contractor agrees to require his laborers to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the City, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer. B. The Contractor shall require each of his employees to adhere to basic standards of working attire. These are basically uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. Shirts shall be worn at all times, buttoned and tucked in. A. The Contractor shall use and furnish, as requested by the City, equipment necessary for the satisfactory performance of the work set forth in this contract. B. 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 fifty (50) feet. C. 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. D. The City will provide storage for Contractor's equipment while it is needed. Equipment may be stored in the public right of way if it is safe, or may be moved to a nearby site available to the City. The Contactor will remove the equipment from the City upon the City's request to do so. 41 MATERIALS A. The Contractor shall furnish all material, as requested by the City, for the performance of the work. B The City will provide storage for Contractor's materials and hardware until it is installed. Material and Hardware Equipment may be stored in the public right of way if it is safe, or may be moved to a nearby secure site available to the City. The Contactor will use Material or Hardware supplied by the City upon the City's request to do so. 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. EMERGENCY MEDICAL FACILITY A. The Contractor is required to designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatment/care for its Employees and the Employees of its Sub -Contractors 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 Contractor must provide the City with one (1) copy of the "Proposer Emergency Medical Facility Designation and Procedure Sheet" at the beginning of this Agreement, and every year there -after. The Contractor will also maintain on file with the City a copy of its most current Illness and Injury Prevention Plan (IIPP). A. Work will not be performed without prior approval and only as authorized by a City representative. Il A. Work shall proceed in an orderly manner. Repair work shall be completely finished prior to Contractor's re -assignment of Contractor's personnel. Any exceptions shall be approved by the City representative. I_ll���71�iC+P� 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 this Agreement. Upon written order of a City representative, Contractor shall proceed with the work as increased, decreased or altered. A. The City representative will make inspections and determine that the work has been completed. BILLING FORM A. Contractor shall provide a billing form and progress payment form approved by the City. A. All sewer and storm drain work shall be performed per the Standard Specifications for Public Works Construction (Green Book), Latest Edition. B. All water system work shall be performed per the City's Standard Specifications for Construction for Domestic Water and Recycled Water Facilities, Latest Edition. C. 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. D. 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. E. 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 5 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. F The Contractor shall provide street sweeping as directed by the City to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). G. The Contractor shall provide storm drain pollution protection per the City NPDES Program. THIS AGREEMENT is made, entered into, and shall become effective this day of , 2014, by and between the City of City of San Juan Capistrano (hereinafter referred to as the "City") and Charles King Company, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City has on an unscheduled and irregular basis failures or damage to its water, sewer, and storm drain systems which require immediate repairto prevent loss of service, or prevent further damage to property; and, WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to Provide On -Call Water Sanita Sewer, and Storm Drain Maintenance Repair, and Replacements Services; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall be determined by the need at the time of an event. The work selected will be taken from those equipment and labor options as set forth in Exhibit "A," described as the Contractor's Labor and Equipment Rates Schedules; attached and incorporated herein by reference. The procedures for requesting the services of the Contractor will be as described in Exhibit "B," described as the General Terms and Conditions. The Contractor agrees to perform the work as needed, when needed, for as long as needed, with no guarantee that its services will be employed in the course of the Agreement. To the extent that there are any conflicts between the provisions described in Exhibit "A," Exhibit "B" and the provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Terra. This Agreement shall commence on the effective date and shall terminate, no later than three years after the effective date unless the City and the Contractor agree to extend the contract. 