The URL can be used to link to this page

Resolution No. 2011-179RESOLUTION NO. 2011-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE BID OF VALVERDE CONSTRUCTION, INC. AND APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND VALVERDE CONSTRUCTION, INC. 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 5, 2011, the Director of Community Services & Water has recommended that the City accept the bid of Valverde Construction, Inc. ("Valverde") and enter into a services agreement with Valverde setting forth the terms and conditions under which Valverde 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 Valverde Construction, Inc., 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: Valverde Construction, Inc. Attention: Christopher J. Valverde, Vice President 10918 Shoemaker Avenue Santa Fe Springs, CA 90670 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 Ofd [)rArv, J T*& Name Title: / 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. 2011-179, 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 Jm v� day of November, 2011, at Vernon, California. (SEAL) *- Ana Barcia, Deputy City Clerk -3_ EXHIBIT A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND VALVERDE CONSTRUCTION, INC. 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 Valverde Construction. Inc. Christopher J. Valverde, Vice President Valverde Construction, Inc. 10918 Shoemaker Avenue Santa Fe Springs, CA 90670 Attn: ChristopherJ. Valverde, Vice President Phone: (562) 906-1826 Facsimile: (562) 906-1918 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 VALVERDE CONSTRUCTION, INC. 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 Valverde Construction, Inc., 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 qualified to perform such Services. Section 7. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permitsand certificates required by law for the provision of services under this Agreement, including a business license. Section B. 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 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. (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 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 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 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 workers compensation insurance as required by law. (d) 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 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 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. (j) 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 for waiver 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. By 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 Waoe 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 -tor -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. 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, 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 shall be 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. 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 parry 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. 01 Section 38. Severability. Whenever possible, each provision of this Agreement shall be interpreted 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 in the introductory clause. City of Vernon, a California charter City and California municipal corporation 0 HILARIO GONZALES Mayor ATTEST: WILLARD G. YAMAGUCHI, City Clerk APPROVED AS TO FORM: MICHAEL B. MONTGOMERY, Interim City Attorney Valverde Construction, Inc., a California corporation a� By: V . Name: chrictnnn er_.T_ ValvnrAu Title: Vice President By: wtiw Name: Akron Valverde Title: Secretary 12 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 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 the proposal, a copy of which is 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: t. 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. Premium for eight -hour response time is zero. 6. Premium for two-hour response time is zero. 7. The minimum number of hours charged for labor is 2. S. The minimum number of hours charged for equipment is 2. 9. A detailed cost schedule is attached herewith. PRICE PROPOSAL TO: Samuel Kevin Wilson, P.E. Director of Community Services and Water City of Vernon Department of Community Service 4305 Santa Fe. Avenue Vernon, California 90658 FROM: Valverde Construction, Inc. 1.LABOR Hourly Rate Hourly Regular Time Overtime Rate Superintendent $ 80.00 $ 103.50 Foreman $ 72.00 $ 93.50 Operator $ 78.50 $ 101.50 Teamster $ 64.00 $ 80.50 Laborer $`57.50 $ 73.00 Welder N/A N/A Hourly/Rate 2. EQUIPMENT Backhoe $ 46.00 Loader $ 56.00 Bobtail Dump Truck $ 42.00 Super 10 Dump Truck $ N-A 10 Wheeler Dump Trunk $ 55.00 Dump Truck and Pup $ N-A Water Truck $ 41.00 Flatbed Truck $ 25.00 Crew Truck w/small tools $ 20.00 Pick Up Truck $ 16.00 Compactor "Wacker" $ 4.00 Air Compressor $ 15.60 Concrete Saw $ 25.00 Welder Truck $ 27.00 3. MATERIALS Suppliers Invoice Price (cost) shall be provided by Contractor. 4. SUBCONTRACTED SERVICES Suppliers Invoice Price (cost) shall be provided by Contractor. 5. OVERHEAD & PROFIT To be added to Contractor's verified invoice amount: 20% on labor, 15% on equipment and materials, and 5% on sub -contractors. 6. MINIMUM HOURS CHARGED There is a two hour minimum charge on all call outs. to staff only) 244-4705 Ahron The Undersigned certifies that the foregoing prices will be maintained throughout the contract period.. Signed: , n Christopher JJ..�Va erde,Viceicee President 8-t--[I Date VALVERDE CONSTRUCTION, INC. General Engineering Contractors License No. 276469 10918 SHOEMAKER AVENUE SANTA FE SPRINGS, CA 90670 TEL (562) 906-1826 — FAX (562) 906-1918 August 1, 2011 Samuel Kevin Wilson, P.E. Director of Community Services and Water City of Vernon Department of Community Service 4305 Santa Fe Avenue Vernon, California 90058 Reference: RFP — Emergency Water and Public Work Repairs Dear Sir, Valverde Construction would like to point out some explanations to our price proposal.: 1) While we gave a Superintendent price, Valverde construction does not charge for one when performing emergency work. The Superintendent does show up and set the crew, but he is at no cost to the city unless he is actually taking the place of the crew foreman. 2) Valverde Construction does not employ pipefitters. Any work required on the municipal water system will be performed by laborers or welders (who are signatory to the pipefitters). 3) Valverde subcontracts any welding work. 4) Valverde hires owner operators for any Super 10 dump trucks and any dump trucks with trailer requirements. However Valverde does own 10 wheel dump trucks. 5) Valverde overhead and profit are 20% on labor, 15% on equipment and 5% on subcontracts. . If you have any questions, please contact me. Christopher J. Valverde 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: City 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 OrderI ............................................. $ Amount of Previous Chan e Orders I ............................. . ........... $ Total Change OrdersI ..................................................... Isi Modified Contract Amount ................................... I ......... 