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Resolution No. 8728 ,r 1 2 3 4 5 6 7 8 alternate RESOLUTION NO. 8728 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND COLICH & SONS, L.P. FOR EMERGENCY WATER AND SEWER REPAIRS WHEREAS, the City of Vernon needs the services of two consultants to perform emergency water and sewer repairs on 9 an as-needed basis (hereinafter referred to as the "Emergency 10 Repairs") in order to ensure availability in the event of an emergency 11 associated with water and sewer infrastructure related failures; and 12 WHEREAS, on November 3, 2004, the City Council of the City 13 of Vernon adopted Resolution No. 8582 approving a Request for Proposal 14 for Emergency Water and Sewer Repairs ("RFP"); and 15 WHEREAS, the RFP was sent and responses were received from 16 the following seven firms: Mike Prlich & Sons, Inc., Colich & Sons, 17 L.P., John T. Malloy, Inc., Zondiros Corporation, Rasic Construction, 18 Miramontes Construction and Herman Weissker, Inc., all of which were 19 reviewed and evaluated by the Community Services & Water Department; 20 and 21 WHEREAS, the Community Services & Water Department deemed 22 Mike Prlich & Sons, Inc. and Colich & Sons, L.P. ("Colich") to be the 23 two firms most qualified in terms of experience and technical 24 expertise submitting a proposal; and 25 WHEREAS, by letter dated April 20, 2005, Bruce V. 26 Malkenhorst, City Administrator/City Clerk, recommended that an 27 agreement with Colich be approved and executed for the emergency water 28 and sewer repairs. y 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 2 CITY OF VERNON AS FOLLOWS: 3 SECTION 1: The City Council of the City of Vernon hereby 4 finds and determines that the recitals contained hereinabove are true 5 and correct. 6 SECTION 2: The City Council of the City of Vernon hereby 7 accepts the proposal of Colich and approves the Services Agreement, a 8 copy of which is attached hereto as Exhibit A and incorporated by 9 reference. 10 SECTION 3: The City Council of the City of Vernon hereby 11 authorizes the Mayor to execute said Agreement for, and on behalf of, 12 the City of Vernon and the City Clerk is hereby authorized to attest 13 thereto. 14 SECTION 4: The City Council of the City of Vernon hereby 15 directs the City Clerk, or his designee, to send one fully executed 16 Agreement to: Colich & Sons, L.P. Attn. John Milan Colich, Chairman 547 West 140~ Street Gardena, CA 90248 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this Resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 27th day of April, 2005. ~c., _~'A , ~~; t-r-i.-- . , ~IS C. ~, Mt/:r 28 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8728, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, April 27, 2005, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, (SEAL) - 3 - EXHIBIT A SERVICES AGREEMENT This AGREEMENT ("Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 27th day of April, 2005, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue Vernon, California 90058 AND MIKE PRUCH & SONS, INC., an independent contractor, hereinafter referred to as the "Contractor" 9316 Klingerman Street SouthEI Monte, California 91733 RECITALS WHEREAS, the City has determined to retain the services of an independent contractor to perform emergency water and sewer repairs on an as needed basis; and WHEREAS, Contractor has prepared a proposal dated November 19, 2004, for the Services, a copy of which is attached hereto as Exhibit A and incorporated by this reference (the "Proposal"); and WHEREAS, Contractor represents that it is qualified and capable of furnishing the labor, materials and expertise necessary to perform the Services that the City requires, as set forth in this Agreement, and is willing to do so on the terms and conditions set forth below; and WHEREAS, the emergency services have been bid, and Contractor's cost proposal is acceptable to the City; and WHEREAS, the City desires to enter into an agreement with Contractor to provide the emergency water and sewer repair services on a contract basis as defined in the terms and conditions set forth below. Page 1 of 22 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. TERM OF CONTRACT 1.01. This Agreement will become effective on May 1, 2005 and will continue in effect for a period of one (1) year or until terminated as provided in this Agreement. City shall have the option to extend the Agreement in one (1) year increments. SECTION 2. DEFINITION OF TERMS 2.01. Whenever used in the Agreement, the following terms shall mean: A. "Agreement" shall mean that formally executed Agreement or Contract which includes the Contract Documents attached. The Agreement constitutes the entire agreement between the parties relating to its subject matter. B. "City" shall mean the City of Vernon, California, the entity which has executed the Agreement and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. C. "Contractor" shall mean Mike Prlich & Sons, Inc. and where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. D. "Contract Documents" shall include any inquiry, invitation to bid, or proposal which may hcwe, but not necessarily, preceded execution of the Agreement, and including the General Provisions and all exhibits and schedules attached to the Agreement and all plans and specification identified in the Contract Documents. E. "Contract Price" shall mean the compensation set forth or provided for in Section 4.01 of this Agreement. Whether it expressly provides for the reimbursement of costs incurred by Contractor or simply for the payment of a lump sum of money, it is intended to be the full and complete payment for satisfactory completion of the Work and, unless otherwise stated, to cover all costs whether for materials, equipment, tools, labor, services and taxes and all overhead, rentals and profit or fee, if any. F. "General Provisions" or "General Conditions" shall mean the General Provisions as set forth in this Agreement. Page 2 of 22 G. "Premises" shall mean the physical premises under City's control or ownership where Work hereunder is to be performed. H. "Proprietary Information" and "Confidential Information" shall mean all information, whether written or oral, which Contractor acquires from, through or on behalf of City, directly or indirectly, or which arises out of the Work, concerning the Work or proprietary processes involved in the Work including, without limitation, information concerning past, present or future business plans of City, information about the operations of City's Premises, and other City information or know-how obtained during the Work, except information falling into any of the following categories: 1. Information which, at the time of disclosure hereunder, is in the public domain; 2. Information which, after disclosure hereunder, enters the public domain, except where such entry is the result of Contractor's or any entity within Contractor's control breach of this Agreement; 3. Information which, prior to disclosure hereunder, was already in Contractor's possession without limitation regarding disclosure to others; or 4. Information which, subsequent to disclosure hereunder, is obtained by Contractor from a third party who is lawfully in possession of such information and not subject to a contractual or fiduciary relationship to City with respect to said information and who does not require Contractor to agree to refrain from disclosing such information to others. I. "Subcontractor" shall mean any first or lower-tier subcontractor and its employees, representatives, agents, subcontractors or other personnel who have been approved in the manner required by this Agreement. J. 'Work" or "Services" shall mean the work performed by Contractor and required to be performed from time to time by City under this Agreement. Page 3 of 22 SECTION 3. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 3.01. Contractor agrees to perform emergency repair services for the City's water and sewer systems in a timely manner. Contractor's Services shall include, but will not be limited to, repairing water main and valve leaks and breaks, sewer stoppages, collapsed sewer mains, broken sewer laterals, and other sewer and water problems. The Contractor's Services are more specifically detailed in the Proposal attached hereto as Exhibit "A" and incorporated herein by this reference. 3.02. Contractor shall be responsible for traffic control on the Work site when necessary and shall take all precautions to ensure the safety of pedestrians, vehicular traffic, and personnel. 3.03. Contractor shall take all necessary steps to protect the storm drain system from discharges of construction-related wastewater, including: saw cutting slurry, concrete washout, sediment-contaminated runoff, sewage overflows, or highly- chlorinated discharges from water line testing. Compliance with this Section will require the use of Best Management Practices ("BMPs") such as providing sediment controls on downstream storm drain inlets, collecting and removing saw cutting slurry, providing an area for concrete washout, and directing highly- chlorinated discharges to the sanitary sewer or by dechlorinating this water. Contractor shall comply with all state and federal laws relating to stormwater runoff. 3.04. Contractor shall perform all labor, work, or other operations required for fulfillment of this Agreement, including tools and equipment, in strict accordance with the provisions defined in the Request for Proposal, a copy of which is attached hereto and incorporated herein by reference, the American Water Works Association (AWWA) standards, the American Public Works Association (APW A) standards, and the current City of Vernon Specifications and Details. The Contractor shall also furnish all transportation and services, including fuel, electricity, water safety equipment and essential communications. Change of Services 3.05. City may at any time, by written change order executed by the City Administrator, make changes only to extend the Work duration and total compensation of Contractor's Work. Changes in the scope of Work, or duties and obligations, shall be authorized only by the City. Page 4 of 22 " 3.06. City may make "Changes" by increasing, reducing or deviating from the requirements of the scope of Work. A form of Change Order is set forth in Exhibit B attached hereto and incorporated by reference. Timing of Services 3.07. Contractor's Services shall commence upon the execution ofthis Agreement by both parties and award by the City Council and shall end after a period of one (1) year, unless this Agreement is otherwise terminated according to Section 6 of this Agreement or extended according to the conditions and terms set forth in this Agreement. 3.08. Time is of the essence for all Work contemplated by this Agreement. Contractor shall start performing Services under this Agreement only after notification by the City, in accordance with Section 5.03 of this Agreement. After notification, Contractor will make a good faith effort to start repairs withintwo (2) days of notification or in accordance with a written schedule approved by the City. If repair work cannot be completed within this period, Contractor shall provide the City a full damage assessment, cost estimate and completion schedule within two (2) days of notification. Normal work hours are Monday through Friday 7:00 am to 5:00 pm. 3.09. City may request Contractor to start Work within eight (8) hours or in as little as four (4) hours depending on the urgency of the repair. Contractor may be entitled to the premium set out in Section 4.03 of this Agreement if Contractor complies with a request from City to start Work within eight (8) hours. Contractor may be entitled to the premium set out in Section 4.04 of this Agreement if Contractor complies with a request from City to start Work within four (4) hours. 3.10. City may request that Contractor work outside of normal working hours (7:00 am to 5:00 pm Monday through Friday). If Contractor complies with a City request to work outside normal working hours, Contractor may be compensated according to the terms and conditions set forth in Section 4.05 of this Agreement. Method of Performing Services 3.11. Contractor will determine and is responsible for the method, details, and means of performing the above-described Services. Status of Contractor 3.12. Contractor enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor. Contractor agrees that it is not and will not become an employee, partner, agent, or principal of City while this Page 5 of 22 Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, and other insurance, worker's compensation, training, permits, and licenses for itself and for its employees and subcontractors. Contractor shall have complete and sole control over its employees, the details of the Services and methods by which the Services are accomplished, it being understood that City-is interested only in the results to be obtained by Contractor. 3.13. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement does not create a partnership or joint venture between the parties. Payment of Taxes 3.14. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by City to the Contractor for Services under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor's failure to comply with this provision. 3.15. Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on behalf of Contractor or for the employees of the Contractor. Contractor shall not be treated as an _ employee with respect to the Services performed hereunder for federal or state tax purposes. Contractor shall be responsible to pay taxes mandated by law. 3.16. Since Contractor is not an employee of City, Contractor is not eligible for and shall not participate in any employee benefit of City, including pension, health or other fringe benefits. SECTION 4. COMPENSATION 4.01. In consideration for the Services to be performed by Contractor, described in Section 3 of this Agreement, City agrees to pay Contractor on a labor, materials and equipment basis. Payment shall be based on time at the Premises and payment shall not include costs or labor related to mobilization and/or demobilization. Time shall be calculated as the period between when Contractor arrives at the job site and ceases when Contractor leaves the job site, with a four (4) hour minimum charge. Labor will be based on hourly rates payable to the nearest six (6) minutes (tenths of one hour). City agrees to pay Contractor for Work completed according to the following rates (the "Contract Price"): Page 6 of 22 Labor (including markup, overhead etc.) for the following job classifications: A. Equipment Operator $80.00 Per Hour B. Traffic Controller- $56.00 Per Hour C. Plumber/Laborer $60.00 Per Hour D. Foreman/Supervisor $84.00 Per Hour E. Teamster $68.00 Per Hour (Working Truck Driver) Equipment used for repair: F. Dump Truck (5 yd. Bobtail or comparable) $260.00 Per Job Trip Per Day G. Service Vehicle (utility body pickup) $ 90.00 Per Job Trip Per Day H. Backhoe (Case 580E or comparable) $260.00 Per Job Trip Per Day I. Compressor (150 cfm) J. Roller 3-STON $120.00 Per Job Trip Per Day M. PK TRK $200.00 Per Job Trip Per Day $270.00 Per Job Trip Per Day $ 50.00 Per Job Trip Per Day $ 75.00 Per Job Trip Per Day K. Loader L. Tilt Trailer Any labor or equipment not identified above, but provided in the Services shall be compensated as provided for under "Extra Work" in the most current edition of the Standard Specifications for Public Works Construction (the "Greenbook"). Notwithstanding the foregoing, Section 3-3.2.3 of the Greenbook regarding Markup shall be modified as follows: Page 7 of 22 Work by Contractor - The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: Labor............................................. 20% Materials........................................ 15% Equipment RentaL........................ 15% Other Items and Expenditures....... 15% To the sum of the costs and markups provided for in this subsection, one percent (1%) shall be added as compensation for bonding. Work by Subcontractor - When all or any part of the Services is performed by a Subcontractor, the markup established in 'Work by Contractor" above shall be applied to the Subcontractor's actual cost of such work. A markup of ten percent (10%) on the first Five Thousand Dollars ($5,000.00) of the subcontracted portion of the Services and a markup offive percent (5%) on work added in excess of Five Thousand Dollars ($5,000.00) of the subcontracted portion of the Services may be added by the Contractor. 4.02. In consideration for services to be performed under Section 3 of this agreement, City agrees to pay Contractor for materials according to Section .5.06 of this Agreement. 4.03. In the event that Contractor complies with a request from City to start Work within eight (8) hours, City agrees to pay Contractor a premium of $1400.00 per request. 4.04. In the event that Contractor complies with a request from City to start Work within four (4) hours, City agrees to pay Contractor a premium of $2400.00 per request. 4.05. If Contractor complies with a request from the City to Work outside of normal work hours (7:00 am to 5:00 pm Monday through Friday), the hourly rates City shall pay Contractor, outlined in Section 4.01 of this Agreement, shall be increased by forty-five percent (45%). The increased rates shall only apply to time Contractor performs Work outside of normal work hours and to the extent. requested by the City. Entire Compensation 4.06. The Contract Price is full and complete compensation, and constitutes the entire compensation due Contractor for the Services and any and all of Contractor's obligations hereunder. The Contract Price includes without limitation compensation for applicable taxes, customs duties, fees, overhead, profit, travel time to and from the Premises and all other direct and indirect costs incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not Page 8 of 22 - subject to escalation for any reason except as expressly set forth in this Agreement. No adjustments in compensation shall.be made as a result of changes in the value of any currency. The Contract Price shall only be adjusted by formal, written Change Order or amendment to this Agreement. If the City opts to extend the term of the Agreement, Contractor's rates, as listed in this Agreement, shall be increased or decreased by seventy-five percent (75%) of the Consumer Price Index (all Urban Consumers) for the Los Angeles-Riverside- Orange County area for the twelve (12) month period prior to the beginning of each extension. Payment of Compensation 4.07. For Services rendered under Section 3 of this Agreement, Contractor shall be entitled to receive monthly payments. Contractor shall submit to City a monthly invoice and statement of Services, prepared in accordance with City requirements, by the fifteenth (15th) of each month, for the prior calendar month's completed Work. City will make payments to Contractor within thirty (30) days after acceptance and approval of the invoice received from Contractor. 4.08. Contractor shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Compensation for Changes 4.09. The compensation due Contractor, or the credit due City, for changes may not be established verbally, arid shall be established in a written change order signed by City as described in Sections 3.05 and 3.06 of this Agreement. Compensation adjustments in each such change order shall be established by one or more of the following bases, as determined by City: (a) a lump sum price to be negotiated between the parties; or (b) Work unit rates to be negotiated between the parties. Once established, the amount of the compensation due Contractor or credit due City for a change shall not be subject to adjustment for any reason, including changes in the value of any currency. SECTION 5. OBLIGATIONS OF THE PARTIES 5.01. Contractor is responsible for meeting all conditions of this Agreement and City Standards & Details for all Work performed. Substandard Work, as determined solely by the City, shall be redone at the expense of the Contractor. 5.02. Contractor is responsible for damage resulting from performing repair and clean up of the affected area. Page 9 of 22 Warranty 5.03. Contractor warrants to City, for one (1) year from the date of any repairs, that the repairs shall be free from defects in material and workmanship. Contractor shall be liable for the replacement and installation of any parts that fail through a defect in material or workmanship at no charge to City during such warranty period. 5.04. City will notify Contractor of general locations requiring repair and a general description of the field conditions at repair locations. City makes no guarantee of the total quantity of Work to be provided. Notification of properties whose service may be interrupted will be the responsibility of the City. 5.05. City shall not be responsible for the accuracy or completeness of information or data shown on the City's water, sewer, or storm drain system base maps or any other utility information. Contractor shall have full responsibility for reviewing and checking all such information and data, for calling Underground Service Alert, for locating all underground utilities, for coordinating the Work with owners of such underground utilities during construction, for the safety and protection thereof and repairing any damage thereto resulting from the Work, the cost of which will be considered as having been included in the Contract Price. Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary. All paved areas, including curb, gutter, and sidewalk, cut or damaged during construction, shall be replaced with similar material of equal thickness to match the existing adjacent undisturbed areas. Contractor shall comply with the City of Vernon Trenching Standard Plan described in Exhibit "C" attached hereto and incorporated herein by reference. 5.06. Contractor will perform the Services under this Agreement on City's Premises during regular business hours. Tools, Materials, and Equipment 5.07. Contractor will use materials and supplies from the City inventory or vendor identified by Contractor. A maximum mark-up of ten percent (10%) on materials supplied by Contractor will be allowed. Contractor shall supply City with an original receipt of all materials utilized on the job. The use of the City's inventory will be at the City's sole discretion. There will be no cost to the City for materials and supplies used from the City's inventory. Liability Insurance. 