1 WATER, SEWER, and STORM DRAIN SYSTEM ON -GALL REPAIR, AND REPLACEMENT AGREEMENT Charles King Company, Inc. 3.1 Amount. The total amount of work offered in this contract is not to exceed $120,000 per year without an amendment. 3.11 Labor and Equipment The City agrees to pay the Contractor for Labor and Equipment used, based on rates quoted in Exhibit "A." These labor and equipment rates are all inclusive of all: costs of providing these services, and the City will not pay any additional markup or charges. The City may augment the Contractors forces with its own, and may choose to direct the work with its own supervisors. The Contractor will not receive any additional compensation in this event. The City agrees to pay the Contractor for any materials and or hardware purchased by the contractor, on behalf of the City, based on the Invoice of the Material Supplier plus 15%. This percentage covers all costs of the Contractor rated to the purchasing and delivery of materials or hardware. The City may have on site, or may purchase and deliver to the site materials and hardware for the Contractors use. In this event the Contractor will not receive any additional compensation for this material or hardware provided by the City. 3.13 Sub -Contractors, Second Contractors If the City determines that the services of a specialty Sub -Contractor are required, the City and the Contractor will agree on the scope and the work before the Sub -Contractor is used. If a Sub -Contractor is used, the City agrees to pay the Contractor for any Sub -Contractor work, materials and or hardware used by the Sub -Contractor, on behalf of the City, based on the invoice of the Sub -Contractor plus 5%. This percentage covers all costs of the Contractor rated to the use of any Sub -Contractor materials or hardware. The City may have a Sub -Contractor or Second Contractor on site to work on the job. In this event the Contractor will work with the Sub-Contrator or Second Contractors but will not receive any additional compensation for the labor, equipment, material, or hardware provided by the City's Sub -Contractor, or Second Contractor. 3.14 Additional Markups. The City will NOT pay the contractor any additional markup for handling, overhead, management, office administration, profit, taxes, insurance, fuel, maintenance, storage or other expenses; as they are considered to be covered by the above terms. 3.15 Travel and Assembly Time. The City and the Contractor will agree on the on the length of travel time allowable for each event based on the timing and circumstances of the event requiring the services of the Contractor. 3.16 Work by Management Personnel. Project Management Personnel working as Forman, Operating Engineers, Teamsters, or 2 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT Charles King Company, Inc. Laborers will be paid as such. 3.17 Fines and Penalties. Notwithstanding the payment terms of this Agreement, the City will NOT pay the contractor the cost of fines, penalties or other costs resulting from the Contractors failure to obey applicable laws in the execution of its assigned work, 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit invoices within a month or completion of any work based on total services which have been satisfactorily completed for such monthly period. The City will make payments based on approved invoices in accordance with this Section, within 30 days of submission. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. 3.4 Inflation Adjustments. One year after the effective date of the Agreement, the amounts given on Exhibit 'A" the Contractor's Labor and Equipment Rates Schedules will be adjusted for inflation based on the change in the California Consumer Price Index at the end of each year the Agreement is in force. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. 