1 $ By reason of this change order the time of completion will be adjusted as follows: Approved: Date: Director of Community Services & Water Attest: I 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 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: c: Project File/Contractor/Purchming Rev. 03/10 EXHIBIT D EXHIBIT D REQUEST FOR PROPOSAL o Ir T - e, oe COMMUNITY. SERVICES & WATER DEPARTMENT Samuer'Kevin Wilson, Director of Community Services & Water 4305 Santa He -Avenue, Vernon, California 90058 Telephone (323) 583-8811- Pax(323).826-1435 City of Vernon - Request 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 projecUob schedule; and E?cclusive6y Industrial • Cost for repair work. PROPOSAL FORMAT The -proposal shalLinolude, at minimum, the following items: • Letter of Transmittal; • Executive Summary —Two (2)-page limit;. • Understanding 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 Rid1orms shall be placed in a separate sealed envelope. SCOPE OF WORK Typical repairs may include water main and valve leaks and breaks, sewer stoppages, storm drain stoppagesi 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 shall perform all labor, work, or other operations required for the fulfillment of the Agreement, including tools and equipment; in strict accordance wlith the provision deflned in this Request for Proposal, Green Hook standards, the American Water Works Association(AWWA) standards, the American Public Works Association (AP.WA) standards, and the current City of Vernon standards and details. The work shall also include the furnishing of all transportation and services, including fuel, electricity, water; safety equipment, and essential communications. CONSULTING SERVICES CONTRACT A sample of the City's Standard Professional Contracting Services A erg ement 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 Agreement, 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 of Vernon. 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 to carefully examine each item of the specification. All variances, exceptions, andlor 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 at the site only; mobilization/demobilization costs are to be included in the proposed rates. The City makes no guarantee of the total quantity of work to be provided. The City will notify the contractor of general. locations requiring repair and a general description of the field conditions at repair locations. Notification of properties whose service may be interrupted will be the responsibility of the City. Please -note that multiple Agreements may be arrrarded to ensure the City h=the services'neede&ID meet emergency repair requirements. CONTRACTORS RESPONSIBLTTIES 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 stone drain system from discharges of construction -related wastewater, including: saw cutting slurry, concrete washout, sediment -contaminated runoff, sewage overflows, or highly-ohlorinated discharges from water line testing. This will require the use of Best Management Practices (BMPs) such as providing sediment controls on downstream storm drain inlets, collecting and 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 at the expense of the contractor. WORK SCHEDULING 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 may request contractor to start work within forty eight (48Jhours or hi -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 PHYSICAL CONDITIONS The Cityshall 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. 'Lab -or: 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. &guioment: 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 replacement value of $500 or less. Regardless of ownership, the rates to be used in detennining equipment costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributers, at the time the emergency work is 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 proposat, 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 o-YND STFPPLIES The contractor will use materialsand 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 wi17'be..at the City's discretion. There will be no cost to the City for materials and supplies.used fromthe 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 atjob 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 °/u. 5. Premium for eight-liour response time is 6. Premium for two-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, material and supplies prior to payment. The City will pay for emergency work based on the accumulation of costs provided herein. DAMY REPORTS BY CONTRACTOR 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 cannovbe 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. 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. W ORKXY SUBCONTRACTOIL 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-up for al ckverbeadand profit for the contractor on emergency work done by -the, subcontractor. SUB]Yr MAL 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, 2011. Four (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 4305 Santa Fe Avenue Vernon, California 90058 On the outside of the 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" Proj ect Fees CONTACT PERSON The contact person is Scott Rigg who can be reached at (323) 583-8811, extension 279 Monday through Thursday between 7:00 A.M. and 5:30 P.M. OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 November 9, 2011 Valverde Construction, Inc. Attn: Christopher J. Valverde, Vice President 10918 Shoemaker Avenue Santa Fe Springs, CA 90670 RE: Services Agreement — Emergency Water and Public Works Repairs Dear Mr. Valverde: 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. 2011-179. If you have any questions, please contact S. Kevin Wilson at (323) 583-8811 extension 245. Thank you. Sinc rely, W LD(GtYGUC I City Clerk Enclosure WGY:dj c: S. Kevin Wilson Purchasing Department Resolution No. 2011-179 Agreement File No. 11-121 Excfusivefy Industrid SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND VALVERDE CONSTRUCTION, INC. 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 Valverde Construction, Inc. Christopher J. Valverde, Vice President Valverde Construction, Inc. 10918 Shoemaker Avenue Santa Fe Springs, CA 90670 Attn: Christopher J. Valverde, Vice President Phone: (562) 906-1826 Facsimile: (562) 906-1918 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 VALVERDE CONSTRUCTION, INC. 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 Valverde Construction, Inc., 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, 2 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 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. 