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Resolution No. 2011-178RESOLUTION NO. 2011-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE BID OF DOTY BROS. EQUIPMENT COMPANY AND APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND DOTY BROS. EQUIPMENT COMPANY FOR EMERGENCY WATER AND PUBLIC WORKS REPAIRS WHEREAS, on June 21, 2011, the City Council of the City of Vernon adopted Resolution No. 2011-99 authorizing the issuance of a request for proposals for emergency water and public works repairs on an as needed basis (the "Services"); and WHEREAS, by a memorandum dated October 11, 2011, the Director of Community Services & Water has recommended that the City accept the bid of Doty Bros. Equipment Company ("Doty Bros") and enter into a services agreement with Doty Bros setting forth the terms and conditions under which Doty Bros will perform the Work (the "Agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City'Council of the City of Vernon hereby approves the Agreement with Doty Bros. Equipment Company, a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to: Doty Bros. Equipment Company Attention: Lisa Johnson, Bid Administrator 11232 E. Firestone Blvd. Norwalk, CA 90650 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 1st day of November, 2011. ATTEST - Ana Barcia, Deputy City Clerk Name, Title: Mayor / Mayor Pro-Tem 2 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Ana Barcia, Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2011-178, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, November 1, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of November, 2011, at Vernon, California. (SEAL) z4f�-5 Barcia, Deputy City Clerk 3 EXHIBIT A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND DOTY BROS. EQUIPMENT COMPANY DBA DOTY BROS. CONSTRUCTION COMPANY FOR EMERGENCY WATER AND PUBLIC WORKS REPAIRS Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: COVER PAGE Doty Bros. Equipment Company dba Doty Bros. Construction Company Lisa Johnson, Bid Administrator Doty Bros. Equipment Company dba Doty Bros. Construction Company 11232 E. Firestone Blvd. Norwalk, CA 90650 Attention: Lisa Johnson Phone: (562) 864-6566 Facsimile: (562) 864-6052 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Mark Whitworth, City Administrator Telephone: (323) 583-8811 ext. 398 Facsimile: (323) 826-1408 November 1, 2011 November 1, 2012, unless extended pursuant to Section 1 Total not to exceed $100,000.00 (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period 3 years SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND DOTY BROS. EQUIPMENT COMPANY DBA DOTY BROS. CONSTRUCTION COMPANY FOR EMERGENCY WATER AND PUBLIC WORKS REPAIRS THIS AGREEMENT is made and entered into as of November 1, 2011 ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and Doty Bros. Equipment Company dba Doty Bros. Construction Company, a California corporation ("Contractor"). City and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain emergency repair services for the City's water system and public works facilities on an as needed basis, as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A. B. Contractor represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City may renew this Agreement on a year-to-year basis at its discretion. (b) In the event that City renews this Agreement, Contractor may submit a proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent to renew. Any increase in rates must be approved by City before such increase can take effect. If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may terminate the renewal by giving thirty (30) days written notice. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties prior to performance of those additional services. (b) Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall at all times observe and comply with all such ordinances, laws and regulations. City, and Its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. (d) Contractor will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing. Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services and any supplies or goods required by this Agreement, a sum not to exceed the Consideration set forth on the Cover Page and more particularly described in Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services as well as for all actual and necessary expenditures reasonably Incurred in the performance of this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery, tax, assembly, and installation, as applicable). (b) There shall be no claims for additional compensation for reimbursable expenses and Contractor shall not be reimbursed for any additional expenses. (c) Change In the scope of services, duties, obligations, durations or total compensation, shall be by written authorization only by the City. A form of Change Order is set forth in Exhibit "C" attached hereto and incorporated by reference. Section 4. Method of Payment. City shall pay Contractor the Consideration in accordance with the Cost Schedule set forth in Exhibit B. Section 5.. Responsible PrinCipals. (a) Contractor's Responsible Principal set forth on the Cover Page shall be principally responsible for Contractor's obligations under this Agreement and shall serve as principal liaison between City -and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of City. (b) City s Responsible Principal shall be the City Administrator or his designee who shall administer the terms of the Agreement on behalf of City. Section 6. Personnel. (a) All.persons performing Services shall have all the necessary technical expertise, .permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. (b) Contractor represents that it has, or shall secure at its own expense, all personnel required to perform Contractor's Services under this Agreement. All personnel engaged in the work shall be qualif led to perform such Services. Section .7. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license. 7 Section 8. Access. Contractor shall comply with all reasonable access and other restrictions that City may Impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. Section 9. Contractor's Duties and Representations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will. limit or prevent performance of the Services. (b) Contractor presently has no interest and shall not have any interest, direct or indirect, which would conflict in. any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor. (c) There Is no litigation pending against Contractor and Contractor is not the subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section 10; Independent Contractor. (a) Contractor is and shall at all times remain, as to City, a wholly Independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of Its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth In this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. City shall not be liable for compensation or.indemnif!cation to Contractor or its officers, employees, or agents for Injury or sickness arising out of performing services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Contractor from City while performing services for City. Section 11. Termination. (a) Termination Right.. City may, at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5) calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement; unless the notice provides otherwise. 12 (b) In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the fUl performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 12. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 13. Confidential Status: Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, blueprints; maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other Information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Contractor to any third party without City's prior written consent. City reserves all rights to Confidential Information. City shall grant consent if disclosure is legally required, All Confidential Information shall be returned to City upon completion or termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at Its sole discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to Information that: 1. was in the possession of, or was rightfully known by, the Contractor without an obligation to maintain its confidentiality prior to receipt from City; ll. Is or becomes generally known to the public without violation of this Agreement; Ill. is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or M IV. information which is required to be disclosed pursuant to any'court order or directive having the force of law. Agreement. (c) The provisions of this section shall survive the termination of this Section 14. Technical Materials. City reserves all rights to any and all tools, dies, patterns, plates or other similar technical materials furnished or paid for by City, and Contractor shall use such materials in strict confidentiality and shall return the same to City at its request upon completion or termination of this Agreement. Contractor shall not copy or otherwise use any such materials for any purposes other than the completion of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Section 15. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for Records Retention Period. City shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies and transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Section 16. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is In default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement Immediately by written notice to Contractor. Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, Its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION. The obligations In this section 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. Section 18. Insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal Injury, death, loss or damage resulting from the wrongful. or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability I nsurance covering personal Injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance. of work under this Agreement workers compensation insurance as required by law. (0) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required in the primary, insurance. (e) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Pollution Liability insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required In the primary Insurance. (f) Contractor shall require each of Its sub -consultants or sub -contractors to maintain Insurance coverage that meets all of the requirements of this Agreement. (g) The policy or policies required by this Agreement shall be issued by an Insurer admitted in the State of California and with. a rating of at least a B+; VI in the latest edition of Best's Insurance Guide. (h) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (i) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause Its insurers to issue certified copies of the insurance policies evidencing that the coverage and policy endorsements required under this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of Insurance required by this Agreement shall contain an endorsement naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. Q) The insurance provided by Contractor shall be primary to any coverage available to City, and any Insurance or self-insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess .of Contractor's insurance and shall not contribute with It. The policies of insurance required by this Agreement shall include provisions forwalver of subrogation. Contractor hereby waives all rights of subrogation against City, its Officers, officials, employees, agents, and volunteers. (k) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 19. Certification. In accordance with the provisions of Section 3700 of the Labor Code,.Contractor shall secure the payment of compensation to.Contractor's employees. Byexecuting this Agreement, Contractor certifies the following: Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. Section 20. Standard Specifications. The work done pursuant to this Agreement shall be done in accordance with the provisions of the most current edition of "Standard Specifications for Public Works Construction" (commonly known as 'the Green Book") including Supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California, which speciflcations are hereinafter referred to as the "Standard Specifications." The provisions of these Standard Specifications shall apply to the work performed under this Agreement, unless different standards are specified in Exhibit A or agreed to in writing by the City. Section 21. Compliance with Laws. Contractor shall keep itself informed of and comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the Occupational Safety and Health Act and all those Applicable Laws 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. For purposes of this section, "Applicable Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals or other applicable requirements of any governmental entity or agency having jurisdiction that are applicable to any aspect of this Agreement that are in force on the Effective Date and as they may be enacted, issued or amended during the term of this Agreement. Section 22. Enforcement of Waae and Hour Laws. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours In any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. Section 23. Materials and Workmanship. City shall have the right to inspect any material used. Material furnished shall be new, complete, ready -for -use and of the latest model, shall not have been used in demonstration or other services and shall have all the usual equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise specified. Equipment, supplies or services that fall to comply with the Agreement requirements regarding design, material or workmanship may be rejected at the option of City. Any materials rejected shall be removed from City premises at the Contractor's sole expense. Section 24. Licenses and Permits. Except as provided herein below, Contractor shall obtain and pay for all permits and licenses required by federal, state or local law, rule or regulation. Costs for obtaining City permits required under this Agreement will be waived. All requirements for obtaining permits (including City permits) remain in effect and are not waived; only the costs of City permits are waived. Section 25. Assignment of Unfair Business Practices. Contractor and its subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. Section 26. Assignment and Subcontracting. Contractor shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, Wthout the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. In the event City grants written approval to Contractor to subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Section 27. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration In Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shallbe a. retired judge. All decisions of the arbitrator shall be. in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having . jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Section 28. Attorneys Fees. 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. Section 29. Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to Its laws regarding choice of applicable law. 0 Section 30. Entire Agreement and Modifications. This Agreement, Including attachments incorporated herein by reference, represents the entire Integrated agreement and understanding between the Parties, and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified in writing and signed by both Parties. Section 31. Waive . 