3 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT Charles King Company, Inc. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it is familiar with the work to be performed and the manner with which it proceeds; (2) it is familiar with the conditions which it may expect to encounter, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the 4 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT Charles King Company, Inc. negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14, Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. The Contractor's insurance will cover its Sub -Contractors. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 5 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPA€R, AND REPLACEMENT AGREEMENT Charles King Company, Inc. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn. Keith Van Der Maaten, Public Works and Utilities Director 6 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT Charles King Company, Inc. To Contractor: Charles King Company 2841 Gardena Ave. Signa[ Hill CA 90755 Section 17. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entir.LAglreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Counterparts and Facsimile signatures. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures maybe transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. Section 21. Non -Exclusive -Agreement The agreement is Non -Exclusive. And, the City reserves the right to issue a similar of identical Agreement to this Agreement, to two or more Contractors. [SIGNATURE PAGE FOLLOWS] 7 MATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT Charles King Company, Inc. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, CITY OF SAN JUAN CAPISTRANO By: Sam Allevato — Mayor CONTRACTOR ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: r Hans VanLigten, City Attorney S WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL RFPAER, AND REPLACEMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN ,DUAN CAPISTRANO ME Sam Allevato — Mayor CONTRACTOR By:r ATTEST: )1A Maria Morris, City Clerk. APPROVED AS TO FORM: Hans VanLigten, City Attorney 8 WATER, SEWER, and STORM DRAIN SYSTEM ON-CALL REPAIR, ANT] REPLACEMENT AGREEMENT Charles King Company, Inc. Charles King Company • Labor Mates EFFECT"€VE 714114 - 6130114 Prevailing PW -DT Contractor's Fully Fully Fully Wage Hourly PW -OT Double (2) Mark-Up In Burdened Burdened Burdened Classification Rate 1-1/2 Rate Time Rate Percentage Rate OT Rate DT Rate Laborers Group 1 48.93 6343 77.92 44% 70,46 91,34 112.20 Group 4 51.58 67.40 83.22 44% 74.28 97.06 119.84 Operating Engineers Foreman 85.78 86,33 106.87 44% 94.72 124.32 153.65 Operator 8 65.78 86.33 105.87 44% 94.72 124.32 153.89 Charles King Company - Equipment Rates EFFECT[VE 411114 - 3131116 Equipment Code Hourly Rate OT Factor OT Rate Standard Markups Jt] 990 1720 158.60 0.85 293.41 Hitachi 225 i696ELC 105.38 0.85 194.95 Labor 20% Jia 71 OJ wl backhoe LDRRT 91.14 0.90 173.17 Equipment 15% JD71OGw1backhow 2722G 85.55 0.90 162.55 Materia€s 15% Stanley Weaker 1140 45.94 0.81 83.15 Rented Equipment 15% JD 710C wl backhoe 2721 74,98 0.90 142.48 Subcontractors 5% J0 3100 vVl backhoe 2507D 46.04 0.90 87.48 Annual fnflation Adjustment 2.75% JD 31OG 2507G 48.32 0.90 91.81 31 DG Breaker MB -2900 19.00 1.00 38.00 JD 444J 2521 61.70 0.90 117.23 J0 644E 2719 104.88 0.90 199.27 Komatsu 220 excavator [9516] LC -6 113.54 €1.65 210.05 Furskawa 312D 31205 137,57 0.90 261.38 JD 480 (5000 lb) Forklift FKLFT 41.02 0.82 74.66 Link Belt HSP18 5505 73.98 0.89 139.82 Cat 2560 Skidsteer TRACS[C] 30.96 0.91 59.13 JD 325D Skidsteer TRACS[C] 30.96 0.91 59.13 Skidsteer planer TRACS 4.17 0.90 7,92 Air Compressor 185CFM 016-025 21,33 0.90 40.53 901b hammer 60 117 0.42 1.95 Elgin Sweeper [DR MSK ALL [SFPR] 32.28 0.88 60.69 HomagRoller BW120-AD 1350 36.83 0.86 68.50 Jumping jack compactor [COMHG]250 9,84 0.85 18.20 IR Asphalt Zipper (grinder) 280 105.27 0.94 200.01 Forklift 500D€tr jFKLFT] 040-060 41.02 0.82 74,66 10 Wheel Dump truck 3AXL 72.07 0.86 134.05 Lowbed or End dump 5AXL 90.57 0.86 168.46 Trader Truck w/trailer [TRUCK]60 81.67 0.68 15$.54 Crew Truck 12-20 33.46 0.88 62.90 Stake bed 20-28 36.04 0.86 67.76 5 yrd dump truck truon 2axi 56.33 0.86 104.77 Water Truck (TRUCK]36-38 52.11 0.88 97.97 Generator 10kw 08-015 9.61 0.90 18.26 Generator25kw 025-050 15.18 0.90 28.84 Generator 75kw 050-100 27.53 0.90 52.31 Fence Panel (.50 1.00 1.00 Steel plate 6x6 METAL (PLAT) 19.50 1.00 39.00 Steel plate 6xio METAL [PLAT] 