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) Contractorpresently 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 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 anytime, 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. IH (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 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; 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 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 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 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 workers compensation insurance as required by law. (d) 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 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 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. (j) 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 for waiver 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. By 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 Wage 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. 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, 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 shall be 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. 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 Oblioated 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 be interpreted 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 in the introductory clause. City of Vernon, a California charter City and California municipal corporation g 1ttk William J. Davis, Mayor Pro-Tem ATTES WILL RD G. WAA V I, C Clerk AS TO FORM: Willard G. Yamaguchi, Chief Deputy City Attorney Valverde Construction, Inc., a California corpora M Name: Title: 0 Name: Ahron Valverde Title: Secretary 12 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 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 the proposal, a copy of which is 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. Premium for eight -hour response time is zero. 6. Premium for two-hour response time is zero. 7. The minimum number of hours charged for labor is 2. 8. The minimum number of hours charged for equipment is 2. 9. A detailed cost schedule is attached herewith. m PRICE PROPOSAL TO: Samuel Kevin Wilson, P.E. Director of Community Services and Water City of Vernon Department of Community Service 4305 Santa Fe..Avenue Vernon, California 90058 FROM: Valverde Construction, Inc. 1. LABOR Hourly Rate Hourly Regular Time Overtime Rate Superintendent $ 80.00 $ 103.50 Foreman $ 72.00 $ 93.50 Operator $ 78.50 $ 101.50 Teamster $ 64.00 $ 80.50 Laborer $ 57.50 $ 73.00 Welder N/A N/A Hourly/Rate 2. EQUIPMENT Backhoe $ 46.00 Loader $ 56.00 Bobtail Dump Truck $ 42.00 Super 10 Dump Truck $ N-A 10 Wheeler Dump Trunk $ 55.00 Dump Truck and Pup $ N-A Water Truck $ 41.00 Flatbed Truck $ 25.00 Crew Truck w/s'mall tools $ 20.00 Pick Up Truck $ 16.00 Compactor "Wacker" $ 4.00 Air Compressor $ 15.60 Concrete Saw $ 25.00 Welder Truck $ 27.00 in 3. MATERIALS Suppliers Invoice Price (cost) shall be provided by Contractor. 4. SUBCONTRACTED SERVICES Suppliers Invoice Price (cost) shall be provided by Contractor. 5. OVERHEAD & PROFIT To be added to Contractor's verified invoice amount: 20% on labor, 15% on equipment and materials, and 5% on sub -contractors. 6. MINIMUM HOURS CHARGED There is a two hour minimum charge on all call puts. to staff only) 244-4705 Ahron Valverde The Undersigned certifies that the foregoing prices will be maintained throughout the contract period.. Signed — V Cluistopher J. V erde. Vice President 8-�--tl Date VALVERDE CONSTRUCTION, INC. General Engineering Cont,ncto,s License No. 276469 10918 SHOEMAKER AVENUE SANTA FE SPRINGS, CA 90670 TEL (562) 906-1826 - FAX (562) 906-1918 August 1, 2011 Samuel Kevin Wilson, P.E. Director of Community Services and Water City of Vernon Department of Community Semite 4305 Santa Fe Avenue Vernon, California 90058 Reference: RFP — Emergency Water and Public Work Repairs Dear Sir, Valverde Construction would like to point out some explanations to our price proposal: 1) While we gave a Superintendent price, Valverde construction does not charge for one when performing emergency work. The Superintendent does show up and set the crew, but he is at no cost to the city unless he is actually taking the place of the crew foreman. 2) Valverde Construction does not employ pipefitters. Any work required on the municipal water system will be performed by laborers or welders (who are signatory to the pipefitters). 3) Valverde subcontracts any welding work. 4) Valverde hires owner operators for any Super 10 dump trucks and any durnp trucks with trailer requirements. However Valverde does own 10 wheel dump trucks. 5) Valverde overhead and profit are 20% on labor, 15% on equipment and 5% on subcontracts. . If you have any questions, please contact me. Christopher J. Valverde 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: P.O. NO. TO: REQUESTED BY: City of Vernon 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 OrderI ............................................. $ Amount of Previous Change Orders I ......................................... $ Total Change Orders I ..................................................... $ Modified Contract Amount .............. I ............................ 1 . $ By reason of this change order the time 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 hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Contractor: By: Title: c: Project File/Contractor/Purchasing Rev. 03/10 EXHIBIT D *c11:3Yi�7 REQUEST FOR PROPOSAL T Or COMMUNITY SERVICES & WATER DEPARTMENT SamuefKevin Wilson, Director of Community Services& Water 4305 Santa Fe -Avenue, Vernon, California 90058 Telephone (323)583-8811 Pax (323)826-1435 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 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/orjobs 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 rF_.xc usiveC IP2CCustryd • Cost for repair work. PROPOSAL FORNIAT The -proposal shalLinolude, at minimum, the following items. • Letter of Transmittal; • Executive Summary —Two (2}page limit;. • Understanding of.andapproach to, the project; Experience with similar projects completed in the past three years and related references; • Q'uali ficatioas-of the firm members and their commitment to the project; A detailed description of the Scope of Werlc • Estimate time to complete repair; and •- Sidforms shall be placed in a separate sealed envelope. SCOPE OF WORK Typical repairs may include water main and valve leaks and breaks, sewer stoppages, storm drain stoppagesi 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 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 deflned in this Request for Proposal, Green Book standards, the American Water Works Association: (AW WA) standards, the American Public Works Association (APWA) standards, and the current City of Vernon standards and details. The work shall also include the furnishing of all transportation and services, including fuel, electricity, water; safety equipment, and essential communications. CONSULTING 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 and conditions of the sample Agreement. If the Proposer takes exception to any provision of the attached sample Agreement, 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 of Vernon. 