5.08. Contractor and its subcontractor(s), if any, shall, prior to commencement of any Work and for the duration of this Agreement, obtain and maintain at its own Page 10 of 22 expense, those minimum levels of insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall provide the City with proof of insurance providing and maintaining the coverages and endorsements set forth below. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to the City. 5.09. The insurance coverage as listed herein, shall be properly endorsed to include those contractual obligations which may be identified further within this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured. 5.10. Contractor shall cause its insurers to issue, including but not limited to, Certificates of Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 5.11. Contractor shall ensure its subcontractor(s), if any, maintain those insurance requirements as specified in this Agreement and are endorsed as additional insured(s) on all required Contractor insurance coverages. Contractor and its subcontractor(s), if any, shall maintain in effect the following minimum insurance coverages on an Occurrence Form Policy: A. Workers Compensation within the statutory limits, including occupational illness or disease coverage in accordance with the laws of the nation, state, territory, or province exercising jurisdiction over the Contractor's employees. Workers Compensation and Employers Liability Insurance shall have a minimum limit of $1 ,000,000 per occurrence. Contractor further agrees to hold harmless and indemnify City for any and all claims arising out of an injury, disability, or death of any of Contractor's employees or agents. B. Comprehensive General Liability Insurance, including, but not limited to, Contractual Liability, Products'and Completed Operations Liability, Broad Form Property Damage and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a minimum combined single limit of $2,000,000 per occurrence. C. Comprehensive Automobile Insurance, including, but not limited to, all owned, non-owned or hired vehicles with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. D. Excess Liability Insurance with limits of $2,000,000. Such evidence of insurance can either be through the primary insurance coverages or through an excess policy. Such insurance shall at all times be on an Page 11 of 22 . , occurrence form and provide policy conditions as broad as those required in the primary insurance. 5.12. Contractor agrees to provide insurance in the amounts and forms specified above. Contractor shall submit to the City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Agreement. Contractor shall not commence performance of its Work under this Agreement until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. 5.13. Contractor shall not permit a subcontractor or vendor to perform work on City premises unless and until a certificate of insurance is obtained showing that such , subcontractor or vendor has worker's compensation coverage. If Contractor employs subcontractors as part of the Services rendered, Contractor's protective coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth above. Representations 5.14. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and all costs of defense, arising out of or attributable to the negligent or wrongful acts of Contractor or its employees or agents under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. The terms of this indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. 5.15. Contractor and City represent that each has read and understands the Agreement and Contract Documents. The Contractor represents it understands the City's regulations concerning Premises access, badges, parking, security, safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that Contractor has visited Premises where the Work is to be done and is familiar with the local conditions under which it is to be done. ' Contractor also represents that it is experienced in performing and competent and qualified to perform the kind of tasks or assignments included in the Work and employs or has available for employment in sufficient numbers all unskilled, skilled, administrative, supervisory, professional and managerial or other personnel required to perform the Work as required by this Agreement. Page 12 of 22 " 5.16. Contractor represents that it has the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. Contractor has complete and sole discretion for the manner in which the Work under this Agreement will be performed. 5.17. Contractor declares and states that is has complied with and will continue to comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the Services to be performed under this Agreement. 5.18. Contractor agrees to indemnify, defend, and hold City free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorney's fees and costs, that City may incur as a result of a breach by Contractor of any representation or provision contained in this Agreement or any negligent or intentional acts or omissions by Contractor, it subcontractors, agents, and employees. 5.19. Contractor's rights under this Agreement may not be assigned nor may its duties be delegated or subcontracted without the prior written consent of City. Any assignment or delegation or subcontract in violation of this Section shall, at City's sole discretion, be void. Consent by City shall not relieve Contractor of responsibility for performance of Contractor's obligations hereunder. City may assign all or any part of this Agreement at any time effective immediately upon written notification to Contractor. Work Injury 5.20. The treatment and care of injuries sustained by Contractor's employees, subcontractors, representatives or other personnel shall be and remain the responsibility of Contractor. City's first aid facilities, if any, however, will be made available to Contractor's employees in emergency cases which are the direct result of accidents occurring on the Premises. City shall incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of action, claim, liability or costs, including attorney's fees, arising in whole or part out of the furnishing of such first aid facilities or assistance to Contractor's employees, subcontractors, representatives or other personnel, or out of the failure to furnish such facilities or assistance. Page 13 of 22 Records, Inspection and Audit 5.21. During the course of Work being performed, Contractor and any of its subcontractors, shall maintain and retain, not less than three (3) years after completion thereof, complete and accurate records of the Contractor's costs which are chargeable to the City under this Agreement. City or its designated, authorized representatives, shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by the Contractor shall include: (a) payroll record accounting for the total time distribution of the Contractor's employees working full or part time on the Work (to permit tracing to payroll payments in cash); (b) invoices for purchases, receiving and issuing documents, and all the other unit- inventory records for the Contractor's stores, stock or capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and any other third parties' charges; and (d) any other documentation City deems necessary to support costs and charges under this Agreement. Corporate Conduct 5.22. Contractor, its employees, agents or representatives shall not offer or give to an officer, official or employee of City gifts, entertainment, payments, loans or other gratuities to influence the award of a contract or obtain favorable treatment under this Agreement or any other contract. Standard of Care 5.23. Contractor agrees that all Services provided will be conducted by the principal and competent staff members, if any, under the supervision of the principal, and that Services will be performed and rendered diligently. Contractor represents that it has, or shall secure, at its own expense, all personnel required to perform Contractor's Services under this Agreement, but at all times shall be responsible for the Services of such personnel. Contractor may not employ any subcontractor without the prior written approval of the City. Indemnity Process 5.24. The City shall notify Contractor in writing of any suits, claims or demands covered by any indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall assume the defense of such claim with counsel reasonable satisfactory to City. If Contractor fails, within a reasonable time after receipt of such notice, to assume the defense with counsel reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of City the assumption and conduct of the defense by Contractor would materially and adversely affect City in any manner or prejudice its ability to Page 14 of 22 conduct a successful defense, then the City shall have the right to undertake the defense, compromise and settlement of such claim for the account and at the expense of Contractor. Notwithstanding the above, if the City in its sole discretion so elects, City may also participate in the defense of such actions by employing counsel at its expense, without waiving the Contractor's obligations to indemnify or defend. Contractor shall not settle or compromise any claim or consent to the entry of any judgment without the prior written consent of the City and without an unconditional release of all liability by each claimant or plaintiff to the City. Treatment of Confidential and Proprietary Information 5.25. For ten (10) years after the effective date of this Agreement, Contractor shall refrain from using any Confidential or Proprietary Information except in connection with the Work or from disclosing it to any third party other than to employees of Contractor who require it in performance of the Work and except to such other third persons as City may authorize in writing. If disclosure to such an employee or to other third persons is so authorized, Contractor shall enter into with said party a confidentiality agreement containing provisions with respect to use and disclosure of Proprietary Information substantially the same as those contained in this Agreement. 5.26. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary Information which City may supply to Contractor hereunder. Contractor may copy, in whole or part, such documents to the extent necessary for the performance of the Work, and Contractor shall return to City , upon the completion of the Work or request by City all such documents and copies. 5.27. Except as expressly permitted by prior written consent of the City, Contractor and/or its subcontractors shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity. Contractor and/or its, subcontractors shall return any written Confidential Information and all copies made of such items to the City upon the City's written request, but in any event not later than the date that Contractor has performed all Work to be performed pursuant to this Agreement. Contractor hereby agrees that such Confidential Information and any documents provided may be used by Contractor and/or its subcontractors only as authorized by the City. Contractor shall include a provision in its agreements with subcontractors that bind the subcontractors to this non-disclosure requirement. Page 15 of 22 5.28. All reports, plans, data, studies, maps, drawings, models, photographs, documents and other writings prepared by and for Contractor, its officers, employees, agents and subcontractors in the course of implementing this Agreement, with the exception of working notes, internal documents and Confidential Information provided by businesses located in City, shall be considered the property of City. Contractor shall deliver such documents and materials to the City as they are generated; however, Contractor may take and retain copies of said documents and materials that are not Confidential Information, as. desired. 5.29. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its Services pursuant to this Agreement are confidential until released by the City to the public and Contractor agrees that such documents shall not be available to any individual or organization without the written consent of the City prior to such release. 5.30. No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Contractor. Compliance with Authority 5.31. Contractor shall comply with all laws, regulations, executive orders and other applicable requirements of any governmental agencies having jurisdiction including the Fair labor Standards Act, the Occupational Safety and Health Act and all those relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. 5.32. Contractor shall make timely payment of all employment taxes and of all social security and other contributions of every kind required to be made with respect to or measured by the wages and salaries of persons employed by Contractor. 5.33. Contractor shall indemnify City against, and hold City harmless from, any liability or loss including liability or loss from fines or penalties arising out of Contractor's failure to perform the obligations imposed upon it by Sections 5.30 and 5.31 of the Agreement. Progress Reports 5.34. Contractor shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the Services being performed by Contractor under this Agreement. Page 16 of 22 Contractor's License Classification 5.35. Contractor shall possess a valid Class A General Engineering Contractor's license for the duration of this Agreement. SECTION 6. TERMINATION OF AGREEMENT 6.01. Unless otherwise terminated as provided in this Section or extended according to the terms and conditions set forth in this Agreement, this Agreement will continue in effect for a period of one (1) year after the effective date of this Agreement. Non-Default Termination 6.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days written notice to Contractor and such termination shall be effective in the manner specified in such notice and shall be without prejudice to any claim that either party may have against the other. During the thirty (30) day period after such notice is sent, the parties shall continue to act toward each other in good faith. 6.03. In the event of any such termination, in full and complete settlement for the termination of the Work, City shall pay Contractor for those Services performed prior to the date of delivery of the termination notice, plus compensation for (i) necessary Work performed during the notice period and authorized in the termination notice, and (ii) all costs reasonably and necessarily incurred by Contractor directly attributable to termination which could not reasonably have been avoided and for which Contractor is not otherwise compensated that are incurred through the date of termination and effectuating the termination ("Termination Expenses"). Termination Expenses shall not include lost profits, lost opportunities, consequential damages, or the like. In no event shall total payment exceed the Contract Price. Termination on Occurrence of Stated Events 6.04. This Agreement will terminate automatically on the occurrence of any of the following events: A. Bankruptcy or insolvency of either party; or B. Sale of the Contractor; or C. Assignment of this Agreement by Contractor without City's written consent. Page 17 of 22 Termination for Default 6.05. If Contractor defaults in the performance of this Agreement or materially breaches any of its provisions, City may immediately terminate this Agreement by giving written notification to Contractor indicating the effective date of such termination. Termination will take effect immediately upon the date specified in the notification. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: A. Contractor's failure to perform, in a manner satisfactory to the City in its sole discretion, the Services specified in Section 3 of this Agreement; or B. Contractor's material breach of any obligation or provision contained in Section 5 of this Agreement. 6.06. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agr~ement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 6.07. In the event of any termination of this Agreement or reduction in the scope of the Work, Contractor shall not be entitled to damages for loss of profits for the unexecuted portion of the Work or any other damages because of such termination or reduction. Page 18 of 22 SECTION 7. GENERAL PROVISIONS Notices 7.01. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses set forth below, or at such other address as may be furnished by either party to the other in writing. Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day the facsimile was sent. Mailed notices will be deemed communicated as of the day of receipt or the third (3rd) day after mailing, whichever occurs first. Contractor - Mike Prlich & Sons, Inc. Attn: Mike Prlich, Owner 9316 Klingerman Street South EI Monte, CA 91733 City - City of Vernon, California Attn: Bruce V. Malkenhorst, City Administrator/City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 Fax: 626-350-3195 Telephone: 323-283-7852 Fax: 323-826-1438 Telephone: 323-583-8811 ext 260 Entire Agreement of the Parties 7.02. This Agreement supercedes any and.all agreements, either oral or written, between the parties with respect to the rendering of Services by Contractor for City and contains all of the representations, covenants, and agreements between the parties with respect to the subject matter of this Agreement and the rendering of those Services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement or a subsequent amendment or change order shall be valid or binding. No amendment or change in the provisions of this Agreement shall be made, except in a formal written amendment signed by Contractor and an authorized representative of the City, or in a written change order. Contractor expressly waives all claims for compensation based upon quantum merit, implied contract or oral contract. Each party represents and warrants that is has read and fully familiarized itself with this Agreement, and that such party has been fully authorized to sign this Agreement. 7.03. This Agreement shall be comprised of these included provisions, together with Exhibits A, Band C, which are all attached. In the event of conflict between this Agreement and any of the exhibits, including the Proposal, this Agreement shall prevail. Page 19 of 22 Partial Invalidity 7.04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Law and Arbitration 7.05. All disputes arising out of or rela.ted to this Agreement, the conduct of either party in connection with this Agreement, and the relationship and rights of the parties in connection with this Agreement, whether characterized as breach of contract, tort, or otherwise (except for those requesting injunctive relief) shall be determined by binding arbitration in accordance with the terms of this Section. The submittal of all matters to arbitration in accordance with the terms of this Section is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for claims by either party which seek injunctive relief, which claims shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three retired judges of the Superior Court of the State of California (the "Arbitrators") under the auspices of Judicial Arbitration & Mediation Services, Inc. ("JAMS"). Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to arbitrate (the "Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS panel.1f one of the parties does not select a retired judge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party will select the third judge for the panel. The third judge is to be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. The arbitration shall be conducted in Los Angeles, California. Any party may be represented by counsel and/or other authorized representative. In rendering a decision(s), the Arbitrators shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California and the terms of this Agreement. The decision of the Arbitrators shall be based on the evidence introduced at the hearing and a<(companied by a written. statement of decision as to each of the principal controverted issues. The Page 20 of 22 agreement of two of the three Arbitrators as to the resolution of the dispute shaU be a conclusive resolution. The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the selection of the last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in the California Code of Civil Procedure Section 1286.2. The validity and enforceability of the decision of the Arbitrators is to be determined exclusively by the California courts. Attorney's Fees 7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. 7.07. Neither party shall be considered in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. . 7.08. Except as may otherwise be specifically provided herein, this Agreement may be modified or amended only by a written document executed by both Contractor and the City and approved as to form by the City Attorney. 7.09.' The captions used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of the Agreement or any part thereof. 7.10. City reserves the right to award similar contracts to multiple contractors to ensure the City has adequate services. Page 21 of 22 IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown below. Executed at , California, on City: City of Vernon Name: Leonis C. Malburg, Mayor Date: ATTEST: APPROVED AS TO FORM: Bruce V. Malkenhorst, City Clerk Eric T. Fresch, City Attorney Mike PtAZ:s, Inc. Name: ' Title: MIKE PRLICH a SONS INC. 9316 KLINGERMAN ST. SO. EL MONTE. CA 91733 323.283-7852 FAX 626-350-3195 LIC#: 760474 A Contractor: MICHAEL A. PRLICH PRESIDENT Date: Name: Title: Date: Page 22 of 22 ~:.:.=.otS ,'" MIKE PRLICH & SONS, INC. 9316 Klingerman Street South El Monte, California 91733 . , Tel: (323) 283-7852 lIe. #760474 RESOLUTION BY THE BOARD OF DIRECTORS .