25.00 1.00 50.00 Staei plate Bx10 METAL [PLAT] 35.00 1.00 70.00 Steel plate 8x92 MFTAL [PLAT] 38.00 1.00 76.OD Pumpertruck westk 62.00 1.00 124.00 6" Pump Sound Atlen pace 58.66 0.61 94.44 3" Pump ]PUMWA] 000-010 3.57 0.69 6.03 4" Pump [PUMWA) 010420 5.72 0.69 9.07 3" Suction Rase x 25' [INHSj 2.5-3.5 0.11 0.69 0.19 3" Discharge x 25' (OLiHS] 2.53,5 0.09 0.69 0.15 4" Suction Hose x 25' [iNHS] 3.5-4 0.16 0.69 0,27 4" Discharge x 25' (OUHS) 3.5-4 0.13 0.69 0.22 6" Suction Hose x.25" [INSIi] 4-6 0,26 0,69 0.44 6" Discharge x26' [OUHS] 4-6 0,17 0.69 0.28 Arrowboerd TRAFA [TM] 3,39 0.70 5.78 Delineators TRAFC [2TC] 0.23 1.00 0,46 Traffic Cones TRAFC [2TC] 0,08 1.00 4.16 Trac Signs TRAFC (2TC] 2.57 1.00 5,14 GENERA[ TERMS AND CONDITIONS OF THE 'MATER SEWER and STORM ©RAIN SYSTEM ON-CALL REPAIR AND REPLACEMENT AGREEMENT All work performed shall be completed in a competent manner according to standard practices of the industry. All persons engaged in the work, including Sub - Contractors, will be considered as employees of the Contractor. The Contractor will be held responsible for their work. The City will deal directly with and make all payments to the Contractor. 2. The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the City's property from any and all injury or loss arising in connection with the work assigned by this Agreement. The Contractor shall take all necessary precaution for the safety of employees on the job and shall comply with all applicable provisions of federal, state and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. 3. The Contractor shall comply with all applicable federal, state and local laws, ordinances, regulations and codes and shall obtain and maintain throughout the term of this Agreement, all required permits, certificates and licenses, including a City of San Juan Capistrano's business license. 4. The Contractor shall be an independent contractor in performing services for the City as part of the Agreement. Contractor and Contractor's agents, employees, Sub - Contractors and other persons acting on the Contractor's behalf are not employees of the City. 5. Contractor is required to possess a current City Business License prior to commencement of work. Contractor shall possess a valid State of California Class A (General Engineering) or C-36 (Pipeline or Mechanical) contractor's License. 6. Except as the City may specify in writing, Contractor and its agents, employees and Sub -Contractors shall have no authority, expressed or implied, to act on behalf of City in any capacity as agents or otherwise to bind the City to any obligation whatsoever. 7. The Contractor agrees that all persons employed by Contractor shall be treated equally by Contractor without regard to or because of race, color, religion, ancestry, national origin, handicap, sex, marital status, or age and in compliance with all anti- discrimination laws of the United States of America, the State of California, and the City. Ml 211.7�`WO-V SCOPE OF WORK A. Perform as directed by the City on an On -Call basis: repair, replacement, and or maintenance work on water, sewer, and storm drainage systems. The work may involve scheduled or emergency work. B. The work may occur during regular working hours, after hours, or on weekends. When the City requires services it will simultaneously call one or more contractors to perform the work. It will select one or more contractors to supply equipment, personnel, and material based on the specific work, and the availability of the needed equipment, personnel, and material from a single Contractor, Equipment Supplier, or Material Supplier or in any combination. C. 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 of San Juan Capistrano. D. The Contractor will be responsible for supplying all labor, equipment, and materials as requested by City personnel to complete any job assigned by the City. The City will call Underground Service Alert (USA) for utility locations prior to the start of work. The Contractor shall verify the location of all utilities prior to construction and shall be held liable for all damages incurred due to his/her operations. The City will acquire all permits from the governing agencies as required. REQUIREMENTS A. 