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 to carefully examine each item of the specification. All variances, exceptions andlor deviations shall be fullydescribed in.the appropriate section. Payment for work will be on a labor, materials and equipment basis. Payment will be based on time at the site. only; mobilization/demobilization costs are to be included in the proposed rates. The City makes no guarantee of the total quantity of work to be provided. The City will notify the contractor of general locations requiring repair and a general description of the field conditions at repair locations. Notification of properties whose service may be interrupted will be the responsibility of the City. Please. note that multiple Agreements may be a*arded to ensure the City hastlre services-neededto meet emergency repair requirements. CONTRACTORS RESPONSIBLITIES The contractor will be required to perform repairs to the City's water, sewer, storm drain, and street facilities, and wilt 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 OUALPPY PROTECTION AND STORIVfWATER QUALITY + The contractor shall take all necessary steps to protect the storm drain system from discharges of construction -related wastewater, including: saw cutting slurry, concrete washout, sediment -contaminated runoff, sewage overflows, or highly -chlorinated discharges from water line testing. 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 slung, 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 at the expense of the contractor. 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 may request contractor to -start work within. forty eight (48)- 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 contmctor will charge for those response times. UNDERGROUND UTILITIES AND PHYSICAL CONDITIONS The City shall hot 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, cut 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. Equipment: .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 replacement value of $500 or less. Regardless of ownership, the rates 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 work is 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 andprofit. 04A'TERIALS t ISM- 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 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 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 %. S. 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 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, material and supplies prior to payment. The City will pay for emergency work based on the accumulation of costs provided herein. DAILY REPORTS BY CONTRACTOR The contractor shall submit a daily report to the City representative on fors 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 byeach party to explain points which cannot -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. 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. W ORK 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-up for all-overheadand 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 P.M. on Tuesday, August 2, 2011. Four (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 4305 Santa Fe Avenue Vernon, California 90058 On the outside of the 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) 593-9911, extension 279 Monday through Thursday between 7:00 A.M. and 5:30 P.M. RECEIVED OCT 18 2011 CITY CLERK'S OFFICE STAFF REPORT RECEIVED OCT 12 2011 CITY ADP,4IP11STRATf0111 COMMUNITY SERVICES & WATER DEPARTMENT DATE: October 5, 2011 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilsoneirector of Community Services & Water RE: REQUEST TO APPROVE A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND VALVERDE CONSTRUCTION, INC. 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 Valverde Construction Company. The Agreement has been executed by Valverde Construction Company. 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 RECEIVTD �e �- oz OCT 18 2011 Y i CITY CLERKS OFFiCt COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mark Whitworth, City Administrator FROM: Samuel Kevin Wilson Director of Community Services and Water DATE: October 5, 2011 SUBJECT: REQUEST TO APPROVE A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND VALVERDE CONSTRUCTION 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 Attomey's office has prepared a Services Agreement between the City of Vernon and Valverde Construction, Inc. The Agreement has been executed by Valverde Construction, Inc. It is my recommendation that the subject Agreement be approved at the November 1, 2011 City Council meeting and be made effective November 1, 201 1.Thank you. SKW/sr Enclosures F\Svm\SmWy Docu�ne .y Waz &Sc RqV&l H.\FR .y S.v & Public Woks Cdy An ,d. OP ID: KU CERTIFICATE OF LIABILITY INSURANCE DA 10/04DIYYYYJ 10I04/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER 714-327-1400 Andreini & Company -South Coast 714-327-1499 License 0208825 One MacArthur Place, Suite 100 South Coast Metro, CA 92707 CONTNAMACT PHONE FAX e, E-MAIL SS PRODUCERCUSTOMER ,,.VALVE-1 INSURERIS) AFFORDING COVERAGE NAIL N INSURED Valverde Construction, Inc. 10918ShoemakerAvenue Santa Fe Springs, CA 90670 INSURER A: Travelers Property Casualty 36161 INSURER B:Seabri ht Insurance Company 15563 INSURER c: Liberty Surplus Insurance Corp10725 INSURER D: INSURER E at COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR rypE OFINSURANCE ADDL SUB POLICY EFF POLICY E%P LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X X DTEL05192M234TIL10 08101110 08101111 EACH OCCURRENCE $ 1,000,00 REM E R NT D PREMISES Ea occurrence S 300,00 MED EXP (Anyone Person) $ Exclude PERSONAL &ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE POLICY LIMIT APPLIES PER: X P'. LOC PRODUCTS - COMPIOP AGG $ 2,000,00 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTO$ DT8105192M234TCT10 08101/10 08/01111 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per Person) $ X X X X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE DTSMCUP5192M234TIL10 0e101110 09101111 EACH OCCURRENCE $ 4,000,00 AGGREGATE $ 4,000,00 DEDUCTIBLE RETENTION $ $ B WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY �ICEWMEMBER EXCLUDED'+CUTIVE V/❑N (Mandatory In NH) If yes descdhe under DESCRIPTION OF OPERATIONS o W NIA X BB1100213 01/01110 01101111 X WCSTATU. OTH- ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE -EA EMPLOYEE $ 1,000,00 E.L.DISEASE-POLICYLIMIT $ 1,000,00 C Pollution 08101/10 08101111 Gen Agg 1,000,00 �.Q4 tQ mUBESF103491110 SDESCRIPTION EE ATTACHED HOLDER NOTE$IVEHICLES (Attach ACORD 101, Additional Remarks Schedule, Ifore space is required) Re: Emergency Water and Public Works Repair VERVER1 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V 19a3-2UU9 ACUKU GUKPUKAI IUN. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD POLICYNUMBER: DTECO5192M234TIL11 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section llj is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section Ill — Limits Of Insurance. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard". 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: b) The insurance provided to the additional in- a) sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: I. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: I. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and III. The nature and location of any injury or damage arising out of the "occurrence" or offense. CG D2 48 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY f ' b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate With us in the...' investigation or.settlemeni of . the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of"other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and 'property damage" oc- curs and the 'personal injury" is caused by an offense committed: a. After the signing and -execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. 316900 Page 2 of 2. 0 2005 The St. Paul Travelers Companies, Inc. CG D2 48 08 05 POLICYNUMBER: DTEC05192M234TIL11 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CONTRACTORS XTEN® ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A.-H. and J.-N. of this endorsement broaden coverage, and provision f. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Extension of Coverage — Damage To Premises Rented To You ° Perils of fire, explosion, lightning, smoke, water ° Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage — Bodily Injury G. Contractual Liability— Railroads PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited -liability compan-y,-of—which yau-maiatafn__.. ownership or in which you maintain the major- ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. H. Additional Insured — State or Political Subdivisions I. Other Insurance Condition J. Increased Supplementary Payments ° Cost of bail bonds increased to $2,500 ° Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury —Assumed by Contract N. Blanket Additional Insured —Lessor of Leased Equipment 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section III Limits Of i Insurance. CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting; or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section 111) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000;or b—The-amount--sh own-o n-the-Deel arations-- for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract" (DEFINITIONS - Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract"; 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed, D. BLANKET ADDITIONAL INSURED - MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are-less,.- 2. _ The insurance afforded to the additional in- sured does not apply to: a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury".caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured, 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 016801 COMMERCIAL GENERAL LIABILITY "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non-contributory with, such "other insurance". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is.added to paragraph 1. Insur- ing Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section 1— Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence": a. Medical, surgical, dental, laboratory, x-ray or nursing service, advice or instruction, or the related furnishing of food or bever- ages; together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence". S. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "Other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits .of Insurance shown on the Declara- tions of this Coverage Part. F. EXTENSION OF COVERAGE — BODILY IN- JURY b. The furnishing or dispensing of drugs or The definition of "bodily injury" (DEFINITIONS — medical, dental, or surgical supplies or Section V) is deleted and replaced by the follow - appliances; ing: G. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan ser- vices" are those medical services ren. dered or provided in an emergency and for which no remuneration is demanded or received, 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section 11) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any "employees! rendering - "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL. ITY (Section I — Coverages): (This insurance does not apply to:) "Bodily in- jury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals com- mitted by or with the knowledge or'consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission "Bodily injury" means bodily injury, mental an- guish, mental injury; shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY— RAILROADS 1. Paragraph c, of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Paragraph L(1) of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted. H. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS WHO IS AN INSURED (Section 11) is amended to include as an insured any state or political subdi- vision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for the state (, or political subdivision; or CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- cluded in the "products -completed opera- tions hazard". I. OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV), -paragraph 4. (Other Insurance) is deleted and replaced by the fol- lowing: Page 4 of 6 "165D2 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary insurance This insurance is primary except when b. below applies. If this insur- ance is primary; our. obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builders Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by You to cover your liability as a tenant for "property damage" to Premises rented to you or tempo - redly occupied by you with per- mission of the owner; or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Properly Damage Li- ability; or insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and (2) The total of all deductible and self -insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance o r---none-o f-the-I o s s-remains-which - ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur. ance. B. The following definition is added to DEFINITIONS (Section V): "Other insurance": (5) That is available to the insured a. Means insurance, or the funding of losses, when the insured is an additional that Is provided by, through or on behalf of: Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 COMMERCIAL GENERAL LIABILITY (1) Another insurance company; (2) Us or any of our affiliated insurance com- panies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section III) or the Non cumulation of Per- sonal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSUR- ANCE (Section III) applies; (3) Any risk retention group; (4) Any self-insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk manage- ment method. b. Does not include umbrella insurance, or ex- cess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and i.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) are amended as follows: 1. In paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim..or_Suit):. Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. 2. Notice of an "occurrence" or of an offense , which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occur- rence" or offense may involve this policy. 