\ 1 OF \' 'I I MIKE PRLICH AND SONS, INC. WHEREAS, The undersigned being all of the directors {or a majority} of the above-named corporation, hereby individually and collectively consent to the following resolution~ RESOLVED. That anyone or more of the following officers of th1s Corporation is hereby authorized to enter into any contract or execute any instrument in the name of and on behalf of the corporation. Such power is general MICHAEL A. PRLICH - PRESIDENT PETER A. Sf:RDARUSICH - SECRETARY/TREASURER & CHIEF FINANCIAL OFFICER RESOLVED FUTHER, That any of the above officers of this Corporation is hereby authorized to e.xecute any documents or instrument on. beha I f of the Cotporat it)n. The undersigned, being all of the directors (or a majority) of this Corporation. hereby adopt and consent to the foregoing resolut~j)a~ek ~. lecto.r ..... ---.' ~~~~ Director f 1 'hereby certi fy that this is a true copy of the original document. EXHIBIT A - { -- " ( : Mike Prlich and Sons Inc. 9316 Klingerman Street South El Monte, CA 91733 323-283-7852 FAX 626-350-3195 Proposal Background and Approach Mike Prlich and Sons Inc. understands that the City ofVemon wants a contractor who at any short notice can respond to any emergency whether sewer or water in a timely matter. The City has specific guidelines on payment outlined in their contract. Most importantly the City wants a qualified contractor. Methodologies Mike Prlich and Sons has an office staff capable of coordinating emergency sewer and water work with our competent field staff. We have the accounting system, capital, and accounts at all major suppliers to service the City of V emon' s needs Work Plan Mike Prlich and Sons Inc. when contacted by the City to do work would first notify USA alert to get proper clearance to excavate. MPS Inc. keeps a supply of material in their construction yard located in EI Monte to accommodate most sewer repairs between 4"- ,15". We have supplies of rock, Clay pipe, traffic control, sewage pumps, etc in house. In addition we have accounts at all water works supply houses to service you water repair needs. All of our foreman, superintendents, lead men, and truck drivers carry radios so emergency response time can be kept to a minimum. Once contacted by the City a representative of MPS Inc. would be sent to the site to determine the plan of action. He would take proper action to secure the site and would not leave the site unless it is safe to the public. This would include working crew 24 hours a day if necessary. Related Experience Mike Prlich and Sons Inc. performs work for various municipalities including, City of Los Angeles, Orange County Sanitation District, Los Angeles County Sanitation District, and City of Garden Grove. We have completed over 30 emergency projects for the City of Los Angeles ranging form $2000-1 million. See enclosed ContaOOJ : (- Mike Prlich and Sons Inc. 9316 Klingerman Street South EI Monte, CA 91733 323-283-7852 FAX 626-350-3195 Employee and Company Resume r The following is a list of project personnel employed Mike Prlich and Sons, 1. Mike Prlich 2. Mark Zaich 3. Dan Drewry 4. John Rojas 5. John Milosovich 6. Javier Reyes 7. MiI{e PrlichJr. 8. Peter Serdar Owner/superintendent Superintendent Mechanic Superintendent Foreman Foreman Consulting Engineer Office Manager 15 years 30 years 15 years 17 years 30 years 24 years 50 years 40 years The following is a list of sub-contractors that MPS Inc. has used in the past several years. Sancon Technologies Shenkel Trucking Pre-Con Products Longway Structures LNA Structures All American Asphalt Mission Clay Pipe Johnson-Bateman L. A. Signal E. J. Salgado Fletcher Trucking Insituform U-Liner '. r r : MikePrlich and Sons Inc. 9316 Klingerman Street South El Monte, CA 91733 323-283-7852 FAX 626-350-3195 Proposal Insurance Requirements Mike Prlich and Sons Inc is fully aware of the insurance requirements serforth by this contract. If selected we would have all the required insurance including the umbrella liability insurance. ' Michael Prlich <.-- ( ..- f' .. MIKE PRUCH & SONS, INC. References t. /'-- (. . .. r--, CITY OF VERNON REQUEST FOR PROPOSAL- El\1ERGENCY WATER AND SEWER REpAIRS . NOVEMBER 2004 4305 Santa Fe Avenue, Vernon, CA 90058 PHONE: (323) 583-8811 , .' '. -- ( (-. CITY OF VERNON REQUEST FOR PROPOSAL Prospective Contractors: The City of V ernon (City) requests proposals for Emergency Water System and Sewer Main Repairs throughout the City where needed. Contact Information: Questions regarding this Request for Proposal shall be directed to E. Maximous ~), F.E. at (323) 583- 8811 Ext. 221. Proposals are to be submitted to Samuel Kevin Wilson at the following address: Samuel Kevin Wil~on, P .E. Director of Commlmlty Services and Water City of V ernon 4305 Santa Fe Ave. Vernon, CA 90058 Proposal Closing Date: Three (3) sets of $,e contractor's proposal shall be received by the City no later than 5:00 PM, November 2~, 2004. All proposals inust be delivered to the above address... Proposals shall be submittCdin a ~ed package, clearly marked with: ''Emergency Water and Sewer Repairs". . . Proposals will become part of the official files of the City ofVemon and cannot be returned. 2 EXHIBIT A " " /--- ,-"""" { CITY OF VERNON REQUEST FOR PRoPOSAL FOR EMERGENCY SEWER AND WATER REpAIRS I. Introduction The City of V ernon' s Community Services and Water Department is requesting proposals from qualified contractors to perfonn emergency repair services for the City's water and sewer systems. n. Scope of Work Typical repairs include water main and valve leaks and breaks, sewer stoppages, collapsed sewer mains, broken sewer laterals, and other sewer and water problems. Contractor shall perfo.rm all labor, work, or other operations required for the fulfillment of the Contract, including tools and equipment, in strict accordance with the provision defined in this Request for Proposal, the American Water Works Association (A WW A) standards, the American Public Works Association (APW A) standards, and the current City of V ernon Specifications and Details. The work shall also include the furnishing of all transportation and services, including fuel, electricity, water, safety equipment, and essential communications. A. General The Contract will be in the fonn of a Contract for Services. Payment for work will be on a labor, materials and equipment basis. Payment will be based on time at the site only; mobilization! demobilization costs are to be 'included in the proposed rates. The City makes no guarantee of the total quantity of work to be provided. The City will notify the Contractor of general locations requiring repair and a general description of the :field conditions at repair'locations. Notification of properties whose service may be interrupted will be the responsibility of the City. The Contract will begin after award of services by the City Council and will remain in effect fot: a period, of one (1) year. The City has the option to extend the contract in one-year increments. If the CITY opts for an extension, the Contractor's rates, as listed on Exhibit A, shall be increased or decreased by 75% of the ConsUmer Price Iildex (all Urban Consumers) for the Los Angeles-Riverside-Orange County area for the 12-month period prior to the beginning of each contract extension. Multiple contractors may be awarded to ensure the City has the services needed - Failure of Contractor to meet any of the contract requirements shall be considered sufficient grounds for immediate cancenation of the contract. The City may cancel by giving written notice to Contractor indicating the effective date of such cancellation. Waiver by the City of any breach of any covenant or agreement contained in said contract on the part of Contractor shan be deemed or held to be a waiver of any breach of any covenant or agreement contained therein. n. Contractor's ReSponsibilities 1. Contractor will be required to perform repairs to the City's water and sewer systems. Contractor is responsible for all means and methods used to complete the repairs. Contractor shall be responsible for providing the following at levels adequate to complete repairs in a timely manner ,as outlined below: . Qualified Labor . Tools . Equipment . Transporta.tion 3 ,. ,.-. · Services (including fuel, electricity, water, and communications) · Traffic Control -~- I' . . The Contractor is responsible for damage resulting from performing repair and clean up of effected area. 2. Water Ouality Protection or Stormwater Quality: The contractor shall takeall necessary steps to protect the storm drain system from discharges of construction-related wastewater, including: saw cutting slurry, concrete washout, sediment-contaminated runoff, sewage overflows, or highly-chlorinated discharges from water line testing. This will require the use of Best Management Practices (BMPs) such as providing sediment controls on downstream storm drain inlets, collecting and removQ1g saw cutting slurry, providing an area for concrete washout, and directing highly-chlo~ated discharges;to the sanitary sewer or by dechlo~ting this water. The contractor shall comply with all state and federa11aws relating to stormwater nmoff. 3. The selected Contractor shall take all precautions to ensure the safety of pedestrians, vehicular traffic, and persOnnel. 4. Contractor's License Classification: Contractor shall possess a valid Class A General Engineering Contractor's liqense at the time of Bid Opening and for the duration of ~e Contract. Failure to possess the specified license shall render the bid as non-responsive and shall act as a bar to award of the Contract to any bidder not possessing said license at the time of Bid Opening. 5. The Contractor is responsible for meeting all Contract conditions and City Standards & Details for all work performed. Substandard work, as determined solely by the City, shall be redone at the expense of the Contractor. C. Scheduling Time is of the es~ce for all work contemplated by the Contract. Contractor Will make a good faith effort to start repairs within two (2) days of notification or in accordance with a written schedule approved:by the City. Ifrepair cannot be completed within this period, Contractor shall provide the City a full daJ:nage assessment, cost estimate and completion schedule within two (2) days of notification. Normal work hours are Monday through Friday 7:00 am to 5:00 pm. . The City may request contractor to start work within eight (8) hours or in as little as four (4) hours, depending on the urgency of the repair. The bid form has places to indicate premiwns ot fees that contractor will charge for those response times. D. Underground Utilities and Physical Conditions The City shall not be responsible for the accuracy or completeness of information or data shown on the City's water, sewer, or storm drain system base maps or any other utility information. The Contractor shall have full responsibility for reviewing and checking all such information and data, for calling Underground Service Alert, for locating all Underground Utilities for coordination of the work with the owners of such Underground Utilities during construction, for the safety and protection thereof and repairing any damage thereto resulting from the work, the cost of which will be cQIlSidered as having been included in the contract price. The Contractor shall take all'possible precautions for the protection of Unforeseen utility lines to provide for unintermptedservice and to provide such special protection as may be necessary. All paved areas, including curb, gutter, and sidewalk, cut or damaged during construction, shall be replaced with similar materials of equal thickness to match the existing adjacent Wldisturbed areas. The Contractor shall comply with the City of V ernon Trenching Standard Plan described in Exhibit A. 4 '. m. (-- Instrudions and Conditions r- : The following instructions and conditions apply to this RFP: A. General Conditions 1. Right to Reject Proposals The City of Vernon reserves the right to reject any or all proposals submitted. Any award made for this engagement will be made to the contractor which, in the opinion of the City, is best qualified to conduct the project. 2. Proposal Evaluation Criteria Proposals' will be evaluated on the basis of their response to all provisions of this RFP. ' The City of Vernon may use some or all of the following Criteria in its evaluation and comparison of proposals' submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importapce:, a. Previous experience and demonstration of a record of success on work previously performed for the City or similar work performed for others. b. Experience and background of project lead and staff to perform work within the' ~~oo~. ' c. Unit prices for the work. d. Ability to work-effectively with City start: other public agencies and related parries as directed during the course of the services. e. Previous history of completing projects within budget and design estimates and ability to furnish adequate and effective construction supervision. B. Proposal Forinat And Content Proposals should be typed as brief as possible. They should not include any elaborate or unnecessary promotional material. ' Each contractor should adhere to the following ordetand content of proposal ' sections: . 1. Background and Approach The Background and Approach Section should descnbe your understanding of the City, the ' workto be done, and the objectives to be accomplished. 2. Methodology(ies) This section should clearly desCIibe the methodology or methodologies to be used to carry out the specific work tasks described in the Work Plan. 3. WorkPlan Describe the sequential work tasks planned to carry out in accomplishing this project Indicate all key deliverables and their contents. ' 5 .. .",r-. t- 4. Related Experience .. : Describe recent, directly related experience. Include on each listing the name of the client; description of the work done; primary client contact, address and telephone number; dates for the project; name of the Project Director and/or Manager and members of the proposed project team who worked on the project, as well as their respective responsibilities. At least three references should be included. The City ofVemon reserves the right to contact any of the organizations or individuals listed. ' 5. Cost Data Indicate the unit and total costs for which you will conduct the project. A. Labor: Contractor's rates (with markup, overhead, etc.) for the followingjob classifications: Descrintion Regular Hourly Rate 1. Equipment' Operator $ ~O Per Hour 2. Traffic Controller $ 5~ Per Hour 3. Plumber/Laborer $ 00 Per Hour 4. Laborer $ <00 Per Hour 5. Foreman/Supervisor $ <3L/ Per Hour 6. IEAtYlS T/;;'IL ]- $ <;:,8 Per Hour (WP4MI'vj 77UIck;.. 7. $ Per Hour D /2-1 t/ t?..{l. ) 8. S Per Hour 9. $ Per Hour 10. $ Per Hour 6 " B. Equipment: The following costs shall be paid by City when specified equipment is used for repair: Description Cost 1. Dump Truck (5 yd. Bobtail or comparable) $ J.bO Per Job Trip Per Day 2. Service Vehicle (utility body pickup) $ 90 Per Job Trip Per Day 3. Backhoe (Case 580E or comparable) $ ~bO Per Job Trip Per Day 4. Compressor (150 cfm) $ /20 Per Job Trip Per Day 5. Traffic Arrow Board $ LIS' Per Job Trip Per Day 6. tLoLLfI- "3 - S Th~ $ 200 Per Job Trip Per Day 7. La frD €-(L $ 270 Per Job Trip Per Day 8. -r \ L,]lZ...rr \LD r<.. $ SO Per Job Trip Per Day 9. 'P k. IR- \Z. $ 7.5"" Per Job Trip Per Day 10..~~~~~ $ Per Job Tri 'Per Day C. - Material and Supplies; The Contractor will use materials and supplies from the City inventory or vendor identified by the Contractor. A maximum mark-up of 10% on materials supplied by the contractor willbe aIlowed. The contractor shall supply the City with an original receipt of all materials utilized on the job. The Use ,of the City's inventory will be at the City's discretion. There will be no cost to the City for materials and supplies used from the City's inventory. Notes: 1. Hourly rate Service Vehicle includes use of any and all tools and equipment not separately listecl. 2. Time' starts when Contractor arrives at job site and ceases when Contractor leaves the job site at the end of the job. ' 3. Labor will be based on hourly rates payable to the nearest 6 minutes (tenths of one hour). 4. IfCityrequests work outside normal work hours (7:00 AM to 5:00 PM, Mon.-Fri.), above hourly rates increased by t.{ S %. 5. Premium for eight-hour response time is ' t Lf c a ....... '6. Premium for four-hour response time is '2- 4 0 0- 7. The minimum number ofhoW'S charged is.l L.{ [-f (L 5 8.' A detailed schedule of costs must be submitted to the City for approval for all costs, including labor, equipment, material and supplies prior to payment. 6. Other Information. Include any other information you consider to be relevant to the proposal. IV. Insorao.ce Coverae As part of the proposal, the Contractor shall submit a statement verifYing the Contractor's ability and commitment to obtain all the necessary insurance requirements as descn'bed on Exlu"bit B. The selected Contractor shall submit the insurance requirements specified below and secure approval by the City. Failure to provide the insuran~ requirements will be groWlds for rejection of the contractor. 7 t. (- r Minimum Insurance DocUh..:nts Required: 1. Compliance with the insurance schedule 2. Certificate of Insurance from the contractor's insurahce agent 3. Copy of the Declaration Page of the insurance policy 4. Originals of Endorsements 5. Schedule ofFonns and Endorsements 6. CG2010 11/85 Endorsement V. Statement oflndemnitication The attached Statement of Indemnification (Exhibit C) shall be signed by the Contractor and submitted as part of the contract. Failure to include this statement will be grounds for rejection of the Contractor. The proposal nee4 not iriclude this statement. 8 EXHIBIT B I (-- S4WCl/T UNE ' ,.,- r S4WCUT UNE t VARIES ',..L t EXISTING PAVEMENT EXISTING BASE. : '4" d 4 ,4 '. -to " -t .f :a ,4 " -:to 4 4 <t 4 ~/lS 1/2 S4CK SANO SLfJRRY, B4CKFlLL d . " ..~ 4' . ACCEPTED NATIVE B4CKFlLL TO BE COMPACTED TO 90)1: 6--1' -,- PIPE NOTES: ..:. :.:.:.:. :.:..:.:.....:.. .:::.:.::::::::~:::::: NEW PAVEMENT THICKNESS SH4LL BE 1 INCH BELOW THE EXISTING TO A MAX/MUii OF '0 INCHES, UNLESS OTHERWISE APPROVBJ BY THE CITY ENGINEER. ' ASPHALT CONCRETE SHALL BE B~AR4000 WITH MINIMUM 2- THICK A C. I'IE'AR1NG SURFACE COURSE. TACK COAT SHALL BE APPUBJ PER LATEST EDmON OF THE STANOARD SPECIFICATIONS FOH PVBUC WORKS CONSTRUCTION (GHEEN BOOK). a4U4GEO AND UNOERMINED PAVEMENT SHALL BE REMOVED BY S4W Cl/TTlNG f7)LL, DEPTH - PARALLEl. TO TRENCH AND REPLACBJ WITH B-AR4000 AT NO COST TO THE CITY. FOR CONCRETE STREETS THE WIDTH OF CONCRETE TO BE REPLACBJ SHALL EJTHER BE FROM COLD .JOINT UNE TO COLD .JOINT UNE OH APPROVE/) TRENCH WIDTH WITH CONCRETE-DOWELS (MIN. /4 BAHS) PLACBJ ~ J FeET STAGGEHBJ. , 5. IF THE, S4WCl/T UNE IS J FEET OR LESS FROM Gf/T'TEH UNE OR COLD .JOINT THE AC. PAVDlENT OR CONCRETE SHALL BE REMOVE/) TO GUTTF:R UNE OH COLD .JOINT. ALL TRAmC SIGNAL LOOPS, DOTS, lANE UNES, PEOESTRIAN UNES, AND OTHER PAINTED MARKINGS ARE TO BE REPLACED IN KIND BY THE CONTRACTOR. AN ENCHOACHME'NT PERMIT SHALL BE OBTAINED- FROM THE CITY OF VERNON COMMUNITY SERVICES AN/} WArE'R DEPARTMENT PRIOR TO ANY ENCROACHMENT OR PONSTRUCTION WITHIN A CITY OF VERNON RIGHT-OF-WAY. THE CONTRACTOR SHALL OST:4IN AN UNDERGROUND SERVICE ALERT T/CKU AND OBTAIN A C4LIFORNIA OMSION OF OCCUPATIONAl. 'SAFETY ANO HEALTH (OOSH) PERMIT IF THE TRENCH IS GRE4m? THAN 5 - FEU Dap PRIOH TO THE COMMENCEMENT OF WORK. THE CONTIfACTOR IS RESPONSIBLE FOR FURNISHING ANO MAINTAINING ALL ,TRAFFIC CONTROLS ANO SIGNAGE PER W.A.T.c.H. MANUAL OURING EN77RE PROJECT. to. NO STOCK PIUNG OF CONSTRUCTION MATERIALS OR EQUIPMENT SHALL BE ALLOWEO O\leR' NIGHT IN THE PUBLIC RIGHT-OF-WAY UNLESS APPROVEO BY THE CITY ENGINEER. ALL NECESSARY STE;EL PLATES SHALL BE PROVlOEO AT THE .JOB SITE PRIOR TO ANY REMOVALS. PLATES SHALL BE SKlO RESISTANT, RESTRAINEO ANO RAMPEO WITH A. C. COLO MIX. 12. ALL', TRENCHES SHALL BE B4CKFILLEO WITH '/2 S4CK S4NO SLURRY. UNLESS OTHERWISE APPROVED BY THE CITY ENGINEER. , THE CONSTRUCTION SHALL COMPLY WITH CiTY STANDAROS ANO THE GREEN BOOK. TYPICAL TRENCH PA V1NG SECT/ON STANDARD PLANV2264 ,. 2. 3. 4. 6. 7. 8. 9. 11. 13. IfS - , SHEET 1 OF' 2 CITY or ~ CAJJFORNIA CCMMtJNf1Y,~ it /rATER DDWmIENT ~ 2002 ' ~ ~ r .. EXISTING BASe. /?- ( , 54WCur UNF. 54WCUT UNe r VARIES ,..L ,r EXISTING PAVEMO/T '4" . 4 ..' . 4 A '. <1. <1 '. <1 1/2 54CK SAND SLURRY 84CKFlLl. , ,'. -4'. 4 , " . 4 . ~R/E.s '~ 4 . . 4 PIPE O/A. W.IiN W u<< 4.-12" 6. 8" . . <I' . ,4 14.+ 8" 12" PIPE NOTES.- ~:I!fftitf - , W SEE CHART I.' NEW PAVEMENT THICKNESS SHALL BE " INCH BELOIY THE EXISTING, TO A MAXIMUM OF 10 INCHES. UNLESS OtHERWISE APPROVED BY THE CITY ENGINEER. ' 2. ASPHALT CONCRElE SHALL BE B-AR4000 WITH AlIN/A(UM 2. THICK A.c., WE'ARlNG SURFACE COURSE: TACK C04T SHALl. BEAPPUCO PER LATEST comON OF THE STAN/JAR[) SPECIF7CAT/ONS FOR PUBllC WORKS CONsTRUCT/ON (GREEN BOOK). J. OAU4GCO AND UNDERMINCO PAVEMENT SHAlL BE REMOVED BY S4W CvmNG roll. OE:PTH PAHALLEL TO TRENCH AND REPLACED WITH B-AR4000 AT NO COST TO THE CITY.. 4. FOR CONCRETE STREETS THE WIDTH OF CONCRETE TO BE REPLACCO SH4LL EiTHER BE, FROM COLf) JOINT WE TO COLD JOINT UNE OR APPROVED TRENCH WIDTH WfTH CONCRETE DOwns (AlIN. ~4 B4RS) PLACF:D EJiE"RY JFEET STAGGERED. , 5. IF' THE S4Jft;'L/T UNE IS J FEET OR LESS FROM GlITTER UNE OR ,COLf) JOINT THE A.t: PAYnlENT OR CONCRF:TE SHALL BE REMOVED TO Gl/l'lFR 'UNE OR COLD JOINT. 6. ALL TRAFFIC SIGNAL LOOPS. OOTS. LANE UNES, PEOESTRIAN, UNES,AND OTHER ' PAINTeD MARKINGS ARE TO BE REPLACCO IN KIND BY THE CONTRACTOR. 7. AN ENCR04CHMENT PERMff SHALL BE OBTAINED FROM THE CITY OF VERNON COMMl/NITY SERY/CES AND WATER DEPARTMENT PRIOR TO ANY ENCROACHMENT OR CONSTRUCT/ON WITHIN A CITY OF VERNON RIGHT-OF-WAY. 8. THE CONTRACTOR SHAll. OBTAIN AN UNOERGROUND SFRV/CE ALERT TICKET ANO 08TA1N A CALIFORNiA DMSION ,OF OCCl/PATlONAJ. S4FF:TY AND HFALTH (DOSH) PERMIT IF THE TRENCH IS GRFATER THAN 5 FEET DEEP PRIOR TO THE COMMENCEMENT OF WORK. fl. THE, CONTRACTOR IS RESPONSIBLE FOR FlJRNISHING AND MAINTAINING ALl. TRAFFIC CONTROLS AND SIGNAGE PER W.A. r.c.H. MANUAl. DURING F:NTlRE PRo.JECT. 10. NO STOCK PILING OF CONSTRl.IC770N MATCRIALS OR EQUIPMENT SHALl. BE ALLOWED OVER NIGHT IN THE Pl/BUC RIGHT-OT-WAY l/NLESS APPROVEO BY THe CITY ENGINEER. ". All. NECESS4RY STEEl. Pl.ATES SHALL BE PROVlOED AT THE JOB SITE PRIOR TO ANY REMOVALS. Pl.ATES SHALL BE SKIO RESISTANT, RESTRAINED AND RAMPED WITH A. C. COLf) MIX. 12. ALL TRENCHES SHAll. Be BACKFILLED WITH 1/2 S4CK S4NO SLl/RRY UNLESS OTHERWISE APPROVCO BY THE CITY ENGINEER. 13. THE CONSTRUCTION SHALL COMPLY WITH CITY STANOAROS AND THE GREEN BOOK. I TRENCH PAVING SECTION FOR SEWER LATERAL rSI. -- ~ . STAN::", ~ V2264 , COMWNITr SDn1t'ES .. If4mf IJDWi1JIENT SHEET 2 OF 2 NOfIOI1JER 2002 " EXHIBIT C " . .