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. B. Contractor shall provide the City with the name of a Forman, or Supervisor as a contact person and a telephone number where he/she can be reached twenty-four (24) hours a day. This person or their equivalent must be available for emergency work scheduling at all times. Contractor shall be able to respond with a commitment of available resources, by telephone, to work requests within one half hour of notification by City. Contractor shall be able to deliver to San Juan Capistrano the Labor, and Equipment within one hour of making a commitment under normal circumstances. C. All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. 2 D. All employees of Contractor shall wear colored safety vests, helmets, eye and ear protection as required by OSHA whenever working in or for the City. E. 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. W4 i;LI41 The Contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. A. The Contractor agrees to require his laborers to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the City, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer. B. The Contractor shall require each of his employees to adhere to basic standards of working attire. These are basically uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. Shirts shall be worn at all times, buttoned and tucked in. A. The Contractor shall use and furnish, as requested by the City, equipment necessary for the satisfactory performance of the work set forth in this contract. B. 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 fifty (50) feet. C. 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. D. The City will provide storage for Contractor's equipment while it is needed. Equipment may be stored in the public right of way if it is safe, or may be moved to a nearby site available to the City. The Contactor will remove the equipment from the City upon the City's request to do so. 3 A. The Contractor shall furnish all material, as requested by the City, for the performance of the work. B. The City will provide storage for Contractor's materials and hardware until it is installed. Material and Hardware Equipment may be stored in the public right of way if it is safe, or may be moved to a nearby secure site available to the City. The Contactor will use Material or Hardware supplied by the City upon the City's request to do so. 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. EMERGENCY MEDICAL FACILITY A. The Contractor is required to designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatment/care for its Employees and the Employees of its Sub -Contractors 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 Contractor must provide the City with one (1) copy of the "Proposer Emergency Medical Facility Designation and Procedure Sheet" at the beginning of this Agreement, and every year there -after. The Contractor will also maintain on file with the City a copy of its most current Illness and Injury Prevention Plan (IIPP). I=l�j�Z��':T��1s��hI�[�73►iT[�T:17 A. Work will not be performed without prior approval and only as authorized by a City representative. 161c] S 4.1367 ATIM6111 A. Work shall proceed in an orderly manner. Repair work shall be completely finished prior to Contractor's re -assignment of Contractor's personnel. Any exceptions shall be approved by the City representative. ALTERATIONS 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 this Agreement. Upon written order of a City representative, Contractor shall proceed with the work as increased, decreased or altered. A. The City representative will make inspections and determine that the work has been completed. BILLING FORM A. Contractor shall provide a billing form and progress payment form approved by the City. METHOD OF WORK A. All sewer and storm drain work shall be performed per the Standard Specifications for Public Works Construction (Green Book), Latest Edition. B. All water system work shall be performed per the City's Standard Specifications for Construction for Domestic Water and Recycled Water Facilities, Latest Edition. C. 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. D. 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. E. 