3: This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, re- lease or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. How- ever, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. M. PERSONAL INJURY — ASSUMED BY CON- TRACT 1. The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are.deemed to be damages because of "per- sonal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been as- CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B (Section I — Coverages) is deleted and replaced by the following: d. The allegations in the "suit' and the in- formation we know about the "occur- rence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the in- demnitee; 3. The third sentence of Paragraph 2 of SUP- PLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily In- jury And Property Damage Liability, or the provisions of Paragraph 2.e.(1) of Section I — Coverage B — Personal Injury, Advertising In- jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for "bodily injury" and "property damage", or damages for "personal injury", and will not re- duce the limits of insurance. 4. This provision M. does not apply if coverage for 'personal injury" liability is excluded by endorsement. N. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to their li- ability for "bodily injury", "property damage", "per- sonal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to. provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense which is committed, afterthe equipment lease expires. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non-contributory with, such 'other insurance". Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 018503 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be * % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. *The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/11 Policy No. BB1110213 Endorsement No. 9 Insured Valverde Construction Inc Policy Effective Date 01/01/11 Insurance Company SeaBright Insurance Company / l Countersigned By WC 04 03 06 (Ed. 4-84) 01998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. Juarez, Debbie From: Barcia, Ana Sent: Monday, November 07, 2011 8:16 AM To: Juarez, Debbie Subject: RE: Valverde Construction, Inc. - Insurance Verificaiton Res. No. 2011-179 Current insurance on file. Ana Barcia City of Vernon T: 323) 583-8811 ex 286 F: 323) 826-1439 abarcia c&i.vernon.cams From: Juarez, Debbie Sent: Monday, November 07, 2011 7:57 AM To: Barcia, Ana Subject: Valverde Construction, Inc. - Insurance Verificaiton Res. No. 2011-179 Hi Ana. Please let me know if the above -referenced has valid insurance. Thank you. De6orafi Juarez ecordv Sllartagerrterat,4.ssista» t City of'Vernon - Oty Cferl�'s Office 430.5 Santa 'Fe Avenue T)er ion, Cj4 90058 (32.3) 58.3-8811 CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. I SUPPLEMENT NO. SHEET 1 OF 1 SHEETS PROJECT: Emergency Water and Public Works Repairs P.O. NO. TO: Valverde Construction, Inc. 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 Valverde Construction, Inc. 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 July 26, 2012, for labor and equipment rates. Valverde Construction, Inc., 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 OrdersI ......................................... $ Total Change Orders I ..................................................... $ Modified Contract Amount ............................................. $ By reason of this change order the time of completion will be adjusted as follows: Approved: Date: unity Services & Water 1 M-M Attest: JDate: 19'd"."Ad(Mi ngN�ii ty"*CXl Dana Reed, Acting City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the pric shown above. Accepted a 1v Contractor: /�,1 Va)VUdt- �'^Shucfi0�t By: Title: V ea- Pre-%r4CA' 'I hn Ju i 3.vo-Ave�'ae_ c: Project File/Cont(actor/Purchasing Rev. 03/10 RECEIVED AUG 2 1 2012 CITY CLERK'S OFFICE 4`1i-121 STAFF REPORT COMMUNITY SERVICES & WATER DEP RECEIVED AUG 16 2012 CITY MINISTRATION ARTM A-6 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 VALVERDE CONSTRUCTION, INC. FOR EMERGENCY WATER AND PUBLIC WORKS REPAIRS The Department of Community Services and Water (Department) entered into an Agreement with Valverde Construction, Inc. (Valverde), effective November 1, 2011. The Agreement is set to expire November 1, 2012. Valverde has provided the Department with a cost proposal for fiscal year 2012-2013; dated April 19, 2012. In a detailed review of the cost proposal, it was determined that the labor rates have increased by an average of 3.83 percent from the 2011-2012 fiscal year; and the equipment rates have increased in the same period by 9.67 percent. Staff determined that the labor and equipment rate increase are reasonable based on market rates for this type of work. Moreover, 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 to make 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 Valverde Construction; Inc. for one-year, 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; Director of Community Services and Water DATE: August 15, 2012 SUBJECT: REQUEST TO EXTEND SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND VALVERDE CONSTRUCTION COMPANY FOR EMERGENCY WATER AND PUBLIC WORKS REPAIRS The Department of Community Services and Water (Department) entered into an Agreement with Valverde Construction, Inc. (Valverde), effective November 1, 2011. The Agreement is set to expire November 1, 2012. Valverde has provided the Department with a cost proposal for fiscal year 2012-2013; dated April 19, 2012. In a detailed review of the cost proposal, it was determined that the labor rates have increased by an average of 3.83 percent from the 2011-2012 fiscal year, and the equipment rates have increased in the same period by 9.67 percent. Stan determined that the labor and equipment rate increase are reasonable based on market rates for this type of work. Moreover, 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 to make emergency repairs in a timely fashion. The existing Services Agreement, under Section No. l(a), stipulates that the "City may renew this Agreement on a year-to-year basis at its discretion. 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 Valverde Construction, Inc. for one-year, be approved at the September 4, 2012 City Council meeting. The effective date will be November 1, 2012. Thank you. SKW/sr Enclosures F:lSca1\ScaAMY �mTjnaWq W"&Seftair\ ilvade\Emwgcm Saw& PublicWaW W12 W13.dw 1. Labor Superintendent Foreman Operator Teamster Laborer Welder Valverde Construction, Inc Price Propasal 2012 City of Vernon Hourly Rate N-A N-A Labor contracts renewed July 1, 2012. Does not include 20% Labor Markup in rates. 2. Equipment Hourly Rate CalTrans Backhoe $ 53.25 Loader' 119 $ 53.90 Bobtail Dump Truck r'AOb $ 51.72 Super 10 Dump Truck N-A 10 Wheeler Dump Truck PANTN $ 66.43 Dump Truck & Pup N-A Water Truck $ 48.11 Flatbed Truck 600 ` $ 16.35 Crew Truck w/tools $ 25.04 Pickup Truck0a8;; $ 19.98 Compactor "Wacker" 0 $ 3.74 Air Compressors $ 20.01 Concrete Saw r� $ 20.01 Welder Truck. i $ 30.70 Caltrans Rental Rate Guide April 1, 2012 - March 31, 2013 Does not include 15% Equipment Markup in rates. 