~/IP'- , ,..-.. f . Ir INSURANCE SCHEDULE (CONTRACTOR) Contractor shall provide proof of insurance, including a standard certificate of insurance, in at least the 'following amounts an~ coverage (combined single limit permitted): 1. Coverage and Limits Hazards Bodily Iniury Property Damage Each Person Each Accident Each Accident, Automobile Liability- Owned Automobiles Hired Automobiles Non-Owned Automobiles , Workers' Compensation Employers' Liability $ 500,000 $ 500,000 $ 500.000 $ Statutory $1.000.000 per employer n. Liability General Liability Premises Operations Elevators (If Applicable) Independent Contractors Products- Completed Operations , Contractual Liability Umbrella Liabilitv $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,'000. $1.000.000 $2.000.000 $1,000,000 $1,000,000 $1.000.000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2.000.000 , $2.000.000' $ 500,000 $ 500,000 $ 500.000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 , ~1:000:000 , 2 000 000 a. The general liability policy shall contain the following special endorsements which ~ be'Doted on or attached to the standard certificate of insurance: ' 1. An endorsement naming the City-ofVemon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of V eroon thirty (30) days notice of cancellation or material , reduction of coverage. ' 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be reqUired by addendum hereto. DOCUMENTATION · Certificate of Insurance from vendor's insurance agent; · Copy of insurance policy Declaration's page; · Actual copies of any Endorsement; · Additional Insured Endorsement naming City as Additional Insured; · Vendor insurance package to include Endorsement, appropriate to, the project being undertaken OD the City's behalf. ~ . r'-- \' (- . . CITY OF VERNON lNDEMNIFrCATION DATE PERMIT NO. STATEl\ffiNT OF INDEMNlF1CATION Pemtittee agrees to indemnify, defend and hold hannless the city and each officer, agent and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of the encroaclunent or COllStruction thereof Vernon City Code Sec. 22.49-1, Pennits - Indemnity and insurance COMPANY NAME +- TELEPHONE .ADDRESS: NAME TITLE SIGNED DATE () 0 ..f II-J 0 El'Y1 N ,. P, CAll;, 7t M rS":f1..<..., ~.( t..L SIS N 6~1E h4 eN j'- ,/ . OJ-.)ce, 11-\.-l> ~ U~ CI;~ 'A'uJ~J) e.D t EXHIBIT B (, EXHIBIT'B . . CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. PROJECT': TO: REQUESTED BY: SUPPLEMENT NO. SHEET OF P.O. NO. CONSULTANT SHEETS You are hereb directed to make the herein described chan es from the ori . al sco e of work of this a eement. .. ........................ .... .. .................... "" ................ .. .... .... $ $ $ $ $ .... .. ........ ...... .. ...... .... ............ .............. .......... .......... .. ...... ........ .... .. .... ........................ ...... ...... ...... ............ .................. .... .... .......... ...... .. .. .. .. .... """ .. .......... .... ...... """ .. ...... .... .. ...... .... .... Approved: Date: City Administrator We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Consultant: By: Title: c: PurchasinglProject File/Consultant .. EXHIBIT C ~ " S4WCUT LINE: NEW A. C. PAVEMENT t VARIE.S' ,. L t EXISTING BASE 4 ~ '<I- ~ .4 .AI '. 4. 4 4 ~ A ..4 ", ~. .4 .4 "4 .4 EXISTING NATIVE: SOIL-7 1/2 S4CK SAND SLURRY BACKRLL .~ . '4" ,~ .4 " ACCCPTEO NATIVE: BACKRLL TO BE' COMPACTEO TO 90~ ................ .............. ............. ............... ............ ............. ......... ........... ...... ............ .. ........ ........ ..... ........ ., ........: .::...... ...... ..... .... ...... .... PIPE' NOTES: EXHIBIT C S4WCUT UNE' EXISTING PAVEMENT VARlE.S' 6.-1' -r 1, NEW PAVEMENT THICKNESS SHALL BE 1 INCH BELOW THE EXISTING TO A MAXIMUM OF 10 INCHES, UNLESS OTHERWISE APPROVED BY THE crrv ENGINEER. 2. ASPHALT CONCRETE SHALL BE B-ARBOOO, WITH MINIMUM 2- THICK AC. WEARING SURFACE COURSE. TACK COAT " SHALL BE APPUED PER LATEST EDmON OF THE ,STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUCOON {GREE BOOK). 3. RNISHED ASPHALT CONCRETE SHALL BE (3/4") B-ARaOOG. MINIMUM 2- THICK AND PAVED FlUSH WITH ADJACENT PAVEMENT WITHIN SAME DAY AS NEW AC. PLACEMENT. 4. DAMAGED AND UNDERMINED PAVEMENT SHALL BE REMOVED BY SAW CUTTING RJLL DEPTH PARALLEl. TO TRENCH AND REPLACED WITH (3/4") B-ARaOOO AT NO COST TO THE cnv. 5. FOR CONCRETE STREETS THE WIDTH OF CONCRETE' TO BE REPlACED SHALL EITHER BE FROM COLD JOINT UNE TO COLD JOINT UNE OR APPROVED TRENCH WIDTH WITH CONCRETE DOWELS (MIN. 14' BARS) PLACED EVERY 3 FT STAGGERED. 6. IF THE SAWCUT UNE IS 3 FEET OR LESS FROM GUTTER UNE OR COLD JOINT THE AC. PAVEMENT OR CONCRETE SHALL BE REMOVED TO GUTTER UNE OR COLD JOINT. 7. ALL TRAFFIC SIGNAL LOOPS, DOTS, LANE UNES, PEDESTRIAN UNES. AND OTHER PAINTED MARKINGS ARE TO BE REPLACED , IN KIND BY THE CONTRACTOR. a. AN ENCROACHMENT PERMIT SHALL BE OBTAINED FROM THE crrv OF VERNON COMMUNrrv SERVICES AND WATER DEPARTMENT PRIOR TO AN( ENCROACHMENT OR CONSTRUCOON WITHIN A crrv OF VERNON RIGHT-OF-WAY. 9. THE CONTRACTOR SHALL OBTAIN AN UNDERGROUND SERVICE ALERT llCKET AND OBTAIN A CALIFORNIA COMMISION OF OCCUPAllONAL SAFETY AND HE'AlTH (DOSH) PERMIT IF THE TRENCH IS GREATER THAN 5 FEET DEEP PRIOR TO THE COMMENCEMENT OF WORK. 10. THE CONTRACTOR IS RESPONSIBLE FOR RJRNISHING AND t.WNTAlNING ALL TRAFFIC CONTROlS AND SIGNAGE PER W.A.T.C.H. MANUAL DURING ENTIRE PROJECT. 11. ND STOCK PIUNG OF CONSTRUCTION MATERIALS OR EQUIPMENT SHALL BE ALLOWED OVER NIGHT IN THE PUBUC RIGHT-OF-WAY UNLESS APPROVED BY THE crrv ENGINEER. 12. ALL NECESSARY STEEL PlATES SHALL BE PROVIDED AT THE JOB SITE PRIOR TO AN( REMOVALS. PlATES SHALL BE SKID RESISTANT. RESTRAINED AND RAMPED WITH AC. COLD MIX. 13. ALL TRENCHES SHALL BE BACKRUED WITH 1/2 SACK SAND SLURRY ,UNLESS OTHERWISE APPROVED BY THE CI1Y ENGINEER. 14. THE CONSTRUCOON SHALL COMPLY WITH crrv STANDARDS AND THE GREEN BOOK. TYPICAL TRENCH PAVING SECTION LII. CITY OF' IE7IM:W. C4LRRII4 CCIMINfTY SQM;& .. ..19 DE1Wi1IIENr MolY 2fJtu STANDARD PLAN V22 64 SHEET 1 OF 2 4 it '4' A 4 A " 4, 4 4 VARIES ~ A ,4 " :'1' 4 4 "4 4 'A " "4 . ,A 4 .. S4WCUT LINE NEW A.C. PAVEMENT EXISTING SASE. t VARIES _L It EXISTING NATIVE SOIL~ 1/2 SACK SAND SLURRY BACKFILL PIPE DIA. W I/fN W.M4K 4--12- 6- 8- 14-+ 8- 12- PIPE EXHIBIT C S4WCUT liNE EXISTING PAVEMENT PIPE BEDDING PEA GRAVEL SEE CHART 1. NEW PAVEMENT THICKNESS SHALL BE 1 INCH BELOW THE EXISTING TO A MAXIMUM Of 10 INCHES, UNLESS OTHERWISE APPROVED BY THE CITY. ENGINEER. 2. ASPHALT CONCRETE SIW.L BE B-AR8000 WITH MINIMUM 2- THICK AC. WEAAING SURFACE, COURSE. TACK COAT SHALL BE APPUED PER LATEST EDITION OF THE STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUCTION (GREE BOOK). 3. FINISHED ASPHALT CONCRETE SIW.L BE (3/4j B-AR8000, MINIMUM 2- THICK AND PAVED FLUSH WITH ADJACENT PAVEMENT WITHIN SAME DAY AS NEW AC. PLACEMENT. 4. DAMAGED AND UNDERMINED PAVEMENT SHALL BE REMOVED BY SAW CUTTING FULL DEPTH PARALlEL TO TRENCH AND REPLACED WITH (3/4j B-AR8000 AT NO, COST TO THE CITY. 5. FOR CONCRETE STREETS THE WIDTH OF CONCRETE TO BE REPlACED SIW.L EITHER BE FROM COLD JOINT UNE TO COLD JOINT UNE OR APPROVED TRENCH WIDTH WITH CONCRETE DOWELS (MIN. 14 BARS) PLACED EVERY 3 FT STAGGERED. 6. IF THE SAWCUT UNE IS 3 FEET OR LESS FROM GUTTER UNE OR COLD JOINT THE AC. PAVEMENT OR CONCRETE SIW.L BE REMOVED TO GUTTER UNE OR COLD JOINT. 7. AU.. TRAFFIC SIGNAL LOOPS, DOTS, LANE UNES, PEDESTRIAN UNES, AND OTHER PAINTED MARKINGS ARE TO BE REPLACED IN KIND BY THE CONTRACTOR. 8. AN ENCROACHMENT PERMrr SIW.L BE OBTAINED FROM THE CITY OF VERNON eot.tMUNITY SERVICES AND WATER DEPAR1\4ENT PRIOR TO Nf( ENCROACHMENT OR CONSTRUCTION WITHIN A CITY OF VERNON RIGHT-OF-WAY. 9. THE CONTRACTOR SHALL OBTAIN AN UNDERGROUND SERVICE AlERT TICKET AND OBTAIN A CAUFORNIA COMMISlON OF OCCUPATIONAL SAFElY AND HEALTH (DOS H) PERMrr IF THE TRENCH IS GREATER THAN 5 FEET DEEP PRIOR TO THE COMMENCEMENT OF WORK. 10. THE CONTRACTOR IS RESPONSIBLE FOR FURNISHING AND MAINTAINING ALL TRAFF1C CONTROlS AND SIGNAGE PER WAT.C,H. MANUAL DURING ENTIRE PROJECT. 11. NO STOCK PIUNG OF CONSTRUCTION MATERIALS OR EQUIPMENT SIW.L BE ALLOWED OVER NIGHT IN THE PUBUC RIGHT-OF-WAY UNLESS APPROVED BY THE CITY ENGINEER. 12. AU.. NECESSARY STEEL PLATES SIW.L BE PROVIDED AT THE JOB SITE PRIOR TO Nf( REMOVALS. PLATES SHALL BE SKID RESISTANT, RESTRAINED AND RAMPED WITH AC. COLD MIX. 13. AU.. lRENCHES SHALL BE BACKFILLED WITH 1/2 SACK SAND SWRRY UNLESS OTHERWISE APPROVED BY THE CITY ENGINEER. 14. THE CONSTRUCTION SIW.L COMPLY WITH CITY STANDARDS AND THE GREEN BOOK. NOTES: TYPICAL TRENCH FOR SEWER .... PAVING SECTION LATERAL STANDARD aT)' OF ~ C4U'QliNM COMMUNf1Y SI3M:lES . IIHmf DEPNm/ENT MY 20tH PLAN V2264 SHEET 2 OF 2 SUPPORTING DOCUMENTS i SERVICES AGREEMENT This AGREEMENT ("Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 27th day of April 2005, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue V~rnon, California 90058 AND COLlCH & SONS, L.P., an independent contractor, hereinafter referred to as the "Contractor" 547 West 140th Street Gardena, California 90248 RECITALS WHEREAS, the City has determined to retain the services of an independent contractor to perform emergency water and sewer repairs on an as needed basis; and WHEREAS, Contractor has prepared a proposal for the Services, a copy of which is attached hereto as Exhibit A and incorporated by this reference (the "Proposal"); and WHEREAS, Contractor represents that it is qualified and capable of furnishing the labor, materials and expertise necessary to perform the Services that the City requires, as set forth in this Agreement, and is willing to do so on the terms and conditions set forth below; and WHEREAS, the emergency services have been bid, and Contractor's cost proposal is acceptable to the City; and WHEREAS, the City desires to enter into an agreement with Contractor to provide the emergency water and sewer repair services on a contract basis as defined in the terms and conditions set forth below. Page 1 of 22 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. TERM OF CONTRACT 1.01. This Agreement will become effective on May 1, 2005, and will continue in effect for a period of one (1) year or until terminated as provided in this Agreement. City shall have the option to extend the Agreement in one (1) year increments. SECTION 2. DEFINITION OF TERMS 2.01. Whenever used in the Agreement, the following terms shall mean: A. "Agreement" shall mean that formally executed Agreement or Contract which includes the Contract Documents attached. The Agreement constitutes the entire agreement between the parties relating to its subject matter. B. "City" shall mean the City of Vernon, California, the entity which has executed the Agreement and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. C. '~Contractor" shall mean Colich & Sons, L.P. and where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. D. "Contract Documents" shall include any inquiry, invitation to bid, or proposal which may have, but not necessarily, preceded execution of the Agreement, and including the General Provisions and all exhibits and schedules attached to the Agreement and all plans and specifications identified in the Contract Documents. E. "Contract Price" shall mean the compensation set forth or provided for in Section 4.01 of this Agreement. Whether it expressly provides for the reimbursement of costs incurred by Contractor or simply for the payment of a lump sum of money, it is intended to be the full and complete payment for satisfactory completion of the Work and, unless otherwise stated, to cover all costs whether for materials, equipment, tools, labor, services and taxes and all overhead, rentals and profit or fee, if any. F. "General Provisions" or "General Conditions" shall mean the General Provisions as set forth in this Agreement. Page 2 of 22 G. "Premises" shall mean the physical premises under City's control or ownership where Work hereunder is to be performed. H. "Proprietary Information" and "Confidential Information" shall mean all information, whether written or oral, which Contractor acquires from, through or on behalf of City, directly or indirectly, or which arises out of the Work, concerning the Work or proprietary processes involved in the Work including, without limitation, information concerning past, present or future business plans of City, information about the operations of City's Premises, and other City information or know-how obtained during the Work, except information falling into any of the following categories: 1. Information which, at the time of disclosure hereunder, is in the public domain; 2. Information which, after disclosure hereunder, enters the public domain, except where such entry is the result of Contractor's or any entity within Contractor's control breach of this Agreement; 3. Information which, prior to disclosure hereunder, was already in Contractor's possession without limitation regarding disclosure to others; or 4. Information which, subsequent to disclosure hereunder, is obtained by Contractor from a third party who is lawfully in possession of such information and not subject to a contractual or fiduciary relationship to City with respect to said information and who does not require Contractor to agree to refrain from disclosing such information to others. I. "Subcontractor" shall mean any first or lower-tier subcontractor and its employees, representatives, agents, subcontractors or other personnel who have been approved in the manner required by this Agreement. J. 'Work" or "Services" shall mean the work performed by Contractor and required to be performed from time to time by City under this Agreement. Page 3 of 22 SECTION 3. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 3.01. Contractor agrees to perform emergency repair services for the City's water and sewer systems in a timely manner. Contractor's Services shall include, but will not be limited to, repairing water main and valve leaks and breaks, sewer stoppages, collapsed sewer mains, broken sewer laterals, and other sewer and water problems. The Contractor's Services are more specifically detailed in the Proposal attached hereto as Exhibit "A" and incorporated herein by this reference. 3.02. Contractor shall be responsible for traffic control on the Work site when necessary and shall take all precautions to ensure the safety of pedestrians, vehicular traffic, and personnel. 3.03. Contractor shall take all necessary steps to protect the storm drain system from discharges of construction-related wastewater, including: saw cutting slurry, concrete washout, sediment-contaminated runoff, sewage overflows, or highly- chlorinated discharges from water line testing. Compliance with this Section will require the use of Best Management Practices ("BMPs") such as providing sediment controls on downstream storm drain inlets, collecting and removing saw cutting slurry, providing an area for concrete washout, and directing highly- chlorinated discharges to the sanitary sewer or by dechlorinating this water. Contractor shall comply with all state and federal laws relating to stormwater runoff. 3.04. Contractor shall perform all labor, work, or other operations required for fulfillment of this Agreement, including tools and equipment, in strict accordance with the provisions defined in the Request for Proposal, a copy of which is attached hereto and incorporated herein by reference, the American Water Works Association (AWW A) standards, the American Public Works Association (APWA) standards, and the current City of Vernon Specifications and DetaiJs. The Contractor shall also furnish all transportation and services, including fuel, electricity, water safety equipment and essetltial communications. Change of Services 3.05. City may at any time, by written change order executed by the City Administrator, make changes only to extend the Work duration and total compensation of Contractor's Work. Changes in the scope of Work, or duties and obligations, shall be authorized only by the City. Page 4 of 22 3.06. City may make "Changes" by increasing, reducing or deviating from the requirements of the scope of Work. A form of Change Order is set forth in Exhibit B attached ~ereto and incorporated by reference. Timing of Services 3.07. Contractor's Services shall commence upon the execution of this Agreement by both parties and award by the City Council and shall end after a period of one (1) year, unless this Agreement is otherwise terminated according to Section 6 of this Agreement or extended according to the conditions and terms set forth in this Agreement. 3.08. Time is of the essence for all Work contemplated by this Agreement. Contractor shall start performing Services under this Agreement only after notification by the City, in accordance with Section 5.03 of this Agreement. After notification, Contractor will make a good faith effort to start repairs within two (days) of notification or in accordance with a written schedule approved by the City. If repair work cannot be completed within this period, Contractor shall provide the City a full damage assessment, cost estimate and completion schedule within two (2) days of notification. Normal work hours are Monday through Friday 7:00 am to 5:00 pm. 3.09. City may request Contractor to start Work within eight (8) hours or in as little as four (4) hours depending on the urgency of the repair. Contractor may be entitled to the premium set out in Section 4.03 of this Agreement if Contractor complies with a request from City to start Work within eight (8) hours. Contractor may be entitled to the premium set out in Section 4.04 of this Agreement if Contractor complies with a request from City to start Work within four(4) hours. 3.10. City may request that Contractor Work outside of normal working hours (7:00 am to 5:00 pm Monday through Friday). If Contractor complies with a City request to work outside normal working hours, Contractor may be compensated according to the terms and conditions set forth in Section 4.05 of this Agreement. Method of Performing Services 3.11. Contractor will determine and is responsible for the method, details, and means of performing the'above-described services. Page 5 of 22 Status of Contractor 3.12. Contractor enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor. Contractor agrees that it is not and will not become an employee, partner, agent, or principal of City while this Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, and other insurance, worker's compensation, training, permits, and licenses for itself and for its employees and subcontractors. Contractor shall have complete and sole control over its employees, the details of the services and methods by which the Services are accomplished, it being understood that City is interested only in the results to be obtained by Contractor. 3.13. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement does not create a partnership or joint venture between the parties. Payment of Taxes 3.14. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by City to the Contractor for services under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor's failure to comply with this provision. 3.15. Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on behalf of Contractor or for the employees of the Contractor. Contractor shall not be treated as an employee with respect to the services performed hereunder for federal or state tax purposes. Contractor shall be responsible to pay taxes mandated by law. 3.16. Since Contractor is not an employee of City, Contractor is not eligible for and shall not participate in any employee benefit of City, including pension, health or other fringe benefits. SECTION 4. COMPENSATION 4.01. In consideration for the services to be performed by Contractor, described in Section 3 of this Agreement, City agrees to pay Contractor on a labor, materials and equipment basis. Payment shall be based on time at the Work site and payment shall not include costs or labor related to mobilization and/or demobilization. Time shall be calculated as the period between when Contractor Page 6 of 22 J. o. P. arrives at the job site and ceases when Contractor leaves the job site, with a four (4) hour minimum charge. Labor will be based on hourly rates payable to the nearest six (6) minutes (tenths of one hour). City agrees to pay Contractor for Work completed according to the following rates (the "Contract Price"): Labor (including markup, overhead etc.) for the following job classifications: A. Equipment Operator $84.00 Per Hour Traffic Controller $60.00 Per Hour (flagman) Plumber/Laborer $62.00 Per Hour Laborer $60.00 Per Hour Foreman/Supervisor $93.00 Per Hour Cement Mason $71.00 Per Hour Mason - Foreman $76.00 Per Hour Carpenter $74.00 Per Hour Senior Foreman $76.00 Per Hour Teamster $69.00 Per Hour B. C. D. E. F. G. H. I. Equipment used for repair: K. $400.00 Per Job Trip Per Day Dump Truck (5 yd. Bobtail or comparable) L. Service Vehicle (utility body pickup) $375.00 Per Job Trip Per Day M. Backhoe (Case 580E or comparable) $550.00 Per Job Trip Per Day N. $275.00 Per Job Trip Per Day Compressor (150 cfm) Traffic Arrow Board $100.00 Per Job Trip Per Day $175.00 Per Job Trip Per Day 4" Trash Pump Page 7 of 22 Q. 950 Cat Loader $750.00 Per Job Trip Per Day $1,200.00 Per Job Trip Per Day $400.00 Per Job Trip Per Day R. S. 325 Cat Excavator 4000 Gallon Water Truck Any labor or equipment not identified above, but provided in the Services shall be compensated as provided for under "Extra Work" in the most current edition of the Standard Specifications. for Public Works Construction (the "Greenbook"). Notwithstanding the foregoing,' Section 3-3.2.3 of the Greenbook regarding Markup shall be modified as follows: Work by Contractor - The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: Labor.............. u............................. 20.% Materials........................................ 15% Equipment Rentat.......................... 15% Other Items and Expenditures....... 15% To the sum.of the costs and markups provided for in this subsection, one percent (1%) shall be added as compensation for bonding. Work by Subcontractor - When all or any part of the Services is performed by a Subcontractor, the markup established in 'Work by Contractor" above shall be applied to the Subcontractor's actual cost of such work. A markup of ten percent (10%) on the first Five Thousand Dollars ($5,000.00) of the subcontracted portion of the Services and a markup of five percent (5%) on work added in excess of Five Thousand Dollars ($5,000.00) of the subcontracted portion of the Services may be added by the Contractor. 