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 whether of the same or other covenant or condition; nor shall any delay or omisslon by either party to exercise any right it may have hereunder operate asa waiver of any breach or default of 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. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 32. Force Maieure. Neither party shall be considered in default of 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 flood, earthquake, storm, fire, lightning, epidemic, war, rlot, 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. Section 33. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Contractor. City shall timely notify Contractor of the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by section. Section 34. Notices. All notices, approvals, consents and other communications between the Parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City' or "Notice Information —Vendor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 35. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 36. Headings. Headings used In this Agreement are for convenience and ease of reference only and shall not affect the interpretation of the Agreement. Section 37. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. 10 Section 38.. Severability. Whenever possible, each provision of this Agreement shall loeinterpreted In such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 39. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf, of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. [Signatures Begin on Next Page]. 11 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated i n the introductory clause. City of Vernon, a California charter City and California municipal corporation 0 HILARIO GONZALES Mayor ATTEST: VVILLARD G. YAMAGUCHI, City Clerk APPROVED AS TO FORM: MICHAEL B. MONTGOMERY, Interim City Attorney Doty Bros. Equipment Company dba Doty Bros. Construction Company, a California corporation By: Name: Chris Christy Title: President By: Name: Luis Armo Title: Assistant Treasurer 12 CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF DOTY BROS, EQUIPMENT COMPANY (DBA DOTY BROS. CONSTRUCTION COMPANY) A CALIFORNIA CORPORATION RESOLVED, the following persons are authorized to execute any and a!! documents n cassar ' for bidding or :rontraciing v,)ork on behalf` ai' Dot BIOS. Equipment Company. Name Luis A. Armona :.C.'Chris" Christy Henry A. Barber Dale Haithcoat Luis •di-nona Luis A. Amnora I the undersigned do hereby certify: Office Chief Executive Oricer President I Chief Operating Officer Vice President Operations Treasurer 1 CFO Assistant Treasurer / CPO Secretary That I Luis A. Armona, am the duly elected Secretary of Doty Bros. Equipment Company, a California Corporation. 2. 1 hat the f0FeQDi1-J is a True and corre f8d cOGy of the resolulion a of"ei. )V file Board of Directors at a meeting held on -October 27, 2009. l _,Fled: Octob„ 2 . 200c. Luis -.rmon EXHIBIT A EXHIBIT A SCOPE OF SERVICES Contractor shall perform emergency repair services for the City's water system and public works fadl hies on an as needed basis including work as a result of a natural or manmade disaster. Contractor's services shall include, but are not limited to, water main and valve leaks and breaks, sewer stoppages, storm drain stoppages, collapsed storm drains, collapsed sewer mains, broken sewer lateral, sink holes, debris removal, or any other emergency where City crews are not able to make the required emergency repairs. 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 attached as Exhibit D, Green Book standards, the American Water Works Association (AWWA) standards, the American Public Works Association (APWA) 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. EXHIBIT B EXHIBIT B FEES Contractor shall perform the services described In Exhibit A In accordance with the labor and equipment rate sheets, copies of which are attached hereto and incorporated by referenced as attached. Contractor shall invoice City within thirty (30) days after performing the work for Services provided under this Agreement. Invoices shall include the period for which the Services were provided, the dates of such Services, and a description of the Services provided for that billing period. Each invoice shall include copies of timesheets, if any, and other supporting documents as City may require. Payments of each invoice shall be made by City within thirty (30) days following receipt of each invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be withheld until resolution. The contractor will use materials and supplies from the City inventory or vendor identified by the contractor. A flat percent mark-up shall be provided for all overhead and profit. 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 listed. 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 an hour) 4. If City requests work outside normal work hours (7:00 AM to 5:00 PM, Monday through Thursday), above hourly rates increased per the attached rate sheets. 5. Eight hour response time shall be considered emergency call out per attached rate sheet. 6. The minimum number of hours charged for labor is 4 hours. 7. The minimum number of hours charged for equipment is 4 hours. 8. A detailed cost schedule is attached herewith. DOTY BROS, �onstrmociion Compang, COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2011 TO JUNE 30, 2012 PAY STRAIGHT OVER DOUBLE PAY STRAIGHT OVER DOUBLE Q/NFTSMAN/CLASS CODE TIME 77ME TIME CRAFTSMAN/CLASS CODE TIME . TIME TIME CARPENTERS OPERATING ENGINEERS GenveralForemen CGF 88.64 124.82 181.04 General Foremen, Appdx. A OGF 97.11 133.55 170.08 Operating Foremen COP 85.88 120.08 165.53 Foreman, Appdx. A OFM 93.71 128A7 163.31 Foreman CFM 83:64 117.20 • 150.01 Group 1, Appdx. A - Oiler OG1 85.38 116.06 146.79 Journeyman CJM 78.43 109.59 140.79 Group 2, Appdx. A - Oiler OG2 86.70 118.03. 149.42 Shln®br CSJ 78.65 109.91 141.22 Group 8, Appdx. A - Universal OG8 90.30 123.39 156.55 Appnantka 8m Period (90%) CAB 72.07 160.10 128.18 Group 10, Appdx. A - Mechanic PGA 90.50 123.70 166.96 Group 8, Appdx. B - Crone c 28 Tone ose 90.79 124.12 167.53 MILL WROHTS Group 9, Appdx. B - Crane> 26 Tons 089 91.08 124.56 188.10 GenerelForemen CMG 89.50 126.09 162.73 Apprentice, Grp S. Appdx A -Step 8(Do%) DAG 83.54 113.30 143.14 Foremen CMF 84.39 118.47 152.60 Joumeyman CMJ 79.28 110.86 142A7 UJ4. PIPEFITTERSIWELDERS Apprentlae - Bin Pedod(95%) 'CM8 69.61 96.44 123.30 INDUSTRIAL General Foremen IGF 105.94 143.96 181.98 CEACENTMASONS Foremen IFM 99.52 134AO 169.47 'Foreman MFM 82.52 109.03 136.73 Joumeyman - Welder/Fleer IJM 89.67 120.20 150.71 Journeyman MJM 77.52 102.12 126.72 Industrial Welder 11W 95.96 129.42 162.88 F&T Machine Operator MTO 77.93 102.76 127M Apprentice - Fifth Year IAS 71.40 90.97 122.60 Apprentice -8th 6 Mos. (00%) MA6 72.60 94.74 116.88 SHORTLINE (LOCAL 260) LABORERS Foremen SFM 97.42 134.66 168.91 OperatorGeneral Foremen LOG 94.49 130.95 167.4e Journeymen (Welder/Fitter) SJM 92.21 127.28 1159.64 OparaforForemen LOF 91.08 .125.87 160.71 Weider Helper SWH 55.72 74.84 92.02 .General -Foreman LGF 76.86 104.12 131.38 - Foreman LFM 75.18 101.61 128.04 UTILITY Group 1 -General 1.01 67.84 90.00 113.36 Operator Foremen UOF 89.79 1.24.66 159.42 Group2-Wrapper To B" LG2 66.76 91.98 11820 Foremen UFM 70.68 96.79 122.99 Group 3-PTO/Wmpper>6" LG3 69.68 93.36 117.03 Welder UWD 68.61 9428 119.66 Group 4 -Pipe layer, CBS LG4 72.26 97.23 122.20 JourneymardFuser UJM 58.92 79.71 100.51 Group 6-Blaster LG5 72.85 98.11 123.37 Pipe Tradesman ll UP2 44.4E 5820 71.95 Apprentice -Bth Period(85%) LA6 55.27 76.75 98.22 ELECTRICIANS / INSIDE WIREMEN (Bales subject to project location & employee beet location) TEAMSTERS General Foremen EGF 105.6E 146.85 187.66 Operator General Foremen TOG 99.84 136.06 172.56 Foremen EFL 97.96 135.15 172.39 Operator Foremen TOF 06.23 130.99 165.61 Journeyman EJM 90.26 123.65 157.10 -General Foreman TGF .76.74 101.69 126.43 Apprentice -10th Pedod (86%) EAD 71125 106.62 135.06 Foremen TFM 75.07 99.06 123.10 Group 2.2 Axle T02 71.99 94A6 116.92 PROJECT MANAGEMENT Group 3 -3 Axle TG3 72.20 - 94.78 117.36 Project Manager MPM 111.65 152.73 107.24 Gmup 5-Working Truck Driver TG6 72.57 96.33 116.09 Superintendent MSP 114.10 153.59 198.37 Group 6-4 or More Axle TG6 72.62 05,4,1 118.19 Project Englneer MPE 77.75 113.70 149.83 Group 9 -Lo-Bed TG9 73.79 07.16 120.63 Safety Director SAD 100.73 149.23 193.88 Group 12-WTD BoomTrk Cart TBT 76.04 1D0.24 124.63 Safety Supervisor SAS 97.65 133.09 -'171.86 Apprentice Rates: Apprentice rates as listed above are the highest cleselficeflon prior to Journeyman full eeafentes. Billing rate TorApprentice will be based on actual clesslficown. Subsistence: $96.00/doy Travel Time: Cugtomerwlll be advised If travel time Is applicable Overtline Rates: All hours outside regularly wnetituted shift shall be time and one half. Saturday Is time and one half. Sundays and holidays shall be paid at double time. For Operafing Engineers. Laborers, Teamsters. Cement Masons, Elechklans - first four (4) hours outside regular shift, and first twelve(12)hours an Saturday is time and one half all additional hours at double time Including holidays. Emergency "call out work" - Four (4) hour minimum for labor and equipment. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed coal plus sales tax where applicable, plus mark-up of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven If 1) counties of Los Angeles, Inyo, Mono, Orange, Rl"rslde, San Bernardino, Imperial, Venture, Santa Barbara, San Luis Obispo, Kem and In addition: Richardson Rock, Santa Cruz Island, Arch Rock, Son Nicholas Island, Catalina Island, San Clemente Island, Son Miguel Island, Santa Barbara Island, Santa Ross Island, Anamps Island, Including the Channel (elands Monument. Rate Scale does not Include San Diego County. NOTE; Wage scales are In accordance with Associated General Contractors Master Labor Agreement, and are subject to change without notice. This rate sheet Is not all Inclusive; additional classifications inflects If required. (Q.0) CA G.L. 2T3024 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 DOTY BROSS �anstruction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2011 TO JUNE 30, 2012 BACK HOE6 IM � _ ROAD EQUIPMENT l� Hourly am AUGER #1189 $ 20.00 CABLE DOLLY- ONE REEL(Tmllor Mounted) $ 12.00 Accessory- COMPACTION WHEEL EXECAVATOR #1181 $ 40.00 CABLE DOLLY- THREE REEL(Trellor Mounted) $ 25.00 Accessory. COMPACT WHEEL F/CASEJD *1178 $ 20.00 FLASHING ARROWBOARD - (4 HR. MIN.) $ 17.00 Accessory- HYDRAULIC BREAKER I CASE &JD 01183 $ 50,00 GRADER -CAT 140 #R7781 $ 63.63 Ames"- VIBRATORY PLATE #1835. $ 40.00 GRINDER I COLD PLANER (BITELLI)- (4 HR. MIN.) #1187 $ 232.00 OC-135A ROCK WHEEL #1313 $ 75.00 ROLLER - (RIDE ON) At 29.60 CASE SW /JD31D $ 40.82 ROLLER (WALK BEHIND) -1 TON VIBRATOR $ 23.60 CASE 600 $ 42.82 ROLLER TRAILER $ A2.00 CAT 300 -TRICK MOUNTED #4056 $ 114.30 STREETSWEEPER (4 HR. MIN.) #3319 $ 43.13 CAT 345-TRACK MOUNTED #4072 $ 144.38 TILT TRAILER #6366 $ 12.00 HITACHI ZX20EXCAVATOR-WHEELED #418B $ 98.13 TRENCHER TRAILER #6461 $ 12.00 CAT 416 44147 $ 38.82 UTILITY TRAILER 06452 $ 12D0 JD 710 $ 46.82 ZIPPER PAVEMENT GRINDER (PER DAY RATE) 01800 $ 376.00 ` ASPHALT PAVER -LEE BOY 1000D #1186 $ 115.63 COMPACTIOWEQUIPMENT CEMENT SAW -WALK BEHIND #1938 $ 33.50 ARROW(HYDROHAMMER)ISTOMPER $ 44.50 WATER WAGON (PER DAY RATE) #6271 $ 40.00 SHEEPS FOOT -Tow Behind (Vibrating) #1169 $ 16.50 WACKER TAMPER #1800 $ 23.50 TRUCKS PADFOOT COMPACTOR 66" #1501 $ 32.94 23TON LURE TRUCK 93460 .$ 17.38 5 Yard (Flat bed or Bobtail) Dump 12.3 Ton Utility Truck E 24.63 COMPRESSORS W/90 I.S. BREAKER, CLAY SPADE & TAMPER BACK HOE MOVER TRUCK $ 21.63 COMPRESSOR 125.-185 CFM $ 21.60 CEMENT TRUCK w/ mixer and compressor #W38 $ 55.63 COMPRESSOR -AIR, PORTABLE (PER DAY RATE) #1808 $108.00 DUMP TRUCK 10 WHEELER $ 32.63 EQUIPMENT TRAILER - 2D,000 LB - $ 14.00 nog EQUIPMENT TRAILER - 40,000 LB $ 16.00 M TRUCK - 8 TON - #3647 $ 35.63 FLAT BED with LIFT #3693 $ 23.63 _. - JM TRUCK - 10 -11 TON $ 60.63 FLAT BED with MIXER I DUMP #3392 $ 65.63 BOOM TRUCK - 14 TON -$ .-6463 LOWBED TRAILER WI treater & move pandtlees #3456 $ 48.63 BOOM TRUCK 23.25 TON #3308 $ 59.63 LOWSIDE END DUMP TRAILER WI TRACTOR #3418 ,$ 43.63 CRANE - RT / 15.16 TON (or equivalent) $ 61.63 PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED $ 16.38 PICK -UP -RENTAL NUMBER R77DO $ 18.38 DOZERS I SIDEBOOMS SERVICE TRUCK - MISC TOOLS NOT INCLUDED $ 18.30 DOZERJD450 #6078 $ 44.69 SERVICE -VAN- MISC TOOLS NOT INCLUDED $ 16.38 SIDEBOOM CAT D-0 $ WAS TEST PUMP TRUCK 03401 $ 80.63 SIDESOOM CAT D-7 #6083 $ 67.69 TEST TRAILER (Hyptostatic) (#8549 & 6674) $ 32.00 SIDEBOOM CAT 561 #5046 $ 64.69 UTILRYVEHICLE (NON-HWY) $ 23.38 SIDEBOOM CAT 572 #5067 $ 79.69 VACUUM TRUCK - SOFT DIG #3908 $ 39.13 SIDEBOOM JD 460 $ 42,69 WATER TRUCK - (1,500.2,000 GALS.) $ 35.63 WATER TRUCK - (3,500 GALS.) #3464 $ 40.53 FORKLIFTS WINCH TRUCK #3395 $ $0.63 FORKLIFT-HYSTER20,000 LB #1203 $ 35.82 FORKLIFT - LION 6,000 LB #1204 It 23.82 MISCELLANEOUS SOARING MACHINE HYDRAULIC 01521 It 25.00 LOADERS BORE MACHINE TRAILER #8447 $ 10.00 MINI SKID STEER -DITCH WITCH #1276, $ 27,82 TAP MACHINE (Water lines 3"to 121).(Per Inch l per day) #628 .4 30.00 LOADER -BOBCAT W/BUCKET #1184B $ 27.62 TAP MACHINE (Water lines up to 2")'(Per Inch/'Per dog) #820 $ 20.00 LOADER -BOBCAT W/SWEEPER 41164S $ 37.82 LOADER -BOBCAT WI GRINDER #11$4G $ 57.82 WELDERS RUBBER TIRE LOADER -644 JD #8086 $ 47.63 200 AMF.,TRUCK MOUNTED $ 29.88 RUBBER TIRE LOADER -930 CAT#6089 $ 49.03 200 AMF, SKIDMOUNTED or TRAILER $ 16.80 RUBBER TIRE LOADER -.950 CAT #6087 $ 60.63 WELDER - RIG RENTAL NUMBER R7704 $ 29.86 RUBBER TIRE LOADER-95DE/F CAT #6099 .6 71.63 RUBBER TIRE LOADER -986 CAT #5070 $ 66.63 CUTTING TORCH (ACETYLENE) #926 $ 18.00 SKIPLOADER - CASE 580 / MF 40E / F 446 $ 32.82 FABRICATION SHOP & EQUIPMENT #101 $ 90.00 PpM 02 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864.6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 l,i IIitsf onstructfart' Compang MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2011 TO JUNE 30, 2012 MISCELANIEON IM 2M MISCELLANEOUS RNIX film ADDITIONAL (1) TORQUE HEAD FOR HYDRAULIC TORQUE WRENCH #3091 $ 60.00 PIPE LOCATOR 0843 4 26.00 AIR'HOSE 3/4"X60' 11870 $ 8.00 PIPE LOCATOR• METROTECH #1935 $ 40.00 AIR SAW #857 $ 50.00 PIPE PUSHER I GRUNDORAM-HERCULE #1939 $ 600.00 AIR TAMPER 00859 IF 35.00 PIPE TONGS (4', 6', 8',10', 1T, 16",18', 20') #1936 $ 60.00 ASPHALT SPREADER BAR #1193 $128.00 PIPE ROLLERS (FOR 2' TO 30" PIPE) #899 $ 24.00 BARRICADES 0800 $ 2.50 PIPE STANDS (FOR 8' TO 12' PIPE) #900 IS SAO BEVELING BAND 14"-20" #833 $ 75.00 PIPE SKIDS (4"X 6'X 4' LUMBER) #BBB $ 1.00 BEVELING BANQ24"-42- #834 $100.00 PLASMA CUTTER -PORTABLE #BBB" $ 150:00 BEVELING SAN04'•12" .