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 5 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. F. The Contractor shall provide street sweeping as directed by the City to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). G. The Contractor shall provide storm drain pollution protection per the City NPDES Program. on Potential Budget Funds for Emergency Maintenance Work Domestic Water System Budget Funds FY 2014115 FY 2015116 60-94552-63204 (Valve & Hydrant Maint.) $123,600 $127,310 60-94560-64111 (Repair/Maint Pipelines) $92,700 $95,485 60-94563-63204 Valve & Hydrant Maint. $20,600 $21,220 TOTAL, DOMESTIC WATER $236,900 $244,015 Recycled Water System Budget Fun, 66-94660-64111 (repair and maint) 66-94660-63203 (Pipes and Fittings) 66-94660-63201 (Pipes and Fittings) TOTAL, DOMESTIC WATER 170-94860-64116 (Sewer Repairs/Maint) FY 2014115 FY 2015/16 $0 $1,060 $0 $530 ,120 FY 2014115 FY 2015/16 $132,615 $132,615 TOTAL, SEWER $132,615 $132,615 torm_Water System Budget Funds FY 2014135 FY 2015/16 1-94960-64116 (Storm Services) $6,615 $6,615 1-94960-64116 (Misc. Constr. Work) $1,105 $1,105 TOTAL, STORM WATER $7,720 $7,720 TOTAL, ALL FUNDS $377,235 $386,470 Note: These accounts are used for preventive, routine, and reactive (emergency) maintenance activities and therefore the contract amounts for emergency work are set at a not -to exceed value less than what is shown here. Attachment 2 Department Emergency Purchase Authorizations for City Council Meeting 9/2/14 Invoice Vendor Invoice # Date Description Invoice Amount Status Water Operations Fund (60) WA Rasic 337886 06/30/14 Repair water main at Via Cerro Rebal WA Rasic 337924 08/05/14 Repair water main at Brisas del Mar Total $ 7,011.12 Paid 4,188.84 Paid $ 11,199.96 Attachment 3 W s a Department Head, 1 have determined that an emergency condition exists that could interrupt the public health, safety or welfare of the community if the normal bidding procedures were followed. ''ou are therefore authorized to proceed immediately to purchase, without the bidding process, any necessary material, labor, equipment or supplies needed to normalize the emergency condition. 1. Describe this emergency: �%�, G'-o� Q� WAT f 2. Location of this emergency: (L�ouvz-n� 3. Estimated Cost of Materials/Supplies/Equipment, $ 4. Selected Vendors C�� JUL 10 2014 5. Estimated Cost of Labor/installation $ Y ---------------- 6. _e. ---- ----P--6. Selected Vendors A RASrc- All emergency purchases that would otherwise require the formal bidding procedure shall be submitted to the City Manager for his presentation to the City Council for ratification at the next regular Council meeting. Date to be ratified by City Council Department Head E City Manager Signa Date Date INVOICE # 337886 INVOICE DATE. 0613012014 JOB. 14SX49 8" AC Water Main Leak Repair Via Cerro Rebal/Val Ramona San Juan Capistrano, CA 92675 Rates Hours $ Amount Equipment Rate Hours Pay Reg Over Dbl Reg Over Dbl Reg Over $ Employee !,lame Code Time Time Time Time Time Time Time Time Dbi Time 15.00 Total Tapia, Martin OEPM 98.95 132.22 165.49 0 4. 5 - 528.88 827.45 $ 1,358.33 Hoag, Robert LAG4 74,13 98.01 121.88 0 10 0 980.10 - $ 980.10 Arnett, Alexander LAG2 70.78 93.06 115.35 0 2 7 _ 186.12 807.45 $ 993.57 McCradie, Gary PMPM 117.68 159.53 201.40 0 4 5 638.12 1,007.00 $ 1,645.12 Total Labor $ 4,975.12 Equipment Rate Hours Days Total Pick up Truck #1158 20,00 5 $ 10000 Service Truck #1940 27.00 9 $ 243,00 Equipment Trailer 92757 15.00 4 $ 60,00 Backhoe 590 #3038 55.00 8 $ 440.00 Barricade/Delineator #6180 1.00 15 $ 15.00 Traffic Signs #6199 5.00 2 $ 10.00 Air Compressor #7029 22.00 4 $ 88.00 Generator #8000 15.00 8 $ 120.00 .lumping Jacks #8002 100.00 2 $ 200.00 Roto Hammer #8013 70.00 2 $ 140.00 Wafer Pump 2" #8014 50.00 4 $ 240.00 Dump Truck Plat #2022 38.00 10 $ 380.00 Total Equipment $ 2,036.00 Material Total Subtotal Material $ 15 % Mark-up on Material $ j Total Material $ Subcontractors Subtotal Subcontractors $ 15 % Mark-up on Subcontractors $ ToW Subcontractors $ ! Total Invoice $ 7,011,12 Please note4klllftrI&tlealtEat�t§hatrtt�rf?siil�tsEll -73 "Porruv.ares�c.rarro state c€3n'rackor's license OA30761 W. A. Rasic Construction 4950 Long Beach Boulevard Long Beach, CA 90807 INVOICE CLIFNT: City of San Juan Capistrano. PROJECT. Repair water main at Via Cerro Relaal CLIENT PROJECT NUMSERlPO: WAR PROJECT NUMBER. 14SX-49 ATTENTION: Hate: 6112114 Vaily Work Report #: 90053 Tow lnvolce $ 6,535.10 Rates Hours Arnount Pay Reg Over Dial Reg Offer bts] Rtg OvEr DN Emplo ee ]dame Code Time Time Time 'trcne Time Tuna Time Time Arne. Total Marty Tapla OEFM 98.