4.02. In consideration for services to be performed under Section 3 ofthis agreement, City agrees to pay Contractor for materials according to Section 5.06 of this Agreement. 4.03. In the event that Contractor complies with a request from City to start Work within eight (8) hours, City agrees to pay Contractor a premium of $10,00.0.00 per request. 4.04. In the event that Contractor complies with a request from City to start Work within four (4) hours, City agrees to pay Contractor a premium of $15,000.00 per request. Page 8 of 22 4.05. If Contractor complies with a request from the City to Work outside of normal work hours (7:00 am to 5:00 pm Monday through Friday), the hourly rates City shall pay Contractor, outlined in Section 4.01 of this Agreement, shall be increased by the amounts set forth in the Proposal attached hereto as Exhibit A, under Labor Burden Rates. The increased rates shall only apply to time Contractor performs Work outside of normal work hours and to the extent requested by the City. Entire Compensation 4.06. The Contract Price is full and complete compensation, and constitutes the entire compensation due Contractor for the Services and any and all of Contractor's obligations hereunder. The Contract Price includes without limitation compensation for applicable taxes, customs duties, fees, overhead, profit, travel time to and from the Premises and all other direct and indirect costs incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not subject to escalation for any reason except as expressly set forth in this Agreement. No adjustments in compensation shall be made as a result of changes in the value of any currency. The Contract Price shall only be adjusted by formal, written Change Order or amendment to this Agreement. If the City opts to extend the term of the Agreement, Contractor's rates, as listed in this Agreement, shall be increased or decreased by seventy-five percent (75%) of the Consumer Price Index (all Urban Consumers) for the Los Angeles-Riverside- Orange County area for the twelve (12) month period prior to the beginning of each extension. Payment of, Compensation ,4.07. For Services rendered under Section 3 of this Agreement, Contractor shall be entitled to receive monthly payments. Contractor shall submit to City a monthly invoice and statement of Services, prepared in accordance with City requirements, by the fifteenth (15th) of each month, for the prior calendar month's completed Work. City will make payments to Contractor within thirty (30) days after acceptance and approval of the invoice received from Contractor. 4.08. Contractor shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Compensation for Changes 4.09. The compensation due Contractor, or the credit due City, for changes may not be established verbally, and shall be established in a written change order signed by City as described in Sections 3.05 and 3.06 of this Agreement. Compensation adjustments in each such change order shall be established by one or more of the following bases, as determined by City: (a) a lump sum price to be negotiated between the parties; or (b) Work unit rates to be negotiated between the parties. Page 9 of 22 Once established, the amount of the compensation due Contractor or credit due City for a change shall not be subject to adjustment for any reason, including changes in the value of any currency. SECTION 5. OBLIGATIONS OF THE PARTIES 5.01. Contractor is responsible for meeting all conditions of this Agreement and City Standards & Details for all Work performed. Substandard Work, as determined solely by the City, shall be redone at the expense of the Contractor. 5.02. Contractor is responsible for damage resulting from performing repair and clean up of the affected area. Warranty 5.03. Contractor warrants to City, for one (1) year from the date of any repairs, that the repairs shall be free from defects in material and workmanship. Contractor shall be liable for the replacement and installation of any parts that fail through a defect in material or workmanship at no charge to City during such warranty period. 5.04. City will notify Contractor of general locations requiring repair and a general description of the field conditions at repair locations. City makes no guarantee of the total quantity of Work to be provided. Notification of properties whose service may be interrupted will be the responsibility of the City. 5.05. City shall not be responsible for the accuracy or completeness of information or data shown on the City's water, sewer, or storm drain system base maps or any other utility information. Contractor shall have full responsibility for reviewing and checking all such information and data, for calling Underground Service Alert, for locating all underground utilities, for coordinating the Work with owners of such underground utilities during construction, for the safety and protection thereof and repairing any damage thereto resulting from the Work, the cost of which will be considered as having been included in the Contract Price. Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary. All paved areas, including curb, gutter, and sidewalk, cut or damaged during construction, shall be replaced with similar material of equal thickness to match the existing adjacent undisturbed areas. Contractor shall comply with the City of Vernon Trenching Standard Plan described in Exhibit "C" attached hereto and incorporated herein by reference. 5.06. Contractor will perform the,Services under this Agreement on City's Premises during regular business hours. Page 10 of 22 Tools, Materials, and Equipment 5.07. Contractor will use materials and supplies from the City inventory or vendor identified by Contractor. A maximum mark-up of ten percent (10%) on materials supplied by Contractor will be allowed. Contractor shall supply City with an original receipt of all materials utilized on the job. The use of the City's inventory will be at the City's sole discretion. There will be no cost to the City for materials and supplies used from the City's inventory. Liability Insurance 5.08. Contractor and its subcontractor(s), if any, shall, prior to commencement of any Work and for the duration of this Agreement, obtain and maintain at its own expense, those minimum levels of insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall provide the City with proof of insurance providing and maintaining the coverages and endorsements set forth below. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to the City. 5.09. The insurance coverage as listed herein, shall be properly endorsed to include those contractual obligations which may be identified further within this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured. 5.10. Contractor shall cause its insurers to issue, including but not limited to, Certificates of Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 5.11. Contractor shall ensure its subcontractor(s), if any, maintain those insurance , requirements as specified in this Agreement and are endorsed as additional insured(s) on all required Contractor insurance coverages. Contractor and its subcontractor(s), if any, shall maintain in effect the following minimum insurance coverages on an Occurrence Form Policy: A Workers Compensation within the statutory limits, including occupational illness or disease coverage in accordance with the laws of the nation, state, territory, or province exercising jurisdiction over the Contractor's employees. Workers Compensation and Employers Liability Insurance shall have a minimum limit of $1 ,000,000 per occurrence. Contractor further agrees to hold harmless and indemnify City for any and all, claims arising out of an injury, disability, or death of any of Contractor's employees or agents. Page 11 of 22 B. Comprehensive General Liability Insurance, including, but not limited to, Contractual Liability, Products and Completed Operations Liability, Broad Form Property Damage and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a minimum combined single limit of $2~OOO,000 per occurrence. C. Comprehensive Automobile Insurance, including, but not limited to, all owned, non-owned or hired vehicles with a minimum combined single limit of $1 ,000,000 per occurrence for bodily injury,and property damage. D. Excess Liability Insurance with limits of $2,000,000. Such evidence of insurance can either be through the primary insurance coverages or through an excess policy. Such insurance shall at all times be on an occurrence form and provide policy conditions as broad as those required in the primary insurance. 5.12. Contractor agrees to provide insurance in the amounts and forms specified above. Contractor shall submit to the City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Agreement. Contractor shall not commence performance of its Work under this Agreement until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. 5.13. Contractor shall not permit a subcontractor or vendor to perform work on City premises unless and until a certificate of insurance is obtained .showing that such subcontractor or vendor has worker's compensation coverage. If Contractor employs subcontractors as part of the Services rendered, Contractor's protective coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth above. Representations 5.14. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and all costs of defense, arising out of or attributable to the negligent or wrongful acts of Contractor or its employees or agents under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. The terms of this indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation Page 12 of 22 on the amount or type of insurance coverage carried by Contractor. 5.15. Contractor and City represent that each has read and understands the Agreement and Contract Documents. The Contractor represents it understands the City's regulations concerning Premises access, badges, parking, security, safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that Contractor has visited Premises where the Work is to be done and is familiar with the local conditions under which it is to be done. Contractor also represents that it is experienced in performing and competent and qualified to perform the kind of , tasks or assignments included in the Work and employs or has available for employment in sufficient numbers all unskilled, skilled, administrative, supervisory, professional and managerial or other personnel required to perform the Work as required by this Agreement. 5.16. Contractor represents that it has the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, withoutthe advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. Contractor has complete and sole discretion for the manner in which the Work under this Agreement will be performed. 5.17. Contractor declares and states that is has complied with and will continue to comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the Services to be performed under this Agreement. 5.18. Contractor agrees to indemnify, defend, and hold City free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorney's fees and costs, that City may incur as a result of a breach by Contractor of any representation or provision contained in this Agreement or any negligent or intentional acts or omissions by Contractor, it subcontractors, agents, and employees. 5.19. Contractor's rights under'this Agreement may not be assigned nor may its duties be delegated or subcontracted without the prior written consent of City. Any assignment or delegation or subcontract in violation of this Section shall, at City's sole discretion, be void. Consent by City shall not relieve Contractor of responsibility for performance of Contractor's obligations hereunder. City may assign all or any part of this Agreement at any time effective immediately upon written notification to Contractor. Page 13 of 22 Work Injury 5.20. The treatment and care of injuries sustained by Contractor's employees, subcontractors, representatives or other personnel shall be and remain the responsibility of Contractor. City's first aid facilities, if any, however, will be made available to Contractor's employees in emergency cases which are the direct result of accidents occurring on the Premises. City shall incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of action, claim, liability or costs, including attomey's fees, arising in whole or part out of the furnishing of such first aid facilities or assistance to Contractor's employees, subcontractors, representatives or other personnel, or out of the failure to furnish such facilities or assistance. Records, Inspection and Audit 5.21. During the course of Work being performed, Contractor and any of its subcontractors, shall maintain and retain, not less than three (3) years after completion thereof, complete and accurate records of the Contractor's costs which are chargeable to the City under this Agreement. City or its designated, authorized representatives, shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by the Contractor shall include: (a) payroll record accounting for the total time distribution of the Contractor's employees working full or part time on the Work (to permit tracing to payroll payments in cash); (b) invoices for purchases, receiving and issuing documents, and all the otherunit- inventory records for the Contractor's stores, stock or capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and any other third parties' charges; and (d) any other documentation City deems necessary to support costs and charges under this Agreement. Corporate Conduct 5.22. Contractor, its employees, agents or representatives shall not offer or give to an officer, official or employee of City gifts, entertainment, payments, loans or other gratuities to influence the award of a contract or obtain favorable treatment under this Agreement or any other contract. Standard of Care 5.23. Contractor agrees that all Services provided will be conducted by the principal and competent staff members, if any, under the supervision of the principal, and that Services will be performed and rendered diligently. Contractor represents that it has, or shall secure, at its own expense, all personnel required to perform Contractor's Services under this Agreement, but at all times shall be responsible for the Services of such personnel. Contractor may not employ any Page 14 of 22 subcontractor without the prior written approval of the City. Indemnity Process 5.24. The City shall notify Contractor in writing of any suits, claims or demands covered by any indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall assume the defense of such claim with counsel reasonably satisfactory to City. If Contractor fails, within a reasonable time after receipt of such notice, to assume the defense with counsel reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of City the assumption and conduct of the defense by Contractor would materially and adversely affect City in any manner or prejudice its ability to conduct a successful defense, then the City shall have the right to undertake the defense, compromise and settlement of such claim for the account and at the expense of Contractor. Notwithstanding the above, if the City in its sole discretion so elects, City may also participate in the defense of such actions by employing counsel at its expense, without waiving the Contractor's obligations to indemnify or defend. Contractor shall not settle or compromise any claim or consent to the entry of any judgment without the prior written consent of the City and without an unconditional release of all liability by each claimant or plaintiff to the City. Treatment of Confidential and Proprietary Information 5.25. For ten (10) years after the effective date of this Agreement, Contractor shall refrain from using any Confidential or Proprietary Information except in connection with the Work or from disclosing it to any third party other than to employees of Contractor who require it in performance of the Work and except to such otherthird persons as City may authorize in writing. If disclosure to such an employee or to other third persons is so authorized, Contractor shall enter into with said party a confidentiality agreement containing provisions with respect to use and disclosure of Proprietary Information substantially the same as those contained in this Agreement. 5.26. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary Information which City may supply to Contractor hereunder. Contractor may copy, in whole or part, such documents to the extent necessary for the performance of the Work, and Contractor shall return to City upon the completion of the Work or request by City all such documents and copies. , 5.27. Except as expressly permitted by prior written consent of the City, Contractor and/or its subcontractors shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Page 15 of 22 Confidential Information to any other person or entity. Contractor and/or its subcontractors shall return any written Confidential Information and all copies made of such items to the City upon the City's written request, but in any event not later than the date that Contractor has performed all Work to be performed pursuant to this Agreement. Contractor hereby agrees that such Confidential Information and any documents provided may be used by Contractor and/or its subcontractors only as authorized by the City. Contractor shall include a provision in its agreements with subcontractors that bind the subcontractors to this non-disclosure requirement. 5.28. All reports, plans, data, studies, maps, drawings, models, photographs, documents and other writings prepared by and for Contractor, its officers, employees, agents and subcontractors in the course of implementing this Agreement, with the exception of working notes, internal documents and Confidential Information provided by businesses located in City, shall be considered the property of City. Contractor shall deliver such documents and materials to the City as they are generated; however, Contractor may take and retain copies of said documents and materials that are not Confidential Information, as desired. 5.29. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its Services pursuant to this Agreement are confidential until released by the City to the public and Contractor agrees that such documents shall not be available to any individual ororgani~ation without the written consent of the City prior to such release. 5.30. No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Contractor. Compliance with Authority 5.31. Contractor shall comply with all laws, regulations, executive orders and other applicable requirements of any governmental agencies having jurisdiction including the Fair labor Standards Act, the Occupational Safety and Health Act and all those relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. 5.32. Contractor shall make timely payment of all employment taxes and of all social security and other contributions of every kind required to be made with respect to or measured by the wages and salaries of persons employed by Contractor. Page 16 of 22 5.33. Contractor shall indemnify City against, and hold City harmless from, any liability or loss including liability or loss from fines or penalties arising out of Contractor's failure to perform the obligations imposed upon it by Sections 5.30 and 5.31 of the Agreement. Progress Reports 5.34. Contractor shall meet with City staff, upon City's request, or as needed, in order to provide reports or information conceming the Services being performed by Contractor under this Agreement. Contractor's License Classification 5.35. Contractor shall possess a valid Class A General Engineering Contractor's license for the duration ofthis Agreement. ' SECTION 6. TERMINATION OF AGREEMENT 6.01. Unless otherwise terminated as provided in this Section or unless otherwise extended according to the terms and conditions set forth in this Agreement, this Agreement will continue in effect for a period of one (1) year after the effective date of this Agreement. Non-Default Termination 6.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days written notice to Contractor and such termination shall be effective in the manner specified in such notice and shall be without prejudice to any claim that either party may have against the other. During the thirty (30) day period after such notice is sent, the parties shall continue to act toward each other in good faith. 6.03. In the event of any such termination, in full and complete settlement for the termination of the Work, City shall pay Contractor for those Services performed prior to the date of delivery of the termination notice, plus compensation for (i) necessary Work performed during the notice period and authorized in the termination notice, and (ii) all costs reasonably and necessarily incurred by Contractor directly attributable to termination which could not reasonably have been avoided and for which Contractor is not otherwise compensated that are incurred through the date of termination and effectuating the termination ("Termination Expenses"). Termination Expenses shall not include lost profits, lost opportunities, consequential damages, or the like. In no event shall total payment exceed the Contract Price. Page 17 of 22 Termination on Occurrence of Stated Events 6.04. This Agreement will terminate automatically on the occurrence of any of the following events: A. Bankruptcy or insolvency of either party; or B. Sale of the Contractor; or C. Assignment of this Agreement by Contractor without City's written consent. Termination for Default 6.05. If Contractor defaults in the performance of this Agreement or materially breaches any of its provisions, City may immediately terminate this Agreement by giving written notification to Contractor indicating the effective date of such termination. Termination will take effect immediately upon the date specified in the notification. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: A. Contractor's failure to perform, in a manner satisfactory to the City in its sole discretion, the Services specified in Section 3 of this Agreement; or B. Contractor's material breach of any obligation or provision contained in Section 5 of this Agreement. 