#032 $ 50.P0 .PLYWOOD I/3 REPLADEMENT COST #1997 $ 3.00 BEVELING MACHINE I4"-20" #030 $ 76.00 PNEUNIATIC/HYDRAU TORQUE WRENCH #3090 $ 150.00 BEVELING MACHINE 24•-42" #831 $ 100.00 PORTABLE BAND SAW #860 $ 36.00 BEVELING MACHINE 4•-12" #029 $ 42.50 POWER -THREADER #853 $ 86.00 BORING MACHINE -CASE HYDRA #1092. $160.00 PRESSURE WASHER TRAILER MOUNT. #6941 $ 160.00 BORE MOTOR #854 $ 10.00 PUMP -SKID MOUNT BENTONITE #110 $ 107.00 BORING MACHINE 1-112"&1314. (Acw-punch) 01178 $ 16.00 PUMP -SUBMERSIBLE #861 $ 27.00 BORING MACHINE 4"-6" (Attu -punch) #1520 $ 25.00 RIGID ROLL GROOVER (0736#8561 $ 30.00 BORING MACHINE 3.11T (Attu -punch) #1177 $ 20.00 RIVET BUSTER / RIPPING GUN #669 IS 5D.00 BUFFER &GRINDER #836 IS 25.00 ROCK DRILL (Plus Steel) #865 $ 35.00 BUILDER LEVEL. AC-2X NIKON -#845 $ 25.00 ROCK SEPARATOR - GRIZZLY #1811 $ 85.00 CEMENT MIXER $ 43.00 ROTARY HAMMER (Plus Steel) 41852 $ 60.00 CHAIN LINK FENCE PANELS 4846 $ 3.00 BANDMASTER - UNIT (with accessories) #1176 $ 126.00 CHAIN SAW 16" (INCLUDES BLADES) 0850 $ 50.00 SAWZALL #874 $ 15.00 CHIPPING GUN (Plus Steel) #868 $ 36.00 SCISSOR LIFT -TEREX #1285 $ 116.00 CLAY SPADE (Plus Steel) #866 $ 36.00 SHORING LUMBER 3" X 12' X 14' (UtI REPLACEMENTCOST) #895 $ 3.00 CLEANING BALL #880 $ 10.00 SHORING LUMBER 8"X 8"X 8' (113 REPLACEMENT COST) #896 $ 3.00 COM-ALONG/CHAIN #Ba8 $ 15.00 SKILL SAW (INCLUDES BLADES) #836 $ 20.00 !'r114CRETE FINISHER #1823 $ 126.00 TAP MACHINE -T.D. WILLIAMSON (UP TO 3') 0827 It 100.00 j CRETE VIBRATOR #891 $ 40.00 TAR POT #862 $ 50.00 __.4STRUCTIONSIGNS #882 $ 4.00 TEST PLUG #892 $ 10.00 CROSSING -PLATES #878 $ 6.25 TEST PUMP 200 LS.400tB.'SPRAGUE -01815 .$ 125.00E CUT OFF ICHOPSAW (INCLUDES BLADES) 9810 $ 53.00 TEST PUMP 5,000 LB. TRAILER MOUNTED #6818 $ 187.00 DEAD WEIGHT TESTER $ 60.Op TEST PUMP HI9h Pressure, #19.40 $ US= DELINEATORS #879 $ 2.60 TESTPUMP Portable �7066 4981810817.) 4 '80.00 DRILL MOTOR 112E #811 $ 20.00 TESTING TABLE 411834 $ 00.00 DRILL MOTOR 814E #812 $ 25.00 TRAFFIC CONES 0881 $ 2.50 DRY ROD OVEN -PORTABLE #813 $ 25.00 TRANSIT. THEOUTE #645C $ 35.00 DUCT ROD #855 $ 30.DO TRENCH BOX • B' X 10' #1910 $ 200.00 EMULSION POT SPRAYER $ 60.00 TRENCH BOX • 4' X 10' #1909 $ 130.00 FLOODLIGHT TRIALER (MERCURY VAPOR LIGHTS) $ 125.00 TRENCH JACK (SCREW) #877 $ 4.00 F6OWUNER #841 $ 2.9.00 TRENCH JACK (HYDRAULIC) -11878 $ 20.00 FUSION MACHINE 4-12" Macelroy #3095 $200.00 TRENCHER #1160 $ 126.00 GENERATOR (3.5-5KIN) #1807 $ 63.00 TRI-VISE #884 $ 25.00. GENERATOR 176 KW) #5280 $ 76,00 VIBRATOR PLATE $ 91.00 HEATTRADER 014 $ 25.00 WALKIETALKIE5 (SETOF2) •41893 6 25.00 HEATER #815 $ 25.00 WATER HOSE 1 1/2' X 50' *8`71 -$ BAD HOLIDAYDETECTOR #838 $ 25.00 WATER HOSE. 21/2'X 60' 0872 4 7.60 HYDRAULIC STAR CUTTER #889 $ 100.00 WATER PUMP 2" Portable 41831 $ .0.00 IMPACT GUN 1" #819 $ 26.00 WATER PUMP 3" Portable *1832 $ 80.00 IMPACT GUN 1/2" 9821 $ 18.00 WEEDEATER #11B $ 50.00 IMPACT GUN 3/4" #822 $ 20.00 WELDING SHIELDS (6' X TO -FRAME) #901 $ 6.00 IMPACT WRENCH 1" #864 $ 35.00 WET/DRYVACUUM - '#4U9BD1 $ 10.00 LADDER #875 $ 10.00 WHALERS HYDRAULIC 41e94 $ 300.00 LASER LEVEL 48459 $ 78.00 - WINCH 10 TON (GRUNDO) #8042 4 300.00 LEAF BLOWER #824 4 25.00 - DAILY LIGHT STAND #849 $ 15.00 SAFETY AND HAZMAT EQUIPMENT MANHOLE' BLOWER WITH HOSE 8" #840 $ 43.00 4WAY GAS MONITOR #921 $ 26.00 MANHOLE BLOWER WITH HOSE 1T $ 55.00 MULTI -GAS DETSCTDR IPID 0914 $ 105.00 ..PAVEMENTSREAKER/JACKHAMMER #687 $ 35.00 SUPPLIED AIR RESPERATOR KIT "0922 $ 126:00 PIPE SENDER 5"GREENLEE #1666 $ 100.00 ESCAPE AIR PACK #918 3 25.01) PIPE BENDER 2" GREENLEE #1860 $ 100.00 H2S MONITOR 9920 $ 15.00 PIPE BENDER MACHINE 6.20" (Plus shosa#relght per day) #1DS2 $ 400.00 HAZMAT SUIT -TYVEK 9912 .$ 8.00 PIPE BENDER SNOBBY 1082 BENDER #1190 $1165.00 WEEKLY HAZMAT TRAILER HBO 4 20.00 '-E CUTTER-RIDGID SOIL #05 $ 15.00 RESPERATOR APR- HALF/FULL MASK (CARTRIDGE INCL.) #911 $ 5.00 CUTTER LINEUP CLAMP 10"-30" #839 $ 50.00 SCBA. SELF CONTAINED #916 S 65.00 l „-E CUTTER LINEUP CLAMP 8'•14" #851 $ 26.00 SCSA CYLINDER- EXTRA #917 $ 35.00 TRIPOD WITH WINCH MIs $ 100.00 P.F.D.- PERSONAL FLOTATION DEVICE N923 $ 5.00 FULL BODY HARNESS #924 S 5.00 pN•sa: 11232 E. Firestone Blvd., Norwalk, CA 90650 Pbone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lie. 273024 EXHIBIT C EXHIBIT C CHANGE ORDER Exhibit C CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. _ SUPPLEMENT NO. _ SHEET _ OF _ SHEETS PROJECT: TO: REQUESTED BY: Citv of Vernon P.O. NO. CONTRACTOR You arehereby 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. Contract Amount (Base Bid)................. ................................ $ Amount of This Change Order $ ........................................... . . Amount of Previous Chan a Orders $ ......................................... Total Change Orders $ Modified Contract Amount .............................................. $ By reason of this change order the done of completion will be adjusted as follows: Approved: Date: Director of Community Services & Water Attest: Date: Willard Yamaguchi, City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and lumby 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. Accepted Date: Contractor: By: Title: e. rnvdw.ruwa.m.uacwururerraamg Rev. U3110 EXHIBIT D EXHIBIT D REQUEST FOR PROPOSAL V1I&Apf i COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583—s8ll Fax (323) 8264435 City of. Vernon Request for Proposal For Emergency Water and Public Works Repairs June2011 INTENT' The City of Vernon (City) is seeking a Services Agreement (Agreement) from qualified contractors to perform emergency repair services for the City's water system and public works facilities on an as needed basis in the event of a natural disaster or large-scale.emergency conditions. CRITERIA FOR SELF . UN A committee of City staff members.will evaluate and rank the qualified proposals in response to the Request for Proposal. If deemed necessary by the staff committee, the top tanked contractors will be invited to an oral interview before the committee. The professional fee envelopes will be opened only after the contractors are ranked based upon their qualifications. Please be advised that if the City Attorney determines there is a conflict of interest that v✓ouki prevent the City from contracting with a particular contactor/firm, then that proposal shall lre disqualified. Evaluation of proposals and interviews will include the following criteria: • Experience, credentials and time commitment of the contractor and other key personnel; • Experience of the contractor in facilitating projects and/or jobs of a similar nature; • Responsiveness td the project objectives and preparation of a working schedule that will ensure that the contractor has personnel available to make emergency repairs during normal work hours (Monday through Thursday 7:00 A.M. — 5:30 P.M.) and after-hours; • Ability to meet the projectJob schedule; and ECcfusivefy Industriaf • Cost for repair work. PROPOSAL FORMAT The proposal shall include, at minimum, the following items: • Letter of Transmittal; • Executive Summary — Two (2) page limit; ► Understamiing of, and approach to, the project; • Experience with similar projects completed in the past three years and related references; • Qualifications of the firm members and their commitment -to the project; • A detailed description of the Scope of Work; • Estimate time to complete repair; and • Bid- forms shall be placed in a separate sealed .envelope. Typical repairs may include water main and valve leaks and breaks, sewer stoppages, storm diain stoppages, collapsed storm drains, collapsed sewer mains, broken sewer laterals,. sink holes, or any other emergency where City crews are not able.,to make the required emergency repaira. Contractor shall perform all labor, work, or other operations required for the fulfillment of the Agreement, including tools and equipment, in strict accordance with the provision defined in this Request for Proposal, Green. Book standards, the American Water Works Association (A'IWWA) standards, the American Public Works Association (APWA) standards, and the current City of Vemon standards and details. The work shall also include the famishing of all transportation and - services, including fuel, electricity, water, safety equipment, and essential communications. MNSa-M-NG'SERVICES CONTRACT A sample of the City's Standard Professional Contractine Services Agreement and Insurance Requirements the successful Proposer will be required to enter into with the City is herein attached. Proposers are strongly advised to review all. the terms.and conditions of the sample Agreement. If the Proposer takes exception to. any provision of the attached sample ,P peement, the Proposer must specify each exception and give a detailed statement of why he takes exception to each certain -provision -stated in the sample Agreement. The extent to which 4he Proposer takes exception to the City's Agreement will be considered and evehtated in.the Agreement award. Subndssion of the proposing frrm's standard Agreement, as a part of the proposal will not be accepted. .INTERPRETATIONS No oral interpretations will be given as to the meaning of the specifrcatior documents -or any part thereof. Every request forinterpretation shall be made in writing to the Cityof.Vemon. GENERAL The specifications herein state the minimum requirements for the City. Unauthorized conditions, limitations, or provisions shall be cause for rejection. The City will consider as `hon-responsive" any proposal not prepared and submitted in accordance with the proposal document and specification, or anyhid lacking'sufficient te.cbnieal?rftmbmtbenable tlteDepartment to make a reasonable determination of compliance torthespeaifteatinn,, It shall be the proposer's responsibility tm oaoss%v mxarniise Mh items of The specification. All variances, exceptions and/or deviations shalllbeffiftdhamomdiamthe app> secdom Payment for work will be.on a labor, inatbtrialiEnaegfionmabage.paymentwdI be Based on time atthe site only; mobilization/demobilii; i on& am tb 6e kcb.rded in the proposed rates. The City makes no guarantee of the total quantityroFwo*tialaa estitfed',. The City will notify the contractor of general locations requiring reyn*and*gffn=d dagerk)CM of the field conditions at repair locations. Notification of properties; whose^ sarr i*e: may. be interrupted will be the responsibility, of the..City. Please note that ntuitiglk Ageeemrenta, may- be awarded to ensure the City has the services needed to meet emergensFrepairrequiiemeents. CONTRACTORS RESPONSIBLITM The contractor will be required to perform 11MUM Ib die CWs water, sewer, storm drain, and street facilities, and will also responsible for aM main we mc&G& used to complete the repairs. In addition, the contractor shall be responsibly fen psmaiaiing at following rt Levels adequate to complete repairs in a timely mamter as outlinedl&elnav • Qualified Labor, • Tools; • Equipment; • Transportation; • Services (including fW, electricity, ,.eater, and communications); and • Traffic Control. WATER OUAIdTY PROTECTION AND TORMWATER QUALITY The contractor shall take all .necessary steps to protect the storm drain system from -discharge's.-ef conshvctlon-related wastewater, including: saw cutting slurry, concrete washout, sediment-contaminated-ntnoff, sewage overflows, or highly -chlorinated dischatges from water line testing. This will require tbe use of Best Management Piwiices.(BW&) such as providing sediment controls on downshesrn storm drain inlets, collecting and removing saw cutting slurry, providing an area for concrete washout, and directing highly -chlorinated disdharges to the sanitary sewer or by dechlorinating this water. The contractor shall comply with all state and federal laws relating to stormwater runoff; The selected contractor shall take all -precautions to ensure the safety of pedestrians, vehicular traffic, and personnel; Contractor's License Classification: contractor shall possess a valid Class A General Engineering Contractor's license .at the time of Bid Opening and for the duration of the. Contract. Failure to possess the specified license shall render the bid as non -responsive and shall actas a bar to award the Contract to any bidder not possessing said license at the time of Bid Opening; and -The contractor is responsible for meeting all Agreement 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. 1i��]ij7�i�v[t? Time is of the essence for all required work. The contractor will make a good faith effort to start repairs within two (i) hours of notification or in accordance with a written schedule approved by the City. If repair cannot be completed within this period, the contractor shall provide the, City a full damage assessment, cost estimate and completion schedule within twenty four (24) hours 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 forty eight (49) hours or in as little -as two (2) hours, depending on the urgency of the repair. The bid form has places to indicate premiums or fees that contractor .will.charge for those response times. UNDERGROUND UTILITIES AND P SICAL CONDITIONS ' The City. shall not be responsible for the accuracy Or completeness of information Ar 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.Undeiground 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 considered 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 uninterrupted service -and to. provide such special protection is may be necessary. All paved areas, including curb, gutter, and sidewalk, out or damaged 'during construction, shall be replaced with similar materials of equal thickness, to match the existing adjacent undisturbed areas. Cost Data A. Labor: Please provide a cost schedule illustrating labor rates (Per Hour) for all applicable job classifications. Labor costs shall be proportional to all assigned work and only1hat portion of the time applicable to the emergency work will be paid. B. Eouium : .Please provide a cost schedule illustrating equipment rates (Per Day and Per Week) for all applicable equipment. No payment will be made for use of tools which `have a replacerrierit value of $500 or less. Regardless of ownership, the -tates to be used in determining equipment costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributers, at the time the emergency workis pefformed. The equipment rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the emergency work shall be included. . If equipment is used intermittently and, when not in use, could be returned -to its source at less expense to the City than holding it at the work site, it shall be returned, unless the contractor elects to keep it at the Work site, atno'expense to the City. All equipment shall be acceptable to the City, in good working condition, and suitable for the purpose for which it is to be used. As part of the proposal, the contractor shall provide the City with the mark-up rate for the equipment used on the work to cover all overhead and profit. MATERIALS AND SUPPLUS. The contractor will use materials and supplies from the City inventory or vendor identified by the contractor. A flat percent mark-up shall be provided for all overhead and profit. The contractor shall supply the City with an original receipt of all materials utilized on the job. The Use of the City, inventory, will be. ai 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 listed. 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. If City requests work outside normal work hours (7:00 AM to 5:00 PM, Monday through Thursday); above hourly mtes increased by %. 5. Premium for eight -hour response time is 6. Premium. for two-hour response time is _ 7. The minimum number of hours charged for labor is. S. The minimum number of hours charged for equipment is % 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. The City will pay for emergency workbased on the accumulation of costs provided herein. DAILY REPORTS BY CONTRACTOR The contractor shall submit. S daily report to the City representative on forms approved by the City. Applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized shall be included. Failure to submit the daily report by the close of the next working day.maymaive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the City representative and the contractor. Xn the event of a -disagreement, pertinent notes shall be entered by each party to explain points which camiot-be resolved immediately. Each party shall retain a signed of -the report. Reports by subcontractors or others shall be submitted through the contractor. The report shall include: 1. List of names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. List the type of equipment, size, identification number, and hours of operations, including loading and transportation, if applicable. 