7/26/2012 IQ h 0 00 00 II-W h 0 eqe� 06 �N�pp rH N HO aNDO H aD U K p p r� !1 yy W C V O O y 1� C$ F YI lV Oi r N H N 1399 rrr rrr err rrr rrr bop Hoyp� Hop Hop Hop N O V d Y 0 Nm W W M W W b � N N Yf O� N b W N N d b N M N- W 'n N N N U O M N N N O O M M W b W Na b e b o W o o ad 0 iom o m oco m m e o O mio ac 10 2 �J p H O AOUNY rON WNN TN 0 Vim' U fJ v N fi Ni 0 IV V N M V N N V! < xW F J = H N b H N N H b 00 N CS N o N o c;O N N o N 0.0 N N N O N o N o N O N o N O K m Y LL a Q N n 7 y� d N C p� ' LL 1111FIll m W m b W W T m m U y p y y p A W W N N N W p C O o C o d 0.0 N coo C OI o ONi O c LL O 666 ass p S O O Q O C O o 0 O 0 O 0 O o Co. O Coo Op coo H U f W cicm dm mmm a mm mmm = o 0 0 ci 0 o d d d odd C d o m g O O O O O O O O O N N N O O O c b W W b W W Yl N N b W 10 N N O N >a p ro 0 6 6 N N NA N NpN TNN WN 6 bM NW CN NbNOOpN Y N ..q `aim Ug a`mm wi�� m .Nwam H C F.j coo m W m 00 mmm O O rnn O O N bb N N W O nrr O O 9 1+1 00 W Q I+NR N A O W b N b N p W W N m A m W W N p y m y A N r N R N O b b d W b N V N H r Hop Hop Hop Hop H o p S w a N 6 i H C O H H Oo g (9w c b� 8F M Sig r� U I, °� p 6 W u° 0 o r m g W H w rw O = H H LL w W r �^ r LL p 0 00 k n Valverde Construction Inc. CALTRANS EQUIPMENT RATES April 1, 2012 - March 31, 2013 UNIT # EQUIPMENT DESCRIPTION E ui hftp:/twww.dot.ca.gov/hq/construcVequipmnt.html Rate F Apr-12 Class 3ment Codes Mfg Cade Page # ARROWBOARDSi ABOO14 WANCO SOLAR ARROWBOARD 3.20 PER HOUR TRAFA FLAS TM 31 AB0020 NATIONAL SIGNAL MESSAGE BOARD 8.78 PER HOUR TRAFA CMSN SOL1 31 BH BACKHOES BHOO19 CASE 590L BACKHOE 50.95 PER HOUR LDRRT CASE 1746 17 BH0024 CAT BACKHOE 446E 63.52 PER HOUR LDRRT CAT 1868E 17 BH0025 CAT BACKHOE 420D 46.57 PER HOUR LDRRT CAT 1861M 17 BH0026 CASE 590S BACKHOE 50.95 PER HOUR LDRRT CASE 1746 17 CIP ICOMPRESSORS CP0001 Com Air Q175 COMPRESSOR 20.01 PER HOUR AIRCP PORT 016-025 1 LD LOADERS �tf F w 't LD0008 JOHN DEERE 444H LOADER or 444E 53.90 PER HOUR LDRRT DEER 2521 18 LT LIGHT TOWERS; LT0001 ALLMAND NLPKFMXZ LIGHT TOWER 3.94 PER HOUR ELGEN LITE 2 LITE 6 LT0005 ALLMAND NL PRO 7.84 PER HOUR ELGEN LITE 4 LITE 6 PU PUMPS..Ali`'?,�"gtx,3'�"E's;'.'�aw., ` >} PU0002 GRIFFIN 6" TRASH PUMP 7,920 GPH w/Hoses 26.13 PER HOUR PUMWA APMP 050-125 22 P00003 WACKER PT3A 3" 2,400 GPH w/Hoses 5.24 PER HOUR PUMWA APMP 010-020 22 P00004 MULTIQUIP QP-40TH 4' 3,666 GPH 5.90 PER HOUR PUMWA APMP 020-030 22 P00005 GRIFFIN 8" DIESEL PUMP 12,000 GPH w/Hoses 30.50 PER HOUR PUMWA APMP 125-250 22 P00006 HYPRO 3/4" 521OC-R TEST PUMP 600 GPH w/H 3.29 PER HOUR PUMWA APMP 000-010 22 RO ROLLERSICOMPACTION WHEELS R00001 CATERPILLAR CB224C ROLLER 33.10 PER HOUR ROVIB CAT 8031 C 25 R00002 CATERPILLAR 214C ROLLER 29.26 PER HOUR ROVIB CAT 8025 25 " R00003 I/ R SD40FD COMPACTION WHEEL 53.89 PER HOUR ROVIB I - R 14138FB 26 TK ITRUCKS ir+;,i �.Rr�" M^ �,�a �.- '. Th`" er t aye RI'. TK5856 2007 Ford F-150 XCAB 19.98 PER HOUR TRUCK T & TT 00-06 34 TK2437 " 2008 Dodge Ram 2500 Re .Cab 25.04 PER HOUR TRUCK T & TT 06-12 34 TK3516 2008 Ford F-450 + welder + compressor 30.70 PER HOUR TRUCK T & TT 12-20 34 TKO014 89' FORD 5-6 YARD DUMP TRUCK 51.72 PER HOUR TRUON TRUN 2AXL 34 TKO015 97' FORD LT9513 10 WHL DUMP TRUCK 66.43 PER HOUR TRUON TRUN 3AXL 34 TK40 TRAILER 2 AXLE - 8 TIRE 16.351 PER HOUR TRAIL LB -A 200 32 " VP VIBRATOR PLATES rfi a y"' " VP0001 WACKER GAS vibrator late 3.74 PER HOUR OOMHG COMP 0-250 4 VP0002 WACKER GAS (Jumping jack 3.74 PER HOUR COMHG COMP 0-250 4 WT WATER TRUCKS WT0002 92' FORD 1800 GALLON WATER TRUCK 18,000Ib 30.70 PER HOUR TRUCK T & TT 12-20 34 MS MISCELLANEOUS MS0014 MECO 35HP CONCRETE SAW 16.59 PER HOUR SAWCO ABOP 33-45 28 MS0900 RIVET BUSTER 1.31 PER HOUR AIRTO ATOL 60 1 MS0901 DELINEATORS 0.22 PER DAY TRAFC 3DEL 100 32 MS0901A CONES 0.13 PER DAY/EA TRAFC 2TC B100 32 MS0902 POWDER PUFF 60lbs 0.93 PER HOUR AIRTO ATOL 40-60 1 MS0903 SIGNS 2.43 PER DAY TRAFC 6FSS EACH 32 MS0904 JACKHAMMER 90lbs 1.31 PER HOUR AIRTO ATOL 60 1 M80906 CLAY SPADE 0.93 PER HOUR AIRTO ATOL 40-60 1 MS0908A 4" TRASH PUMP w/25' suction & 50' dischar a 5.90 PER HOUR PUMWA APMP 020-030 22 MS0911 GENERATOR 6.5 KW 4.04 PER HOUR ELGEN GEN 003-008 6 M80914 2" TRASH PUMP 1260 GPH 3.29 PER HOUR PUMWA APMP 000-010 22 MS0919 CONFINED SPACE PACKAGE 0.46 PER HOUR WINCH EKRV L5606 Misc E MS0920 CHIPPING GUN 25 Ibs 0.73 PER HOUR AIRTO ATOL 20.30 1 MS0923 BARRICADE W/FLASHER LITE 0.42 1 PER DAY/EA TRAFC I 1 BAR Al 32 Vernon Price Bid 2012-13.xis CONSTRUCTION TEAMSTERS CLASSIFICATION AND WAGE RATES EF , CTIVE JULY 1, 2012 Health and Welfare ......................... $12.92 Pension .................................................... $5.0.0 % Vacation/Holiday .................................... $200 Supplemental ................................. ESE � -IL Vacation Adnvnistration ......................... $0.20 Training and Upgrading .......................... $0.92 ' IndustryFund .......................................... $0.08 Contract Adm. Fund "CAF .................... . $0.07 Apprentice Program Fund ................ $0.60 Contract Compliance Fund ............... $0.20 Total...................................................... Classifications: �+ r----------------- - Warehouseman and Teamster .Group-- $22.49 S 'elucles — 2 axles . ;army Equipmerit Permit Load — 3 axles Bootman G.emel t-MpsonDistribution Truok FU4,TiM0kdriver 'Water Truck — 2 axles Dump "Trek of less than 16 yards water level Lrosi'on oenter-Driver 'Te a rn surs _ 1 .9. V 19 .44 GroupIV-------°---- ----- --- ------------------- --------------------------- -------- - ----------- $27.76 Driver of Transit Mix Truck — Under 3 yards Dumperete Truck less than 6 %g yards water level GroupV----------- ------------------------------------- ------------------------------- — --------- $27.79 Water Truck — 3 or more axles Warehouseman Clerk Working Truck Driver Truck Greaser and Tireman ($.50 additional for tireman) Pipeline and Utility Working Truck Driver, including Winch Truck and lorry Truck -river 2©l rJL TEAMSTERS, ERS, CHAUFFEURS :-TAREHOUSEME , o INDUSTRIAL & AULIED ORK ERR OF AMERICA LOCAL UNTION No. 166 � E 0. BOX 899 18597 VALLEY B0U1;EVt1RI1 4.BLOOMINGTON, CA 92316.0899 Telephone: (909).877-TEAM >FAX,(909) $772$12 nnic�uEnceN1 ay R31, 2012 Rece, i� :5tt'Rlgq•'rimm ..�• . "miucralRms AIL .1 20i2 . ',lhGilhnl % 7A"Dm° war,E TQ_. Associated General Contractors.of California, Inc. (AGC) � A E.R V� IiALBll rERRI ,:Building Industry Association of Southern' California, Inc. (BIA) Ut Q� RIAHrELAI.nnis Engineering Contractors' Association (ECA) Tm a Isouffiemcalifornia Contractors' Association (S.CCA) PAN 11MANDEZ - .. r,u� I?*.eline•Contractor$Assbeiaiion<of'Soufhem California R(IBF.RT 5fANLE]' �m r MR ,lean ater.>s 2010 2.013 Ma—ster Construction Labor Agreement (2012 allocation) l�vs-ldtter�mll,seery,'-'$outher:a California Master. Labor elnY beGvvee x hate Scut errL�Ca ciriiiki - enerO.Gonteactors, Teamsters anVC until o 42 ands eamste) s L9cal3�Zo' 8� (vv eho eMcfive July 1, 2010 to „, Tune 3, 201a,°and lXerebycontained in the xlgreementsollovvs' 1 Effective -on July 1, 201 an increase of fifty cents ($.50) shall be allocated aq, Aq n 1 z nd'p*rl10 & hQU3r1Y waass ficatiorwi RMICI E XVM- . 