6.06. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or defaultof such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 6.07. In the event of any termination of this Agreement or reduction in the scope of the Work, Contractor shall not be entitled to damages for loss of profits for the unexecuted portion of the Work or any other damages because of such termination or reduction. Page 18 of 22 SECTION 7. GENERAL PROVISIONS Notices 7.01. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses set forth below, or at such other address as may be fumished by either party to the other in writing. Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day' the facsimile was sent. Mailed notices will be deemed communicated as of the day of receipt or the third (3rd) day after mailing, whichever occurs first. Contractor - Colich & Sons, L.P. Attn: John Milan Colich, Chairman of the Board 54 7 West 140th Street Gardena, CA 90248 City- City of Vernon, California Attn: Bruce V. Malkenhorst, City Administrator/City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 Fax: 310-217-2573 Telephone: 323-770-2920 Fax: 323-826-1438 Telephone: 323-583-8811 ext 260 Entire Agreement of the Parties 7.02. This Agreement supercedes any and all agreements, either oral or written, between the parties with respect to the rendering of Services by Contractor for City and contains all of the representations, covenants, and agreements betwee'n the parties with respect to the subject matter of this Agreement and the rendering . of those Services. Each party to this Agreement acknowledges that 'no 'representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement or a subsequent amendment or change order shall be valid or binding. No amendment or change .in the provisions of this Agreement shall be made, except in a formal written amendment signed by Contractor and an authorized representative of the City, or in a written change order. Contractor expressly waives all claims for compensation based upon quantum merit, implied contract or oral contract. Each party represents and warrants that it has read and fully familiarized itself with this Agreement, and that such party has been fully authorized to sign this Agreement. 7.03. This Agreement shall be comprised of these included provisions, together with Exhibits A, Band C, which are all attached. In the event of conflict between this Agreement and any of the exhibits, including the Proposal, this Agreement shall prevail. ' Page 19 of 22 Partial Invalidity 7.04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Law and Arbitration 7.05. All disputes arising out of or related to this Agreement, the conduct of either party in connection with this Agreement, and the relationship and rights of the parties in connection with this Agreement, whether characterized as breach of contract, tort, or otherwise (except for those requesting injunctive relief) shall be determined by binding arbitration in accordance with the terms of this Section. The submittal of all matters to arbitration in accordance with the terms of this Section is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for claims by either party which seek injunctive relief, which claims shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three retired judges of the Superior Court of the State of California (the "Arbitrators") under the auspices of Judicial Arbitration & Mediation Services, Inc. ("JAMS"). Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to arbitrate (the "Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS panel. If one of the parties does not select a retired judge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party will select the third judge for the panel. The third judge is to be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. The arbitration shall be conducted in Los Angeles, Califomia. Any party may be represented by counsel and/or other authorized representative, In rendering a decision(s), the Arbitrators shall determine the rights and obligations of the , parties according to the substantive and procedural laws of the State of California and the terms of this Agreement. The decision of the Arbitrators shall be based on the evidence introduced at the hearing and accompanied by a written statement of decision as to each of the principal controverted issues. The Page 20 of 22 agreement of two of the three Arbitrators as to the resolution of the dispute shall be a conclusive resolution. The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the selection of the last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in the California Code of Civil Procedure Section 1286.2. The validity and enforceability of the decision of the Arbitrators is to be determined exclusively by the California courts. Attorney's Fees 7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. 7.07. Neither party shall be considered in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or . municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 7.08. Except as may otherwise be specifically provided herein, this Agreement may be modified or amended only by a written document executed by both Contractor and the City and approved as to form by the City Attorney. 7.09. The captions used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of the Agreement or any part thereof. 7.10. City reserves the right to award similar contracts to multiple contractors to ensure the City has adequate services. Page 21 of 22 IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown below. Executed at , California, on City: City of Vernon s6:~~ .. -'1Ja~: leonis G. Matpurg, Mayor Date: ATTE~,,~, APPROVED AS" TO FORM: r--~ C~ . Bruce V. Malkenhorst, City Clerk Eric T~ Fresch, City Attmney Contractor: Colich & Sons, L.P. ~~~~ Title. CQREfG9.IN&. B. Po Date: -AfIn l I' I 206<5" Name: Title: Date: Page 22 of 22 , , . r r I" : :'!.I"' PROPOSAL FOR EMERGENCY WATER AND SEWER REPAIRS CITY OF VERNON Submitted To: Samuel Kevin Wilson, P.E. Director of Community Services and Water City of Vernon 4305 Santa Fe Ave Vernon, CA 90058 From: Colich & Sons, L.P. 547 W. 140TH St. Gardena, CA 90248 (323) 770-2920 (- (- t"i ... Proposal Contents 1. Background and Approach 2. Methodologies 3. Work Plan 4. Related Experience 5. Lead Staff Resumes 6. Cost Data A. Labor B. Equipment C. Material and Supplies 7. Other Information A. Insurance Coverage r- ( , r ,-'~ .. Background and Approach ---- (. , Background and Approach ,~ . Colich & Sons has been in the underground construction business for over 27 years and has been doing business as Colich & Sons, L.P. since Aprilof2000. We have and continue to perform extensive underground work throughout Southern California. Colich & Sons is very familiar with the requirements of on-call emergency contracting as you can see from our job list (under the Related Experience section of this proposal). Colich & Sons has been under contract with the City of Los Angeles Department of Public Works, City of Los Angeles Sanitation Department, Los Angeles County Department of Public Works, Los Angeles County Sanitation Districts, and California'Water Company, to name a few. All of our employees are trained and certified in safety under the direction of our Safety Officer. Colich & Sons has an excellent safety record. Colich & Sons has a full complement of standard specifications and detailed drawings, including the City of Vernon. '. , " l;-- . Methodology r i ' r Methodoloev As described in the following Work Plan section, the Methodology is dependent upon the nature of the call. However, as in any service that Colich & Sons provides, safety of its workers and the general public is first and foremost of importance. All situations are reviewed from a safety standpoint in conjunction with the appropriate means and methods for completing the work. Our methodology includes planning for the completion of the work in the most economic and timely fashion with a clear understanding of the requirements of the agency to which we are contracted ' and to which has jurisdiction over the work to be performed. ,< r Work Plan r r-. Work Plan The work plan is dependent upon the nature of the call. For example, sewer or water repair, replacement, lining, cleaning, sewer spill/emergency clean-up and repair, water break/emergency clean-up and repair, time sensitive call outs (emergency with immediate response required), and non- time sensitive call-outs (non-emergency) are all handled differently. Colich & Sons has a 24 hour emergency call number. Generally, after receipt of the call, a manager from Colich & Sons will visit the site, assess the conditions, and determine the resources needed to perform the work. Colich & Sons has a large equipment inventory and has numerous vendors with 24-hour access and availability. If excavations are required, proper notice must be given to the Underground Service Alert for the marking of existing utili ties. This will be done regardless of the nature of the call, emergency with immediate response required or non-emergency. All calls are documented. , Once a call is received, a managing employee from Colich & Sons will immediately assess the conditions and will keep in constant contact with the City while developing a work plan, executing the work, and closing out the project. The managing employee will be responsible for providing notifications and dispatch of crew, equipment, and materials. . . . ,- ( , i. r \ , Related Experience t..l r- ~ ...J Q.. ~ o 'v -- Z t..l Q.. o '<1' lO N 2 a: o u. o a: <( o z <( I- ef) o llJ u. o o 2 " o !- U ~ !- Z o U ...J ~ ex:: t..l z t..l <.:l ~ t..l ef) Z Z ~ go c6 I U -J o U r- z ::> o ~ ~ r- U ~ .~ r- II 6::~ ~S! 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CALIFORNIA 90248 License #783522A TELEPHONE 323/770.2920 FAX Estimating 310/329.2846 Accounting 310/329.1532 Operations 310/217.2573 JOHN MILAN COLICH - Chairman of the Board Education University of Southern California Member Track & Field Team Bachelor of Science Degree - Finance Sigma Chi Arizona State University Engineering Graduate Studies Personal and Professional History 1972 to 1976 John Colich worked for his father's construction company, Colich Construction, Co. (license #193488), where he developed exemplary bidding skills for both private and public works projects. John specialized in the day to day operations including manpower management and material procurement as well as schedule preparation. 1976 to 1977 John joined with his brother and together they formed their own construction company, Colich Bros., Inc. (license #326860A) where they specialized in the construction and installation of sewer, storm drains and water systems. 1977 to 1991 Colich Bros., Inc. joined Colich Construction Co. creating a joint venture known as Colich & Sons (JV) (license #335424A). During this period Colich & Sons (JV) increased its banking and bonding relationships to become one of the dominant underground construction companies in Southern California. 1991 to 2000 In 1991 Colich Construction became inactive in the joint venture, license and Colich Bros.. Inc. assumed the d.b.a. of Colich & Sons and continued the business under their license #326860A. In addition to the California license Colich Bros., Inc. holds a Nevada contractors license (#369l8A) and around July, 1997 successfully completed a large water line project in Henderson, Nevada for over $4 million. Colich & Sons grew from under ten employees and $200,000.00 per year in billings to over 120 employees. Annual revenues reached as high as $50,000,000.00. Colich Construction Company, Colich Bros., Inc., Colich & Sons (N) and Colich Bros., Inc. d.b.a. Colich & Sons has retained the same bonding company for over 40 years and has continuing and growing good will among the industry. 1993 to present In 1993 Coretco, Inc. was established and holds a California contractors license (#672749A) as well as an Arizona contractors license under the name of Pacific Western Contractors (#106844). Effective January 2000 John Colich became the sole owner of Coretco, Inc. which has assumed the d.b.a. of Colich & Sons. During the period of June through August, 2000 Coretco, Inc. dba Colich & Sons has been awarded over $17,000,000 in construction contracts from both public and private entities.. 2000 to present On 4-26-00 Colich & Sons, LP. was organized and holds a California contractors license (#783522). Since 8-25-00 all CalifOrnia work has been bid under this partnership of which Coretco, Inc. is the generalpartner. The Colich Companies have been directly involved in close to one thousand projects from startlo completion ranging from $9,000 to over $25 million. Projects include storm drains, storm channels, reinforced concrete box, all types of sewer systems including pump stations and water systems both domestic lines and transmissions mains. These projects have been located in Los Angeles, Ventura, Riverside, San Bernardino, Kern and San Diego Counties and well as Clark County, Nevada. Further Information Will Be Provided Upon Request Pbone 323/770-2920 Education 1973-1976 1976-1979 1981-1983 Experience 2000~present Vice President COLlCH & SONS, L.p.r General Engineering Contractors 547 West 1401h Street Gardena, CA 90248 THOMAS R. BENSFIELD VICE PRESIDENT William Howard Taft High Woodland Hills, California Brigham Young University General Education Cal Poly San Luis Obispo Construction Engineering CoUch & Sons. L.P.: Coretco. Inc.. G.P. 1983-2000 Colich &Sons.-General Engineering Contractors Estimator, Superintendent, Project Manager Current Position '- Operations Manager Fax 310/329-2846 Estimating 310/217-2573 Operations Direct involvement of the management of public works and private projects (primarily wet utilities) in excess of 150 million dollars to date. Primary responsibilities include: Contract interpretation and implementation; schedule preparation and management; direct control over resources (labor, equipment & subcontractors); directing/delegating all tasks to responsible parties (i.e. Project Manager, Project Coordinator, Project Engineer, Superintendent, Foremen, Accounting); trouble shooting; customer liaison. Major focus is project safety, quality and productivity to maximize profit. 1979-1980 Parry & Lamping Construction. Provo. Utah General Labor-- Wood frame construction, residential. Resume.Bensfield02/03 ,.-- / - . Select Proiects Calleguas Municipal Water District Mesa Feeder Relocation Specification No. 392 May 2000-July 2000 Contract: $189,174 The Moote GrouplPlaya Capitol On-site/Off-site DWP Waterline, Sewer, Stonn Drain Tract No. 49103-03 December 1999-Current Contract: $1,458,793 City of Chino Hills/J.p. Rhoades Development Domestic & Reclaimed Water Main CFD 105 August 1999-November 1999 Contract $619,179 West Basin Municipal Water District 42-inch Recycled Water Transmission Main Spec W858 January 1999-November 1999 Contract: $8,700,000 L.A. County Dept. of Public Works Street Improvements Proj. 6275 Alameda Street Phase 1 January 1997 -October 1999 Contract: $10,770,041 City of San Diego M.W.D. South Bay Ocean Outfall Sewer Special Structures Proj. K961 07 June 1 997 -September 1997 Contract: $9,950,000 -- r . County Sanitation Districts of Orange County Slater Ave. Pump Station Sewage System Proj. 11-17-1 January 1995-August 1997 Contract: $5,626,730 Mesa Consolidated Water Dist. Water Transmission Main Proj. MCI063 , Complete 1993 Contract: $1,623,819 County Sanitation Districts of Orange County Interplant Pipeline & Utility Corridor Job No. 1-9 October 1991-December 1993 Contract: $21,569,525 L.A. County Sanitation Districts J.O. "H" Unit 7C-Section 4Sewer March 1999-April 2000 Contract: $8,133,356 Resume,BensfieJd02/03 r', COllCH & SONS, L.P.r- General Engineering Contractors 547 West 1401h Street Gordeno, CA 90248 Phone Fax 323/770-2920 310/329-2846 Estimating 310-217-2573 Operations BRADLEY A. SIMS, P.E. PROJECT MANAGER/RESIDENT ENGINEER Education Purdue University, West Lafayette. Indiana Bachelor of Science, Civil Engineering, 12/94 Majors: Structural Engineering and Construction Management Minor: Geotechnical Engineering Experience 3/96-oresent Colich & Sons. L.P.. General Engineering Contractors Project Manager / Resident Engineer. Responsibilities: ' · In-house Civil design for public works projects · Project management and cost tracking · Change order tracking and negotiation .CPM scheduling and execution thereof · Resource allocations · Value engineering · Project start-up/shop drawings 1/95-3/96 U-Liner West. Trenchless Pipeline Reconstruction Superintendent. · Managed pipeline rehabilitation projects throughout California · Responsible for up to 12 crew members and related equipment · Project submittals, cost tracking. CPM scheduling, purchasing Additional Qualifications · Registered Professional Civil Engineer - State of California #058238 · Registered Professional Civil Engineer, State of Arizona #38499 · NCEES Nationally Registered Engineer · OSHA Certified Safety Representative #S419-00 · OSHA Certified Gas Monitor #G695-00 ReslIme,Sims02103 Select Proiects r r City of Los Angeles NCOSINOS Sewer System Rehab. .' . 1738' 78" & 2860' 66" CCFRPM Job #2064 - $7,586,069 City of Los Angeles Tenninal Island Treatment Plant W. W. Treatment Piping Job #2034 - $3,150,000 Basin Water Technology Group Yucca Valley Wellhead Treatment Facilities Job #2019 - $1,300,000 City of Los Angeles Lower Central Outfall Sewer Rehab. 13000' 57-69" Sewer Rehab. Job #715 - $14,641,392 West Basin M.W.D. 42" Recycled Water Trans. Main 18000' 42" WSP Job #705 - $8,677,100 City of Los Angeles DWP Roscoe Blvd. Trunk Line Replacement 24000' HDPE Slipline Exist. Water Main Job #671 - $3,840,000 City of Los Angeles DWP Stone-Hollywood Trunk Line Unit II 4692' 60" WSP Job #654 - $2,947,500 City of San Jose Yerba BuenalSylvandale Pipeline 18000' 30" CML Steel Pipe Job #652 - $5,770,700 West Basin M.W.D. Westside Water RecyclIng 20250' 24" Waterline ' Job #642 - $3,550,000 Resume,Sims02103 l-.- ( COLlCH & SONS, L.P'(~ General EngIneerIng Contractors 547 West 140th street Gardena, CA 90248 Phone 323/770-2920 Fax 310/329-2846 Estimating 310/217-2573 Operations MICHAEL YEPIZ PROJECT MANAGER Education March 2002-present California State Univ. Fullerton - Extension 1996-2001 Orange Coast College Costa Mesa, CA 1991-1994 Coastline Community College Fountain Valley, CA Qualifications Experienced with both private and public works projects. The projects include excavation and grading, pipeline, concrete structures, mechanical (pump stations and wastewater treatment facilities) and pipeline rehabilitation. Interacted with numerous agencies throughout California including Caltrans, City and County of Los Angeles, LA-DWP, City and County of San Diego, Orange County Sanitation District, Army Corp of Engineers and several agencies in Northern California. Experience 412001-present (rehire) Colich & Sons. L.P Project Manager. Oversee public works projects including scheduling, subcontractor coordination, interaction with agencies/owners, negotiaton of subcontracts and change orders, purchasing, and job costing. 1/2001-4/2001 Southwest Pipeline and Trenchless Project Manager. Oversee public works projects including scheduling, subcontractor coordination, interaction with agencies/owners, negotation of subcontracts and change orders, purchasing, estimating and job costing. 1996-2001 ZZ Liner. Inc. General Superintendent. Responsible for all field operations related to pipeline rehabilitation. Interact with agencies/owners; negotiate subcontracts and change orders, purchasing, estimating and job costing. Oversee. and coordinate maintenance and equipment repair personnel. 1995-1996 Pascal & Ludwig Engineers Superintendent. Supervise and manage public works projects for several agencies in Southern . California. Project safety officer. Resume. Yeplz02/03 1987-1995 (-. Colich & Sons (..-. Foreman. Supervise work for private and public works projects tnroughout Southern California including excavation, pipeline, concrete, mechanicaJ and slip lining. 1976-1987 Previous Construction Experience Accreditations Trained in Competent Person Awareness, Confined Space, S.T.A.R.T. Safety Management, Haz- Mat, First aid and CPR, Crane safety, excavation & shoring, trenchless technologies. Select Proiects City of Rancho Palos Verdes San Ramon Drainage & Landslide Stabilization HDPEJRCP Job #2033 - $2,298,436 City of Los Angeles NCOSINOS Sewer System Rehab. 1738' 78" & 2860' 66" CCFRPM Job #2064 - $7,586,069 VH Property Corp. Storm Drain Tr. 50666 MTD 1472-6 Job #2049 - $398,000 Sanitation Districts of L.A. County Joint Outfall ''1'' Unit IF 4867' Steel Pipe Force Main Job #2056 - $576,262 V.H. Property Corp. 8" VCP Rancho Palos Verdes Job #2057 - $79,192 City of Rancho Palos Verdes 25th St. Rehab. 36" HDPE & RCP Job #2059 - $335,540 . Ocean Trails P.V. Drive South & East St. hnprvts. Job #2068 - $2,938,871 City of Rancho Palos Verdes Abalone Cove Sewer hnp. 14000' 8" PVC; 7000' 3-6" force main; 4000' HDPE Job # 2011 - $4,713.421 Merco Constriction Engineers Encino Water Quality hnp. Job #2063 - $1,753,120 Resume. Yepiz02/03 r- ,. \ ....... (' COLlCH& SONS General Engineering Contractors 547 West 140th Street Gardena, CA 90248 Phone: (323) 770-2920 Fax: (310) 329-2846 H. HOWARD LIDDLE ESTIMATOR Education: Point Loma College, San Diego 5/86 B.A. Business Administration Experience: CoUch .& Sons, General Engineering Contractors 547 West 140th Street, Gardena, CA 90248 12/89-Present EstimatorlBusiness Development · Estimatelbid projects ranging from $100,000 to $25,000,000 both public and private sector · Assist project management · West Basin Municipal Water District · City of Los Angeles · The Moote Group · Calleguas Municipal Water District · County of Los Angeles · S&S Construction · Metropolitan Water District · County of Orange Ampac Company Rancho Cucamonga 9/89-12/89 Salesman · Reinforced concrete pipe Ameron Corporation Concrete Pipe Group, Southern California Division 7/86-9/89 Salesman · Reinforced concrete pipe Further information will be provided upon request. ,.r-. I. ' ~ r ~ . Cost Data .