4. Describe other services. and expenditures in a detailed fashion. 5 INVOICES The contractor's invoices for material, equipment rental and other expenditures shall be submitted' with the daily report. If the daily report is not substantiated'by invoices or other documentation, the City may establish the cost of the item involved at the lowest price which was current at the time of the report WORK BY SUBCONTRACTOR When•any,emergency, work is performed by a subcontractor, the mark-up shall be applied to the subcontractor's costs. In addition; a 5% allowance for the contractor's overhead and profit shall be added to the sum of the. subcontractor's costs and mark-up and shall constitute the mark -lap for all overhead and'profrl for the contractor on emergencywork done by the subcontractor. SUBMITTAL OF PROPOSALS If your firm .is interested in submitting a proposal for this work, it must be received by 2:00 P.M. on Tuesday, August 2,.MI. Four (4) copies of the contraotor's Proposal shall be submitted -in a sealed envelope to: Samuel Kevin Wilson, P.S. Director of Community Services and Water City of Vernon Department of Community Services 4305 Santa Fe Avenut5 Vernon, California 90058 -Ors the outside-0fthe sealed Proposal envelope clearly write: "Contractor Name" Emergency Water and Public Works Repairs Due August 2, 2011 at 2:00 P.M. Inside the Proposal envelope, include a sealed envelope containing the attached bid sheets for the project. On the outside of the sealed Cost Proposal envelope clearly write: "Contractor Name" Project Fees CONTACTPERSON The contact person is Scott Rigg who can be reached at (323) 583-8811, extension 279 Monday through Thursdaybetween 7:00 A.M. and 5:30 P.M. CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF DOTY BROS. EQUIPMENT COMPANY (DBA DOTY BROS. CONSTRUCTION COMPANY) A CALIFORNIA CORPORATION RESOLVED, the follgvving persons are authorized to execute any and al1 documents n&cessary for bidding o, contracting wort: on behalf of Doty Bros, Equipment Company. Name Luis A. Armona M.C. "Chris" Christy Henry A. Barber Dale Haithcoat Luis A. ,Armona Luis A,. Armona I the undersigned do hereby certify: Office Chief Executive Officer President i Chief Operating Officer Vice President Operations Treasurer! CFO Assistant Treasurer / CFO Secretary 1. That I Luis A. Armona, am the duly elected Secretary of Doty Bros. Equipment Company, a California Corporation. 2. That the foregoing is a irue and corrected cop;; of the resolution adopted bid the Board o` Directors at a meeting hetd.on-October 27. 2009. j 1 Da" d: Octob—, 27. 2009' _ Luis r.. Anil, -r _-__-_'-- OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 November 9, 2011 Doty Bros. Equipment Company Attn: Lisa Johnson, Bid Administrator 11232 E. Firestone Blvd. Norwalk, CA 90650 RE: Services Agreement — Emergency Water and Public Works Repairs Dear Ms. Johnson: The insurance requirements have been met. Transmitted herewith is a fully executed agreement as referenced above, approved by City Council on November 1, 2011, through Resolution No. 2011-178. If you have any questions, please contact S. Kevin Wilson at (323) 583-8811 extension 245. Thank you. Since ly, Wl LA�YA U City Clerk Enclosure WGY:dj c: S. Kevin Wilson Purchasing Department Resolution No. 2011-178 Agreement File No. 11-120 Ecfusivefy Industriaf SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND DOTY BROS. EQUIPMENT COMPANY DBA DOTY BROS. CONSTRUCTION COMPANY FOR EMERGENCY WATER AND PUBLIC WORKS REPAIRS Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: COVER PAGE Doty Bros. Equipment Company dba Doty Bros. Construction Company Lisa Johnson, Bid Administrator Doty Bros. Equipment Company dba Doty Bros. Construction Company 11232 E. Firestone Blvd. Norwalk, CA 90650 Attention: Lisa Johnson Phone: (562) 864-6566 Facsimile: (562) 864-6052 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Mark Whitworth, City Administrator Telephone: (323) 583-8811 ext. 398 Facsimile: (323) 826-1408 November 1, 2011 November 1, 2012, unless extended pursuant to Section 1 Total not to exceed $100,000.00 (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period 3 years SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND DOTY BROS.' EQUIPMENT COMPANY DBA DOTY BROS. CONSTRUCTION COMPANY FOR EMERGENCY WATER AND PUBLIC WORKS REPAIRS THIS AGREEMENT is made and entered into as of November 1, 2011 ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and Doty Bros. Equipment Company dba Doty Bros. Construction Company, a California corporation ("Contractor"). City and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain emergency repair services for the City's water system and public works facilities on an as needed basis, as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A. B. Contractor represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City may renew this Agreement on a year-to-year basis at its discretion. (b) In the event that City renews this Agreement, Contractor may submit a proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent to renew. Any increase in rates must be approved by City before such increase can take effect. If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may terminate the renewal by giving thirty (30) days written notice. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties prior to performance of those additional services. (b) Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall at all times 2 observe and comply with all such ordinances, laws and regulations. City, and its officers, vfficlals, employees, agents or volunteers shall not be liable at law or in equity occasioned by -failure of Contractor to comply with this section. (d) Contractor will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing. Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services and any supplies or goods required by this Agreement, a sum not to exceed the Consideration set forth on the Cover Page and more particularly described in Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services as well as for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery, tax, assembly, and installation, as applicable). (b) There shall be no claims for additional compensation for reimbursable expenses and Contractor shall not be reimbursed for any additional expenses. (c) Change in the scope of services, duties, obligations, durations or total compensation, shall be by written authorization only by the City. A form of Change Order is set forth in Exhibit "C" attached hereto and incorporated by reference. Section 4. Method of Payment. City shall pay Contractor the Consideration in accordance with the Cost Schedule set forth in Exhibit B. Section 5.. Responsible Princinals. (a) Contractor's Responsible Principal set forth on the Cover Page shall be principally responsible for Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of City. (b) City s Responsible Principal shall be the City Administrator or his designee who shall administer the terms of the Agreement on behalf of City. Section 6. Personnel. (a) All.persons performing Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. (b) Contractor represents that it has, or shall secure at its own expense, all personnel required to perform Contractor's Services under this Agreement. All personnel engaged in the work shall be qualified to perform such Services. Section.7. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license. 7 Section 8. Access. Contractor shall comply with all reasonable access and other restrictions that City may Impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. Section 9. Contractor's Duties and Reoresentations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. (b) Contractor presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such Interest shall be employed by or be associated with Contractor. (c) There Is no Iitlgatlon pending against Contractor and Contractor is not the subject of any criminal Investigation or proceeding, and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section i o: Independent Contractor. (a) Contractor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. City shall not be liable for compensation or indemnification to Contractor or its officers, employees, or agents for Injury or sickness arising out of performing services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Contractor from City while performing services for City. Section 11. Termination. (a) Termination Right. City may, at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5) calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. 12 (b) In the event of termination or cancellation of this Agreement by City, due tc no fault or failure of performance by Contractor, Contractor shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 12. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage, arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. in no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 13. Confidential Status: Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, blueprints; maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be.disclosed by Contractor to any third party without City's prior written consent. City reserves all rights to Confidential Information. City shall grant consent if disclosure is legally required, All Confidential Information shall be returned to City upon completion or termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to Information that: i. was in the possession of, or was rightfully known by, the Contractor without an obligation to maintain its confidentiality prior to receipt from City; Ii. Is or becomes generally known to the public without violation of this Agreement; III. is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or bM IV. information which is required to be disclosed pursuant to any court order or directive having the force of law. (c) The provisions of this section shall survive the termination of this Agreement. Section 14. Technical Materials. City reserves all rights to any and all tools, dies, patterns, plates or other similar technical materials furnished or paid for by City, and Contractor shall use such materials in strict confidentiality and shall return the same to City at its request upon completion or termination of this Agreement. Contractor shall not copy or otherwise use any such materials for any purposes other than the completion of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Section 15. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for Records Retention Period. City shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies and transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Section 16. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement Immediately by written notice to Contractor. Section 17. Indemnification. Contractor agrees to defend, Indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in anyway arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, Its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION, The obligations in this section 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. Section 18. Insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful. or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, rnalntain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability I insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance. of work under this Agreement worker$ compensation insurance as required by law. (0) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required In the primary, insurance. (e) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Pollution Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required in the primary insurance. (f) Contractor shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. (g) The policy or policies required by this Agreement shall be issued by an Insurer admitted in the State of California and with. a rating of at least a B+; VII in the latest edition of Besfs Insurance Guide. (h) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (i) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing that the coverage and policy endorsements required under this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of Insurance required by this Agreement shall contain an endorsement naming the City, its officers, officials, employees, agents, and volunteers as additional insured's. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. 0) The insurance provided by Contractor shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, 7 employees, agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions forwalver of subrogation. Contractor hereby waives all rights of subrogation against City, its officers, officials, employees, agents, and volunteers. (k) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 19. Certification. In accordance with the provisions of Section 3700 of the Labor Code, Contractor shall secure the payment of compensation to.Contractor's employees. Ely executing this Agreement, Contractor certifies the following: Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance In accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. Section 20. Standard Specifications. The work done pursuant to this Agreement shall be done in accordance with the provisions of the most current edition of "Standard Specifications for Public Works Construction" (commonly known as"the Green Book") including Supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California, which specifications are hereinafter referred to as the "Standard Specifications." The provisions of these Standard Specifications shall apply to the work performed under this Agreement, unless different standards are specified in Exhibit A or agreed to in writing by the City. Section 21. Compliance with Laws. Contractor shall keep itself informed of and comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the Occupational Safety and Health Act and all those Applicable Laws 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. For purposes of this section, "Applicable Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals or other applicable requirements of any governmental entity or agency having jurisdiction that are applicable to any aspect of this Agreement that are in force on the Effective Date and as they may be enacted, issued or amended during the term of this Agreement. Section 22. Enforcement of Wane and Hour Laws. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. Section 23. Materials and Workmanship. City shall have the right to inspect any material used. Material furnished shall be new, complete, ready -for -use and of the latest model, shall not have been used in demonstration or other services and shall have all the usual equipment as shown by its. manufacturer's current specifications and catalogs, unless otherwise specified. Equipment, supplies or services that fail to comply with the Agreement requirements regarding design, material or workmanship may be rejected at the option of City. Any materials rejected shall be removed from City premises at the Contractor's sole expense. Section 24. Licenses and Permits. Except as provided herein below, Contractor shall obtain and pay for all permits and licenses required by federal, state or local law, rule or regulation. Costs for obtaining City permits required under this Agreement will be waived. All requirements for obtaining permits (including City permits) remain in effect and are not waived; only the costs of City permits are waived. Section 25. Assianment of Unfair Business Practices. Contractor and its subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. Section 26. Assignment and Subcontracting. Contractor shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. In the event City grants written approval to Contractor to subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Section 27. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shallbe a retired judge. All decisions of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court. having . jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Section 28. Attorneys Fees. 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. Section 29. Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its jaws regarding choice of applicable law. 0 Section 30. Entire Agreement and Modifications. This Agreement, Including atlachments incorporated herein by reference, represents the entire integrated agreement and understanding between the Parties, and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified in writing and signed by both Parties. Section 31. Waiver. 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 whether of the same or other covenant or condition; 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 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. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 32. Force Maieure. Neither party shall be considered in default of 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 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. Section 33. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Contractor. City shall timely notify Contractor of the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by section. Section 34. Notices. All notices, approvals, consents and other communications between the Parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 35. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 36. Headings. Headings used in this Agreement are for convenience and ease of reference only and shall not affect the interpretation of the Agreement, Section 37. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. 10 Section 38.. Severability. Whenever possible, each provision of this Agreement shall loeinterpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 39. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. [Signatures Begin on Next Page]. 11 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated i n the introductory clause. City of Vernon, a California charter City etnd California municipal corporation By: Y411MONSENZAKU AdwM William J. Davis, Mayor Pro-Tem APPR ED AS TO FORM: Willard G. Yamaguchi, Chief Deputy City Attorney Doty Bros. Equipment Company dba Doty Bros. Construction Company, a California corporation By: Name: Chris Christy Title: President r-- �j By: Name: Luis Arm( Title: Assistant Treasurer 12 .CERTIFIED COPY OF RESOLUTION! OF BOARD OF DIRECTORS OF DOTY BROS, EQUIPMENT COMPANY (DBA DOTY BROS. CONSTRUCTION COMPANY) A CALIFORNIA CORPORATION[ RESOLVED, the follovving persons are authorized to execute any and a!I Documents n cassa,T-v for bidding or contracting work o behalf of Doty Bros. Equipmenf Company. Name Office Luis A. Armona Chief Executive Officer 11, M.C. "Chris•' Christy President; Chief Operating Officer Henry A. Barber Vice President Operations Dale Haithcoat Treasurer! CFO Luis A. Armona Assistant Treasurer !CFO Luis A. Armona Secretary I the undersigned do hereby certify: That I Luis A. "'rmona, am the duly elected Secre?ary of Doty Bros. Equipment Company, a California Corporation. 2. Thal the foregoing is a ;rue and corrected copy of the resolution adop—ed by ;tie Board o' Directors at a meeting hetd.on-October 27, 2009, j DZt._ b r 2-20N. Luis;,.. rmor>--�-------',' EXHIBIT A EXHIBIT A SCOPE OF SERVICES Contractor shall perform emergency repair services for the City's water system and public works facilities on an as needed basis including work as a result of a natural or manmade disaster. Contractor's services shall include, but are not limited to, water main and valve leaks and breaks, sewer stoppages, storm drain stoppages, collapsed storm drains, collapsed sewer rndns, broken sewer lateral, sink holes, debris removal, or any other emergency where City crews are not able to make the required emergency repairs. 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 attached as Exhibit D, Green Book standards, the American Water Works Association (AWWA) standards, the American Public Works Association (APWA) 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. EXHIBIT B EXHIBIT B FEES Contractor shall perform the services described In Exhibit A in accordance with the labor and equipment rate sheets, copies of which are attached hereto and incorporated by referenced as attached. Contractor shall invoice City within thirty (30) days after performing the work for Services provided under this Agreement. Invoices shall include the period for which the Services were provided, the dates of such Services, and a description of the Services provided for that billing period. Each invoice shall include copies of timesheets, if any, and other supporting documents as City may require. Payments of each invoice shall be made by City within thirty (30) days following receipt of each invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be withheld until resolution. The contractor will use materials and supplies from the City inventory or vendor identified by the contractor. A flat percent mark-up shall be provided for all overhead and proff. 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 listed. 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 an hour). 4. If City requests work outside normal work hours (7:00 AM to 5:00 PM, Monday through Thursday), above hourly rates increased per the attached rate sheets. 5. Eight hour response time shall be considered emergency call out per attached rate sheet. 6. The minimum number of hours charged for labor is 4 hours. 7. The minimum number of hours charged for equipment is 4 hours. 8. A detailed cost schedule is attached herewith. ,.DOTT BROSS COST PLUS RATES SOUTHERN CALIFORNIA TO PAY STRAIGHT OVER DOUBLE PAY STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME CRAFTSMAWCLASS CODE TIME TIME 77ME CARPENTERS OPERATING ENGINEERS GenerafForeman CGF 88.64 124.82 181.04 General Foreman, Appdx. A OGF 97.11 133.55 170.06 Operating Foreman COP 85.88 120.68 165.53 Foreman, APpdx. A OFM 93.71 128.47 163.31 Foremen CFM 83;54 117.20- -150.91 Group 1, Appdx. A - Oiler OG1 85.38 116.06 146.79 Journeymen CJM 78.43 109.59 140.79 Group 2, Appdx. A - Oiler OG2 86.70 118.03, 149.42 Shineler CSJ 78.65 109.91 141.22 Group 8, Appdx. A - Universal 0138 90.30 123.39 156.65 Apprentte -8th Pedod (90%) CAB 72.07 100.10 128.18 Group 10, Appdx, A - Mechanic OGA 90.50 123.70 166.95 Group 8. Appdx. B - Cram < 26 Tons 086 90.79 124.12 157.63 MILLYWNGHTS Group 9, Appdx. B - Crane > 26 Tons 089 91.08 124.56 168.10 GenerelForeman CMG 89.50 126.09 162,73 Apprentice, Grp 8, Appdx A - Step 8(00%) OAS 83.54 113.30 143.14 Foremen CMF 84.39 118.47 152.60 Journeymen CMJ 79.28 110,86 142.47 U.A. PIPEPITTERSNYELDERS Apprentice -Sin Period(95%) 'CM8 69.61 96.44 123.30 INDUSTRIAL General Foremen IGF 1D5.94 143.96 181.98 CEMENTMASONS Foremen FFM 99.62 134A9 169A7 'Foremen MFM 82.52 109.63 136.73 Journeyman - Welder/Fitter IJM 89.87 120.20 160.71 Journeymen MJM 77.52 102.12 126.72 Industrial Welder 'IIW 95.96 129.42 162.88 PST Maddne Operator MTO 77.93 102.76 127.56 Apprentice - Fifth Year IA5 71.40 96.97 122.60 Apprentice -Bth 6 Mos. (9D%) MA8 72.60 94.74 116.88 SHORTLINE (LOCAL 250) LABORERS Foreman SFM 97.42 134.66 168.91 OpomtorGeneral Foreman LOG 94.49 130.95 167.46 Journeyman (Welder/Fitter) SJM 92.21 127.26 159.64 OperetorForeman LOF 91.08 .126.87 160.71 Welder Helper SWH 65.72 74.84 92.92 .General -Foreman LGF 76.86 104.12 13L38 Foreman _FM 76.18 101.61 128.04 UTILITY Group 1 -General LG7 67.84 90.80 113.36 Operator Foreman UOF - 69.79 124.68 159A2 Group2-Wrapper To6" LG2 68.76 91.90 115.2D Fmreman UFM 70.88 96.711 122.99 Group 3 - PTO/Wreppsr > 6" LG3 69.68 93.36 117.D3 Welder UWD 88.61 94.28 119.188 Group 4 -Pipe layer, C5S .LG4 72.26 97.23 122.20 Journeymen/Fuser UJM 68.92 79.71 100.51 Group 5-Blasler LG5 72.86 98.11 123.37 Pipe Tradesman II UP2 44A6 58.20 71.95 Apprentice -6th Period(65%) LAO 65.27 76.75 98.22 ELECTRICIANS / INSIDE WIREMEN (Reds subject to project location a employee base location) TEAMSTERS General Foreman EGF 105.68 14666 187.68 Operator General Foreman TOG 99.64 136.06 172.60 Foremen EFM 97.96 135.16 172.39 Operator Foreman TOF 96.23 130.99 166.81 Journeymen EJM 9D.26 123.05 157.10 -General Foreman TGF .76.74 101.59 12SA3 Apprentice -10th Period (85%) 'EAG 78.25 106.62 136.05 Foremen TFM 75.07 99.08 123.10 -Group 2-2 Axle TG2 71.99 04AS 116.92 PROJECTMANAGEMENT Group 3-3 Axle TG3 72.20 94.78 117.36 Project Manager -MPM 111.65 152.73 197.24 Group 5-Working Track Driver TG5 72.57 95.33 118.09 -Superintendent MSP 114.19 163.69 198.37 Group 6-4 or More Axle TG6 72.62 96.4.1 118.19 Project Engineer MPE - 77.75 113.79 149.83 Group 9 -Lo-Bed TG9 73.79 97.16 120.63 Safety Director SAD 109.73 149.23 193.86 Group 12-WTD BoomTrk Cad TBT 75.84 100.24 124.63 Safely Supowleor SAS 97.65 133.09 -171.86 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate'for Apprbntlo s will be based on actual classification. Subsistence: $96.00/day Traver Tims: Customerwlll be advised Iftrevel tlme Is eppllcable Overtime Rates: All hours outside regularly constituted shift shall be lime and one half. Saturday Is lime and one half, Sundays and holidays shall be paid at double time. For Operating Engineers, Laborers. Teamsters, Cement Maaona, Electricians - first four (4) hours outside regular shift, and prat twat" (12) hours on Saturday Is lime and one half; all additional hours at double time Including holidays. Emergency "call out work" - Four (4) hour minimum for labor end equipment. Markup; Material, subcontractors, subsistence, and outside rentals (including fuel coats), will be billed cost plus sales tax where applicable, plus mark-up of 16% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, Son Bernardino, Impedel, Venture, Santa Barbera, Son Luis Obispo, Kem and In addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, Son Clemente Island, Son Miguel Island, Santa Barbara Island, Santa Rose Island, Anscaps Island, Including the Channel Islands Monument. Rate Scale does not Include San Diego County. NOTE; Wage scares am in accordance with Associgled General Contractors Master Labor Agreement, and are subject to change without notice, This rate sheet Is nor all Inclusive; additional clesslficstiom available If required. (v2.0) CA C.L. 273024 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864.6052 www.dotybros.com CA Lic. 273024 all Anstruction Compang. MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2011 TO JUNE 30, 2012 BACK HOES Im ROAD EQUIPMENT I� Newly AUGER #1189 $ 20.00 CABLE DOLLY- ONE REEL (Trailer Mounted) $ 12.00 Accessory. COMPACTION WHEEL EXECAVATOR #1181 It 40.00 CABLE DOLLY- THREE REEL (Traitor Mounted) $ 25.00 Accessory- COMPACT WHEEL F/CASEJD #1179 $ 2D.00 FLASHING ARROWBOARD-(4 HR. MIN.) $ 17.00 Accessory- HYDRAULIC BREAKER I CASE S JD #1183 $ 50.00 GRADER -CAT 140 #R7791 $ 83.63 Accessory- VIBRATORY PLATE #1535 $ 40.00 GRINDER I COLD PLANER (BITELLI) - (4 HR, MIN.) #1187 $ 232.00 CCA35A ROC! WHEEL #1313 $ 76.00 ROLLER . (RIDE ON) $ 29.50 CASE 680 IJD310 $ 40.82 ROLLER (WALK BEHIND)-1 TON VIBRATOR $ 23.50 CASE 500 $ 42.82 ROLLER TRAILER $ .49.00 CAT 300-TFtACK MOUNTED #4055 1 114.38 STREETSWEEPER (4 HR. MIN.) #3319 $ 43.13 CAT 345. TRACK MOUNTED #4072 $144.38 TILT TRAILER #8306 $ 12.00 HITACHI ZX20EXCAVATOR-WHEELED /1418B $ 98.13 TRENCHER TRAILER #6481 $ 12.00 CAT 416 44147 $ 38.82 UTILITY TRAILER 06462 $ 12.00 JD 710 $ 46.82 ZIPPER PAVEMENT GRINDER (PER DAY RATE) 91800 $ 376.00 ASP14ALT PAVER - LEE BOY 1000D #1196 S 115.63 COMPACTIONEQUIPMENT CEMENT SAW -WALK BEHIND #1936 $ 33.50 ARROW (HYDRO HAMMER)/STOMPER $ 44.50 WATER WAGON (PER DAY RATE) #6271 $ 40.00 SHEEPS FOOT- Tow Behind (Vibrating) #1169 $ 16.50 WACKER TAMPER #1880 $ 23.50 TRUCKS PADFOOT COMPACTOR 86" #1501 $ 32.94 2.3 TON LUSE TRUCK #3460 .$ 17.38 5 Yard (Flat bed or Bobtail) Dump 12.3 Ton Utility Truck $ 24.63 COMPRESSORS W190 I.S. BREAKER. CLAY SPADE 8 TAMPER BACK HOE MOVER TRUCK $ 21.63 COMPRESSOR 125.-185 CFM 1 21.50 CEMENT TRUCK wl mixer and compressor #3338 $ 55.63 COMPRESSOR -AIR, PORTABLE (PER DAY RATE) #1808 $ 106.00 DUMP TRUCK 10 WHEELER $ 32.63 EQUIPMENT TRAILER - 20.000 LB $ 14.00 °1 EQUIPMENT TRAILER-4D,000 LB $ 16.00 M TRUCK - 8 TON #3647 $ 35.63 FLAT BED with LIFT #3693 $ 23.63 JM TRUCK - 10 - it TON $ 50.63 FLAT BED with MIXER I DUMP #3392 $ 55.63 SOON TRUCK - 14 TON '$ =64;63 LOWBED TRAILER wl tractor 8 maw pemdl4ees #3456 $ 46.63 BOOM TRUCK 23-25 TON 0308 $ 59.03 LOWSIDE END DUMP TRAILER W/TRACTOR #3418 .$ 43.63 CRANE - RT / 15-18 TON (or equivalent) $ 61.63 PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED $ 16.38 PICK -UP -RENTAL NUMBER R770Q $ I&M DOZERS / SIDEBOOMS SERVICE TRUCK - MISC TOOLS NOT INCLUDED 1 18.30 DOZER JD 450 #6D78 $ 44.69 SERVICE -VAN- MISC TOOLS NOT INCLUDED $ 18.38 SIDEBOOM CAT D-6 $ 68.69 TEST PUMP TRUCK #3401 $ 80.63 SIDEBOOM CAT D-7 45083 $ 67.69 TEST TRAILER (Hyprostallc) (0549 8 6674) $ 32.00 SIDEBOOM CAT 581 #5045 1 64.69 UTILITY VEHICLE (NON-HWY) $ 23.38 SIDEBOOM CAT 672 #5067 $ 79.69 - VACUUM TRUCK - SOFT DIG #3908 1 39.13 SIDEBOOM JO 460 $ 42A9 WATER TRUCK -(1500-2,000 GALS.) $ 35.63 WATER TRUCK - (3,500 GALS.) #3464 $ 40.63 FORKLIFTS WINCH TRUCK #3395 $ 30.63 FORKLIFT. HYSTER 20000 LB #1203 $ 35.82 FORKLIFT - LION 6,00 LB #1204 $ 23.82 MISCELLANEOUe SOARING MACHINE HYDRAULIC #1521 $ 25.00 LOADERS BORE MACHINE TRAILER #8447 1 10.00 MINI SKID STEER -DITCH WITCH #1275 $ 27,82 TAP MACHINE (Water lines 3"to 12').(Per Inch/ per day) #828 -$ 30.00 LOADER -BOBCAT WI BUCKET #1184B $ 27.82 TAP MACHINE (Water lines up to 2')'1Per inch7'Per deg) #820 $ 20.00 LOADER -BOBCAT W/SWEEPER #1184S $ 37.82 LOADER -BOBCAT W/GRINDER #11040 $ 57.82 WELDERS RUBBER TIRE LOADER -544 JD #5086 $ 47.63 - 200 AMF..TRUCK MOUNTED S 29.88 RUBBER TIRE LOADER - 930 CAT #5089 1 49,63 200 AMF, SKID -MOUNTED or TRAILER $ 16.88 RUBBER TIRE LOADER-950 CAT #5087 $ 60.63 WELDER- RIG RENTAL NUMBER R7704 $ 29.88 RUBBER TIRE LOADER -950EIF CAT #5099 $ 71.63 RUBBER TIRE LOADER -966 CAT 46070 S 66.63 CUTTING TORCH (ACETYLENE) #926 1 18.00 SKIPLOADER - CASE 5801 MF 40E I F 446 $ 32.82 FABRICATION SHOP 8 EQUIPMENT #101 $ 90.00 Prye,of2 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.cwm CA Lie. 273024 .