$5 132.22 165.49 4 5 528.88 827.45 $ 1,358;33 Robert Hoag . Lag4 74.13 98.01' 1.211:$8 10 980,10 $ 380.10 Alex Amett Lag4 74.13 98.01 121.88 2 7 196,02 853:16 3 1,049.18 Gary McCreft PMSP 114.87 153.56 192.26 4 5 614.24 961.25 $ 1,575:49 Total Labor $ 4,961.10 FqTpmant Rate Hours Days Tota] Backhoe 580 Case 46.60 8 $ 3£8:00 Sots Tail Dump Truck $8,00 10 $ 380.00 Service Truck 27.00 9 $ 243.00 Equipmentl'racier 15.00 4 $ 50.00 P1'ckup 20.00 5 $ ID0.00 _ Air Compressor 22.00 4 $ 88.00 Generator 10.00 8 $ 80X0 Tratfio 5ign5 6.00 2 $ 10.00 Wacker 100.00 1 $ 100.00 Delineatora+Conea 1X0 15 $ 15.D0 Rotory Hammer 70X0 t $ 70.00 2" water pump 60.00 7 $ 60-00 Total Equipment $ 11574,00 riAate[ial Total MMaterial ark -up 15% Mark-up TctW Material $ - Suhcontractors. Subtotal Subcontractors - Mark-up 15% $ Total Subcontractors $ Tow lnvolce $ 6,535.10 4 �� �°' `� �.�� ` X113 �' • �' As a Department Head, i have determined that an emergency condition exists that could interrupt the public health, safety or welfare of the community if the normal bidding procedures _ were followed. You are therefore authorized to proceed immediately to purchase, without the bidding process, any necessary material, labor, equipment or supplies needed to normalize the emergency condition. 1. Describe this emergency. '7/19/14- 3:Mg.�. � 13gnY--Lon IAA3,, _ ' Qw I\ 2. Location of this emergency: Zit ! L A� 5KISAs 3. Estimated Cast of MateriaISIS upplies/Equipment, $ 4. Selected Vendors 5. Estimated Cost of Labor/installation $ 5. Selected Vendors 'O . All emergency purchases that would otherwise require the formal bidding procedure shall be submitted to the City Manager for his presentation to the City Council for ratification at the next regular Council meeting, Date to be ratified by City Council Department h City Manager Date —el3 ®ate accounts Payable will pay approved vendor invoices with an appropriate and valid purchase order number issued from Finance. if a purchase order number was not issued for any reason other than those listed above prior to procurement, the department shall explain below the circumstances regarding the need for payment without a Cite issued Purchase Order. i. Reason for executing purchase without Purchase Order: Ct����c-� �� � ��Tv�i�•1 - Nit 5 ;- A ti-a�s `L�,,,, Q� t !`a fiTa— - h Ccs'S'o vz` �,.y-c'r 1 �ll`'� �l �c..4.1 �Q E.� Cath 1• "A0 14 i iUT FWTIATM�'� City of ' San Juan Capistrano CHECK REQUEST Adriiinistrative Services Department Name: W.A. RABIC CONSTRUCTION Address: 4150 LONG BEACH BLVD FY Invoice Number Invoice Date -Amount Requested Account No. 337924 8/5114 $ 4,188.84 60-94560-64111 -00000-000 Check stub to contain the following: X8181 BRISAS DEL MAR -REPAIR 8' MAIN F -VA AT TAWeD Check Requested By- Employee: Department, Department Approval: Transmittal Instructions: [:]Return Check To: OMail With Attached: Other (specify) TCT JOHNSON For Administrative Services Use Only Mendor Number Warrant Number, Approved: Date:. , 8111/2014 Date: �,#?3Y?"[2 /ar . �.i'4F(i'x$•�C'i �:iaia°r�ztsc.xoZg ILL TO City of San Juan Capistrano 324011 Paseo Adelanto Says Juan Capistrano, CA 92878 JOB: 1 4SX58 Repair 8" DI Main 28161 Brisas Del Mar San Juan Capistrano, CA 92675 4150 Long Beach Boulevard, Long Beach, CA 90807 e 562-928-6111 m fast: 562-928-7338 - www.waresic.com state contractor's Iteense 4AS68761 Rates Total tabor Hours y Amount - Hours Days . Pay T e Over 20,010 e Over DW , > Equipment Trailer 92757 .., ..bI __lyee Mame de Time DblTime T -Fame Time Time tverTile rime Total MaCredie,.Cary OFFM 102.21 136.36 170.51 0 9 0 1,227.24 - $ 1,227.24 Sibley, Steve LAG4 77.25 102.20 127.15 0 9 0 919.80 - $ 919.80 Maldonado, Antonio LAG4 77,25 102.20 127.16 0 9 0 - 919.80 $ 919.8 3 4150 Long Beach Boulevard, Long Beach, CA 90807 e 562-928-6111 m fast: 562-928-7338 - www.waresic.com state contractor's Iteense 4AS68761 Total tabor 3,966.84 �qtiprnent .. Rate Hours Days . Tbtal Pickup Track 11158 20,010 9 .. . $ 180.00 Equipment Trailer 92757 1.5.00 4 Air Compressor 97029 22.00 4 88.00 Paving Truck #2016 42.00 9 378.00 Backhoe 310 X025 52.00 8 $ 416.00 Total Equipment $ 1,122.00 Mater€a1 . None i € Subtotal Material $ 16 % Mark-up on material $ - Total Material ¢ $ - Subi ontractors None �C5-g45(pp- ��r4�� - �JQ�� CQC'J Subtotal Subcontractors $ - 16 % Mark-up on Subcontractors $ - Tow Subcontractors Too invoice 4,188.84 Please note Third Party Invoices & Subcontractors that are not billed on this period wilt he billed next_ M 3 4150 Long Beach Boulevard, Long Beach, CA 90807 e 562-928-6111 m fast: 562-928-7338 - www.waresic.com state contractor's Iteense 4AS68761 WA. BASIC CONSTRUMON DAILY WORK REPORT zwyx«wver.3emnysa+m 418fiJ pr}g iaGhB[,.LOTF4,��a�#t CA9D8R7* PH:562-928 Bii1 FA3Ci 5Ef2929 i33B 82007 www.warast�:cari� CLIENT NAME: 0 4 j7 4 4a COWRACT COST PLUS IT &i� �tVA- RASEC fOE3 NO: 2 �y !' ".! .1LdF,TPitlMEILOCATiON�.ZI)��-��rCc� � DATE: s" oAY ri H p 71esf Periods eciuire 10 mhda hest Breaks requhed for vejy 4 ticun i WEATHER CoNCE1;i S l o€ work Rai Breaks lobe scheduled h tte midda Of each wait period„ AnyAccds IaReportedTad*, e fit AS. a=chAcddere;amilnrSafetyJlnesthgReprV SsEeh'Meeunp 7ade5�l tio�Yes.