- r 4. Related EIpe: Ice r. , Describe recent, directly related experience. Include on each listing the name of the client; description of the work done; primary client contact, address and telephone number; dates for the project; name of the Project Director and/or Manager and members of the proposed project team who worked on the project, as well as their respective responsibilities. At least three references should be included. The City ofVemon reserves the right to contact any of the organizations or individuals listed. . . . "". 5..Cost:p~ta 1 .'-"Indicate the unit and total costs for which you will conduct the project. A. Labor: Contractor's rates (with markup, overhead, etc.) for thefollowingjob classifications: DescriDtion Regular Hourly Rate 1. Equipment Operator $ 84- Per Hour 2. Traffic Controller $ 60- Per Hour (Flagman) 3. PlumberlLaborer $ 62- Per Hour 4. Laborer $ 60- Per Hour 5. Foreman/Supervisor $ 93- Per Hour (Laborer) 6. Cement Hason. $ 71- Per Hour 7. Mason- Foreman $ 76- Per Hour .{ " 8. Carpenter $ 74- Per Hour 9. Senior Foreman $ 76- Per Hour 10. Teamster $ 69- Per Hour 6 ; B. Equipment: , The following costs shall be paid by City when specified equipment is used for repair: ~ . Description Cost 1. Dump Truck (5 yd. Bobtail or comparable) $ 400- $ 375- Per Job Trip Per Day 2. Service Vehicle (utility body pickup) Per Job Trip Per Day. 3. Backhoe (Case 580E or comparable) Cat 446B Compressor (150 cfrn) $ 550- Per Job Trip Per Day 4. $ 275- Per Job Trip Per Day 5. Traffic Arrow Board $ 100- $ 175- $ 750- 1200- Per Job Trip Per Day 6. 4" Trash Pump Per Job Trip Per Day 7. 950 Cat Loader Per Job Trip Per Day 8. 325 Cat Excavator $ Per Job Trip Per Day 9. 4000 Gallon Water Truck 10. $400- $ Per Job Trip Per Day Per Job Tri Per Day C..> : Material and Supplies: f The Contractor will use materials and supplies from the City inventory or vendor identified by the Contractor. A maximum mark.up of 10% on materials supplied by the contractor will be allowed. The. contractor shall supply the City with an original receipt of all materials utilized on the job. The Use of the City's inventory will be at the City's discretion. There will be no cost to the City for materials and supplies used from the City's inventory. Notes: 1. Hourly rate Service Vehide incllJdes use of any and all tools and equipment not separately listed. 2. Time starts when Contractor anives at job site and ceases when Contractor leaves the job site at the end of the job. 3. Labor will be based on hourly rates payable to the nearest 6 minutes (tenths of one hour). 4. If City requests work outside normal work hours (7;00 AM to 5 :00 PM. Mon.,.Fri.). above hourly rates increased by %'(see attached) 5. Premium for eight-hour response time is $10 . 000- 6. Premium for four-hour response time j~ $15 .000- 7. The mlnimum number of hours charged is4 min / over 4- Pay. 8 8. A detailed schedule of c,?sts must be submltted to the City for approval for all costs, including labor, equipment, material and supplies prior to payment. " .' f 6. Other Information include any other information you consider to be relevant to the proposaL IV~. . Insurance C6vera2e As part of the proposal, the Contractor shall submit a statement verifying the Contractor's ability and commitment to obtain all the necessary insW"ance requirements as descnbed on Exhibit B. The selected Contractor shall submit the inswance requirements specified below and secure approval by the City. Failure to provide the insurance requirements will be grounds for rejection of the contractor. 7 ... '-. {- COLlCH & SONS, loP. LABOR BURDEN RATES .,.- ( IC A LI FOR! N I A I TOTAL '~RTIME! PREMIUM -=C-RATOR~ (7-1-04 TO 6-30-07] I STRAIGHT I (TIME ~_1/2) i (DOUBLE) , I.! I i B-1 GRPVI BACKHOE (215. 225. 5800,etc.) $84 $111 j $140 B-1 GRP VI + SENIOR OVERSCALE OPERATOR $89 $117 I $145 A-1 GRP. X WELDER-REPAIRMAN $84 $112 ! $141 Superinten<!entlforeman 1- $88 $117! $148 - -t----- ,--'-.----r-'-.-- --+- ! LABORERS (1-1-03 to 6-30-06) I GRP.I GENERAUJETTING/FLAGMAN $60 $79 I $98 GRP.II UNDERGROUND $62 $80 I $100 GRP.IV PIPE LAYERlSAW MAN/RAW SEWAGE $65 . $8~ I $107 Grp.1 Lead man $72 $95 I $119 Foreman $93 $124 ! $155 Senior Foreman $95 $129 I $165 I I I I TEAMSTERS (1-1-03 to 6-30-06) i I . . I i GRP.III 3 AXEL & WT of 2 axle, ErOSion Con, I $69 ' $891 $111 GRP. VI 5 AXEL LOWBED I $69 $90 I $112 I --+ i CEMENT MASONS (1-1-03 to 1-1-06) ---, -- I Journeyman $71 $931 $115 . Foreman $76 $99 ! $123 ! CARPENTER (1-1-02 to 6-30-06) - t Journeyman $74 $101 i $129 SENIOR FOREMAN j $761 $110T $140 I T Includes taxes & insurance Mark-up 7-1-04 to 7-1-05bids 2004-5C&SLPBRDN ..- ( r . '- . \ . :f , Insurance Coverage ACORD. CERTIFICA. c OF LIABILITY INSURAN<! .' CO~~g>-lC OA~~~:~~ THIS CERTIFICATE IS ISSUED AS A MA HER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Insurance PRODUCER - The Wo~di ~cl'1 Company r services, Inc. ~ Park Plaza, #400 Irvine CA 92614 Phone: 949-553-9800 Fax:9 . nfl -'fi-- 3~6\fo ~ \~I lS . .~-.., QCi 2 ~ 20M INSURERS AFFORDING COVERAGE Lexin ton Insurance Company National Union Fire Ins. Co Seabright Insurance Company st Paul Fire and Marine Ins NAIC# INSURED Colich & Sons LP. 547 W. 140th Street Gardena CA 90248 RC RD: Co INSUlER E: COVERAGES THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIi: POliCY PERIOD INDICATED. NOTWlTHSTJINOING PoNY REQUIREMENT. TERM OR CONDITION OF PoNY CONTRACT OR OTHEIl DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY TIi: POliCIES DESCRIBED HEREIN IS SUBJECT TO PH TIi: TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POliCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSRI TYPE OF INSURANCE POLICY NUMBER OA TE (MM/DOIYY) OATE (MM/ODIYY) LIMITS GENERAL LJAB'Lm' EACH OCCURRENCE $1,000,000 f-- A .li.. COMMERCW. GENERAl LIABILITY 2295801 10/15/04 10/15/05 PREMISES (Ea .occuren<:e) $ SO ,000 - :=J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ EXCLUDED PERSONAL & fJ.DV INAAY $1,000,000 - GENERAl AGGREGATE $ 2 ,000 ,000 GENt AGGREGATE LIMIT APPLIES PER: PRODuCTS - COMPfOP AGG $2,000,000 I POLICY [Xl '1& nLOC AUTOMOBILE LIABILITY COMBINED SiNGlE LIMIT - $ PoNY AUTO (Ea accident) f-- .zit.L OWNED AUTOS f-- BOOIL Y INJURY $ SCHEDUlED AUTOS (Per person) f-- HIRED AUTOS BOOIL Y INAAY f-- $ NON-OWNED AUTOS (Per accidenl) f-- c-- PROPERTY DAMAGE $ (Per acc'denI) GARAGE LIAIlIlITY AUTO ON. Y - EA ACCiDENT $ ~ PoNY AUTO OTHER llWI . EAACC $ AUTO ON. Y: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $20,000,000 ..B RJ OCCUR o CLAIMS MADE BE 2681243 10/15/04 10/15/05 AGGREGATE $20,000,000 $ 8 DEDUCTIBLE $ X RETENTION $ 10 , 000 $ WORKERS COMPENSATION AND X IrORY LIMITS / /vER C EMPL OYERS' LIABILITY B51040246 06/01/04 06/01/05 $1,000,000 PoNY PROPRIETORIPARTNERiEXECUTlVE E.L EACH ACCIDENT OFFICERiMEMBER EXClUDED? fl. DISEASE - EA EMPlOYEE $ 1,000,000 " yes. describe under E L DISEASE - POliCY LIMIT $ 1,000,000 SPECI.Al. PROVISIONS below OTHER D Equipment Floater 37458240 10/15/04 10/15/05 Limit $400,000 OESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADOEO BY ENDORSEMENT / SPECIAl PROVISIONS *Except 10 Days Notice of Cancellation for Non-Payment of Premium. CERTIFICATE HOLDER SAMPLEl CANCELLATtGH SHOUlD AH'( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA~N OATETHEREOF. THE ISSUING INSURER WIll ENDEAVOR TO MAIl 30 bAyS WRITTEIC NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL fMPOSE NO OBLIGATION OR LIABllllY OF ANY KINO UPON THE INSURER, ITS AGENTS OR ****SAMPLE CERTIFICATE ONLY*** For Informational Purposes Only ACORD 25(2001/08) @ACORDCORPORATION1988 EXHIBIT B CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. PROJECT': SUPPLEMENT NO. SHEET OF P.O. NO. CONSULTANT SHEETS TO: REQUESTED BY: You are hereby directed to make the herein described ch ................".............. ...... .......... ...."......" ...... ...... ".. .." $ $ $ $ $ """ " ...... """ fi e...............".... .. "." .... ".. "...... .. .......................... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ".. " .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ........ ...... ........................................ ................ .................. Approved: Date: City Administrator We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Consultant: By: Title: c: PurchasingIProject File/Consultant EXHIBIT C SAWCUT liNE NEW A.c. rPAVEUENT SAWCUT liNE t VARJf:5' ,.L t EXISTlNG PAVEA/ENT 1/2 SACK SAND SLURRY BACKFILL .4 ~ ..,. A 4 A '. <t. <t <t ~ A .4 '. ~. 4 4 "<t 4 V~ EXISTING BASE. EXIS77NG NATIVE So(L~ "A . . <t . .A 4 . PIPE .... ............. .............. .............. ................ ............. .............. .............. ................ .. ....... ....... .. ..... ....... ...... ....... ..... ..... 6.-" f ACCEPTED NATIVE BACKFILL TO BE COMPACTED TO 9OX. .:.....; , NOTES: 1. NEW PAVEMENT THICKNESS Stw..L BE 1 INCH BElOW THE EXISTING TO A MAXIMUM OF 10 INCHES, . UNlESS OTHERWISE APPROVED BY THE CITY ENGINEER. 2. ASPHALT CONCRETE Stw..L BE B-AR8000 WITH Lf/NIMUM 2- THICK AC. WEARING SURFACE COURSE. TACK COAT SHAI..L BE APPUED PER lATEST EDITION OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORI<S CONSTRUCTION (GREE BOOK). 3. ANlSHED ASPHAlT CONCRETE SHAI..L BE (3/4j B-AR8OOO, MINIMUM 2- THICK AND PAVED FLUSH WITH ADJACENT PAVEMENr WITHIN SAME DAY AS NEW AC. PlACEMENT. 4. DAMAGED AND UNDERMINED PAVEMENT SHAI..L BE REMOVED BY SAW CUTTING FULL DEPTH PARALLEl TO TRENCH AND REPLACED WITH (3/4j B-AR8000 AT NO COST TO THE CITY. 5. FOR CONCRETE STREETS THE WIDTH OF CONCRETE. TO BE REPlACED Stw..L EITHER BE FROM COLD JOINr UNE TO COLD JOINT UNE OR APPROVED TRENCH WIDTH WITH CONCRETE DOWELS (MIN. #4. BARS) PLACED EVERY 3 FT STAGGERED. 6. IF THE SAWCl1r UNE IS 3 FEET OR LESS FROM GlITTER UNE OR COLD JOINr THE AC. PAVEMENT OR CONCRETE Stw..L BE REMOVED TO. GUTTER UNE OR COLD JOINr. 7. ALL TRAFFIC SIGNAl.. LOOPS, DOTS, LANE UNES, PEDESTRIAN UNES, AND OTHER PAINTED MARKINGS ARE TO BE REPLACED . IN KIND BY THE CONTRACTOR. 8. AN ENCROACHMENT PERMIT Stw..L BE OBTAINED FROM THE CITY OF VERNON COMMUNITY SERVICES AND WATER DEPARTMENT PRIOR TO Nf( ENCROACHMENT OR CONSTRUCl1ON WITHIN A CITY OF VERNON R1GtIT-oF-WAY. 9. THE CONTRACTOR SHAI..L OBTAIN AN UNDERGROUND SER\IICE ALERT TICKET AND OBTAIN A CALIFORNIA COMMIS\ON OF OCCUPAnoNAl SAI"EJY AND HEALTH (DOSH) PERMIT IF THE TRENCH IS GREATER THAN 5 FEET DEEP PRIOR TO THE COMMENCEMENT OF WORK. 10. THE CONTRACTOR IS RESPONSIBLE FOR FURNISHING AND MAlNrAlNING ALL TRAFFIC CONTROlS AND SlGNAGE PER WAT.C.H. t.fANUAL DURING ENTIRE PROJECT. 11. NO STOCK PIUNG OF CONSTRUCTION MATERIALS OR EQUIPMENT SHALL BE ALLOWED OIlER NIGHT IN THE PUBUC RIGHT-OF-WAY UNlESS APPROVED BY THE CITY ENGINEER. 12. ALL NECESSARY STEEL PlATES SHAI..L BE PROVIDED AT THE JOB SITE PRIOR TO Nf( REMOVALS. PlATES SHAI..L BE SKID RESISTANT, RESTRAINED AND RAMPED WITH AC. COLD MIX. 13. ALL TRENCHES SHAI..L BE BACI<AUED WITH 1/2 SACK SAND SlURRY UNlESS OTHERWISE APPROVED BY THE CITY ENGINEER. 14. THE CONSTRUCTION SHAI..L COMPLY WITH CITY STANDARDS AND THE GREEN BOOK. TYPICAL TRENCH PAVING SECTION mY OF IOl'tO'( c:l4I.f'QIIlII4 CCMIilJNITY .5!lM:D" It ..mr DOWl1IIENT MY 20tU STANDARD PLAN V22 64 SHEET 1 OF 2 LlL S4WCUT LINE NEW A.c. PAVEMENT EXISTING BASe. t VARS ," L t 4 ~ '<1- iI .. 4 .4 '. 4. 4 '. 4 ~ A .4 '. ~. .., 4 4 EXISTING NATIVE: SOIL-./' 1/2 S4CK SAND SLURRY BACKRLL PIPE DIA. W WI W MAX "'''-12'' "4 . .iI 6" 8" 1.,."+ 8" 12" PIPE EXHIBIT C S4WCUT liNE EXISTING PAVFMFNT VARIE.S' PIPE BEDDING PEA GRAIIa. SEE CHART 1. NEW PAVEMENT THICKNESS SHAU.. BE 1 INCH BELOW THE EXISTING TO A MAXIMUM OF 10 INCHES, UNLESS OTHERWISE APPROVED BY THE CI1Y ENGINEER. 2. ASPHALT CONCRETE SHAU.. BE B-AR8000 WITH MINIMUM 2. THICK. AC. WEARING SURFACE COURSE. TACK COAT SHAU.. BE APPUED PER LATEST EDfT10N OF THE STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUCTION (GREE BOOK). 3. FINISHED ASPHALT CONCRETE SHAU.. BE (3/4' B-ARBOOO, MINIMUM 2. THICK AND PAVED FLUSH WITH ADJACENT PAVEMENT WITHIN SAME DAY AS NEW AC. PlACEMENT. 4. DAMAGED AND UNDERMINED PAVEMENT SHALL BE REMOVED BY SAW CUTTING FUll DEPTH PARALLEl. TO TRENCH AND REPlACED WITH (3/4' B-ARSOOO AT NO COST TO THE CI1Y. 5. FOR CONCRETE STREETS THE WIOTH OF CONCRETE TO BE REPlACED SHAU.. EITHER BE FROM COlD JOINT LINE TO COLD JOINT UNE OR APPROVED TRENCH WIDTH WITH CONCRETE DOWElS (MIN. '4 BARS) PlACED EVERY 3 FT STAGGERED. 6. IF THE sAWCur UNE IS 3 FEET OR LESS FROM GUTTER UNE OR COLD JOINT THE AC. PAVEMENT OR CONCRETE SHALL. BE REMOVED TO GUTTER UHf OR COLD JOINT. 7. ALL TRAFFIC SIGNAl... LOOPS, 0015, lANE UNES, PEDESTRIAN UNES, AND OTHER PAINTED MARKINGS ARE TO BE REPlACED IN KIND BY THE CONTRACTOR. 8. AN ENCROACHMENT PERMrr SHAU.. BE OBTAINED FROM THE CITY OF VERNON COMMUNI1Y SERVicES AND WATER DEPARTMENT PRIOR TO Nf( ENCROACHMENT OR CONSTRUCTION WITHIN A CITY OF VERNON RIGHT-OF-WAY. 9. THE CONTRACTOR SHAU.. OBTAIN AN UNDERGROUND SERVICE ALERT TICKET AND OBTAIN A CALIFORNIA COMMISION OF OCCUPATIONAl.. SAFETY AND HfALTH (OOSH) PERMrr IF THE TRENCH IS GRfATER ~ 5 FEET DEEP PRIOR TO THE COMMENCEMENT OF WORK. 10. THE CONTRACTOR IS RESPONSIBlE FOR FURNISHING AND MAINTAINING ALL TRAFFIC CONTROLS AND SIGNAGE PER WAT.C.H. MANUAL DURING ENTIRE PROJECT. 11. NO STOCK PIUNG OF CONSTRUCTION MATERIALS OR EQUIPMENT SHAU.. BE AI..L.OWEO OVER NICHT IN THE PUBUC RIGHT-OF-WAY UNLESS APPROVED BY THE CI1Y ENGINEER. 12. ALL NECESSARY STEEl PLATES SHAU.. BE PROVIDED AT THE JOB SITE PRIOR TO Nf( REMOVALS. PLATES SHAU.. BE SKID RESISTANT, RESTRAINED AND RAMPED WITH AC. COlD MIX. 13. ALL TRENCHES SHAU.. BE BACKF1UEO WITH 1/2 SACK SAND SWRRY UNlESS OTHERWISE APPROVED BY THE CITY ENGINEER. 14. THE CONSTRUCTION SHALL. COMPLY WITH CITY STANDARDS AND THE GREEN BOOK. NOTES: TYPICAL TRENCH FOR SEWER L& L& PAVING SECTION LATERAL STANDARD PUM V22 64 SHEET 2 OF 2 atY OF ~ C4LI'tWNI4 COMI/UNI1Y ~ . IIl1I!lr DEPNmIENT ....y 2fJtU JUL 2 0 2009 CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. 5 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS PROJECT: Emergency Water & Sewer Repairs P.O. NO. TO: Colich & Sons CONTRACTOR REQUESTED BY: City You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. AGREEMENT EXTENSION • Extend the existing Agreement by one- year with an effective date of July 1, 2009. Please refer to the 2009 cost schedule provided by Colich & Sons. Work will be performed on a time and materials basis. Resolution No. 8728 Contract Amount (Base Bid) $ Amount of This Change Order $ .Amount of Previous Change Orders $ Total Change Orders $ Modified Contract Amount $ . By reason of this change order the time of com letion will be ad'usted as follows: Approved: ~ Date: ~ Director unit ervices & Water Attest: Date: Manuela iron, City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. / 7 Accepted Date: ~~~',/f % Contractor: ~-~~~~~~'r' ~ ,.'F , By:. f Title: G~ :Fc-~ , c: Project File/Contractor/Purchasing Rev. 06/08 ~ ~ os~~ ~ APPRaVED JUL 1, "09 OITY 0~~1NCl~. ,1U1_ 0 2 2009 ~ CITY GIERK'S ~F~IC~ ~ ' 'a- STAFF REPORT ~L~~~ ~,~~~,~~T,oN COMMUNITY SERVICES ~ WATER DEPA ~ ~ l i Ytc 9 DATE: June 23, 2009 _ ~ - TO: Honorable Mayor and City Council ~ FROM: .Samuel Kevin WilsonDirector of Community Services & Water °Colich 8~ -Sons -Extension of the Annual-Agreement to Provide emergency Water & Sewer Repairs The City of Vernon entered into an agreement with Colich & Sons (Colich) in 2UOS to provide emergency water & sewer repairs. The agreement has been extended annually since its inception, due in part to their commendable customer service. The above services are used mainly for emergency. water Bc sewer repairs that are beyond the expertise of the City's crewmembers; or used in the event that the City crews do not have the resources to facilitate a repair in atimely fashion.."It is important thatthe-City-have contractors availabh to eliminate the potential liability associated with water- distribution and production failures. Colich is one of few companies that provide emergency water & sewer repair services and are considered among the most competent companies according to water industry professionals. Therefore, it is in the City's best interest to continue to use Colich for emergency repairs due to their superior work and excellent customer service. It is recommended that City Council approve -the issuance of Change -Order No. 5 to the _Services Agreement between Colich and the City extending the agreement for one-year based on the rate schedule provided by Colich and be made effective July 1, 2009. ~ qF r,ER R~ `Gg~~ELY iM~J9 COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM A-b ~O: Donal O'Callaghan, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services and Water DATE: June 23, 2009 SUBJECT: Emergency Water & Sewer Repairs -Request to Extend Agreement As you may be aware, the City entered into none-year agreement with Colich & Sons (Couch) to perform emergency water & sewer repairs. The agreement was approved . by the City Council and made effective on May 1, 2005. "The City has renewed the agreement annually since its inception due to their excellent customer service and technical expertise. The above-mentioned services are used primarily for emergency repairs that are beyond the expertise of the Citiy's crewmembers; or used in the event that the. City crews da not- have the resources to facilitate a repair in a timely fashion. It is important that the City have Colich available to eliminate the potential liability associated with water or sewer system failures. According to the terms of the existing agreement if the City opts to extend the agreement the Contractor's rates shall not be increased or decreased by seventy-five-percent (75%) of the Consumer Price Index for the Los Angeles-Riverside-Orange. County area for the twelve (12) month period prior to the beginning of each extension. The CPI for April of 2009 is listed at 0.1 percent per the Bureau of Labor Statistics.. Based on the terms of the agreement the increase shall not exceed 0.075-percent. Colch's proposal for 2009 reflects an increase of 4.35-percent increase for labor and 7.78-percent increase for materials. The raze increases for 2009 do not meet the criteria stipulated in the agreement; however, there was no cost increase for 2oog. Colich is one of few companies that provide .emergency water and sewer repair services and are considered among the most competent companies according to industry professionals. Although Colich's quote does not meet the terms of the agreement, materials casts have risen dramatically according to suppliers in the region. Therefore, it is in the City's best interest to continue to use Colich for emergency water and sewer repairs due to their superior work and excellent customer service. JUN 3 ~ 2009 BY VTRl~T41~T C()~LTNITY SERVICES & WATER I~~~ARTM~NT CONTRACT CHANGE ORDER N©, 5 SUPPLEMENT NO, SHEET 1 (~F' 1 SLEETS PROTECT: Emergency Water & Suer Repairs P.O, NO, TO= Colich & Sons CONTRACTOR REQUESTED BY: Ci _ _ - - - You ace #iereby directed to make the herein described changes to the plans and specifications or do the foIIowing descnbed work not previously included in the plans~and specifications of this contract. Except as specifically modified herein, all tenns and conditions of the original contract remain in full force and effect, and app#y to the additional work as if said work was originally ..included in the contract: AGREEMENT EXTENSI!(~N ~ E~ctend the existing Agreement by one- year with an effective date of July 1, 2009. Please refer to the 2009 cost schedu#e provided by Conch & Sons. Work will be performed on a time and materials basis. Resolution No. 8728 Contract Amount (Base Bid) . Amount of This Chan e Orden ~ . . Amount of Previous Change Orders ~ Total Change Orders ~ Modified Contract Amount By reason of this change ordgr the time of completion will be adjusted as follows: Approved: Date: Dreetbr of Community Services- & Rater Attest: bate: Manuela Giron, City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and wi}l accept as full payment therefore the prices shown above. Accepted Date: Contractor: By' Title: d j COLICH & SONS, L.P. S47 W. 140th Street LETTER OF TRANSMITTAL Gardena, CA 90248 (323) 770-2920 Office (310) 217-2573-Fax Date: 6/isnoos Job#: 2os7 Attention: Scott Ri TO City of Vernon Re: Annual Renewal WE ARE SENDING YOU Attached _ Under separate cover via _ the following: _ Prints -Shop Drawings. _ Plans _ Samples.. _ Specifications _ Copy of Letter _ Change Order _ Other COPIES DATE NO. DESCRIPTION 1 Revised wa a reate 1 Revised tj ui rnent rates 1 Co of certificate of insurance 'THESE ARE TRANSMITTED as checked below: _ For Approval _ Approved as Submitted _ Resubmit _ copies for approval _ For Your Use _ Approved as Notcd _ Submit _ Copies for Distribution _ As Requested _ Returned for Corrections _ Return _ Corrected Prints _ For Review & Comment Other. _ FOR BIDS DUE: _ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: Susan Sikes ext 232 Corporate Secretary Transmittal CoversheetSheetl (2) LABOR (incl. mark-up, overhead, etc} A Equipment Operator 88.00 Pe1-Naur B Traffic Controller (flagman) 63.00- Per Hour C Underground Laborer 66.00 Per Hour D Laborer 64.00 Per Hour E Foreman/Supervisor 95.00 Per Hour F Cement Mason 73.00 Per Hour G Mason-Foreman 78.OD Per Hour H Carpenter 78.00 Per Hour Senior Foreman 95.00 Per Hour J Teamster 71.00 Per Hour 4 Ii City requests work outside of normal work hours overtime & premium rates shall apply (per attached schedule) 5 Premium for eight-hour mobilization tune is $10,000 ' 6 Premium for four-hour mobilization time is $15,000 LABORContract renewal 7-09 EQUIPMENT USED FOR REPAIR K Dump Truck (5 yd Bobtail or compatible) ' 736.00 per job trip per day L Service Vehicle (utility. body pick-up) 368.00 per job trip per day M Backhae (Case 580E or compatible) 644.00 per job trip per day N Compressor (150 CFM) 300.00 per job trip per day O Traffic Arrow Board 92.00 per job trip per day - P 4" Trash Pump 180.00 per job tripper day Q 950 Cat Loader 900.00 per job trip per day R 325 Cat Excavator 1',100.00 per job trip per day S 4000 Gal Water Truck 460.00. per. job trip per day If outside equipment rental is used, the City will be charged the amount of the invoice plus 15% EQUIPMENTe°ntted renew! 709 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.. A statement on this certificate does not confer righis to the certificate holder in lieu of such. endorsement(s). If SUBROGATION IS WAIVED; subject to the terms and conditions of the policy, certain policies-may . - require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER ' The Certificate of Insurance on the reverse side of this form does not constitute a contract between.