-DO TBROSE/yy /mow � MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1 2011 TO JUNE 30 2012 $### linS9BLIJ39�1- ADDITIONAL (1) TORQUE HEAD FOR HYORAUDC TORQUE WRENCH AIR'HOSE 310)(50' AIR SAW AIR TAMPER ASPHALT SPREADER BAR #119 BARRICADES #8 BEVELING BAND 14%20" BEVELING BAND 24"-42` BEVELING BAN64`-12" BEVELING MACHINE 14"-20" BEVELING MACHINE 24%42" #8 BEVELING MACHINE 4'-12" #829 BORING MACHINE -CASE HYDRA BORE MOTOR BORING MACHINE 1.1/2"813/4" (Attu-pumh) BORING MACHINE 4"-B" (Attu -punch) BORING MACHINE 3-1/2' (Attu -punch) BUFFER 8 GRINDER BUILDER LEVEL. AC-2X NIKON CEMENT MIXER CHAIN LINK FENCE PANELS #846 CHAIN SAW 16" (INCLUDES BLADES) #850 CHIPPING GUN (Plus Steel) #888 CLAY SPADE (Plus Steel) #866 CLEANING BALL - #890 COM-A-LONG / CHAIN #886 rnNCRETE FINISHER #1823 ( CRETE VIBRATOR #891 --ASTRUCTIONSIGNS #882 CROSSING -.PLATES #878 CUTOFFICHOPSAW (INCLUDES BLADES) 981D DEAD WEIGHT TESTER DELINEATORS g879 DRILL MOTOR 1/2" 011 DRILL MOTOR 3/4" - #812 DRY ROD OVEN - PORTABLE #813 DUCT ROD #855 EMULSION POT SPRAYER FLOODLIGHT TRAILER (MERCURY VAPOR LIGHTS) FbOW LINER 0841 FUSION MACHINE 4.12"Meas[my #30B5 GENERATOR (3.6-SKIN) #1807 GENERATOR .(76 KW) 46280 HEAT TRACER #814 HEATER #816 HOLIDAY DETECTOR 4838 HYDRAULIC STAR CUTTER #689 IMPACT GUN 1" 0818 IMPACT GUN 1/0 0821 IMPACT GUN 314" #822 IMPACT WRENCH 1" #864 LADDER 9875 LASER LEVEL #8458 LEAF BLOWER #624 LIGHT STAND #849 MANHOLE BLOWER WITH HOSE 8" 0840 MANHOLE BLOWER WITH HOSE 12" -PAVEMENTIBREAKER I JACKHAMMER 4867 PIPE BENDER 6" GREENLEE #1086 PIPE BENDER 2" GREENLEE #1886 PIPE BENDER MACHINE 6-20" (Plus shoss/Irel9ht per day) #1082 PIPE BENDER SHOES/ 1082 BENDER #1180 CUTTER - RIDGID SOIL #886 \/ CUTTER LINEUP CLAMP 16"-3$" #839 ? „-E CUTTER LINEUP CLAMP B"-14" #851 #309 #870 #857 #869 80 #893 #834 #8 32 91 #109 g854 #845 #830 #1178 #1520 #1177 #838 )Sala 1 $ 50.00 $ 8.00 $ 50.00 $ 35.00 3 $ 125.00 $ 2.50 $ 75.00 $ 100.00 $ bop $ 75.00 $ 100.00 $ 42.50 2 $ 160.00 $ 10.00 $ 16.00 $ 25.00 $ 20.00 Is 25.00 $ 25.00 $ 43.00 $ 3.00 $ 50.00 $ 36.00 $ 35.00 $ 10.00 $ 15.00 $ 126.00 $ 40.00 $ 4.00 $ 6.25 $ 53.00 $ 80.0p $ 2.60 $ 20.00 $ 25.00 $ 25.00 $ 30.DO $ 60.00 $ 128.00 $ 25.00 $200.00 $ 53:00 $ 76.00 $ 25.00 $ 25.00 $ 25.00 $ 10040 $ 25.00 $ 16.00 $ 20.00 $ 35.00 $ 10.00 $ 75.00 $ 25.00 $ 15.00 $ 43.00 $ 66.00 $ 35.00 $ 100.00 $ 100.00 $ 400.00 $1165.00 WEEKLY $ 15.00 $ 50.00 $ 25.00 MISCELLANEOUS am PIPE LOCATOR #309 #870 #857 #869 80 #893 #834 #8 32 91 #109 g854 #845 #830 #1178 #1520 #1177 #838 )Sala 1 $ 50.00 $ 8.00 $ 50.00 $ 35.00 3 $ 125.00 $ 2.50 $ 75.00 $ 100.00 $ bop $ 75.00 $ 100.00 $ 42.50 2 $ 160.00 $ 10.00 $ 16.00 $ 25.00 $ 20.00 Is 25.00 $ 25.00 $ 43.00 $ 3.00 $ 50.00 $ 36.00 $ 35.00 $ 10.00 $ 15.00 $ 126.00 $ 40.00 $ 4.00 $ 6.25 $ 53.00 $ 80.0p $ 2.60 $ 20.00 $ 25.00 $ 25.00 $ 30.DO $ 60.00 $ 128.00 $ 25.00 $200.00 $ 53:00 $ 76.00 $ 25.00 $ 25.00 $ 25.00 $ 10040 $ 25.00 $ 16.00 $ 20.00 $ 35.00 $ 10.00 $ 75.00 $ 25.00 $ 15.00 $ 43.00 $ 66.00 $ 35.00 $ 100.00 $ 100.00 $ 400.00 $1165.00 WEEKLY $ 15.00 $ 50.00 $ 25.00 MISCELLANEOUS am PIPE LOCATOR #843 PIPE LOCATOR - METROTECH #1935 PIPE PUSHER /GRUNDORAM-HERCULE #1939 PIPE TONGS (4', 6', 8",10', 12', 16". 18". 20") #1036 PIPE ROLLERS (FOR 2" TO 30" PIPE) #809 PIPE STANDS (FOR 6' TO IT PIPE) #900 PIPE SKIDS (4"X 8'X 4- LUMBER) #898 PLASMA CUTTER -PORTABLE #888 BLYWOOD 1/3 REPLACEMENT COST #897 PNEUMATIC/HYDRAU TORQUE WRENCH 49090 PORTABLE BAND SAW #860 POWER THREADER #853 PRESSURE WASHER TRAILER MOUNT. #6941 PUMP- SKID MOUNT BENTONITE #1166 PUMP - SUBMERSIBLE #861 RIGID ROLL GROOVER 01173640858) RIVET BUSTER I RIPPING GUN #860 ROCK DRILL (Plus Steel) #865 ROCK SEPARATOR - GRIZZLY #1811 ROTARY HAMMER (Plus Steel) #852 SANDSLASTER- UNIT(with scoessorles) #1176 SAWZALL #874 SCISSOR LIFT -TEREX #1286 SHORING LUMBER 3"X 12'X 14' (1n REPLACEMENTCOST) #895 SHORING LUMBER 8"X8'X8' (1n REPLACEMENT COST) #898 SKILL SAW (INCLUDES BLADES) #836 TAP MACHINE- T.D. WILLIAMSON(UP TO 3") #827 TAR POT #862 TEST PLUG 4892 TEST PUMP 200 LB: 400tB: SPRAGUE -0815 TEST PUMP 5.000 LB. TRAILER MOUNTED #6818 TEST PUMP HI9h Pressure #19,40 TEST PUMP Portable 2odib `(01116A 0817) TESTING TABLE #1834 TRAFFIC CONES #881 TRANSIT - THEOLITE #1145C TRENCH BOX •B'X10' #1910 TRENCH BOX - 4' X 10' M909 7RENCHJACK (SCREW) #877 TRENCH JACK (HYDRAULIC) -41876 TRENCHER #1100 TRI-VISE #884 VIBRATOR PLATE WALKIETALKIE8 (SETOF2) 4893 WATER HOSE 1 1/2' X 50' -071 WATER HOSE. 21/2" X 50' #872 WATER PUMP 2" Portable ..61831 WATER PUMP 3" Portable #1832 WEEDEATER #Ile WELDING SHIELDS(0' X to -FRAME) N901 WET / DRY VACUUM 'Wessell WHALERS HYDRAULIC 44894 WINCH 10 TON (GRUNDO) #6042 SAFETY AND AND HAZMAT EQUIPMENT 4 WAY GAS MONITOR MULTI -GAS DETECTOR MID SUPPLIED AIR RESPERATOR KIT ESCAPE AIR PACK H2S MONITOR HAZMAT SUIT - TYVEK HAZMAT TRAILER RESPERATOR APR- HALF/FULL MASK (CARTRIDGE INCL.) SCBA-SELF CONTAINED SCBA CYLINDER - EXTRA TRIPOD WITH WINCH P.F.D. - PERSONAL FLOTATION DEVICE FULL BODY HARNESS DAILY no 3 25.00 S 40.00 $ 600.00 $ 50.00 $ 24.00 $ - 5.00 Is 1.00 $ 150:00 $ 3.00 $ 150.00 $ 35.00 It 85,00 $ 160.00 $ 107.00 $ 27,00 $ 30.00 $ 60.00 $ 35.00 $ 85.00 $ 50.00 $ 125.00 $ 15.00 $ 115-.00 $ 3.00 $ 3.00 $ 20.00 $ 100.00 $ 50.00 $ 10.00 $ 125.00' d 167,00 $ 126:00 4 '60.00 $ 60.00 $ 2.50 $ 35.00 $ 200.00 6 130.00 $ 4.00 $ 20.00 $ 126.00 $ 25.00, Is 91.00 4 25.00 -$ B.00 $ 7.50 S . 53.0D $ 80.00 $ 50.00 $ 5.00 $ 10.00 S 3D0.00 4 300.00 DAILY 11921 $ 26.00 #914 $ 105.00 '0922 $ 125:6D #918 $ 25.00 #920 $ 15.00 #912 .$ 8.00 N6648 4 20.00 #B71 $ 5.00 #916 $ 65.OD #917 $ 35.00 N813 $ 100.00 #923 $ 5.00 #924 S 6.00 P.eE2a1 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic, 273024 EXHIBIT C EXHIBIT C CHANGE ORDER Exhibit C CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. PROJECT: TO: SUPPLEMENT NO. _ SHEET _ OF _ SHEETS REQUESTED BY: Citv of Vernon P.O. NO. CONTRACTOR 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. Contract Amount (Base Bid) $ Amount of This Change Order I .............................................. $ 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 fonows; Approved: Date: Director of Community Services & Water Attest: Date: Willard Yamaguchi, 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 W noted above, and perform all services necessary for are work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Contractor: By: Title: 11..-....w,..,.,..a........ ............x Rev. 03/10 EXHIBIT D L= :Il3k1•] REQUEST FOR PROPOSAL f. tit it COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Pe Avenue, VernM California 90058 Telephone (323) 583-8611 Pax (323) 826,1435 City of Vernon Req.u,est for Proposal For Emergency Water and Public Works Repairs June 2011 INTENT The City of Vernon (City) is seeking a Services Agreement (Agreement) from qualified contractors to perform emergency repair services for the City's water system and public works facilities on an as needed basis in the event of a natural disaster or large-scale. emergency conditions. CRITERIA FOR SELECTION A committee of City staff members.will evaluate and rank the qualified proposals in response to the Request for Proposal. If deemed necessary by the staff committee, the top ranked contractors will be invited to an oral interview before the committee. The professional fee envelopes will be opened only after the contractors are ranked based upon their qualifications. Please be advised that if the City Attorney determines there is a conflict of interest that would prevent the City from contracting with a particular contractor/firm, then that proposal shall be disqualified. Evaluation of proposals and interviews will include the following criteria: • Experience, credentials and time commitment of the contractor and other key personnel; • Experience of the contractor in facilitating projects and/or jobs of a similar nature; • Responsiveness to the project objectives and preparation of a working schedule that will ensure that the contractor has personnel available to make emergency repairs during normal work hours (Monday through Thursday 7:00 A.M. - 5:30 P.M.) and after-hours; • Ability to meet the project/job schedule; and Excfusivefy Industrial • Cost for repair work. PROPOSAL FORMAT The proposal shall include, at minimum, the following items: • Letter of Transmittal; • Executive Summary -• Two. (2) page limit; Umderstanding of, and approach to, the project; • Experience with similar projects completed in the past three years and related references; • Qualifications of the firm members and their commitment -to the project; • A detailed description of the Scope of Work; • Estimate time to eomplete repair; and • Did -forms shall be placed in a separate sealed.envelope. SCOPE OF WORK Typical repairs may include water main and valve leaks and breaks, sewer stoppages, stone drain stoppages, collapsed storm drains, collapsed sewer mains, broken sewer laterals, sink holes, or any other emergency where City crews are not able. -to make .the required emergency repairs. Contractor shalt perform all labor, work, or other operations required for the fulfillment of the Agreement, including tools and equipment, in strict accordance with the provision defined in this Request for Proposal,Green. Book standards, the American Water Works Association (A1W1'VA) standards, the American Public Works Association (APWA) standards, and the current City of Vernon standards and details. The work shall also include the famishing of all transportation and - services, including fuel, electricity, water, safety equipment, and essential. communication. CONSW-1N- G.SERVICES CONTRACT A sample of the City's Standard Professional Contracting Services Agreement and Insurance Requirements the successful Proposer will be required to enter into with the City is herein attached. Proposers are strongly advised to review all the terms.mid conditions of the sample Agreement. If the Proposer takes exception to, any provision of the attached saniple-rlgreemen't, the Proposer must specify each exception and give a detailed statement of why he takes exception to each certain provision stated in the sample Agreement. The extent to which the Proposer takes exception to the City's Agreement will be considered and evaluated in -the Agreement award. Submission of the proposing firm's standard Agreement, as a part of the proposal will not be accepted. INTERPRETATIONS No oral interpretations will be given as to the meaning of the specification -documents -or any part thereof. Every request for interpretation shall be made in writing to the City•ofVernon. GENERAL The specifications herein state the minimum requirements for the City. Unauthorized conditions, limitations, or provisions shall be cause for rejection. The City will consider as "non -responsive" any proposal not prepared and submitted in accordance with the proposal document and specification, or any`bid lackingsufficient technical literature to enable the Department to make a reasonable determination of compliance to the specification. It shall be the proposer's responsibility tocarefully examine each item of the specification. All variances, exceptions and/or deviations shall be fully described -in the appropriate section. Payment for work will be.on a labor, materials and equipment basis. Payment will be based on time atthe site only; mobriizationldemobilization 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 an&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. Please note that multiple Agreements may be awarded to ensure the City has the services needed to meet emergency repair requirements. CONTRACTORS RESPONSIBLUMS The contractor will be required to perform repairs to the City's water, sewer, storm drain, and street facilities, and will also responsible for all means and methods used to complete the repairs. In addition, the 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; • Transportation; • Services (including.fuel, electricity, water, and communications); and • Traffic Control. WATER QUALITY PROTECTION AND STORMWATER QUALITY The contractor shall take all .necessary steps to protect the storm drain system from -discharges-ef construction -related wastewater, including: saw cutting slurry, concrete Washout, sediment-contaminalad-nmoff, sewage overflows, or highly -chlorinated dischatges 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 removing saw cutting slurry, providing an area for concrete washout, and directing -highly-chlorinated discharges to the sanitary sewer or by dechlorinating this water. The contractor shall comply with all state and federal laws relating to stormwater runoff; The selected contractor shall take all -precautions to ensure the safety of pedestrians, vehicular traffic, and personnel; Contractor's License Classification: contractor shall possess a valid Class A General Engineering Contractor's license .at the time of Bid Opening and for the duration of the Contract. Failure to possess the specified license shall render the bid as non -responsive and shall act -as a bar to award the Contract to any bidder not possessing said license at the time of Bid Opening; and -The contractor is responsible for meeting all Agreement conditions and City standards & details for all work performed. Substandard work, as determined solely by the City, shall be redone -al the expense of the contractor. WORK SIMEDULING Time is of the essence for all required work. The contractor will make a good faith effort to start repairs within two (2) hours of notification or in accordance with a written schedule approved by the City. If repair cannot be completed within this period, the contractor shall provide the City a full damage assessment, cost estimate and completion schedule within twenty four (24) hours of notification. Normal work hours are Monday through Friday 7:00 am to 5:00 pm. The City nsalr request contractor to start work within forty eight (4$) hours or in as llttle as two (2) hours, depending on the urgency of the repair. The bid form has places to indicate premiums or fees that contractor. willcharge for those response times. 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 considered 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 uninterrupted service and to provide such special protection as may be necessary. All.paved areas, including. curb, gutter, and sidewalk, out or damaged during construction, shall be replaced with similar materials of equal thickness. to match the existing adjacent undisturbed areas. Cost Data A. Labor: Please provide a cost schedule illustrating labor rates (Per Hour) for all applicable job classifications. Labor costs shall be proportional to all assigned work and only -that portion of the time applicable to the emergency work will be paid. B. F411 enZ: Please provide a cost schedule illustrating equipment rates (Per Day and'Per week) for all applicable equipment. No payment will be made for use of tools which `have a replacernefit value of $500 or less. Regardless of ownership, the -mates to 'be used in determining equipment costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributers, at the time the emergency worlds performed. The equipment rates paid shall include the cost of fuel, .oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the emergency work shall be included. . If equipment is used intermittently and, when not in use, could be returned to its source at less expense to the City than holding it at the work site, it shall be returned, unless the contractor elects to keep it at the work site, at no expense to the City. All equipment shall be acceptable to the City, in good working condition, and suitable for the purpose for which it is to be used. As part of the proposal, the contractor shall provide the City with the mark-up rate for the equipment used on the work to cover all overhead and profit. MATERIALS AND SUPPLIES. The contractor will use materials and supplies from the City inventory or vendor identified by the contractor. A flat percent mark-up shall be provided for all overhead and profit. The contractor shall supply the City with an original receipt of all material's utilized on the job. The Use of the City'& 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 listed. 