2. Effective July 1, 2012 an increase in the hourly contribution of seventy cents ($0.7.0) shall be allocated aud.paid to the Construction Teamsters 1 Security Fund under ARTICLE XIX, Health and Welfare from the current twelve dollars and twenty two cents ($12.22) per hour to twelve dollars and ninetywn carte (t 9 99) per hnnr a 3. Effective July 1, 2012 an increase in;the:hourly contribution of fifteen cents ($0.15) shall -be 'allocated anU paid -to the Apprenticeship Program under ARTICLE =11, from the cument.forly five cents ($0.45) per hour to sixty cents ($0.60) per hourk. • RIVERSIDE & SAN BERNARDINID Cl:NTIE.9 IN THEIR ENTIRE'r1. CA _ �� h;•�, ; w` • AMKI.ATEi) !G'ITH 1N'J'ERiVA'1'tONAi.-IiltfYi'ILBRFl Oi1D OFTE.ANIST13R3 +!.,;,,•-. ..�' .� MQ_ AMA uP,eRi47aP AA Engineering Contractors' Association, Inc. 8310 Florence Avenue Downey, CA 90240 562/861-0929 Fox 562/923-6179 LABOR BULLETIN June 16, 2011 Corrected 6-17-11 TO: ECA CONTRACTORS - WE CORRECTED T ..:.m I UBJBC'P.'-OP,HAATINAJENGINEHFtS 2010-2013 MASTJIli.'I,ABOR AGREBMHN71'• IIE TOTAL BELOW FROM $1.50 TO $1.40 -- Effective July 1, 2011, in accordance with the Operating Engineers Loci] 12 2010--2013 Master Labor Agreement, there will be an increase of $1.40 to be allocated as follows; - Wages.............................$0.30 PLEASE SEE ATTACHED Pension ............................. $0.40 11 APPENDIX FOR ZONE PAY Health Welfare .............................$0.AND SUBSISTENCE Apprentice Training/ Journeyman Retraining .........:............$0.15 15 Engineers Contract Compliance Committee ......................$0.05 ., PROVISIONS. Total $1.40 NEGOTIATED INCREASES EFPE. DATES: 9-06-10 1-01-11. 7-01-11 7.01-12 $1.50 $1.00 $1.40 New rates for all fringe benefits are as follows: Pension 1,4.7 f�a o .0a POD,;JS11040 r4'© to NEW RATE .............$5.95vgt0 i � v p60 Health& Welfare .......................................... ........................... ................................................................................................ $11.20 / Supplemental Dues............................Vacation .........................................:............................................................................................2.82 Joint Apprentice Training and Journeyman Retraining ...........................................................................................................0.80 iRAIM"44- IndustryAdvancement Fund....................................................................................................................................................0.08 `� e.�• G L G Engineers Contract Compliance Committee............................................................................................................................0.15 /J Contract Administration Fund Total $21.08 **Special Shift WAGE CLASSIFICATIONS HOURLY WAGE RATES *** Multi- Shift - Effective 07-01-11 Appendix A-1 through Appendix A-3 A-1 Group I $36.13 36.33 Group II 36.91 . 37AI 7 V wfi&k' 37,13 37.91 ® (ierTO9s _ Operating gnginava-Wage halos © � June 16, 2011 L Y�� , Group I11 37.20 37.70 38.20 Group IV 38.69 39.19 39.69 Group V -.- ,- 39.79 CLASSIFICATIONS HOURLY WAGE RATES **Special Shift *** Multi- Shin Appendix A-1 through Appendix A-3 A-1 A-2** A-3*** Group VI 38.91 39.41 39.91 V.II - ; -. - - 40.01 ��raa /Group t110 t6w ✓Group VIIl 9e 39.02 39.52 pp 40.02 4 J,V .�� Group IX 40.12 Group X 39.14 39.64 40.14 • Group XI -• _ 40.24 . GroupX11 - 39.31, 39.81 40.31 GroupXltl 39.41 39.91. 40.41 Groupmv 39.44 39.94 40.44 Group XV 39.52 40.02 40.52 Group XVI 39.64 40.14 40.64 _ Group XVII 39.81 •40.31 40.81 - XVIB 39.91 40.41 40.91 /Group Y Group XIX 40.02' - 40.52 41.02 Group XX 40.14 40.64 41.14 Group XXI 40.31. 40.81 41.31 Group XXII 40.41 40.91 41.41 Group XXIII Group XXIV 40.52 40.64 41.02 41 14 41.52 4194 Group XXV 40.81 41.31 41.81 Effective 7-01-11 *' SPECIAL SHIFT ***MULTI -SHIFT Appendix B-I through Appendix B-3 B-1 B-2** B-3*** -aces-piledr+vine-end-Hoist Group I $37.48-------- 37.98 -_- 38.48 -- Group II 38.26 38.76 39.26 01 ATTACMEdTM 'CONTR BLM ONS PAYABLE TO TFd-1S F RJNDS 07/01/9812 07/01/4913** 7/01/4414*** Laborers' Health and Welfare Fund for Southern California Construction Laborers' Pension Fund for Southern California Fund for Sbuthern California Laborers' Training and Retraining $0.64 J^^j ^� Fund for Southern California Fund for Construction Industry Advancement $20MOR Canter for Contract Compliance Trust Fund iqa- $g Contract Administration Fund $0.07 e e reh"- Laborersrusts' Administrative Trust Fund 170 S Lte>1 * Includes aipplemental Dues contribution FUTUFEINCFEA,cB .. I I � •- R. -. �1 yj ova Vqqv **To be allocated bythe Union to (1) Hourly wage rate; (2) Health & Welfare; (3) Pension; (4) Vacation; (5) Training and Retraining; (6) Sipplemental Dues; (7) Canter for Contract Compliance; (8) Laborers Trusts' Administrative Trust Fund; (9) any combination thereof. ** * $0.25 to be allocated to Pension, remainder to be allocated by the Union to (1) Hourly wage rate; (2) Health & Welfake; (3) Hanson; (4) Vacation; {5) Training and Retraining; (6) Trust Fund; (9) any combination thereof. Page 11 of 11 Engineering Contractors' Association, Inc. 8310 Florence Avenue Downey, CA 90040 562/861-0929 Pax562/923-6179 June 28, 2011 LABOR BULLETIN To: ECA Contractor Members signatory to Laborers Master Labor Agreement 'Effective July 1, 2011, is accordance with the Laborers Master Labor Agreement, there will be a $2.00 increase allocated as follows: Wages: $0.96(inerease) Vocatiou/Supplemental Dues: $0.00 (no change) Training & Retraining:. $0.00 (no change Health and Welfare: $1.00 (increase) , Pension: $0.00 (no change) Center for Contract Compliance: $0.00 (no change) Contract Administration: $0.00 (no change Administrative Trust Fund: $0.04 (new) Total: $2.00 (increase) Agreement expires 6-30-2012 FRINGE BENEFITS: RATE D p l0 PENSION.......................................................... r........................................ ..... .00 (no ange) HEALTH& WELFARE ....:....................................................................... .... .76 (ln rease of $1.00) VACATION/ SUPPLEMENTAL DUES($1.28 Supplemental dues) ....... .. . ... 60 ( o change) TRAINING & RETRAINfNO....................................................................... . . 0. 4 no change) ✓ CENTER FOR CONTRACT COMPLIANCE ............................................... , , . 0.2 (no change) INDUSTRY ADVANCEMENT FUND ................................................. ..... . 0. (no change) CONTRACT ADMINISTRATION FUND ..................................................... 0 7 ochange) f . LABORERS TRUSTS' ADM[INISTRATiVE TRUST FUND . ..........................0.04 W) TOTAL..........................$17.39 WAGE CLASSIFICATIONS 7-1-2011 RATE F GROUP: 1* % 1 $2729 flr Boring Machine Helper (outside) 6 vm-., gel, �� [ Certified Confined Space Laborer �{ Cleaning and Handling of Panel Forms Concrete Screeding for Rough Strike -Off Concrete, Water Gluing andtbe cleaning of lumbar Fiberoptic Installation, Blowing, "Splicing, Testing and related work Fire Watcher, Limbers, Bruah Loaders, Pilers and Debris Handlers Flagman