- -the issuing-insurer(s), authorized representative or producer, and the certificate holder,-nor does it affirmatively. or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORN 25 (2001108) - ~ . ~ . CITY OF VERNON . COMMUNITY SERVICES & WATER DEPARTMENT ` AGREEMENT CHANGE ORDER NO.. 1 SUPPLEMENT NO. _ SHEET 1 OF 1 SHEETS PROJECT: WATER AND SEWER REPAIRS P.O. NO. 11054 TO: Colich & Son; L.P. CONTRACTOR REQUESTED BY: City You are hereb directed to make the herein described chan es from the on final sco e of work of this a Bement: Install a sewer lateral from the Seville Avenue main to the Malburg Generating Station property line.. The work- consists of constructing a new sewer manhole, constructing of the lateral and manhole, backfilling, repaving and potentially bypassing the existing sewer flow if necessary when making the tie in. Cost not to exceed $41,980per Proposal dated June 2, 2005 "Pc ua+.-~ ~r~c.r. ~ p,, o-~-ia "Z'tit~'~-~ tra~ Colich & Son is :currently under contract to perform emergency sewer work on an on-call basis at a time and materials cost. The work mentioned above would be'in addition to the on-call agreement. Contract Amount (Base Bid) , .on call service as needed $ 0 Amount of This Chan e Order . $ 41,980.00 Amount of Previous Chan e Orders $ 0 Total Chan e Orders $ 41,980.00 Modified A reement Amount .on-call service as needed lus chan e order amount of $ 41,980.00 By reason of this order the lime of n/a com letion will be ad' lbws: A rove ~ pp ~ / D te: ~ C~ . SSI,S We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, this proposal is roved at we will provide all equipment, furnish all materials, except as may otherwise be noted above; and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. t Accepted Date: ~ y S t Z..pO.~ Contractor: C ct~..? L K ~ ~ c.w~ S BY~ Title:. ~ ~ c ~ ~ r•e S`, D t--~ c;_. ~.ty Administrator/Purchasing/Pr 'ect File/Contractor CITY OF VERNON - ' ~ COMMUNITY SERVICES DEPARTMENT •CONTRACT CHANGE ORDER NO. 2 .SUPPLEMENT NO. - SHEET 1 OF 1 SHEETS PROJECT: Emergency Water & Sewer Repairs CONTRACT NO. TO: ~ Colich & Sons CONTRACTOR REQUESTED BY: Cit You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans ands ecifications on this contract. AGREEMENT EXTENSION • Extend the existing Agreement by one-year with an effective date of May 1, 2006. Please refer to the 2006 cost schedule provided by Colich & Sons. Work will be performed on a time and materials basis. Contract Amount (Base Bid) $ ~ Amount of This Change Order $ Amount of Previous Change Order $ Total Change Orders $ Modified Contract Amount ~ $ By reason of this order the time of n/a completion will be adjusted as f o s: Approved: ~ Date: Acting City Clerk We, the undersigned Co actor, hav given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all rn ria cept as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above. / Accepted: Date: _ y L ~/r; Contractor:. ~©~G y 7'- So~l~ L- gy; Title: xc: Finance/Resident l;ngineer/Project File/Contractor Cotleh Sons.doc ~ , o CITY OF VERNON COMMUNITY SERVICES DEPARTMENT CONTRACT CHANGE ORDER NO. 3 SUPPLEMENT NO. SHEET 1 OF 1 SH PROJECT: ~ - SETS Emer enc Water & Sewer- Re airs _ CONTRACT NO. Colich & Sons CONTRACTOR ,REQUESTED BY: Ci# , You are hereby directed to make the herein described changes ftom the plans and specif~at~o~~do'1Rh llowin desc ' riot included in the Tans ands ecifications on this contract. g rtbed work 7 AGREEMENT EXTENSION • Extend the existing Agreement by one-year with an effective date of May 1, 2007. Please refer 2006. cost schedule provided by Colich & Sons. Work will be pertormed on a time and materials basis. Contract Amount (Base Bid) Amount of This Change Order $ 0 ArnountofPreviousChangeOrder•••~•••••~•••~~••••••••••"'"""""•••••• $ Total Change Orders $ ModifiedContractAmount $ $y reason of this order the time of $ co letion will be ad'usted as follows: n~a Approved: Dire r o uni ~ Date: , f 'Ti,}~ --(f7 We, the undersigned Contractor; have given careful consideration to the chang~p posed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted: Date: / ~/c~ 7 Contractor: COLICH d, SONS, Lp. By: Title: xc: Finance/Resident Engineer/I'roject File/Contractor Coach & Sons.90(17 ` , CITY OF VERNON ~ i~P COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. 4 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS. PROJECT: _ Emergenc Water & Sewer Repairs P.O. NO. TO; Colich & Sons CONTRACTOR REQUESTED BY: Ci .You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and'specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. AGREEMENT EXTENSION • Extend the existirig Agreement by one- year with an effective date of July 1, 2008. Please refer to the 2006-cost schedule provided by Colich & Sons. Work will be performed on a time and materials basis. Contract Amount (Base Bid) ~ 0 Amount of This Change Order , , $ Amount of Previous Change Orders ~ Total Change Orders Modified Contract Amount ~ By reason of this change order the time of com letion will be ad'usted as follows: Approved: ~ Date: Directo 0 om nity ervices & Water We, the undersigned Contractor, have given careful consideratio to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and matt;rials, including overhead, except as may otherwise be noted above; and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: ~ ~ Contractor: c~. , By: (..~',~~~~~~t~~IC2~/1~~. Title: ~ C~7e.~ c: Project File/Contractor/Purchasing 1 J~~~ ZQ'~Q., CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT Q~`i~t4~~1~~ ~~~5 CONTRACT CHANGE ORDER NQ. 6 SUPPLEMENT Nq. SHEET 1 OF 1 SHEETS PROJECT: Emergency Water & Sewer Repairs P.O. NO. TO: Colich & Sons, L.P. CONTRACTOR REQUESTED BY: City of Vernon You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included. in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. AGREEMENT EXTENSION • In accordance with Section No. 1 of the Services Agreement entered into on April 27, 2005, with Colich & Sons, L.P. and subsequently extended through June 30, 2010, City hereby extends the existing agreement for a period of one-year with an effective date of July 1, 2010, at the same rates in effect on June 30, 2010. Resolution No. 8728 Contract Amount (Base Bid) $ Amount of This Change Order $ Amount of Previous Change Orders $ Total Change Orders $ Modified Contract Amount , , $ . By reason of this change order the time of completion will be adjusted as follows: Approved: Date: City Admi for Attest: Date: 1 ' ~ ~c i ar Ya aguchi, City Clerk V We, the undersigned Contractor, have iv careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Acce ted Date: COLICH 8 SONS, LP. p ~ l~ / ~ Contractor: BY~ J Title: '3YS#n$,-Sias S~cNtar I`Treel aFSr c: Project File/Contractor/Purchasing Q`~L1ReiCtr~ ~)I!IQ. Gi ;Ire. Rev. 03/10 i pF V1s~~ f~~ M p'~ ~ e n ' ` tJ a `s~~L71N~Jg COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM A-6 TO: Donal O'Callaghan, City Administrator FROM: Samuel Kevin Wilson,'Director of Cammunity Services and Water DATE:. June 17, 2010 SUBJECT:: Emergency Water & Sewer Repairs - Request to Sign Change Order No. 6 The City originally entered into aone--year agreement with Couch & Sons (Couch) to perform emergency water & sewer repairs in 2005. The City has renewed the agc~eement annually since its inception due to their excellent customer service and technical expertise. The above-mentioned services are used primarily for emergency repairs that are beyond the expertise of the City's crewmembers; or used in the event that the City crews do not have the resources to facilitate a repair in a timely fashion. It is important that the City have Colich . available to eliminate the potential liability associated with water or sewer system failures. Couch has agreed to extend the agreement based on the 2009 rate schedule. The terms of the subject agreement allows the City at any time, by written change order executed. by the City Administrator, to make changes to the work duration and total compensation of the Contractor's work. Herein attached is Change Order No. b to the agreement between Colich & Sons and the City extending the agreement by one year at the same rate as currently in effect. It is my recommendation that you sign Change Order No. 6 extending the agreement for one-year with an effective date of July 1, 2010. Thank you. SKW/sr Enclosure _ _ t~ ~J 2i.JJ i1_ `i ...v....~ Jl)N 4 2010 °~53 CITY OF VERNON COMMUNITY SERVICES DEPARTMENT :CONTRACT CHANGE ORDER NO. 3 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS 'PROJECT: Emergency Water &-Sewer Repairs CONTRACT NO. TO: Colich & Sons CONTRACTOR REQUESTED BY: City t` ~ ~ You are hereby directed to make the herein described changes from the plans and speci i a on or do ~he"~llowing described work , not included in the plans ands ecifications on this contract. AGREEMENT EXTENSION • Extend the existing Agreement by one-year with an effective date of May 1, 2007. Please refer to the 2006, cost schedule provided by Colich & Sons. Work will be performed on a time and materials basis... Contract Amount (Base Bid) $ p Amount of This Change Order $ .Amount of Previous Change.Order $ - TotalChange Orders $ Modified Contract Amount $ By reason of this order the time of n~a completion will be adjusted as follows: ~ 7 J Approved: Date: " Direct r o unity Services & Water We, the undersigned Conh~actor; have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above speciFed, and will accept as full payment therefor the prices shown above. Accepted: Date: L~ / r~ Contractor: COLICH b SONS, LP. By: ~,~~~f/,G~ Title: xc: Finance/Resident Engineer/Project File/Contractor Colich 8 Sons.20D7 ~,ureau at Gab~+r Stcills~Nlcs 5c~a ~ra~~~ln., CA 4411 ~ ~ . ~ FiLS Home ~ Programs & Surveys ~ Get Detailed Statistics ~ Glossary ~ What's New ~ Find It! In DOL RELATED LINKS ;rt CONTACT: BLS 07-15 Media Interviews (415) 975-4373 FOR RELEASE: (415) ,975-4929 Friday, March 16, 2007 Internet address: http://www.bis.govJlro9/ro9news.htm 1LOS ANGELES AREA CONSUMER PRICES RISE 1M FEBRUARY The Bureau of Labor Statistics of the U.S. Department of Labor reported today that February 200 consumer prices in the Las Angeles-Riverside-Orange County area increased 1.0 percent ove!tthe month and rose 3.5 percent over the year. Regional Commissioner Richard J. Holden Hated that over the past year the overall increase in consumer prices was primarily due to increases in housing prices. Tq a lesser extant increases in prices for food and beverages and medical care also contributed to the rise. Local Consumer Price Index (CPI) data are not seasonally adjusted. Lqs Angeles housing prices composed of household fuels anii utilities, shelter, and household furnishings. and operations advanced 1.3 percent Since last month and 5.7 percent since last year. The shelter portion of housing rase 1.4 percent aver the month and 6.8 percenf-over the year. Household fuels and utilities prices increased 3.2 percent since last month, and increased 1.3 percent since February 2006. Within the household fuels and utilities category, over-tMe-month electricity prices inched up 0:3 percent while utility (piped) gas service prices jumped 14.1. percent. Over the year, electricity prices advanced 2.2 percent white utility (piped) gas service prices declined 3.1 percent. The final housing subcategory, ho~lsehold furnishings and operations, declined 0.5 percent since last month but advanced 1.1 percent since last year. Fgod and beverages prices, which collectively contribute nearly 15 percent of the consumer market basket, increased 1.2 percent for the month and 3.4 percent for the year. Since January, grocery prices, as measured by the food at home index, rose 2.4 percent, while food away from home prices rose 0.1 percent, Over the year, grocery prices advanced 4.7 percent, and fgod away from home prices advanced 2.5 percent. Transportation prices increased 0.7 percent last month, but declined q.4 percent for the year. Gasoline prices increased 3,3 percent for the month and 2.8 percent for the year. Medical care prices advanced 0.3 percent last month and were 4.3 percent higher over the year. Apparel prices advanced 2.6 percent last month. Compared to last year, apparel prices were 2.1 percent higher. Education end communication .prices increased 0.3 percent since last month, and increased 1.4 percent since February 2006. Recreation prices were virtually unchanged from a month ago, but were 0.3 percent lower than a year ago. Other goods and services prices advanced 0.2 percent over the month and 3.5 percent over the year. The Ali Ttems Consumer Price Index for Alt Urban Consumers (CPI-U) in the Los Angeles-Riverside- Orange County Consolidated Metropolitan Statistical Area measured 214.760 (1.982-84100) in February. This indicates a market basket of goods and services that cost $100.00 in 1982=84 would have cost $214.76 in February 2007. http://www.bls.gov/ro9/cpilosa.htm 4/16/2U07 ' 03-13-06 10;18 FRONhI Z~~~ ~~l ~ + T-873 P.004/006 F-416 - EQUIPMENT U9Eq FOR REPAIR K Dump Truck (5 yd Bobtail or compatible} 420.00 per job trip per day L Service Vehicle (ufiility body pick-up) 390.00 per job trip per day M Backhoe (Case 580 or compatible} 580.00 per job trip per day N Compressor (150 CFM} 290.00 per job trip per day D Trsffic Arrow Board 105.00 per job trip per day P 4" Trash Pump 1$0.00 per aob trip per day Q 950 Cat Loader 790.00 per job trip per day R 325 Cat Excavator 1,260.00 per job trip per day S 4000 Gal Water Truck 420.00 per job trip p®r day EQUIPMEN'r.xlscontract renewal ~03-13-08 10,16 FROld-1 + - T-878 P.003/00.9 F-415 ~ _ ~ VV4,v„ ~ ~ LABOR BURDEN RATE . ' C A L l F O R N l A. TOTAL I OVERTIME 1 PREMIUM I - - - - ~ •f ~~RAIaHT 'iIME'+ 112~DOU>~L~ r 200 ~ ~00'~ER TdRS (7-'l-D'1 TO 6-X0_07) _ -II-.~ ~ ~ _ .1.--- - ~I - • I includes mark-up B-1 GRP VI I BACKHOE (215, 225, 68o0,etc:)_-_ I _ $ 6 - $113 , $142 i . . T [3-1 GRP_Vt"+_ (SENIOR OVEhSCALE OPERATOR I I $91 I_ $119 i' $147 I . •r _ A GRP X ~~IWELDER~REPAiRMAN - ~ ' I _ $88 i $114 I $143 ~ ~ FOREMAN _ I i-• I $90~~~• _$11. 9 I- ..-.$150 I . _ j-; - . i i _ . - . ~ -i- .-I-. I~ ~ ~ j • 10o LAgoRERS (7»~-03 to ~-~o-ash _ _ , i GRP.I_..~ OENERAL/JETTING/FIJ~GMAN $62 I _-..$81 I • $10~ GRF'.If ' ~UND~RGROUND _ _ _ • I $~4 , $8-2-I--• $102_. _ . CRP.IV -~'PIPE LAYER/SAW MAN/RAW SEWAQE $67 ~ _ __$108 GRP. I ___1_LQADMAN. -VI $74 _ ~ $97 j ~ $121 I - _ _ FaREMAN ~ - - ~ $J5 i ~ $126 • _ $1 S7_ SENIOR FOREIVIAIV .i I I ~ . , $97 I $131 T .$167 • .,r.. _ . ~ - - ~_I . I . ..-i_. ~ _ ~ S00 TEAMSTERS (7-1-03 to 8-30.067 _ ' I I _ ~ _ GRP,III ~3 AXEL & WT of 2 axle, Erosion Con, I I $71. ~ $91 j $113 _ GRP. VI js AXFL LOWBED I ~ I $71 3;92 ~ $114 , 400 _ (CEMENT MASUNS_ .(7-1-03 t0 7-1-06) I _ _ _ j _ Joul'ne~rman $73 $95 ~ $917 ~ Foreman. j ~ $78 r- $101 I $125 ~ _ ....._.g0~~" ICARPEN'I`ER (7~~02t41rfi-30-05)• i.~.. I,.- i _ ou~neymen. ~ . $76 ~$1b3~ ~ ~$i3~Tj _ - ~ E-i~l R FU~tEMA~~~ . _ _ $78 _~$1~2 • --~1~L ~ T~ ~ 1 - I . . - _J-._ _ _ _ •4 if City re_ uq ®sts wank outside of Hormel work hours the above overtime prem__ium rates shall apply _ 5 Premium fior eight-hour~niobilization time is $10,00 ~ . _ i L 61 Premium, for four-hour mobilization time is $15,000 Inolu es tax~as,,,= insy„rance„ & mask-up contract (2) eff Apr08 ~ LABOR.xIs `03-13-08 1.0.18 FROIA-1 ~ + T-878 P.002/009 F-416 • LABOR (Incl. merle-up, overhead, etc) Y A equipment Operator 86.00 Per Hour ~ Tr~ft7c Controller (flagman) 62.00 Per Hour ' C Underground Laborer 64.00 Per Hour D Laborer 60.00 Per Hour E Foreman/Supervisor 95.00 Per Hour F Cement Mason 73.00 Per Hour G Mason-Foreman 78.00 Per Hour . Carpenter 76.00 Per Hour :Senior Foreman 78.00 Per k~our J Teamster 7'1.00 Per Hour 4 If City requests work outside of norm8l work hours overtime & premium fates shrill apply (per 8ttached Schedule) b Premium for eigntfiour mobiliz2fon time is $10,000 6 Premlum.for four-hour mobi!la~tion time is $75,000. LABOR.xIsContract renewal ~ • c - Id o 0 0 o e~ id o 0 0 0 0 'o a ~ r r r ~ e~ u O ~ ~ fO0 N N ~ r` N r r r r r r_}. Y - V ~ d 0 0 0 0 V d 0 0 0 0 0 0 ` O N C dN' '~d' ~ l~ O d~ O O O N <<`fl T~%' N Q. L] ~ 6r9 6rA ~ N d G 6r9 ~ b9 rdlc ~ 6r9 r~z V E 'a o uoi ~ and uVi ~ ,a °o c °o. °o °o, °o 00 ~ O ~ r ~ ~ p ao ° o~ u~i c'Oo NdD ~r ~ este» - NdD ivy » »fssv~ c c ~ 0 0 o e c e ~::t ~ •N L o o \ \ \ \ \ h O> f0 O M V ~ I~ tee} a0 I~ O~ M eD h CO h CO h e d' 'd' N O~~ O - ~1 e r ~ r r r o (V N CV CV r r OV V r; . ~n y N it fir. y r E T o 0 0 0 ~ E N o o rt. m y d roi ai ~ ooi i m ~ y °o, o° o0 00 ~ o _ ~ 00 1 E' ~r-- r r r _24; O~ E r N a0 ti N M . OO N- O F- 5% ~ v3 b4 e> N Q ~VOg ~r~. ~ O _ _ - ~ N y ~ ~ CV 1~ '~ri O ~C m O O O O 'd' ~ Q 'y,' O~ E r ~ ~ ~ ..i p O E ti 000 000 W r r i;i N ~ f" 64 64 d3 V> N ~ ~ E9 69 E9 ER E9 EA v Uz` r s:,~_ C Try. d) ~ Q r L o 0 00c+r~~ ~ e r 0 0 0 0 0 0 0 0 2 a 00 a0 a0 ~ ti O~ ti~ V M N M N N V N r ~ ti r O h V V ° 'd' M O lf~ .e} CV ~ mil' d' 'R a OV CV -N N ~ o M CM CV CV CV N N ~ t W O) O N V °o, °o, o° °o, °o °o °0 0 0° V N o 0 0 o V ~ o 0 0 0 0 0 ea o o d o ui o o CO d m o 0 0 0 ~ONj e O} 0 0 0 0 O N ~ 00 Q) O a0 G) N N - C C ~ ~ fD ~ O O CO f0 ^ ~ ~ ~ O e~}~ M In N r r ti r •s a0 ~ (O I~ O Q) . - N FA 69 E9 H9 69 E/3 69 b3 ~ :~?j. N H E9 b9 69 N I- 69 to e9 t9 64 t~9 H " V °o °o °o, °o o° oo °o o °o V_~ 0 0 0 0 U_~ o 0 0 0 0 0 ,n o 0 0 0 0 0 O O M Lip N~ r~ C7 O~ pppp ~p ee}} ~ r' O O ~ ~ 000 ~ 00 O O a'3 (00 tND (~O ti QMi ~ N 6F} b9 69 ER 69 EA 69 69 ~ N H V) EA 69 <fl 69 N F- V1 b3 63 b4 ti9 ER 64 C 3 cy5 m O ~ ~ E D. v .r . ` LL OC a~ o ° ~ a~ ~ ~ ~`F ~ F- 3 ~ m E ~ c~0 m ~ R `c~0 ~ a ~ - ~ ~ m m W N ~ ~ ~ O U ~ LO 0 ~ ~ N ~ ~ ~ C N ~ E ~ 2Yt Ep ~ ~ t~ U c ~ ~ L° o ~ ~ a g c m ~ ~ 3 ~ W ~ in m C7 H ~ `c~i m ° N ~ o m in ~ LL°. ° ~ ~ 4U' ~ a to u. v~ H • A i~ n, O ~ m C f.. C .C o o e t o o t ~ o_ a ;rK' ~ ti ti ~ CO N COP. ~ ,f'. U ~ d: ~ . o r r r ~ r r r e r r r ~ w V O O ~ 7 m O O v,_ ~ 7 N 'O O ~ ~ - . O O- ~ V O O V O O m E c ri v m E~ is ui o E~ ,m r N -O m C7 d r N d 0 ~ b9 6q N C. 0 ~ 6r9 .j N d D b9 b4 i-`. ~ _ 's~~. `y E V~~ O O V> N O O V>~ O O G m, r T O~ O ~ ~ O m 0 N~ c°va`o°O » ~r Na0 Cn 69 Nac ~ si ~ c c ~ N t o o r o o a r o o e V N °r° V A rn o V rn ti~ fl. a CV N N e OV' r' N o s~ r ~ ` Q A. ~ O E N i,, O W N O r a N O p - ~ - U r o o } C> r o o r+ C~ r o o V N o o 0 y W o ~ ep N N vi CV OV O ~ ~ O ~ E C N ~ F- ~ ~ ` N 0 F= 609 ~ f ~ N U F= ~ ~ - - . O ~stt, i;: r. N ~ W N ti~ u~ N.N ~d N ~N - ~ U E ~ o o V E T o o V E T o °o . N u'f 'C a, ° o ~ y o o 'C m r o C 0? E of o o d d ri ai o~~ o r N 0 1= 609 609 N ~ I- 609 604 N U F" 6r9 6r4 v = ~ C L 0 0 0 N o o e ~ !C o o e t Cod t L o o U ONO tNO OD U h i[ 600 C.1 ~ tr0 . e CV N .CV. a CV N N e CV CV CV - ~ t ,wC O w~ ~ w •O ` ~ O O ,4 o N L V V _ O O C~ ~ O O c ~ O o 0 0 0 ~ ~ o 0 0 0 ~ ti t. o !3 ri ao o cd o N 1-~ 69 69 N FO- 6~9 6~4 N FO- ~ ~ w - G N w O - U W. O O C) X 0 0 C) X 0 0 e 0 O O - 0 O O Y9 O O o O ~ ~ ~ Q) O ~ ~0 N O O CO CO O O h ti O O P n ti N H N 69 E9 N F- U V! E9 N N d9 fA CV 0 ai Z W N N ~ O N ~ O N y ~ N y ~ ~ ~ ~p ~ ~ FN ~ ~ _ C O ~ U _ ~t1 C O Q = ~ 5, LL Q x C~ lL > 2 ~i~1 ~ `a' ° ~ µ~1 y~ E y~ ~ p, E o a ~ ~ C F ~ ll~ ~ F- C d ~ N ~ ~ V ~ ~ ~ ~ N ~ ~~~~1~ OF R~ 6 2001 , o.h APR 2 ~ ~ ~ mmuni~y SeCVice~ `dj~eir ENO°~ Co COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Eric FYesch, Acting City Administrator CLERK DiSTR BUTTON 2rI~`i C4A~uD1A A FROM: Samuel Kevin Wilsal~; Director of Cogimunty Services and ~V DATE: Apri117, 2007 SUBJECT: Emergency Water & Sewer Repairs ~ Request to Extend Agreement A.s you- niay be aware; `the City entered into a one year agreement wrtl. Colich` & Sons (Colich) to perform emergency water and sewer repairs on an as needed ~li~sis The agreement was approved by the- City 'Council and made effective on Apri12.7, 2005. Colich providcd the City with a revised cost schedule: in May of 2006 in order to extend the agreement. The Acting City Clerk granted approval to extend the agreement on May 2, .2006. T'he existing agreement with Colich states that "if the City opts to extend the. terms of the agreement, Contractor's rates, as listed iri this agreement, shall be increased or decreased by seventy-five pereent..("75%) of the Consumer .Price index (all Urban. Consumers) for the Los Angeles-Riverside-Grange, County. -area for :the twelve .(12) month period-:prior to the beginning.of.the each extension." This equates to approximately 2.6 ;percent according to.the Bureau of Labor Statistics of the L1.S. Department of Labor for 2007. The City would like to extend the agreement with Colich for an additional year.. Colich advised :the City that its prices would remain unchanged based on the 2006 cost schedule. The .above-rnentidned services are used mainly for emergency repairs that are beyond the capabilities of.:the G1tyts eonstructon crews; or in the event that the City crews do not have the resources: to .facilitate a . repair . in ;a tnnely .fashion.... It is important that the .City have the above-mentioned contractor available to :eliminate the..poteniial liability associated with water and sewer infrastructure related failures. It is therefore my recommendation that the existing agreement be extended by one year and that a :change order be issued to Colich: SKW/sr :Enclosures F:~SwaVMy noam,emslFindge,icy Wazer & sews RepartlFxtaded WataSewtttrids2007,doc 5 05 3 g`i2~ CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. 4 SUPPLEMENT NO. _ SHEET 1 OF 1 SHEETS PROJECT: Emergency Water & Sewer Repairs P.O. NO. TO: Colich & Sons CONTRACTOR REQUESTED BY: - City You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and' specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. AGREEMENT EXTENSION • Extend the existing Agreement by one- year with an effective date of July 1, 2008. Please refer to the 2006 cost schedule provided by Colich & Sons. Worlc will be performed on a time and materials basis. Contract Amount (Base-Bid) $ 0 Amount of This Change Order $ Amount of Previous Change Orders $ Total Change Orders $ Modified Contract Amount $ . . . By reason of this change order the time of com lotion will be ad'usted as follows: Approved: ? Date: Directo o ' om nity ervices & Water We, the undersigned Contractor, have given careful consideratio to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perfonn all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. ~r Accepted Date: f`'®~ 3 ~t~ Contractor: ~-C=-~°~,.~-''~ cj- ~"°A' G`~,-t~`i;~~~`"~ By: ` ~ ~ ' Title: ~7C-• C.~- ~~-C'~-~r~ c: Project File/Contractor/Purchasing