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. If City requests work outside normal work hours (7:00 AM to 5:00 PM, Monday through Thursday); above hourly rates increased by %. 5. Premium for eight -horn response time is 6. Premiumfortwo-hour response time is 7. The minimum -number of hours charged for labor is 8. The minimum number of hours charged for equipment is 9: A detailed schedule of costs must be submitted to the City for approval for all costs, including labor, equipment, in and supplies prior to payment. The City will pay for emergency work based on the accumulation of costs provided herein. DAILY REPORTS )BY CONT-RACTOR The contractor shall submit. a daily report to the City representative on forms approved by the City. Applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized shall be included. Failure to submit the daily report by the close of the next working day .may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the City representative and the contractor. In the event of a disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed of -the Mort. Reports by subcontractors or others shall be submitted through the contractor. The report shall include: 1. List of names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used 3. Listthetype of equipment, size, identification number, and hours of operations, including loading and transportation, if applicable. 4. Describe other services. and expenditures in a detailed fashion. INVOICES The contractor's invoices for material, equipment rental and other expenditures shall be submitted' with the daily report. If the daily report is not substantiated' by invoices or other documentation, the City may establish the cost of the item involved at the lowest price which was current at the time of the.report, WORK BY SUBCONTRACTOR When -any, emergency work is performed by a -subcontractor, the mark-up shall be applied to the subcontractor's costs. In addition; a 5% allowance for the contractor's overhead and profit shall be added to the sum of the subcontractor's costs and mark-up and shall constitute the mark-4p for all overhead and -profit for the contractor on emergency work done by the subcontractor. SUBMITTAL OF PROPOSALS if your firm is interested in submitting a proposal for this work, it must be received by 2:00 R.M. on Tuesday, August 2,.2011. Foul (4) copies of the contractor's Proposal shall be submitted -in a sealed envelope to: Samuel Kevin Wilson, P.E. Director of Community Services and Water City of Vernon Department of Community Services 4`3'05 Santa Fe Avenue' Vernon, California 90058 -On the outsideafthe sealed Proposal envelope clearly write: "Contractor Name" Emergency Water and Public Works Repairs Due August 2, 2011 Aft 2:00 P.M. Inside the Proposal envelope, include a sealed envelope containing the attached bid sheets for the project. On the outside of the sealed Cost Proposal envelope clearly write: "Contractor Name" Project Fees CONTACT PERSON The contact person is Scott Rigg who can be reached at (323) 583-8811, extension 279 Monday through Thursday.be ween 7:00 A.M. and 5:30 P.M. CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF DO T Y BROS. EQUIPMENT COMPANY (DBA DOTY BROS. CONSTRUCTION COMPANY) A CALIFORNIA CORPORATION RESOLVED, the following persons are authorized to execute any and all documents nB-essary for bidding or contracting vvork on behalf of Doly Bros. Equipment Company. Name Luis A. Armona h'.C. `Chris" Christy Henry A. Barber Dale Hailhcoat Luis A. Armona Luis A. Armona I the undersigned do hereby certify: Office Chief Executive Officer President 1 Chief Operating Officer Vice President Operations Treasurer / CFO Assistant Treasurer / CFO Secretary 1. That I Luis A. Armona, am the duly elected Secretary of Doty Bros. Equipmem Company, a California Corporation, DEPed That the foregoing Is a true and corrected cDpb of the resolution adopted by the Board of Director at a meeting held -on -October 27. 2009. i October 2 r . 2009 _- Luis A.. "MO.n _>> ---- — �R RECEIVEp RECEIVE® OCT 1. g 2011 OCT 13 2011 C1R(CLERK'SOFE�CE CITY ADMINISTRATION STAFF REPORT COMMUNITY SERVICES & WATER DEPARTMENT October 11, 2011 Honorable Mayor and City Council FROM: Samuel Kevin Wilson; Director of Community Services & Water RE: REQUEST TO APPROVE A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND DOTY BROS. EQUIPMENT COMPANY FOR EMERGENCY WATER AND PUBLIC WORKS REPAIRS On August 2, 2011 the Department of Community Services and Water received six (6) bid proposals in response to the Request for Proposals for Emergency Water and Public Works Repairs. The subject bids were received from Colich & Sons, Doty Bros Equipment Company, Excel Paving, MNR Construction, Valverde Construction, and Williams Pipeline Contractors. The selection process was based on a combination of cost, experience with similar projects, general understanding of the scope of work, and feedback from references. In a detailed review of the received bids, Valverde Construction, Inc. (Valverde) and Doty Bros. Equipment Company (Doty Bros.) appear to have the experience and technical expertise needed to perform emergency repairs. In terms of price considerations, both Valverde and Doty Bros. labor and equipment costs appear to be in -line with current market rates. Moreover, two contractors were selected in order to provide a degree of redundancy in the event that one of the recommended contractors is unable to mobilize manpower or equipment needed to address an emergency situation. Furthermore, the proposed emergency work will be used mainly for large-scale repairs that are beyond the capabilities of the City's construction crews; or in the event that City crews do not have the resources required to facilitate a needed repair in a timely fashion. It is important that the City have contractors available to eliminate the potential liability associated with large-scale public works infrastructure failures. The City Attorney's office has prepared a Services Agreement between the City of Vernon and Doty Bros. Equipment Company. The Agreement has been executed by Doty Bros. Equipment Company. Please note that the attached Cost Plus Labor and Equipment Rates illustrated in Exhibit "B" will expire on June 30, 2012. The proposed increase in the Cost Plus Labor and Equipment Rates shall be in accordance with the Associated General Contractors Master Labor Agreement. It is my recommendation that the subject Agreement be approved at the November 1, 2011 City Council meeting and be made effective November 1, 2011. Thank you. SKW/sr Enclosures � pF YgA RECEIVED OCT 1 S 2011 � Se` 0 cs �PFLY .HP CITY CLERK'S OFFICE COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mark Whitworth, CityAdministrator FROM: Samuel Kevin Wilsdk&ector of Community Services and Water DATE: October 11, 2011 SUBJECT: REQUEST TO APPROVE A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND DOTY BROS. EQUIPMENT COMPANY FOR EMERGENCY WATER AND PUBLIC WORKS REPAIRS The Department of Community Services and Water received bid proposals in response to the Request for Proposals for Emergency Water and Public Works Repairs. The subject bids were received from Colich & Sons, Doty Bros Equipment Company, Excel Paving, MNR Construction, Valverde Construction, and Williams Pipeline Contractors. Moreover, the selection process was based largely on a combination of cost, experience with similar projects, general understanding of the scope of work, and feedback from references. In a detailed review of the received bids, Valverde Construction, Inc. (Valverde) and Doty Bros. Equipment Company (Doty Bros.) appear to have the experience and technical expertise needed to perform emergency repairs. In terms of price considerations, both Valverde and Doty Bros. labor and equipment costs appear to be in -line with current market rates. Still, two contractors were selected in order to provide a degree of redundancy in the event that one of the recommended contractors is unable to mobilize manpower or equipment needed to address an emergency situation. The proposed Agreement will be used primarily for large-scale repairs that are beyond the capabilities of the City's construction crews; or in the event that City crews do not have the resources required to facilitate a needed repair in a timely fashion. It is important that the City have contractors available to eliminate the potential liability associated with large-scale public works infrastructure failures. The City Attorney's office has prepared a Services Agreement between the City of Vernon and Doty Bros. Equipment Company. The Agreement has been executed by Doty Bros. Equipment Company. Please note that the attached Cost Plus Labor and Equipment Rates illustrated in Exhibit `B" will expire on June 30, 2012. The proposed increase in the Cost Plus Labor and Equipment Rates shall be in accordance with the Associated General Contractors Master Labor Agreement. It is my recommendation that the subject Agreement be approved at the November 1, 2011 City Council meeting and be made effective November 1, 2011. Thank you. SKW/sr Enclosures F:�\SmM9Y Daoimft'T g W.W&Sam Repti\DoYB. n .y S.U&Public Wo CLVAum doc DOTY BROS, Construction Company October 5, 2011 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Mark Whitworth, City Administrator Reference: Services Agreement TERM: October, 2011 through October 2012 Dear Mr. Whitworth: We are pleased to be in award of the above referenced new Blanket Agreement with the City of Vernon. Please find attached as per your request in your emails dated October a and 5s', the dual signed original copies of the Agreement as signed by our President and Assistant Treasurer. . Please note that the attached Cost Plus Labor and Equipment Rates of which help comprise Exhibit B will expire on June 30, 2012. New Rates will then be issued at that time. We appreciate the opportunity to bring our quality workmanship to future projects for the City of Vernon, we look forward to working with you. Should you have any questions, please feel free to contact our office. J. Titchenell Contracts Administrator Cc: Water Division Contract file Enclosures 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 Juarez, Debbie From: Barcia, Ana Sent: Monday, November 07, 2011 8:16 AM To: Juarez, Debbie Subject: RE: Doty Bros. - Insurance Verification -Res. No. 2011-178 Current insurance on file Ana Barcia City of Vemon T: 323) 583-8811 ex 286 F: 323) 826-1439 abarcia@ci.vernon.ca.us ci.vernon.ca.us From: Juarez, Debbie Sent: Monday, November 07, 2011 7:58 AM To: Barcia, Ana Subject: Doty Bros. - Insurance Verification -Res. No. 2011-178 Hi Ana. Please let me know if the above -referenced has valid insurance on file. Thank you. (Wora6 yuarez 4�fcot'rrs Wanadenreut As'sistaat City c f ven,ou City Crerk!s Oire 4.305 Santa Pe f7venue Venton, CA 90058 (323)583-8811 1/-/a o CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. 1 SUPPLEMENT NO. _ SHEET 1 OF 1 SHEETS PROJECT: Emergency Water and Public Works Repairs P.O. NO. TO: Doty Bros. Equipment Company 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. Extend the existing Services Agreement between the City of Vernon and Doty Bros. Equipment Company for Emergency Water and Public Works Repairs for a period of one-year, effective November 1, 2012. Please refer to the 2012-2013 cost schedule, dated June 19, 2012, for labor and equipment rates. Doty Bros. Equipment Company, by executing Change Order No. 1, agrees to abide by the City of Vernon's Living Wage Ordinance for the duration of the subject Agreement. Contract Amount(Base Bid ............................................... $ 100,000.00 Amount of This Change Order I ............................................. $ 0 Amount of Previous Change Orders I ......................................... $ Total Change Orders I ..................................................... $ Modified Contract Amount ........................................... $ By reason of this change order the time of completion will be adjusted as follows: Approved: Date: `lam Dire nity Services & Water Attest: r7 Date: Dilna eed, cttiing�i;ty 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 paym ofere-thcDrices shown above. Accepted Date: 12 Contractor: Chris Christy, By: Title: President c: Project File/Contractor/Purchasing Rev. 03/10 RECEIVE® RECEIVED a� y 12,,- a OR �� �� � AUG 16 2012 AUG 2 1 2012 CITY CLERK'S OFFICE CITY ADMINISTRATION STAFF REPORT COMMUNITY SERVICES & WATER DEPARTMENT DATE: August 15, 2012 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: REQUEST TO EXTEND SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND DOTY BROS. EQUIPMENT COMPANY FOR EMERGENCY WATER AND PUBLIC WORKS REPAIRS The Department of Community Services and Water (Department) entered into an Agreement with Doty Bros. Equipment Company (Doty Bros), effective November 1, 2011. The Agreement is set to expire November 1, 2012. Doty Bros has provided the Department with a cost proposal for fiscal year 2012-2013; dated June 19, 2012. In a detailed review of the cost proposal, it was determined that the labor rates have increased by an average of 2.94 percent from the 2011-2012 fiscal year; and the equipment rates have remained unchanged. Moreover, the Agreement will be used primarily for large-scale repairs that are beyond the capabilities of the City's construction crews; or in the event that City crews do not have the resources to facilitate emergency repairs in a timely fashion. The existing Services Agreement, under Section No. I(a), stipulates that the "City may renew this Agreement on a year-to-year basis at its discretion." Change Order No. 1, extending the Agreement for one-year, is herein attached for review. It is my recommendation that Change Order No. 1, extending the Services Agreement for Emergency Water and Public works Repairs between the City of Vernon and Doty Bros Equipment Company, be approved at the September 4, 2012 City Council meeting. The effective date will be November 1, 2012. Thank you. SKW/sr Enclosures COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM A-6 TO: Mark Whitworth, City Administrator FROM: Samuel Kevin Wilson, of Community Services and Water DATE: August 15, 2012 SUBJECT: REQUEST TO EXTEND SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND DOTY BROS. EQUIPMENT COMPANY FOR EMERGENCY WATER AND PUBLIC WORKS REPAIRS The Department of Community Services and Water (Department) entered into an Agreement with Doty Bros. Equipment Company (Doty Bros), effective November 1, 2011. The Agreement is set to expire November 1, 2012. Doty Bros has provided the Department with a cost proposal for fiscal year 2012-2013; dated June 19, 2012. In a detailed review of the cost proposal, it was determined that the labor rates have increased by an average of 2.94 percent from the 2011-2012 fiscal year; and the equipment rates have remained unchanged. Moreover, the Agreement will be used primarily for large-scale repairs that are. beyond the capabilities of the City's construction crews; or in the event that City crews do not have the resources to facilitate emergency repairs in a timely fashion. The existing Services Agreement, under Section No. 1(a), stipulates that the "City may renew this Agreement on a year-to-year basis at its discretion." Change Order No. 1, extending the Services Agreement for one-year, is herein attached for your review. . It is my recommendation that Change Order No. 1, extending the Services Agreement for Emergency Water and Public Works Repairs between the City of Vernon and Doty Bros Equipment Company, be approved at the September 4, 2012 City Council meeting. The effective date will be November 1, 2012. Thank you. SKW/sr Enclosures F1Sam'SaarVvlYD�"mn qW.W& Sow RepwTM BmaT� Sow& Public W.