�,_ Lcsibla- f,e: Before Lurch, After Lvach�. � : (if 1�?� affech Safety iAaet7Rg Rel f) Undcrp? Ind Seericeasd(MA) NOM -Al' No_ YG� 7 t=i~r - fn % l.S3 '� I� � � d G � -r � daveWSae�Vtlladni #��......_... 4 F5LFLttE:NAJE M'LDY�- ` LAST FrRST Mi NUMi3Ef{. CODE o,x. n:T. rn m cp a v5 Q CD N C tV U. W .,d m I u r• , m oc r CJ m u1 O Q cr, t N N m Oak G, --I 4—i tn. to -tri v y m oo n N CD cu N N U 0 v u m � I -w 1-1 taV)� ate, m D v D3 ia, kn CV f7'7 ice-+ F C7 U) N to CACDl LY) Q, -1 ti tai cu vx -Ln- 'va' .V� L y y Ln co WI) tt1 W>E m' LO N m r•! IH N l,4 i.D o is � �'• �i � cei t1r 06 cs 0 Ln u © 0 C07 Q w w H m a) t o� 7 lC t6 co co rr, Vi N 0ou to to v', f --ini t r -v- Q- X d� N � Qj 4s m c� m m N, u oc ?+ as a, V), �In trr +n c7 M C3 N Ln r51 N N � 4 co ! � cn m cu i m w ccs *' a✓s tra t€ �i �' m A O M O n L y O lD Ifl: o0 t!>• t1? v'� th 4 YYI � L E L6 � p_ 7 u a HE N v 2 O L i.2. O l3 (D 0 U AN JUAN 'APISTRANO C9 A N (, S DOCUMENT TRANSMITTAL FORM € ;t This form is for the transmittal of documents for signature, .9 (e.g. Agreements, Contracts, Deeds, Easements) Date: � � ( f '..... -- — Agenda Item No. (ii �pl�lical�lcj;_ City Council,SJC11A or SAC . Meeting Irate (if app.11cabit"): - e1fd- cll�tz of duce et�t tt�d/or eryices provided. ..-,.____,_ _ T Submitting Departwent. & l_ � ._..._ Staff Contact. Please sign each original of' the attached document, when.: indicated and circulate in the below route order as applicable (Please note the procuremeut limitations below). When the do€ ment is fully executed; the City Clerk will provide a signed copy to the submitting department and to the; Financial Services Department (when applicable), and will mail a. signed. original to the contractor/consultant.. Step 1 R Ptirchasirng -- For Procurement Contracts/Agreements (if applicable) $3,000 or less ity — No Purchase Order- Required — SR..)]' —?urther rowing rant necessary) 51001 - S10,000- Author it)) &, 510,001 - $45;000 -- {Ciilj YMar oger's,,lufhorit ) L $45,001 or over-(C,irvCoiurrcilApprovalReq,rtred*)*Date ofCouncilApprowd:._.-.. `oi-Re,,oiutiojr-Vis. Public Contracts W-000 or less (Cita Alam,4&r°sAuthoriri,Reglnr•e,�) =Public P€rblic Contracts over $45,000 — or Resolution. No.� Step 2 ]'Department Bead Approved Not Approved Not Applicable: Director's Initials/Date Step 3 j City Attorney- Step 4 E 1"iTia'nce Funding Available .No Funding Available. Budget Amendment: Required Notes Finance Initials/.mate <,:.. _ _Vf age Step C. itv an r Approved mm 'ti s..�.i..cans.,.... ^'�u-�:��::^,..,r ,�. �..\w.. '-u o.�,,,r. .... . Not Approved Approved (� Not .Applicable - Denied City Attorney Initials/Date - Cit Manager's Initial's/Bate: Step 6 F Insurance Requirements (if applicable) 'f2lllark the reyuar enzenis incltmh d in the aitac`hed doc'at>fi7oii. Commercial/Gencral I,iabiiit}r Additional ]nsured Endorsement Auto Liability E= Worker's Compensation =Professional.11)-for s and C31nissions Not Applicable Publ.rc Warks Contracts L abor/Nlaterial & 11 rear ance .iR ds <� Step 7 ❑ City Clerk (for Final Routing) = Approval Process Completed — Copy of Contract Transmittal Form with documents forwarded to FS Department or back To the, originating department as appropriate. Denied Returned to subi-nitting department. Please provide the fallowing and rettirri to the City Clerk's Office: C ity Clerk's lnitia.]-s/Carte: Page 1 of 2 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1971 (949) 493.1053 FAx TRANSMITTAL TO: Doty Bros, Construction Company 11232 E. Firestone Blvd Norwalk, CA 90650 ©ATE: October 9, 2014 i ;-I i 1 MEMBERS OF THE CITY COUNCIL 119 I f €n A Pon atE¢ SAM ALLEVATO s.Si�eiI 'g�� ROY L. BYRNESS, M.D. 1776 LARRY KRAMER DEREK REEVE JOHN TAYLOR FROM: Manny Ruelas, Administrative Specialist (949) 443-6308 RE: Personal Services Agreement — On-call Water, Sanitary Sewer, and Storm Drain Maintenance, Repair, and Replacements Services. Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Betsy Dubois, Administrative Specialist at (949) 234-4414, An original agreement is enclosed for your records. Cc: Betsy Dubois, Administrative Specialist Eric Bauman, Utilities Engineer San Juan Capistrano: Preserving the Past to Enhance the Future Printed on too/ recycled paper