&. qry Adorn Mild. DOTY BROS, Construction Company June 19, 2012 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Scott B. Rigg Reference: Services Agreement P.O. 0 110007417 TERM: 10/01/11—10/01/12 Subject: Cost Plus Labor Rates and Equipment Rates Ms. Rigg: JUN 2 8 2012 Community Services It's that time of year again that Doty Bros. Equipment Co. dba Doty Bros. Construction Co. ("DBEC/DBCC") is submitting to you its currently effective Cost Plus Labor Rates and Equipment Rates in order to amend the above referenced Agreement. As per Section 2. Performance, subsection 3. Compensation, ( c ) "...total compensation, shall be by written authorization only by the City." Please note that these rates shall now surpass those issued last year with expiration dates of June 30, 2012. As of July 1, 2012, DBEC will begin honoring the new rates in compliance with its collective bargaining agreements with its various labor unions as applicable to all work. Therefore, your prompt consideration of future awards of projects with this in mind is greatly appreciated. In addition, we would like to bring your attention to the fact that this year our Labor and Equipment Rates are effective for one year (July 1, 2012 through June 30, 2013). Thank you for providing Doty Bros. Equipment Co. with the opportunity to bring its professional services and quality workmanship to projects for the City of Vernon, we enjoy working with you. Should you have any questions or require further information please do not hesitate to call our office. Sincerely, Monache J. Titchenell Assistant Contracts Administrator Cc: Water Division AR Contract file Enclosures DOTY Construction Company COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2012 TO JUNE 30, 2013 PAY STRAIGHT OVER DOUBLE PAY STRAIGHT OVER DOUBLE CRAFTSMAWCLASS CODE TIME TIME TIME CRAFTSMAWCLASS _ CODE TIME TIME TIME CARPENTERS - OPERATING ENGINEERS General Foreman CGF 89.52 125.68 161.83 General Foreman, Appdx. A OGF 100.93 137.86 174.80 Operating Foreman COF 89.42 125.53 161.63 Foreman, Appdx. A OFM 97.59 132.86 168.13 Foremen CFM 84.52 118.17 151;82 Group 1, Appdx. A - Oiler OG1 Sa43 120.62 151.82 Journeyman CJM 79.52 110.67 141.82 Group 2, Appdx. A - Oiler OG2 90.73 122.58 154.42 Shingler _ CBJ 79.73 1%99 142.25 Group 8, Appdx. A - Universal OG8 94.25 127.86 161.46 Apprentice - 8th Period (90%) CAB 73.29 101.32 129.36 Group 10, Appdx. A - Mechanic OGA 94.45 128.16 161.86 Group 8, Appdx. B- Creme <25 Tons 088 94.74 128.58 162A2 MILLWRIGHTS Group 9, Appdx. B - Crane > 25 Tons OB9 95.02 129.01 162.99 General Foreman CMG 90.36 126.93 183.50 Apprentice, Grp 8, Appdx A- Step 6(90%) CAB 87.53 117.77 148.02 Foreman CMF 85.35 119.42 153.49 Journeyman CMJ 60.35 111,92 143.48 U.A. P/PEFITTERSAWELDERS Apprentice-8th Period(95%) CMB 70.88 97.71 124.54 INDUSTRIAL' General Foreman IGF 109.25 148.04 186.82 CEMENTMASONS Foreman IFM 102.83 138.57 174.31 Foreman MFM 83.45 110.55 137.66 Journeyman - Welder/Fitter [Jim 93.19 124.37 155.54 Journeyman MJM 78.44 103.04 127.65 Industrial Welder IIW 99.28 133.50 167.72 F&T Machine Operator MTO 78.86 103.67 12BAS Apprentice- Fifth Year IA6 73.60 98.69 - 123.79 Apprentice - 8th 6 Mos. (9D%) MA8 73.62 95.66 117.81 SHORTLINE (LOCAL 250) LABORERS - Foreman SFM 102.28 141.61 177.91 Operator General Foreman LOG 97.32 134.22 171.31 Journeyman (Welder/Fitter) SJM 95.59 131.50 164.80 Operator Foreman LOF 93.81 129.02 164.41 Welder Helper SWH 58.62 7920 27.28 General Foreman LGF 79.16 106.72 134.40 Foreman LFM T7.44. 104.15 130.98 UTAITY Group 1 - General LGI 69.88 92.87 115.97 Operator Foreman UOF 93.39 129.50 165.60 Group 2 - Wrapper To 6" LG2 70.82 94.28 117.85 Foreman UFM 75.80 103.10 130.41 Group 3-PTO/Wrapper 6' LG3 71.77 95.69 119.72 Welder UWD 74.D9 100.55 127.00 Group 4-Pipe layer, C&S LG4 74.43 99.66 125.01 Journeyman/Fuser UJM 63.02 84.35 105.69- Group 5 - Blaster LG5 75.04 100.56 126.21 Pipe Tradesmen II UP2 49.01 63.52 78.03 Apprentice -Sth Period (85%) LAB 56.93 78.67 100.48 ELECTRICIANS / INSIDE WIREMEN (Rates subject to project location & employee base Iocali TEAMSTERS - General Foreman EGF 1125i 155.17 197.62 Operator General Foreman TOG 103.84 141.61 179.39 Foreman EFM 104.65 143.37 182.10 Operator Foreman TOF 100.51 130.61 172.71 Journeyman EJM. 96.79 131.58 166.37 General Foreman TGF 76.57 103.71 128.85 Apprentice -101h Period (05%) EAO 84.32 113.89 143.46 Foreman TFM 76.90 101.21 125.51 Group 2-2 Axle TG2 73.82 96.58 119.34 PROJECTMAMAGEMENT Group 3 - 3 Axle TG3 74.03 96.90 119.77 Project Manager MPM 111.65 152.73 197.24 Group 6- Working Truck Driver TG5 74.40 97.46 120.51 Superintendent MSP 114.19 153.59 198.37 Group 6-4 or More Axle TGB 74.45 97.53 120.61 Project Engineer MPE 77.75 113.79 149.83 Group 9-Lo-Bed TG9 75.62 99.28 122,94 Safety Director SAD 109.73 149,23 193.88 Group 12 - INTO BoomTrk Can TBT 77.67 102.36 127.64 Safety Supervisor SAS 97.65 133.09 171.66 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to Journeyman full scale rates. Billing rate forApprentice will be based on actual classification. Subsistence: a95.00/day Travel Time: Customerwlll be advised if travel time Is applicable Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Saturday Is time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers, Laborers, Teamsters, Cement Masons, Electricians - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday Is time and one half; all additional houre at double time Including holidays. Emergency "call out work" - Four (4) hour minimum for labor and equipment. - Markup: Material, subcontractors, subsistence, and outside rentals (Including fuel costs), will be billed cost plus sales tax where applicable, plus mark-up of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Venture, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rose Island, Anecapa Island, Including the Channel Islands Monument. Rate Scale does not Include San Diego County. NOTE: Wage scales are in accordance with Associated General Contractors Master Labor Agreement, and are subject to change without notice. This rate sheet is not all inclusive; additional classifications available B required. (v2.0) CA C.L. 273024 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 DOTY BROS. Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2012 TO JUNE 30, 2013 BACK HOES ID# Hourly Rate AUGER #1189 $ 20.00 Accessory- COMPACTION WHEEL EXECAVATOR #1181 $ 40.00 Accessary -COMPACT WHEEL F/CASEJD #1179 $ 20.00 Accessory- HYDRAULIC BREAKER / CASE & JD #1183 $ 50.00 Accessory -VIBRATORY PLATE #1535 $ 40.00 CC-135A ROCK WHEEL - #1313 $ 75.00 CASE 580MD 310 $ 40.82 CASE 590 $ 42.82 CAT 300-TRACK MOUNTED #4055 $114.38 CAT 345-TRACK MOUNTED #4072 $ 144.38 HITACHI ZX20 EXCAVATOR - WHEELED #4188 $98.13 CAT 416 #4147 $ 38.82 JD 710 $ 46.82 TRENCHER -VERMEER T758-RIDE ON #4218 $ 145.00 ARROW (HYDRO HAMMER)/STOMPER $ 44.50 SHEEPS FOOT -Tow Behind (Vibrating) #1169 $ 16.50 WACKER TAMPER #1860 $ 23.50 PADFOOT COMPACTOR 66' #1501 $ 32.94 COMPRESSORS W190 LB. BREAKER, CLAY SPADE & TAMPER COMPRESSOR 125-185 CFM $ 21.50 COMPRESSOR -AIR, PORTABLE - (PER DAY RATE) #1808 $ 106.00 CRANES BOOM TRUCK - 8 TON #3647 $ 35.63 BOOM TRUCK - 10-11 TON - $ 50.63 BOOM TRUCK - 14 TON $ 64.63 BOOM TRUCK 23-25 TON #3308 $ 59.63 CRANE - RT 115-18 TON (or equivalent) $ 61.63 DOZERS I SIDEBOOMS DOZER JD 450 #5078 $ 44.69 SIDEBOOM CAT D-6 $ 58.69 SIDEBOOM CAT D-7. #50G3 $ 67.69 SIDEBOOM CAT 561 #5045 $ 64.69 SIDEBOOM CAT 572 #5067 $ 79.69 SIDEBOOM JD 450 $ 42.69 FORKLIFTS FORKLIFT-HYSTER 20,000 LB #1203 $ 35.82 FORKLIFT- LION 6,000 LB #1204 $ 23.82 LOADERS MINI SKID STEER - DITCH WITCH #1275 $ 27.82 LOADER -BOBCAT W/BUCKET #1184B $ 27.82 LOADER -BOBCAT W/SWEEPER #1184S $ 37.82 LOADER -BOBCAT W/GRINDER #1184G $ 57.82 RUBBER TIRE LOADER -544 JD #5086 $ 47.63 RUBBER TIRE LOADER -644 JD #5511 $ 58.75 RUBBER TIRE LOADER -930 CAT 05089 $ 49.63 RUBBER TIRE LOADER -950 CAT #5DS7 $ 60.63 RUBBER TIRE LOADER-950EIF CAT #5099 $ 71.63 RUBBER TIRE LOADER- 966 CAT #5070 $ 66.63 SKIPLOADER - CASE 580/ MF 40E/F445 $ 32.82 ROAD EQUIPMENT - ID# Hourly Rate CABLE DOLLY- ONE REEL (Treilor Mounted) $ 1200. CABLE DOLLY- THREE REEL(Trailor Mounted) $ 25.00 FLASHING ARROWBOARD - (4 HR. MIN.) $ 17.00 GRADER -CAT 140 #R7791 $ 83.63 GRINDER/COLD PLANER (BITELLI)-(4HR.MINJ #1187 $232.00 ROLLER - (RIDE ON) $ 29.50 ROLLER (WALK BEHIND) -1 TON VIBRATOR $ 23.50 ROLLER TRAILER - $ 12.00 STREET SWEEPER (4 HFL MIN.) #3319 $ 43.13 TILT TRAILER #6366 $ 12.00 TRENCHERTRAILER 96481 $ 12.00 UTILITY TRAILER #6452 $ 12.00 ZIPPER PAVEMENT GRINDER (PER DAY RATE) #1800 $ 375.00 ASPHALT PAVER- LEE BOY 1000D #1196 $ 115.63 CEMENT SAW - WALK BEHIND #1938 $ 33.50 WATER WAGON (PER DAY RATE) Ii $ 40.00 TRUCKS 2.3 TON LOBE TRUCK #3450 $ 17.38 5 Yard (Flat bed or Bobtail) Dump / 23 Ton Utility Truck $ 24.63 BACK HOE MOVER TRUCK $ 21.63 CEMENT TRUCK w/ mixer and compressor #3338 $ 55.63 DUMP TRUCK 10 WHEELER $ 32.63 EQUIPMENTTRAILER-20,000 LB $ 14.00 EQUIPMENT TRAILER -40,000 LB $ 16.00 FLAT BED with LIFT #3693 $ 23.63 FLAT BED with MIXER/DUMP #3392 $ 55.63 LOWBED TRAILER w/bract6t& move permit fees #3456 $ 46.63 LOWSIDE END DUMP TRAILER W/TRACTOR #3418 $ 43.63 PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED $ - 16.38 PICK-UP - RENTAL NUMBER R7700 $ 16.38 SERVICE TRUCK-10 TON - (Incl. Compressor, Gen, &Tools) $ 32.63 SERVICE TRUCK - MISC TOOLS NOT INCLUDED $ 18.38 SERVICE VAN - MISC TOOLS NOT INCLUDED It 16.38 TEST PUMP TRUCK #3401 $ 80.63 TEST TRAILER (Hyprostatio) (#6549 & 6674) $ 32.00 UTILITY VEHICLE (NON-HWY) $ 23.38 VACUUM TRUCK -'SOFT DIG #3908 $ 39.13 WATER TRUCK -(1;500-2,000 GALS.) $ 35.63 WATER TRUCK - (3,500 GALS.) #3464 $ 40.63 WINCH TRUCK #3395 $ 30.63 MISCELLANEOUS SOARING MACHINE HYDRAULIC #1621 $ 25.00 BORE MACHINE TRAILER #6447 $ 10.00 TAP MACHINE (Water lines W to 12') (Per inch I per day) 028 $ 30.00 TAP MACHINE (Water lines up to 2') (Per inch / Per day) #820 $ 20.00. WELDERS 20D AMF-TRUCK MOUNTED It 29.88 200 AMF, SKID MOUNTED or TRAILER $ 16.88 WELDER- RIG RENTAL NUMBER R7704 It 29.88 CUTTING TORCH (ACETYLENE) #926 $ 18.00 FABRICATION SHOP & EQUIPMENT #101 $ 90.00 Po%1WP 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lie. 273024 DOTY S®. Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2012 TO JUNE 30, 2013 MISCELLANEOUS ID# Deily Rate MISCELLANEOUS ID# all Rat® ADDITIONAL (1) TORQUE HEAD FOR HYDRAULIC TORQUE WRENCH 9W91 $- 50.00 PIPE PUSHER I GRUNDORAM- HERCULE #1939 $ 600.00 AIR HOSE 3/4"X 50y #870 $ 8.00 PIPE TONGS (4", 6", &'.1CY%12', 1U', 18", 20") #1936 $ 50.00 AIR SAW #857 $ 50.00 PIPE ROLLERS (FOR 2' TO 36' PIPE) #899 $ 24.00 AIR TAMPER #859 $ 35.00 PIPE STANDS (FOR W TO 12" PIPE) #9DO $ 5.00 ASPHALT SPREADER BAR #1193 $ 125.00 PIPESKIDS (4"XV'X4'LUMBER) #898 $ 1.00 BARRICADES - #880 $ 2.50 PIPE WRAPPING MACHINE -HAND HELD-ACCUWRAP II 3"­(r" WIDTH #1930 $ 25.00 BEVELING BAND 14"-20" #833 $ 75.00 PLASMA CUTTER - PORTABLE #888 $ 160.00 BEVELING BAND 24'42' #834 $ 100.00 PLYWOOD 1/3 REPLACEMENT COST #SW $ 3.00 BEVELING BAND 4"-1 Z' #832 $ 50.00 PNEUMATICIHYDRAU TORQUE WRENCH #3090 $ 150.00 BEVELING MACHINE 14"-2o' #830 $ 75.00 PORTABLE BAND SAW #860 $ 35.00 BEVELING MACHINE 24"-42" #831 $ 100.00 POWER THREADER #853 $ 85.00 BEVELING MACHINE 4"-12' #829 $ 42.50 PRESSURE WASHER TRAILER MOUNT. #6941 $ 160.00 BORING MACHINE - CASE HYDRA #1092 $ 160.00 PUMP- SKID MOUNT BENTON17E #1166 $ 107.00 BORE MOTOR #854 $ 10.00 PUMP -SUBMERSIBLE #861 $ 27.00 BORING MACHINE 1-1I2" & 1 3/4" (Amu -punch) #1178 $ 15.00 RIGID ROLL GROOVER (9873 & #856) $ 30.00 BORING MACHINE 4"-W (Amu -punch) _ #1520 $ 25.00 RIVET BUSTER I RIPPING GUN -#869 $ 50.00 BORING MACHINE 3-1/2" (Accu-punch)- #1177 $ 20.00 ROCK DRILL (Plus Steel) #865 $ 35.00 BUFFER &GRINDER #836 $ 25.00 ROCK SEPARATOR -GRIZZLY #1811 $ 85.00 BUILDER LEVEL -AC-2X NIKON #845 $ 25.00 ROTARY HAMMER . (Plus Steel) #852 $ 50.D0 CEMENT MIXER $ 43.00 SANDBLASTER- UNIT(YAth amessories) #1175 $ 125.00 CHAIN LINK FENCE PANELS #846 $ 3.00 SAWZALL #874 $ 15.00 CHAIN SAW 16" (INCLUDES BLADES) #850 $ 50.00 SCISSOR LIFT -TEREX #1285 $ 115.00 CHIPPING GUN (Plus Steel) #868 $ 35.00 SHORING LUMBER 3"X'12"X14' (113 REPLACEMENT COST) #895 $ 3.00 CLAY SPADE (Plus Steel) #866 $ 35.00 SHORING LUMBER B"X 8"X B' It13 REPLACEMENT COST) #896 $ 3.00 CLEANING BALL #890 $ 10.01) SKILL SAW (INCLUDES BLADES) #835 $ 20.00 COM-A-LONG/CHAIN #886 $ 15.00 TAP MACHINE- T.D. WILLIAMSON(UP TO 3') #827 $ 100.00 CONCRETE FINSHER #1823 $ 125.00 TAR POT #862 $ 50.00 CONCRETE VIBRATOR #891 $ 40.00 TEST PLUG #892 $ 10.00 CONSTRUCTION SIGNS #882 $ 4.00 TEST PUMP 2DO LB.4DO LB. SPRAGUE 91815 $ 125.00 CROSSING PLATES #878 $ 6.25 TEST PUMP 5,000 LB. TRAILER MOUNTED #6818 $ 187.00 CUTOFF/CHOPSAW (INCLUDES BLADES) #810 $ 53.00 TEST PUMP High Pressure 41940 $ 125.00 DEADWEIGHT TESTER $ 60.00 TEST PUMP Portable 200I16 (#816&#817) $ 80.00 DELINEATORS #879 $ 2.50 TESTING TABLE #1834 $ 60.00 DRILL MOTOR 10 #811 $ 20.00 TORQUE WRENCH -HAND -3/4" DRIVE 0.600# Ibs #3092 $ 4.00 DRILL MOTOR 3I4" #812 $ 25.00 TRAFFIC CONES #881 $ 2.60 DRY ROD OVEN - PORTABLE #013 $ 25.00 -TRAILER-JOBSITE STORAGE (MOBILE) #6194 $ 20.00 DUCT ROD #855 $ 30.00 TRANSIT - THEOLITE 4845C $ 35A0 EMULSION POT SPRAYER $ 60.00 TRENCH BOX -6'X 10' #1910 $ 200,00 FLOODLIGHT TRLALER (MERCURY VAPOR LIGHTS) - $ 125.00 TRENCH BOX-4'X 10' #1909 $ 130,00 FLOW LINER #841 $ 25,00 TRENCH JACK (SCREW) #877 $ 4.00 FUSION MACHINE 14' Maoelroy #3096 $ 50.OD TRENCH JACK (HYDRAULIC) #B76 $ 20.00 FUSION MACHINE 4-12'Macelroy #3095 $200.00 TRENCHER -VERMEER-WALK BEHIND #1160 $ 125.00 GENERATOR (3.5-5KW) #1807 $ 63.00 TRI-VISE #884 $ 25.00 GENERATOR (75 KW) #6280 $ 75.00 VIBRATOR PLATE $ 91.00 HEAT TRACER #814 $ 25.00 WALKIE TALKIES (SET OF 2) #893 $ 25.00 HEATER - #815 $ 25.00 WATERHOSE 11/2"X59 #871 $ 6.00 HOLIDAY DETECTOR #838 $ 25.00 WATERHOSE 212"X60' #872 $ 7.50 HYDRAULIC STAR CUTTER #889 $ 100.00 WATER PUMP 2" Portable #1831 $ 53.00 IMPACTGUNI" 9819 $ 25.OD WATER PUMP 3" Portable #1832. $- 80.00 IMPACT GUN 1/2' #821 $ 15.00 WEEDEATER #116 $ 50.00 IMPACT GUN 314" #822 $ 20.00 WELDING SHIELDS (6' X Illy FRAME) #901 $ 5.00 IMPACTWRENCH V #664 $ 35.00 WETIDRYVACUUM #46so"I $ 10.00 LADDER #875 $ 10oo WHALERS HYDRAULIC 91894 $ 300.00 LASER LEVEL #845B $ 75,00 WINCH 10 TON (GRUNDO) #6042 $ 300.00 LEAF BLOWER #824 $ 25.00 SAFETY AND HAZMAT EQUIPMENT Deily Rate LIGHT STAND #849 $ 15.00 4 WAY GAS MONITOR #921 $ 25.00 MANHOLE BLOWER WITH HOSE 8" #840 $ 43.00 MULTI -GAS DETECTOR / PID #914 $ 105.00 MANHOLE BLOWER WITH HOSE IZ' $ 55.00 SUPPLIED AIR RESPERATOR KIT #922 $ 125.00 PAVEMENT BREAKER/JACKHAMMER #867 $ 35.00 ESCAPE AIR PACK #918 $ 25.00 PIPE BENDER S"GREENLEE #1885 $ 100.00 H28 MONITOR #920 $ 15.00 PIPE BENDER 2"GREENLEE #1 sm $100.00 HAZMAT SUIT -TYVEK #912 $ 8.00 PIPE BENDER MACHINE 6-2T (Plus shoss#relght per day) #1082 $400.00 HAZMAT TRAILER #6648 $ 20.00 PIPE BENDER SHOES 11082 BENDER #1190 $1165.00 WEEKLY RESPERATOR APR.- HALFIFULL MASK (CARTRIDGE INCL.) #911 $ 5.00 PIPE CUTTER- RIDGID SOIL #885 $ '15.00 SCBA- SELF CONTAINED #916 $ 55.00 PIPE CUTTER LINEUP CLAMP 16"36" #839 $ 50.00 - SCBA CYLINDER - EXTRA 0917 $ 35.00 PIPE CUTTER LINEUP CLAMP 8"-14" #851 $ 25.0D TRIPOD WITH WINCH #913 $ 100.00 PIPE LOCATOR #843 $ 25.00 P.F.D.- PERSONAL FLOTATION DEVICE #923 $ 5.00 PIPE LOCATOR - METROTECH #1935 $ 40.00 FULL BODY HARNESS #924 $ 5.00 PW 2 a2 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024